EPR regulations are an ongoing commitment

For many years, recovery and recycling have largely been voluntary; however, with South Africa’s new extended producer responsibility (EPR) regulations, all producers are now mandated to participate in recovery schemes.

The new mandatory EPR regulations, published by the Department of Environment, Forestry and Fisheries (DEFF) in November 2020, now require producers to take financial and physical responsibility for their products and to ensure that consumers can reuse, recycle and repurpose products with greater ease.

This means that producers are responsible for their products until the post-consumer stage of that product’s entire life cycle. All existing producers of EPR products are required to register with the DEFF (draft EPR Regulations, reg. 4(1)) and to develop and implement an EPR scheme or join another scheme (reg. check the relevant clause on the final notice published on 5 November (1)).

The EPR Regulations prescribe:

• the general scheme structure and responsibilities

• the minimum requirements and operational criteria

• financial arrangements for an EPR scheme

• the appropriate monitoring, reporting and evaluation criteria for the scheme (regs 5 to 8; check latest regs).

It also requires producers to report on progress made towards the collection and recycling targets specified per packaging material and format in the regulations. Shabeer Jhetam, executive director at Packaging SA, says the regulations will go a long way in calling to order those who have not been funding or running their own recovery schemes.

“The days of free-riders are over; it’s time for everyone to take ownership.”

Much-needed amendments

Although the paper and packaging industry agrees that this is a significant step forward in addressing the pollution crisis in South Africa, Jhetam says some amendments need to be made to current regulations in order to ensure success. “We are not only looking forward to working with government but believe that EPR regulations are a positive development.

However, there are certain requirements in the regulations that are simply impossible to comply with.” Therefore, Packaging SA, together with other industry bodies – namely Business Unity SA, the Consumer Goods Council and the lighting and electronics waste industries – approached Minister Barbara Creecy and her team at the DEFF regarding proposed amendments to be made within the current regulations.

Jhetam explains that they have identified several key issues they have discussed with the minister and her department.

Some of the regulations they believe need some adjustment/clarifying include:

1. Unpacking the definition of a ‘producer’

2. Obligations of producers vs producer responsibility organisations (PROs)

3. Setting of EPR fees: This cannot be set by the producer but rather the PRO

4. Clear methodology and standards need to be set regarding targets.

Following their consultation with Minister Creecy, a task team was formed, consisting of members from the various industries and individuals from the department. The key objective is to investigate the issues raised by industry and make necessary amendments.

Meetings are set to start towards the end of January. “We are very much encouraged by the response from the minister and her team. They are open to discussion and we are working together to make amendments to the regulations. We want to take ownership but need practical legislation that can be implemented,” explains Jhetam.

“We are confident that we will find a workable solution.”

Separation at source

In addition to the issues Packaging SA has raised regarding the EPR regulations, Jhetam also feels there needs to be made mention of mandatory separation at source. He asserts that all the work that would be done by producers, manufacturers, brand owners, retailers and importers would be in vain if consumer responsibility is not emphasised. “In order for us to work towards landfill diversion, waste minimisation and recycling, everyone within the entire value chain needs to play their part. The consumer also has an important role to play by separating their waste.”

Long-standing commitments

According to Jhetam, Packaging SA and its members have been running voluntary ‘EPR’ schemes even prior to these mandatory conditions.

These have seen a diversion rate for paper and packaging that is on par with global standards. “We knew, even then, that we needed to take responsibility and all our members have done a great job.”

Jhetam emphasised that, once these key issues are addressed and consensus is reached, EPR regulations can have a positive and lasting impact.

“EPR is not just simply a five-year plan – it’s an ongoing project that will need further adjustment and improvement along the way,” he concludes.