G/TBT/N/KEN/1424  
26 April 2023  
(23-2950) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  KENYA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
The National Environment Management Authority (NEMA)  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from a bove:   
Kapiti Road, South C,  
P.O. Box 67839 – 00100, NAIROBI, KENYA.  
Tel. 254 -020-609013/27/79 or 608999 Fax 254 -02-608997  
E-mail: dgnema@swiftkenya.com  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Municipal 
waste (HS code(s): 382510); Wastes (ICS code(s): 13. 030) 
5. Title, number of pages and language(s) of the notified document:  The Sustainable 
Waste Management Act (No. 31 of 2022) (Extended Producer Responsibility) Regulations, 
2022; (36 page(s), in English)  
6. Description of content:  (1) The purpose of th ese Regulations shall be to:  
(a) extend the responsibility of a producer over a product and its packaging during the 
entire life cycle of the product or its packaging;  
(b) provide an overarching framework for establishment and operation of mandatory 
extend ed producer responsibility schemes;  
(c) optimize the life cycle approach to management of products and associated wastes;  
(d) enhance resource mobilization for management of products and sustainable waste 
management;  
(e) operationalization of polluter pays principle; and  
(f) promote collaborative approach in management of products and associated wastes;  
2. These Regulations s hall apply to: (a) a producer; (b) an individual extended producer 
responsibility compliance schemes; and (c) a producer responsibility organisation.  
3. (i)These Regulations shall apply to the products set out in the First Schedule.  
(ii) The products cover ed under these Regulations shall be those that negatively impact 
the environment and health due to:  G/TBT/N/KEN/1424  
 
- 2 - 
 
  (a) the challenge they pose on: (i) reuse; (ii) recyclability; and (iii) recoverability.  
(b) the high management cost of the products at post -consumer stage  because of the: 
(i) quantities involved; (ii) hazardous nature; (iii) risks involved.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:   
N/A 
9. Proposed date of adoption:  30 September 2023  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Kenya Bureau of Standards  
WTO/TBT National Enquiry Point  
P.O. Box: 54974 -00200, Nairobi, Kenya  
Telephone: + (254) 020 605490, 605506/6948258  
Fax: + (254) 0 20 609660/609665  
E-mail: info@kebs.org ; Website: http://www.kebs.org  
https://members.wto.org/crnattachments/2023/TBT/KEN/23_9306_00_e.pdf