Republic ofthe Philippines
HOUSE OF REPRESENTATIVES
Constitution His, Quezon Cty

‘SEVENTEENTH CONGRESS
‘Second Regular Session

5901

HOUSE BILL NO.

Introduced by:
Gabriela Women's Party Reps. EMMI A. DE JESUS and ARLENE D. BROSAS,
Bayan Muna Rep CARLOS ISAGANIT, ZARATE, ACT Teachers’ Party
Reps. ANTONIO L. TINIO and FRANCE L. CASTRO, Anakpawis Party/listRep. ARIEL CASILAO,
‘and Kabataan Parylist Rep. SARAH JANE I, ELAGO

ee

EXPLANATORY NOTE

For the past few years, the Philippines has seen a substantial increase in Electrical and Electronic Equipment
(GEE) usage. This trend is a resut of the combined effects of changing consumption habits, rapidly evohing
technology, and reduced fe cycles of gadgets, among others, From 1995-2010, an estimated number of 39.3
million EEEs went obsolete, 20.2 milion were reused, 84 million were recycled, 24.3 milion were landfiled, and
20 million were stored in houses.’

Importation of e-waste also adds to the averall problem of e-waste management, Various studies have shown
that a considerable amount of e-waste generated in developed countries are either discarded as regular
household items (which mostly lead to landfils) or imported to developing countries where they are ether reused
‘or processed In recycling plants which practice primitive recycling procedures

Imported e-waste contributes largely tothe total e-waste generation of the country. From 2001 to 2005, imported
used EEE amounted to 5,195,730 units, using data on only § kinds of EEE (televisions, refrigerators, air
‘conitioners, washing machines, and personal computers)’, The importation data recorded by the Bureau of
Importation Services In 2004 showed thatthe number of used PCs imported tothe country equal to almost haf of
the new PCs imported (43,093 units and 88,438 units respectively). >

‘The term electronic waste, shortened as e-waste, ‘and the synonymous Waste Electrical and Electronic
Equipment (WEEE) used in iterationalterature, is used to describe old, end-o-ite, or discarded appliances
that use electricity. This includes anything from large household appliances such as washing machines to small
handheld gadgets such as cell phones ‘The average e-waste contains materials which can be dangerous if

Alam, The Assessment ofthe of E-Waste Management Generated from Cellular Phones, Laptops, and Personal
Computers in the Philippines, Manila Joumal of Science 9, pp, 27-42 (2016)

2G. Saviez, E-Waste Management in the Philippines, Environmental Management Bureau, Department of Environment and
‘Natural Resources,

bid.

«4 The EU Directive 200296/EC identified 10 categories of WEEE namely: large household appitances; rail household
‘appliances; IT and telecommunications equipment; consumer equipment; Ighting equipment; electrical and electronic tools;
toys, leisure and sports equipment, medical devices, monitoring and contol instruments and; avtomatic dispensers.


handled incorrectly. EEE highly varies on their component parts. This makes e-waste recycling @ complicated
‘and specialized task. Although the chemical compostion of e-wastes mostly consists of several metal alloys such
‘3s copper, aluminum, and iron which are not necessarily harmful, there are trace amounts of hazardous
chemicals such as lead, cadmium, and chromium which are hazardous especially in large quantities. Some
‘chemical components, such as heavy metals, are used in the production of the equipment, while some are
generated through various Inappropriate recycling practices. For example, burning of air-conditioners resul to the
release of contained CFCs (Chiorofluarocartons), a leading cause of the ozone layer depletion, Outdated
recycling procedures lead 1o the release of toxic by-products to the environment which rapidly build up because
of the increasing production of EEE which eventually become e-waste. E-waste therefore requires special
recycling techniques to ensure that its harmful components are properly disposed of to avoid adverse impacts on
human health and the environment.

