FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
) 
SENATE 
/ 
Introduced by Senator Antonio “Sonny” F. Trillanes N 
EXPLANATORY NOTE 
The earth’s natural resources are being devoured today at a rate that highlights the idea that 
future generations will be paying for serious consequences it would bring. For this reason, the 
importance of recycling has been continuously becoming an essential matter which concerns the 
general public and the economy. ’ 
The ban on disposing electronic waste (e-waste) through the normal solid waste stream has 
resulted in illegal dumping in many countries. At present, many companies and individuals are 
improving their recycling habits by coming up with ways to reduce what they use. This concept 
of recycling is not only favorable for our surroundings but also for businesses as they secure 
better relations with the consumers over the matter of saving the environment.’ 
In this light, a comprehensive legislation that will provide the people a method on how to recycle 
much of what was being used, instead of turning it into unusable waste, is highly called for. 
This bill aims to help recycle the people’s electronic devices for free by taking a “manufacturers’ 
responsibility” approach to recycle e-waste. Applicable only to devices sold to households, this 
bill requires companies that produce consumer electronics to collect and recycle the products 
they have sold. 
In view of the foregoing, the immediate approval of this bill is earnestly recommended. 
A ~ T ~ N I O  
“SONNY” F. TRILLANES IV 
Senator 
The Importance of Recycling. Data retrieved on 02 July 2008 at httu://urinterinkcarid~es.unntcount~.com/inkiet- 
1 
recvclinp-and-buvback-recvcled-emu~-cart~d~es-related~~icles/th~im~ortance-of-recy~ling-and-how-~ 
helu-environment 
1 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
Second Regular Session 
1 
SENATE 
/ 
S. No. 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
AN ACT 
PROVIDING FOR THE COLLECTION, TRANSPORTATION AND RECYCLING OF 
ELECTRONIC WASTE AND CELLULAR PHONES 
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled. 
ARTICLE I 
TITLE 
SECTION ‘1. Short Title. This Act may be cited as the “E-waste and Cellular Phones 
Recycling Act of 2VV8’’. 
SEC.2. Definition of Term. - For the purpose of this Act, the following are defined as 
follows: 
a. “Bureau” means the Bureau of Internal Revenue; 
b. “Cathode-ray tube” or “CRT” means a vacuum tube or picture tube used to convert an 
electronic signal into a visual image; 
c. “Collection” means the aggregation of covered electronic devices from households 
and includes all the activities up to the time the covered electronic devices are delivered to a 
recycler; 
d. “Collector” means a public or private entity that receives covered electronic devices 
from households and arranges for the delivery of the devices to a recycler; 
e. “Commissioner” means the Commissioner of the Bureau of Internal Revenue; 
1 


i 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
f . “Computer” means an electronic, magnetic, optical, electrochemical, or other high- 
speed data processing device performing logical, arithmetic, or storage functions, but does not 
include an automated typewriter or typesetter, a portable hand-held calculator or device, or other 
similar device; 
g. “Computer monitor” means: 
(1) 
an electronic device that is a cathode-ray tube or flat panel display primarily 
intended to display infobation from a central processing unit or the Internet; 
(2) includes a laptop computer; 
h. “Covered electronic device” means computers, peripherals, facsimile machines, DVD 
players, video cassette recorders, and video display devices that are sold to a household by 
means of retail, wholesale, or electronic commerce; 
i. “Department” means the Department of Environment and Natural Resources 
j. “Dwelling unit” means a single unit providing complete, independent, living 
facilities for one or more persons, including permanent provisions for living, sleeping, 
eating, cooking, and sanitation; 
k. “Household” means an occupant of a single detached dwelling unit or a single unit of 
a multiple dwelling unit who has used video display device at a dwelling unit primarily for 
personal use; 
1. “Manufacturer”means a person who: 
(1) ,manufactures video display devices to be sold under its own brand as 
identified by its own brand label; or 
(2) sells video display devices manufactured by others under its own brand as 
identified by its own brand label. 
m. 
