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Republic of the Philippines s DATE:FEB 15 B18 ach
HOUSE OF REPRESENTATIVES % TIME:_3209"
Quezon City a
EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. _8 _8691

BY REPRESENTATIVE CAMILLE A. VILLAR

AN ACT
INSTITUTIONALIZING THE PRACTICE OF EXTENDED PRODUCERS RESPONSIBILITY IN
WASTE MANAGEMENT, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9003 OR THE
ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

EXPLANATORY NOTE

The Philippines is among the 18 mega-biodiverse countries in the world, containing two-thirds of
the earth's biodiversity and between 70% and 80% of the world’s plant and animal species. It ranks
fifth in the number of plant species and maintains 5% of the world’s flora. Species endemism is
very high, covering at least 25 genera of plants and 49% of terrestrial wildlife, while the country
ranks fourth in bird endemism and considered to host the most number of marine species in the
world. It is also one of the world’s biodiversity hotspots with at least 700 threatened species, thus
making it one of the top global conservation areas.’

The environment occupies pride of place in the fundamental law of the land and enjoins Filipino
citizens to care for our nature. Section 16, Article Il, of the 1987 Philippine Constitution instituted
the following landmark provision on environmental preservation and protection: “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.”

Subsequently, Philippine laws were passed to ensure that this constitutional precept is fully
respected and truly honored: among them Republic Act No. 9003 or the Ecological Solid Waste
Management Act of 2000, RA 9275 or the Clean Water Act of 2004 and RA 8749 or the Clean Air
Act of 1999.

The Philippine Supreme Court is also a staunch ally of the environment when it issued “writ of
kalikasan’ and took to action government agencies to clean up the deteriorating Manila Bay. In its
landmark decision, the High Court defined the phrase “in accord with the rhyme and rhythm of
nature’ (of Section 16) as the ‘judicious disposition, utilization, management, renewal and
conservation of the country’s forests, minerals, land, waters, fisheries, wildlife, offshore areas and
other natural resources to the end that their exploitation, development and utilization be equitably
accessible to the present as well as future generations.”

* Convention on Biological Diversity. www.cbd.int.


However, lack of enforcement hinders the realization of the objectives of the fundamental law and
several legal issuances. Solid waste management continues to be a problem in the country.

Plastic waste also makes up a significant share of the overall generated waste in the Philippines. In
fact, what is utterly shocking is that the Philippines is the third biggest polluter next to China and
Indonesia. It produces 2.7 million metric tons of plastic waste each year,’ Worse, plastic waste is
highly like to aggravate pollution and worsen flooding in communities.

According to the World Wildlife Fund, Filipinos consume a yearly average of 20 kilograms of
plastics and about 15 kilos of which becomes waste. Insufficient recycling capacities for high value
recyclables (i.e. PET, PP, HDPE) and the high volume of low value plastics (including sachets) are
factors that affect the country's low plastic recyoling rate, at only 9%. The report further estimates
that the Philippines leaks about 35% of plastic wastes into the environment

Environment group Global Alliance for Incinerator Alternatives revealed in its report that one of the
biggest contributors to the growing plastic problem is the proliferation of single-use plastics such as
sachets as they are perceived to be inexpensive but very difficult to recycle and manage.‘ Every
day, almost 48 million shopping bags are used throughout the Philippines, to an aggregate 17
billion per year. Separately, around 16.5 billion of smaller and thinner transparent plastic bags,
known as “labo” bags, are used per year.’

The recycling rate of post-consumption plastic packaging among Filipinos is also relatively low.*
There was also a surge in plastic use during the pandemic.

To address plastic pollution, global initiatives had been launched to address growing problems in
waste pollution such as the Extended Producer Responsibility (EPR) which aims to require
producers of products to manage the impacts of their products throughout their entire life cycle,
including take-back, recycling and proper disposal. The EPR concept shifts the responsibility to
importers and brand owners for the environmental impacts of their plastic products and packaging,
which will effectively tackle the plastic problem,

This bill mandates producers to adopt mechanisms for the proper management of wastes
generated from their discarded containers and packaging materials. Incentives also await firms that
adopt EPR strategies that have to be submitted to the National Solid Waste Management
Commission.

Through this measure, we intend to advance awareness on EPR programs although some private
organizations and business entities have already adopted such mechanisms in some areas. Also,
we are hopeful that Filipinos will pool their used plastic and packaging materials and lear to
increase the recycling rate, reuse, or dispose of them at the cost of the manufacturers.

This proposal also helps local governments that pay hefty amounts annually for solid waste
disposal, and such funds could be used for more social programs.

