Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. ety

Introduced by Honorable ABRAHAM “BAMBOL” N. TOLENTINO

EXPLANATORY NOTE

The emergence of new technologies in various aspects of human life has given
us a glimpse of what the world can be like in the future. However, this also means that
there are gadgets and other electronic equipment being produced and then disposed
without the intent of using or reusing them. The improper disposal and waste
management of these gadgets and other electronic equipment, collectively called e-
waste, is one of the major factors of environmental degradation in the Philippines.

E-waste contains various chemicals and heavy metals which are hazardous to
human health and the environment when not properly disposed or handled. This
requires e-waste to be processed separately and handled in a particular manner.
Despite this, a formal and comprehensive e-waste management system is still lacking in
the country as most e-waste is being handled by the informal sector which include
waste pickers, junkshop operators, and scavengers.

According to a report released in December 2017 by the International
Telecommunication Union, the United Nations University and the International Solid
Waste Association, each Filipino produces two to five kilos of e-waste that are not being
segregated and recycled.


The Constitution, Article 2, Section 16, provides that “The State shall protect and
advance the right of the people to a balanced and healthful ecology in accord with the
rhythm and harmony of nature.”

To affirm this constitutional mandate, this bill seeks to prohibit the disposal of e-
waste in solid waste management facilities and to require the recycling and reusing of

appliances, gadgets, electronic equipment and the like.

In view of the foregoing, the passage of this bill is earnestly sought.

QU


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3179
HOUSE BILL NO, —

Introduced by Honorable ABRAHAM N. TOLENTINO

AN ACT REGULATING THE DISPOSAL OF ELECTRONIC EQUIPMENT AT
‘SOLID WASTE MANAGEMENT FACILITIES AND REQUIRING THE
ESTABLISHMENT OF RECOVERY AND COLLECTION FACILITIES THEREFOR

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

Section 1. Short Title. — This Act shall be known as the “E-Waste
Management Act.”

Sec. 2. Policy. — It is the policy of the state to protect the environment from
the hazards of the improper disposal of obsolete electronic equipment, encourage
the responsible manufacturing and sale thereof, and assist consumers in the
recycling and disposal of their electronic waste.

Sec. 3. Definition of Terms. — As used in this Act, the term -

(A) Brand - refers to the name, symbol, logo, trademark, or other
information that identifies a product rather than the components of the
product;

(B) Consumer - refers to an individual who uses an electronic equipment
that is primarily for personal or home business use;

(C) Department - refers to the Department of Environment and Natural
Resources;


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(D) Electronic Equipment — refers to desktop or laptop computer, computer
monitor, portable computer, cathode ray tube, flat panel-based
television, tablet, or cellular phone.

(E) Manufacturer — refers to a person who —

a.

Manufactures or manufactured electronic equipment under a
brand that:
i. The person owns or owned; or
li, The person is or was licensed to use, other than under a
license to manufacture electronic equipment for delivery
exclusively to or at the order of the licensor;

). Sells or sold electronic equipment manufactured by others under

a brand that;
i, The person owns or owned; or

|. The person is or was licensed to use, other than under a
license to manufacture electronic equipment for delivery
exclusively to or at the order of the licensor;

. Manufactures or manufactured electronic equipment without

affixing a brand;

|. Manufactures or manufactured electronic equipment to which

the person affixes or affixed a brand that:
i, The person does not or has not owned; or
ji. The person is not or was not licensed to use; or

Imports or imported electronic equipment manufactured outside

the Philippines into the Philippines unless at the time of
importation the company or licensee that sells or sold the
electronic equipment to the importer has or had assets or a
presence in the Philippines sufficient to be considered as the
manufacturer;

(F) Television — refers to any telecommunication system device that can

receive moving pictures and sound broadcast over a distance and
includes a television tuner or a display device peripheral to a computer
in which the display device contains a television tuner.


Sec. 4. Exceptions. — This Act shall not apply to -

(A)Televisions as defined in Section 3, any major part of a moving vehicle,
or telephones;

(B)A consumer's lease of electronic equipment or a consumer's use of
electronic equipment under a lease agreement; or

(©)The sale or lease of electronic equipment to an entity when the
manufacturer and the entity enter into a contract that effectively
addresses the collection, recycling, and reuse of electronic equipment
that has reached the end of its useful life.

Sec. 5. Requirements. —

(A)Before a manufacturer, as defined in Section 3, may offer electronic
equipment for sale, the manufacturer shall -

a. Adopt and implement a recovery plan;

b. Submit a written copy of the recovery plan to the department;
and

c. Affix a permanent, readily visible label to the electronic
equipment with the manufacturer's brand.

(B)The recovery plan shall enable a consumer to recycle electronic
equipment without paying a separate fee at the time of recycling and
shall include provisions for:

a. The manufacturer's collection from a consumer of any electronic
equipment that has reached the end of its useful life and is
labeled with the manufacturer's brand; and

b. Recycling or reuse of electronic equipment collected under the
recovery plan of this subsection.

(C)The collection of electronic equipment provided under the recovery
plan shall be:

a. Reasonably convenient and available to consumers; and

b. Designed to meet the collection needs of consumers.