“Peripheral” means a keyboard, printer, or any other device sold exclusively for 
external use with a computer that provides input or output into or from a computer; 
2 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
n. “Program year” means the period from July 1 through June 30 of the following year; 
0. “Recycler” means a public or private individual or entity who accepts covered 
electronic devices from households and collectors for the purpose of recycling. A manufacturer 
who takes products for refurbishment or repair is not a recycler; 
p. “Recycling” means the process of collecting and preparing video display devices or 
covered electronic devices for use in manufacturing processes or for recovery of useable 
materials followed by delivery of such materials for use. Recycling does not include the 
destruction by incineration or other process or land disposal of recyclable materials nor reuse, 
repair, or any other process through which video display devices or covered electronic devices 
are returned to use for households in their original form; 
q. “Recycling credits” means the number of pounds of covered electronic devices 
recycled by a manufacturer from households during a program year, less the product of the 
number of pounds of video display devices sold to households during the same program year, 
multiplied by the proportion of sales a manufacturer is required to recycle; 
r. “Retailer” means a person who sells, rents, or leases, through sales outlets, catalogs, 
or the Internet, a video display device to a household and not for resale in any form; 
s. “Secretary” means the Secretary of the Department of Environment and Natural 
Resources; 
t. “Sell” or “sale” means any transfer for consideration of title or of the right to use, by 
lease or sales contract, including, but not limited to, transactions conducted through sales outlets, 
catalogs, or the Internet, or any other similar electronic means, by a person who conducts the 
transaction and controls the delivery of a video display device to a consumer, but does not 
include a manufacturer’s or distributor‘s wholesale transaction with a distributor or a retailer; 
u. “Television” means an electronic device that is a cathode-ray tube or flat panel display 
primarily intended to receive video programming via broadcast, cable, or satellite transmission or 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
video from surveillance or other similar cameras; 
v. “Video display device” means a television or computer monitor, including a laptop 
computer, that contains a cathode-ray tube or a flat panel screen with a screen size that is greater 
than nine inches measured diagonally and that is marketed by manufacturers for use by 
households. Video display device does not include any of the following: 
(1) a video display device that is part of a motor vehicle or any component part of 
a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, 
including replacement parts for use in a motor vehicle; 
(2) a video display device, including a touch-screen display, that is functionally or 
physically part of a larger piece of equipment or is designed and intended for use in an 
industrial; commercial, including retail; library checkout; traffic control; kiosk; security, 
other than household security; border control; or medical setting, including diagnostic, 
monitoring, or control equipment; 
(3) a video display device that is contained within a clothes washer, clothes dryer, 
refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, 
dishwasher, room air conditioner, dehumidifier, or air purifier; or 
(4) a telephone of any type unless it contains a video display area greater than 
. .  
nine inches measured diagonally. 
w. “Cellular telephone” means a mobile wireless telephone device that is designed to 
send or receive transmissions through a cellular radotelephone service and does not include a 
wireless telephone device that is integrated into the electrical architecture of a motor vehicle; 
x. “Cellular telephone service provider” means a provider of wireless voice or data retail 
service; 
y. “Retailer” means a person, firm or corporation that sells or offers to sell a cellular 
telephone to a consumer at retail. 
4 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
ARTICLE II 
REGISTRATION PROGRAM 
SEC. 3. Requiremenis for Sale. - 
(a) A manufacturer must not sell or offer for sale or deliver to retailers for subsequent 
sale a new video display device unless: 
(1) the video display device is labeled with the manufacturer's brand, which label 
. .  
is permanently affixed and readily visible, and 
(2) the manufacturer has filed a registration with the Department 
(b) A retailer who sells or offers for sale a new video display device to a household must, 
before the initial offer for sale, review the Department Web site specified in Section 4 (g) to 
determine that all new video display devices that the retailer is offering for sale are labeled with 
the manufacturer's brands that are registered with the Department; 
(c) A retailer is not responsible for an unlawful sale if the manufacturer's registration 
expired or was revoked and the retailer took possession of the video display device prior to the 
expiration or revocation of the manufacturer's registration and the unlawful sale occurred within 
six months after the expiration or revocation. 
SEC. 4. 