As such, approval of this measure is earnestly sought.

* Fernandez, H. ‘Why plastic-clogged Philippines must face up to dearth of waste disposal and recycling.” Eco-Business,
410 June 2020. hitps:/Mmww.eco-business.com/news/why-plastic-clogged-philippines-must face-up-to-dearth-of-waste-
disposal-and-

recyclinglt~text=After%20China%20and%20Indonesia%2C%20the, plastic%20waste%20generated%20each%20year
* WWF. October 2020. "EPR Scheme Assessment for Plastic Packaging Waste in the Philippines.” https:/wwf.org.phiwp-
content/uploads/2020/12\WWF_REPORT_EPR. Philippines_2020.pdf

* Global Alliance for incinerator Alternatives "Sachets fuel plastic waste crisis in the Philippines.” 14 July 2020. www.no-
bum.org/sachets-fuel-plastic-waste-crisisin-the-philippines/

Philippines survey shows ‘shocking’ plastic waste,” 8 March 2019. phys.orginews/2019-03-philippines-survey-
plastic.htm!

* iid.


ter
CAMILLE A, VILLAR


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS,

Second Regular Session

House Bill No, 8691

BY REPRESENTATIVE CAMILLE A. VILLAR

AN ACT
INSTITUTIONALIZING THE PRACTICE OF EXTENDED PRODUCERS RESPONSIBILITY IN
WASTE MANAGEMENT, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9003 OR
THE ECOLOGICAL SOLID WASTE MANAGEMENT ACT OF 2000

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

SECTION 1. Title. —This Act shall be known as the “Extended Producers Responsibility
Act of 2021”.

SECTION 2. — A new subsection (n) under Section 3 of Republic Act No. 9003 is hereby
inserted after subsection (m) to read as follows:

“SECTION 3. Definition of Terms. — For purposes of this Act:
-XXX-

(N) EXTENDED PRODUCER RESPONSIBILITY (EPR) SHALL REFER TO
EITHER THE ENVIRONMENTAL POLICY OR PRACTICE IN WHICH
PRODUCERS, IN COORDINATION WITH DISTRIBUTORS AND RETAILERS,
HAVE THE RESPONSIBILITY FOR THE PROPER AND EFFECTIVE DISPOSAL
OF THEIR PRODUCTS AFTER THEY HAVE BEEN SOLD TO AND USED BY
CONSUMERS WITH THE OBJECTIVES OF REDUCING WASTE GENERATION
AND OF IMPROVING RECYCLABILITY OR REUSABILITY OF WASTES, WHICH
INCLUDE PLASTIC CONTAINERS OR PACKAGING MATERIALS.”

Thereafter, the succeeding subsections after this new subsection (m) shall be rearranged
in sequence accordingly.

SECTION 3. — A new section, Section 14, is hereby inserted after Section 13, under


Chapter II, of Republic Act No. 9003, to read as follows:

“SECTION 14, EXTENDED PRODUCERS RESPONSIBILITY. — ALL PRODUCERS, IN
COORDINATION WITH DISTRIBUTORS AND RETAILERS, SHALL ADOPT
MECHANISMS AND STRATEGIES FOR THE EFFECTIVE AND PROPER
MANAGEMENT OF THE WASTES, SUCH AS DISCARDED CONTAINERS AND
PACKAGING MATERIALS, GENERATED FROM THE USE OR CONSUMPTION OF
THE PRODUCTS THEY PRODUCED, DISTRIBUTED, RETAILED OR SOLD, AS THE
CASE MAY BE. PRODUCERS, DISTRIBUTORS AND RETAILERS PERFORMING
THEIR RESPECTIVE EPR, AS DETERMINED BY THE DEPARTMENT, SHALL BE
ELIGIBLE TO INCENTIVES; PROVIDED THAT THEIR MECHANISMS AND
STRATEGIES ARE SUBMITTED TO THE NATIONAL SOLID WASTE MANAGEMENT
COMMISSION, AS WELL AS THE CONCERNED PROVINCIAL SOLID WASTE
MANAGEMENT BOARD AND/OR CITY OR MUNICIPAL SOLID WASTE
MANAGEMENT BOARD, WHICH SHALL INCLUDE EPR INCENTIVES IN THEIR
RESPECTIVE SOLID WASTE MANAGEMENT PLANS IN A MANNER CONSISTENT
WITH THE PROVISIONS OF THIS ACT.