Sec. 6. Standard Collection Methods. — The collection methods shall include a

system:


(A) By which the manufacturer or the manufacturer's designee offers the
consumer the option for returning electronic equipment by mail at no
charge to the consumer;

(B)Using a physical collection site that the manufacturer or the
manufacturer's designee keeps open and staffed and to which the
consumer may return electronic equipment; and/or

(©)Using a collection event held by the manufacturer or the
manufacturer's designee at which the consumer may return electronic
equipment.

Collection services under this Act may use existing collection and
consolidation infrastructure for handling electronic equipment and may include
systems jointly managed by a group of manufacturers, electronic recyclers and
repair shops, recyclers of other commodities, reuse organizations, non-profit
corporations, retailers, recyclers, and other suitable operations. If a manufacturer or
its designee offers a mail-back system as described here, either individually or by
working together with a group of manufacturers or by working with others, it shall
be deemed to meet the convenience requirements of this section.

Sec. 7. Information Requirement. — The recovery plan shall include
information for the consumer on how and where to return the manufacturer's
electronic equipment. The manufacturer:

(A)Shall include collection, recycling, and reuse information on the
manufacturer's publicly available Internet site;

(B)Shall provide collection, recycling, and reuse information to the
Department; and

(©)Shall include collection, recycling, and reuse information in the
packaging for or in other materials that accompany the manufacturer’s
electronic equipment when the equipment is sold.

Sec. 8. Reporting Requirement. — Each manufacturer shall submit a report to
the Department not later than January thirty-first of each year that includes:

(A)The weight of electronic equipment collected, recycled, and reused
during the preceding calendar year; and


(B)Documentation certifying that the collection, recycling, and reuse of
electronic equipment during the preceding calendar year were
conducted in conformity with sound environmental management.

Sec. 9. Compliance by More Than One Manufacturer. — If more than one
person is the manufacturer of a certain brand of electronic equipment, any of those
persons may assume responsibility for and satisfy the obligations of a manufacturer
for that brand. If none of those persons assume responsibility or satisfies the
obligations of a manufacturer, the Department may consider any of those persons to
be the responsible manufacturer for purposes of this Act.

Sec. 10. Other Prohibitions. —

(A)A person who is a retailer of electronic equipment shall not sell or offer
to sell new electronic equipment unless the equipment is labeled with
the manufacturer's label and the manufacturer is included on the
Department's list of manufacturers that have recovery plans. The
Department shall keep a database in its Internet site of the
manufacturers that are on its list of manufacturers with recovery plans;

(B)No person shall knowingly dispose of any electronic equipment in
mixed solid waste; and

(C)No Solid Waste Management Facility shall knowingly accept for
disposal or incineration of any electronic equipment, or any truckload
or container of solid waste which includes electronic equipment.

Sec. 11. Penalties. — The Department shall assess a penalty against a
manufacturer that does not comply with the requirements set forth in Sections 5 to
9 of this Act. No penalty shall be assessed for a first violation. The penalty shall not
be less than one hundred thousand pesos (Php100,000.00) but not more than one
million pesos (Php1,000,000.00) for the second and each subsequent violation.

Any violation of Section 10(A) shall be punished with a fine of fifty thousand
pesos (Php50,000.00). Any violation of Section 10(B) of this Act shall be punished
with a fine of twenty thousand pesos (Php20,000.00) or imprisonment of not less
than one month but not more than three months. Any violation of Section 10(C) of
this Act shall be punished with a fine of fifty thousand pesos (Php30,000.00) and
revocation of the license of the Solid Waste Management Facility.


Public officers responsible for any of the abovementioned violations
shall be personally liable for the imposable fine.

Sec. 12. E-Waste Recycling Fund. — Any penalty collected under the
preceding section shall be credited to the “E-Waste Recycling Fund,” which is hereby
created, and the money collected from this fund shall be used for the purpose of
funding the administrative requirements of this Act. Any amount remaining at the
end of every two years shall revert to the National Treasury.

Sec. 13. Auditing and Inspection Powers. — The Department is empowered to
conduct audits and inspections to determine compliance with this Act.

Sec 14. Recycling of Collected Equipment. — All electronic equipment
collected under this Act shall be recycled or reused in a manner that complies with
the standards to be set by the Secretary of Environment and Natural Resources
provided that its cost is reasonable and environmentally sound.

The Department shall conduct research and make use of the best available
technology in the disposal of electronic equipment consistent with the principles in
‘the Ecological Solid Waste Management Act.

Sec. 15. Role of the Local Government Units. — Cities and Municipalities, in
coordination with the Department and the manufacturers, consistent with the
principles in the Ecological Solid Waste Management Act, shall assist in the collection
and disposal or recycling of electronic equipment through their respective solid and
special waste management programs.

Sec. 16. Implementing Rules and Regulations. — The Secretary shall
promulgate the rules and regulations to implement this Act within ninety (90) days
from the effectively of this Act.

Sec. 17. Separability Cause. —If any provision or part thereof is held invalid
‘or unconstitutional, the remainder of the law or the provision not otherwise affected
shall remain valid and subsisting.

Sec. 18. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.


1 Sec. 19. Effectivity Clause. — This Act shall take effect fifteen (15) days after
2 _ its publication in at least two (2) newspapers of general circulation.
Approved,