‘The Philippines lacks a formal and comprehensive e-waste management system. While there are a few DENR-
accredited e-waste recycling companies in the country, these mostly process e-waste coming from industrial
markets. E-waste recyoing is largely at the hands of scavengers, waste pickers, and junk shop operators. E-
wastes coming from households are disposed together with other household wastes and are brought to garbage
‘dumps where they are segregated ~ e-wastes are carted off to be sold to junk shops which are in turn sold to
larger dealers. Sanitary and safety precautions in handing e-wastes are often disregarded. E-wastes such as
televisions, computer monitors, ight bulbs, cables etc. are sometimes crushed, broken, or bumed to make more
space oF fo extract the metals or minerals inside that may be recycled or sold. Injuries that may result from such
practices are often not treated property due to the lack of awareness of the dangers of the chemicals contained
in these wastes. Buming of cables also contibute to air polation and pose additonal health hazards to nearby
communities.*

In the Philippines, e-waste is classified as a special type of waste under the Toxic Substances and Hazardous
‘and Nuclear Wastes Control Act of 1990 (RA 6969). The Department on Environment and Natural Resources ~
Environmental Management Bureau (DENR-EMB) has issued a draft document of the Guidelines on the
Environmentally Sound Management (ESM) of Waste Electrical and Electronic Equipment (WEEE) as an
extension of RA 6969 which is yet to be approved.

‘Since the draft guidelines on the ESM of WEEE have yet to be approved, there is presently no law governing the
overall management of e-waste from production to disposal, In the previous Congresses, there were two bills that
tackled the issue of e-waste.

The first is Senate Bil no, 911(E-waste and Cellular Phones Recycling Act) authored by Sen, Sonny Trillanes
Which aims to provide a system for the collection, transportation, and recycling of electronic waste, particularly
call phones and other video display devices. The bill is a laudable initiative in improving e-waste management in
the country, yet its scope remains limited in the face of the growing e-waste production. Up to this day, the bil is
still pending on the Senate Committee on Environmental and Natural Resources.

The other pending bill Is House Bill no, 5578 (Ban Toxic Wastes), proposed by Gabriela Women's Party and
Bayan MunaPartylst. I seeks to amend RA 6969 in order fo strengthen the existing waste management system
in the country and align it with international policies such as the Basel Convention. The main feature ofthe bil
‘elated to e-waste Is the application of the Extended Producer Responsibility (EPR) for producers not based in
the county and the prohibition of e-waste importation

‘SGutlerez, R., 8 Agarrado, G. (2011). The Vanishing E-Waste ofthe Philippines. Eco Waste Coalition,


Despite pending legislations and small programs aimed at managing the worsening e-waste problem of the
‘country, extensive initiatives on environmentally sound e-waste management are still lacking and thus perpetuate
the lack of awareness and ignorance ofthe dangers posed by unsafe e-waste management practices.

Given all the premises, its authors strongly urge this House to pass It promptly,

Armes

EMMI A. DE Jt



Republic ofthe Philipines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

‘SEVENTEENTH CONGRESS
Second Regular Session

5901

HOUSE BILL NO.

——_— esses

Introduced by:
Gabriela Women's Party Reps. EMMI A. DE JESUS and ARLENE D. BROSAS,
‘Bayan Muna Rep. CARLOS ISAGANI T, ZARATE, ACT Teachers’ Parylist
Rops. ANTONIO L. TINIO and FRANCE L. CASTRO, Anakpawis Partyist Rep. ARIEL CASILAO,
and Kabataan Partylist Rep. SARAH JANE |, ELAGO-

ees

AN ACTPROMOTING THE ENVIRONMENTALLY SOUND MANAGEMENT OF E-WASTEIN THE
PHILIPPINES, AND FOR OTHER PURPOSES:

CHAPTER |
DECLARATION OF POLICIES

Section 1. Short title. This Act may be cited as the E-WASTE MANAGEMENT ACT.

‘Section 2. Declaration of Policies. It is enshrined in the Philippine Constitution that the State shall protect and
‘advance the right of the people to @ balanced and healthul ecology In accord with the rhythm and harmony of
nature, The State therefore adheres to the policy of protecting the environment from further destruction as a vital
‘component to the promotion of the wellbeing of the Filipino people. An environmentally sound management of
waste is necessary in pursuance of this policy. The management of e-waste, a special ype of waste, shall
‘hewise be guided by this policy.

