PEZA Clarifies Applicability of Provisions of Republic Act No. 11898 or the Extended Producer Responsibility Act of 2022

On 25 April 2024, the Philippine Economic Zone Authority (“PEZA”) issued PEZA Memorandum Circular No. 2024-021 to apprise all PEZA-registered business enterprises (“RBEs”) of the implementation of Republic Act No. 11898 or the “Extended Producer Responsibility (EPR) Act of 2022” (“EPR Act”). In a letter dated 09 August 2023 from PEZA addressed to the Department of Environment and Natural Resources-Environmental Management Bureau (“DENR-EMB”), the PEZA sought guidance from DENR-EMB on the applicability of the EPR Act in the economic zones since most of the RBEs in the economic zones manufacture products for export. It should be noted that the EPR Act aims to address post-consumer plastic packaging wastes introduced in the local waste stream. 

In a letter dated 02 April 2024, the DENR-EMB clarified that all PEZA RBEs, whose products are exported, are not covered by the EPR Act. However, if portions of their manufactured products are distributed and sold locally then they may be covered. The wastes generated during the regular course of operation of the RBEs, based on its classification, are already covered by Republic Act No. 9003 or the “Ecological Solid Waste Management Act of 2000”, or Republic Act No. 6969 or the “Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990”. 

In addition, the DENR-EMB stated that the mandate to register their EPR programs is only for obliged enterprises as defined under Section 44-B of the EPR Act. The DENR-EMB further stated that it is the responsibility of every enterprise to determine whether they fall within the definition of “Obliged Enterprises.” Under the said Section 44-B, “Obliged Enterprises” are large enterprises that generate plastic packaging waste.

As a final note, the DENR-EMB encouraged the registration of EPR programs even to those who are not obliged to do so, as an extended partnership for a cleaner and greener environment.