INDUSTRY INSIGHTS
Manufacturers and bra note of new waste man On 5 May 2021 the Regulations Regarding Extended Producer Responsibility (EPR Regs) came into force under the Waste Act. On the same day, the second round of amendments to the EPR Regs were finally published after extensive consultation with the affected sectors. Garyn Rapson, Paula-Ann Novotny, Nonhlanhla Payne and Amaarah Mayet of Webber Wentzel breakdown the EPR regulations.
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he significance of the EPR Regs cannot be understated. These are gamechanging waste management rules which will undoubtedly have a positive impact for the environment, although they will weigh heavily on those impacted.
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TOP TIPS FOR THE EPR REGULATIONS • They apply to existing and new producers, brand owners and importers of a number of identified products, including: • electrical and electronic equipment; certain batteries; • lighting equipment; and • paper, packaging and some single use products (paper, plastic, glass and metal); • They apply to brand owners who transport, or sell their products
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INDUSTRIAL BUYER MAY/JUNE 2021
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in primary, secondary or tertiary packaging. Literally anyone who sells anything in SA that is packaged; They apply retrospectively to any products placed on the market before 5 May 2021; They apply to SA companies, international companies who placed products on our market through licensed agents, importers of branded goods and, if all else fails, retailers; Registration is required by all of the above parties by 6 November 2021 (or within 3 months for any new producers or importers); All of the above parties must, by 6 November 2021, either: establish and implement their own EPR scheme; join another EPR scheme; or appoint a producer responsibility organisation to establish and implement an EPR scheme;
Why has the EPR scope been extended? Government’s rationale for extending the EPR scope is predominantly informed by the historic approach which has been at play in the market until now, under voluntary industry-driven schemes. The Packaging Council of South Africa (PACSA) (now Packaging SA) and The Glass Recycling Company (TGRC) have been operating as voluntary industry bodies which promote product collection and recycling through their members, with membership comprising principally of converters and secondarily of associates (the latter being the major raw material suppliers, material organisations, brand owners, retailers and other organisations and associations with interests in the industries). Manufacturers and converters in these sectors have thus supported (and pushed for) the government’s extension of the EPR scope to their factions, to formalise the current practice of selfregulation in South Africa’s industries. Government’s reigning in of a wider scope of manufacturers and importers of products also seems to align with its idea of a circular economy, i.e. to allocate responsibility for the impact their products have on the environment, from manufacture to the day they are discarded.