Manufacturer's Registration. - 
(a) A manufacturer of video display devices sold or offered for sale to households must 
submit a registration to the Department that includes: 
(1) a list of the manufacturer's brands of video display devices offered for sale in 
the country; 
(2) the name, address, and contact information of a person responsible for 
ensuring compliance with this Act; and 
(3) a certification that the manufacturer has complied and will continue to comply 
5 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15' 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
with the requirements of the Sections under Article I1 of this Act. 
b) Each year, a manufacturer of video display devices sold or offered for sale to a 
household must include in the registration submitted under paragraph (a) of this Section, a 
statement disclosing whether: 
(1) any video display devices sold to households exceed the maximum 
concentration values established for lead, mercury, cadmium, hexavalent chromium, 
polybrominated biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs); or 
(2) the manufacturer has received an exemption from one or more of those 
approved maximum concentration values. 
(c) A manufacturer who begins to sell or offer for sale video display devices to 
households, and has not filed a registration under this Section must submit a registration to the 
Department within ten (10) days of beginning to sell or offer for sale video display devices to 
households; 
(d) A registration must be updated within ten (10) days after a change in the 
manufacturer's brands of video display devices sold or offered for sale to households; 
(e) A registration is effective upon receipt by the Department and is valid until August 1 
of each year; 
(f) The Department must review each registration and notify the manufacturer of any 
information required by this Section that is omitted from the registration. Within thirty (30) days 
of receipt of a notification from the Department, the manufacturer must submit a revised 
registration providing the information noted by the Department; 
(g) The Department must maintain on its Web site the names of manufacturers and the 
manufacturers' brands listed in registrations filed with the Department. The Department must 
update the Web site information promptly upon receipt of a new or updated registration. The 
Web site must contain prominent language stating, in effect, that all Sections in this Act are 
6 


4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
directed at household equipment and the manufacturers’ brands list is, therefore, not a list of 
manufacturers qualified to sell to industrial, commercial, or other markets identified as exempt 
from the requirements of this Act. 
SEC. 5. 
Collector’s Regiitration. - No person may operate as a collector of 
covered electronic devices from households unless that person has submitted a registration with 
the Department on a form prescribed by the Secretary. Registration information must include the 
name, address, telephone number, and location of the business and a certification that the 
collector has complied and will continue to comply with the requirements of Sections under 
Article I1 of this Act. A registration is effective upon receipt by the Department and is valid until 
July 1 of each year. 
SEC. 6. 
Recycler’s Registration. - No person may recycle video display devices 
generated by households unless that person has submitted a registration with the Department on a 
form prescribed by the Secretary. Registration information must include the name, address, 
telephone number, and location of all recycling facilities under the direct control of the recycler 
that may receive video display devices from households and a certification that the recycler has 
complied and will continue to comply with the requirements of Sections under Article I1 of this 
Act. A registered recycler may conduct recycling activities that are consistent with this Act. A 
registration is effective upon receipt by the Department and is valid until July 1 of each year. 
SEC. 7. Manufacturer’s Registration Fee. - Each manufacturer who registers under 
Article I1 of this Act must, each year, pay to the Commissioner of the Bureau an annual 
registration fee. The Commissioner of the Bureau must deposit the fee in the account established 
in Section 4 of this Act. 
7 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
ARTICLE III 
REPORTING REQUIREMENTS 
SEC. 8. Manufacturer's Reporting Requirements. - 
(a) By August 1 of each year, each manufacturer must report to the Bureau: 
(1) the total weight of each specific model of its video display devices sold to 
households during the previous program year; 
(2) the total weight of its video display devices sold to households during the 
previous year; or 
(3) an estimate of the total weight of its video display devices sold to households 
during the previous program year based on national sales data. A manufacturer must 
submit with the report required under this paragraph a description of how the information 
or estimate was calculated; 
(b) By August 1 of each year, each manufacturer must report to the Bureau the total 
weight of covered electronic devices the manufacturer collected from households and recycled or 
arranged to have collected and recycled during the preceding program year. 
(c) By August 1 of each year, each manufacturer must report to the Bureau: 
(1) the number of recycling credits the manufacturer has purchased and sold 
during the preceding program year; 
(2) the number of recycling credits the manufacturer retains at the beginning of 
the current program year. 