‘The State shall take an active role in ensuring that e-waste management is accomplished in an environmentally
‘sound manner that adheres to the following principles and agreements in which the country is @ signatory and
has committed compliance:

‘a. the Basel Convention, which controls the transboundary movement and disposal of hazardous wastes;
‘the principle of ‘extended producer's responsibilty’, which places the bulk of the responsibilty in €-
‘waste management on producers andlor distributors,


c the Basel Ban Amendment, which prohibits the transboundary movement of hazardous waste from
developed to developing counties.

CHAPTER II
‘SCOPE AND GENERAL PRINCIPLES

Section 3. Scope. This Act shall cover the management, disposal, recycling, and transboundary movement of e-
waste units and all components which are part of the product at the time of recycling, including materials
considered as hazardous to the environment or to human health.

Section 4. General Principles. The proper management of e-waste has become a necessity in the modem
‘world due to rapidly developing technology and increasing levels of production and consumption. The special
characteristic of e-waste as a composite of distinct materials, which can simultaneously be valuable and/or
harmful, complicates the appropriate methods for its disposal and recycabilty.

CHAPTER Ill
DEFINITION OF TERMS

Section 5. Definition of Terms. For the purposes of this Act, the following terms shall mean:

‘a. ‘Collector’ refers to any person, natural or juridical, who gathers e-waste from institutions and arranges
{or'ts delivery to @ recycler, and includes informal collectors who collect e-waste units from households;

b. ‘Consumer’ refers fo any person, natural or juridical, who use EEE for whatever purpose, especially
those institutions which are heavily dependent on EEE, such as computer shops, hotels. and others;

‘Collection Center” per LGU/pravincial levelProvincial Environment and Natural Resources Office
(PENRO); chartered cities shall have ts own collection centers

4. "Distbutor refers to any person, natural or juridical, who imports EEE from foreign producers and sells
itto local companies or persons;

fe. “E-waste" refers to old, end-olif, or discarded appliances that use electricity which have been
disposed of by their original users;

‘Electrical and electronic equipment” or “EEE* refers to equipment that is dependent on electronic or
electromagnetic currents in order to function propery, including equipment designed forthe generation,
transfer, storage, or measurement of such currents;

9. ‘Extended Producer's Responsibility” or “EPR* refers to the principle where producers andlor
distributors are expected to formulate a plan forthe treatment or disposal of post-consumer products,

h. ‘Producer’ refers to any person, natural or juridical, who manufactures EEE, and which operates locally,
Including those who sell fo local and foreign companies or persons; (or those who offer to sell imported
EE)


“Recycler” refers to any person, natural or juridical, who subjects e-waste to processes to extract raw
‘materials for beneficial use, and for other purposes, and includes recycling plants, junk shops, and other
‘small scale recyclers.

CHAPTER IV
RESPONSIBILITIES

Section 6. Responsibilities of the producers and distributors.Producers and distributors shall have the
following responsibilies:

a

Monitor or track their products including the volume of their sales, imports, storage and amount of the
Products they recycle

Develop 2 comprehensive e-waste management system which includes the plans for the collection,
recycling, andlor treatment of their end-of-life products subject to the approval of the Environmental
Management Board;

Maintain records of e-waste handled and make such records available to the public;

Engage in a service contract with a recycing company that wil be In charge in recycling the used and
discarded products they have manufactured or sold

Label their EEE products with information about the following —

{information on the toxic and hazardous substances contained in their products;

it information on the proper handling and disposal of the EEE; and

i means and mechanisms availabe fo ther consumers to return e-waste for recycling.

Section 7. Responsibilities of the National Government. The national government shall have the following
responsibilities:

Increase the existing taxes or levies on the production, sale andlor distribution of EEE. The taxes
collected from EEE production, sale and/or distribution shall be used to finance the e-waste
‘management program,

1. Monitor the compliance of the companies to their responsibilities under the e-waste management

rogram;
Direct the local goverment units (LGUs) to establish facilities for e-waste collection, treatment and

disposal,

|. Ban the import of end-of-life EEEs including those covered by the provisions of the treaties/international

agreements that may come in confct with tis bill once itis implemented; and

Provide conditions and incentives that will encourage EEE consumers to recycle e-waste especialy bulk
‘consumers oF those who require the use of EEEs in their small-scale business operations such as
laundry shops, computer shops, etc.


