Are electronic product producers compliant?

The legal criteria for Extended Producer Responsibility (EPR) came into effect in May 2021.

EPR aims to ensure that producers are accountable for the whole life cycle of the products they market and sell, from conception to postconsumer waste disposal.

In South Africa, these producers are defined under the EPR regulations to include the full value chain: From manufacturers, converters, and refurbishers to importers and brand-owners.

Any persons or category of persons involved in the commercial manufacture, conversion, refurbishment, or import of any new or used EPR items fall under this category.

Manufacturers and importers of packaged goods also fall under the definition of "producers" of packaging materials and will be impacted.

The onus now also falls on producers

According to Patricia Schröder, spokesperson for the producer responsibility organisation (PRO) Circular Energy NPC, this decision is a game changer.

“Before the passing of the EPR regulations, the public, including local governments and business,’ bore the full financial burden and responsibility of waste collection and disposal,” she explains.

“These regulations return the onus of responsibility to the producers of electric and electronic equipment, lighting and light equipment and paper, packaging, and single-use goods. They must be accountable for a product's whole lifespan.”

Schröder elaborates that it is intended that by making manufacturers financially and/or operationally accountable for their end-of-life products, more waste will be kept out of landfills; and more recycling and other circular economy initiatives will gain traction.

“The producer of electrical or electronic equipment, lighting and lighting equipment and paper and packaging must be either the brand owner of the items using the packaging, the retailer in the case of house brands, or the importer of the goods contained in the packaging, according to international best practice. As it engages all stakeholders at every level of the packaging value chain, this innovative strategy might be a workable means to move towards sustainable waste management and a circular economy.”

With the development of the 2023 EPR plans underway, Schröder explains that the focus now falls on the submissions and ability of the PROs to meet the legislative requirements.

“It is now mandatory for producers to register with the Department of Forestry, Fisheries and Environment (DFFE;) on their website and ensure that all recognised products are covered by an appropriate EPR Scheme.”

PRO’s can assist in reducing the administrative workload

Schröder explains that producers must also comply to the following options: they must join an existing PRO, or create and submit an independent EPR Scheme (the 5 Nov 2021 deadline for this has already passed) to DFFE for their electrical and electronic products, lighting and lighting equipment and packaging.

“Joining a PRO is very beneficial, as it can help producers be compliant through its take-back scheme,” Schröder says. “In order to ensure that their producer members are fulfilling their legal obligations under the EPR Regulations, PRO's can offer them the advice and services necessary.”

In addition, she emphasises the interests of the various sectors should be safeguarded to enable the entire take-back scheme is both effective and affordable for producers. This entails meeting all legal requirements in accordance with best practice principles.

“The PRO will be in charge of leading sectorbased waste minimisation programs, managing financial arrangements for funds to support waste reduction, re-use, recycling, and recovery, and developing innovative solutions to lessen potential effects of products on human health and the environment,” she concludes.

Schröder sums up the PRO’s primary goals as follows:

• Using a compliant effective and efficient system while adhering to stringent governance principles. • Promoting and putting the concepts of the circular economy into practice. • Contributing to the Sustainable

Development Goals in order to make a real difference in the world. • Caring for the environment with a multifaceted, best practice strategy. 