SEC. 9. Recycler's Reporting Requirements. - By August 1 of each year, a recycler of 
covered electronic devices must report to the Department and the Bureau the total weight of 
covered electronic devices recycled during the preceding program year and must certify that the 
recycler has complied with Article IV ofthis Act. 
8 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
SEC. 10. Collector's Reporting Requirements. - By August 1 of each year, a collector 
must report to the Department the total pounds of covered electronic devices collected, and 
provide a list of all recyclers to whom collectors delivered covered electronic devices. 
ARTICLE IV 
RESPONSIBILITIES 
SEC, 11. Manufacturer's Responsibilities. - 
(a) In addition to fulfilling the requirements of this Act, a manufacturer must comply with 
paragraphs (b) to (e); 
(b) A manufacturer must annually recycle or arrange for the collection and recycling of 
an amount of covered electronic devices equal to the total weight of its video display devices 
sold to households during the preceding program year, multiplied by the proportion of sales of 
video display devices required to be recycled, as established by the Department under Section 14 
(c) of this Act; 
(c) The obligations of a manufacturer apply only to video display devices received from 
households and do not apply to video display devices received from sources other than 
households; 
(d) A manufacturer must conduct and document due diligence assessments of collectors 
and recyclers it contracts with, including an assessment of the items. A manufacturer is 
responsible for maintaining, for a period of three years, documentation that all video display 
devices recycled, partially recycled, or sent to downstream recycling operations comply with the 
necessary requirements; 
(e) A manufacturer must provide the Department with contact information for a person 
who can be contacted regarding the manufacturer's activities under this Act. 
9 


1 
2 
3 
4 
5 
6 
7 
a 
9 
10 
11 
12 
13 
14 
15 
16 
17 
i a  
19 
20 
21 
22 
23 
24 
25 
SEC. 12. Recycler's Responsibilities. - 
(a) As part of the report submitted under this Act, a recycler must certify, except as 
provided in paragraph (b) of this Section, that facilities which recycle video display devices, 
including all downstream recycling operations: 
(1) comply with all applicable health, environmental, safely, and financial 
responsibility regulations; 
(2) are licensed by all applicable governmental authorities; 
(3) use no prison labor to recycle video display devices; and 
(4). possess liability insurance for environmental releases, accidents, and other 
emergencies. 
(b) A nonprofit corporation that contracts with a correctional institution to refurbish and 
reuse donated computers in schools is exempt from paragraph (a) (3) and (4); 
(c) Except to the extent otherwise required by law, a recycler has no responsibility for 
any data that may be contained in a covered electronic device if an information storage device is 
included in the covered electronic device; 
SEC. 13. Retailer's Responsibilities. - 
(a) By July 1 of each year, a retailer must report to a manufacturer the number of video 
display devices, by video display device model, labeled with the manufacturer's brand sold to 
households during the previous program year; 
(b) A retailer who sells new video display devices shall provide information to 
households describing where and how they may recycle video display devices and advising them 
of opportunities and locations for the convenient collection of video display devices for the 
purpose of recycling. This requirement may be met by providing to households the Department's 
toll-free number and Web site address. Retailers selling through catalogs or the Internet may 
10 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
meet this requirement by including the information in a prominent location on the retailer's Web 
site. 
ARTICLE V 
DEPARTMENT AND BUREAU DUTIES 
SEC. 14. Duties of the Department. - 
(a) The Department shall administer all Sections in this Act; 
(b) The Department shall establish procedures for: 
(1) receipt and maintenance of the registration statements and certifications filed 
with the Department under Article II; and 
(2) making the statements and certifications easily available to manufacturers, 
retailers, and members of the public. 
(c) The Department shall'annually review the value of the following variables which will 
be a part of the formula to be used to calculate a manufacturer's annual registration fee: 
(1) the proportion of sales of video display devices sold to households that 
manufacturers are required to recycle; 
(2) the estimated per-pound price of recycling covered electronic devices sold to 
households; 
(3) the base registration fee; and 
(4) the multiplier established for the weight of covered electronic devices 
collected. 