Section 8 Responsibilities of Local Government. The local goverment shall have the following
responsibilities:
The local goverment units shall be responsible for the management of e-waste in their respective
areas;
b. Launch awareness campaigns to educate consumers on the dangers of improper e-waste handling and
management;
c. Establish e-waste collection centers; and
‘Implement capacity-building programs for small-scale collectors and recyclers that will help their
business operations efficent and safer.

Section 9. Responsibilities of Recyclers Recyclers shall have the following responsibiliies:
a. Register in the Department of Environment and Natural Resources and comply to the standards the
lator shall set; and
Establish environmentally sound recycing faites.

‘Section 10. Responsibilities of Consumers. Consumers shal have the following responsibilities:
Ensure that their e-waste is channelled to the designated collection center in their area or to 8
registered recycler,

CHAPTER V
RECYCLER'S REGISTRATION PROGRAM

Section 11. Prohibition of importation of products that have reached ‘end-of-life’. The importation of
electrical and electronic products that have reached the ‘end-of-life’ is prohibited. The importers of such products
shall issue a certification that their goods have not yet reached the ‘end-o-if’ and such certification shall form
part of their importation documents to be submitted to the Bureau of Customs and the Department of Trade and

Industry.

CHAPTER VI

VIOLATIONS
‘Section 12. Prohibited Acts. The folowing acts and omissions shall be considered unlawful:
Cause, aid of facilitate, directly or indirectly, in the storage, importation or bringing into Philippine teritory,
‘including its mariime economic zones, even in transit, elther by means of land, air or sea transportation or
therwise keeping in storage any amount of hazardous and nuclear wastes in any part of the Philippines.

{In case any violation of this Act is committed by a partnership, corporation, association or any juridical person,
the partner, president, director or manager who shall consent to or shail knowingly tolerate such violation shall be
irectly liable and responsible for the act of the employees and shall be criminally liable as a co-principal.


‘The penalty of imprisonment of twelve (12) years and one day to twenty (20) years, shall be imposed upon any
person who shail violate section 13 (d) of this Act. f the offender is a foreigner, he or she shall be deported and
barred from any subsequent entry into the Philippines after serving his or her sentence.

CHAPTER VIL
PENALTIES AND FINES

Section 13, Administrative Fines. In all cases of violations ofthis Act, including violations of implementing rules
and regulations which have been duly promulgated and published in accordance with Section 12 of this Act, the
Secretary of the Department of Environment and Natural Resources is hereby authorized to impose a fine of not
Jess than Fifteen Thousand Pesos (P15,000) but not more than Seventy-five Thousand Pesos (P75,000) upon
‘any person found guilty therect. Ifthe violator is @ company with @ capital of above Five Hundred Thousand
Pesos (P500,000), the fine shall not be less than Seventy-five Thousand (P75,000) but not more than Three
Hundred Thousand Pesos (P300,000). The administrative fines imposed and collected by the Department of
Environment and Natural Resources shall accrue to @ special fund to be administered by the Department
exclusively for projects and research actviies related to Improving the control and management of toxic
substances and hazardous wastes.

Section 14.Appropriation. Such amount as may be necessary to implement the provisions ofthis Act is hereby
‘annually appropriated and included in the budget of the Department of Environment and Natural Resources.

Section 15:Separability Clause. If any provision of this Act is declared void or unconstitutional, the remaining
provisions thereof not affected thereby shall remain in ful force and effect

Section 16.Repealing Clause. All laws, presidential decrees, executive orders and issuances, and rules and
regulations which are inconsistent with this Act are hereby repealed or modified accordingly.

‘Section 17. Effectivity. This Act shall take effect after fifteen (15) days following its publication in the Official
Gazette or in any newspaper of general citculation