If the Department determines that any of these values must be changed in order to 
improve the efficiency of the activities regulated under this Act, it shall present those 
recommendations and the reasons for them to Committees of the Congress with 
jurisdiction over solid waste policy. 
11 


1 
(d) By January 15 each year, the Department shall calculate estimated sales of video 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
display devices sold to households by each manufacturer during the preceding program year, 
based on national sales data, and forward the estimates to the Bureau; 
(e) On or before December 1 each year, the Department shall provide a report to the 
legislature on the implementation of this Act. For each program year, the report must discuss the 
total weight of covered electronic devices recycled and a summary of information in the reports 
submitted by manufacturers and recyclers under Article 111. The report must also discuss the 
various collection programs used by manufacturers to collect covered electronic devices; 
information regarding covered electronic devices that are being collected by persons other than 
registered manufacturers, collectors, and recyclers; and information about covered electronic 
devices, if any, being disposed of in landfills in the country. The report must include a 
description of enforcement actions under this Act. The Department may include in its report 
other information received by the Department regarding the implementation of this Act; 
(f) The Department shall promote public participation in the activities regulated under 
this Act through public education and outreach efforts; 
(g) The Department shall enforce this Act accordingly, except for those provisions 
enforced by the Bureau. The Department may revoke a registration of a collector or recycler 
found to have violated this Act; 
(h) The Department shall facilitate communication as regards the collection and recycling 
centers, and manufacturers to ensure that manufacturers are aware of video display devices 
available for recycling; 
(i) The Department shall develop a form retailers must use to report information to 
manufacturers under Article IV and post it on the Department's Web site; 
(j) The Department shall post on its Web site the contact information provided by each 
manufacturer under Section 11, paragraph (e) of this Act. 
12 


1 
SEC. 15. Duties of the Bureau. - 
2 
3 
4 
5 
6 
7 
8 
9 
10 
1 1  
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
(a) The Bureau must collect the data submitted to it annually by each manufacturer on the 
total weight of each specific model of video display device sold to households, if provided; the 
total weight of video display devices sold to households; the total weight of covered electronic 
devices collected from households that are recycled; and data on recycling credits, as required 
under Article nI of this Act. The Bureau must use this data to review each manufacturer's annual 
registration fee submitted to the Bureau to ensure that the fee was calculated accurately 
according to the necessary formula. 
(b) The Bureau must estimate, for each registered manufacturer, the sales of video 
display devices to households during the previous program year, based on the data provided by a 
manufacturer on sales of video display devices to households, including documentation 
describing how that amount was calculated and certification that the amount is accurate; or 
(c) The Bureau must enforce Section 7 of this Act. The Commissioner may grant 
extensions to pay, and impose and abate penalties and interest on the fee due under Section 7 of 
this Act. 
. .  
(d) The Bureau may disclose nonpublic data to the Department only when necessary for 
the efficient and effective administration of the activities regulated under this Act. Any data 
disclosed by the Bureau to the Department retains the classification it had when in the possession 
of the Bureau. 
ARTICLE VI 
RECYCLING OF CELLULAR PHONES 
SEC. 16. Collectloit System 
A retailer shall accept, at no charge, used cellular 
telephones from any person. A retailer required to accept used cellular telephones under this 
Section shall post, in a prominent location open to public view, a notice printed in boldface type 
13 


1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
and containing the following language: "We accept used cellular telephones at no charge." 
SEC. 17. Disposal Ban. - A person may not dispose off a cellular telephone in solid 
. .  
waste for disposal in a solid waste disposal facility. 
SEC. 18. Reports. - Every year, a cellular telephone service provider shall report to the 
Bureau the number of cellular telephones collected pursuant to this Section and how the 
collected cellular telephones were disposed of, reused or recycled. The Bureau shall report on the 
collection system to the joint standing committee of the Legislature having jurisdiction over 
natural resources matters. 
SEC. 19. Separability Clause. - If any part or provision of this Act is held 
unconstitutional or invalid, other parts or provisions hereof which are not affected thereby shall 
continue to be in full force and effect. 
SEC. 20. 
Effecfivify . - This Act shall take effect after fifteen (15) days following its 
complete publication in at least two (2) national newspapers of general circulation. 
Approved, 
14