DEPENDING ON THE RELEVANCE AND APPLICABILITY TO THE BUSINESS THEY
ARE ENGAGED IN, PRODUCERS, IN COORDINATION WITH DISTRIBUTORS AND
RETAILERS, SHALL INCLUDE THE FOLLOWING ACTIVITIES AND UNDERTAKINGS
IN THEIR MECHANISMS AND STRATEGIES, AMONG OTHERS:

(1) PROGRAMS FOR THE REDESIGN OR ADOPTION OF PACKAGING TO IMPROVE
RECYCLABILITY OR REUSABILITY OF PLASTIC CONTAINERS AND
OTHER PACKAGING MATERIALS OF THEIR PRODUCTS;

(2) PROGRAMS FOR THE WITHDRAWAL OR PHASE OUT OF NON-RECYCLABLE
PRODUCTS AND PACKAGING MATERIALS AND TO REPLACE THEM WITH
EXISTING ALTERNATIVES THAT ARE ENVIRONMENTALLY SOUNDAND
ECONOMICALLY VIABLE;

(3) PROGRAMS FOR THE ADOPTION OF ALTERNATIVE DELIVERY SYSTEMS
THAT WILL ALLOW CUSTOMERS TO PURCHASE THEIR PRODUCTS WITH THE
USE OF REFILLABLE CONTAINERS OR MULTI-USE PACKS;

(4) PROGRAMSINVOLVING THE EFFICIENT RETRIEVAL OF RECYCLABLE OR
REUSABLE PLASTIC CONTAINERS AND PACKAGING MATERIALS OF THEIR
PRODUCTS AND THE DESIGNATION OR ESTABLISHMENT OF COLLECTION
AND/OR RECYCLING FACILITIES;

(5) PROGRAMS, IN COLLABORATION WITH LGUS, COMMUNITIES AND THE
INFORMAL SECTORS IN WASTE MANAGEMENT, INVOLVING THE PROPER
AND EFFECTIVE SOLID WASTE MANAGEMENT, INCLUDING THE PROPER
SEGREGATION, RETRIEVAL, BUY BACK AND DISPOSAL OF PLASTIC
CONTAINERS AND PACKAGING MATERIALS;

(6) CAMPAIGNS TO ENCOURAGE CONSUMERS TO AVOID USING SINGLE-USE
PLASTICS AND TO VOLUNTEERING BRINGING USED PLASTIC CONTAINERS


AND PACKAGING MATERIALS TO IDENTIFIED COLLECTION AND RECYCLING
FACILITIES OR MATERIALS RECOVERY FACILITIES; AND

(7) PROPER LABELING OR INCLUSION OF INFORMATION IN THE PACKAGING OF
PRODUCTS REGARDING PROPER DISPOSAL OF THE CONTAINERS AND
PACKAGING MATERIALS AND IDENTIFICATION OF COLLECTION AND
RECYCLING FACILITIES, OR MATERIALS RECOVERY FACILITIES.

MANUFACTURERS, IN COORDINATION WITH DISTRIBUTORS AND RETAILERS,
MAY ORGANIZE THEMSELVES OR FORM ASSOCIATIONS AND/OR ALLIANCES
IN ORDER TO STREAMLINE THE OPERATION OF THE FOREGOING EPR
MECHANISMS AND STRATEGIES. FURTHER, MANUFACTURERS,
DISTRIBUTORS AND RETAILERS ARE ENCOURAGED TO DEVELOP EPR
SYSTEMS THAT WILL INTEGRATE AND PROVIDE TRAINING TO THE
INFORMAL SECTORS IN WASTE MANAGEMENT.

SECTION 4. — The succeeding sections after the newly inserted Section 14 are hereby
renumbered accordingly.

SECTION 5. Appropriations. — The sum necessary for the effective implementation of
this Act shall be charged against the budget of the Department of Environment and Natural
Resources under the annual General Appropriations Act. Thereafter, such amount, as may be
necessary for the continued operation of the centers, shall be included in the General
Appropriations Act.

SECTION 6. Implementing Rules and Regulations. — The Department of Environment
and Natural Resources (DENR), in consultation with relevant government agencies and other
stakeholders, shall formulate the rules and regulations necessary to implement the provisions of
this Act within six (6) months from its effectivity.

SECTION 7. Separability Clause. — If any portion or provision of this Act is declared
Unconstitutional or invalid, the remainder of this Act or any provisions hereof not affected thereby
shall continue to be in force and effect.

SECTION 8. Repealing Clause. — Any law, presidential decree or issuance, executive
order, letter of instruction, rule or regulation inconsistent or contrary to the provisions of this Act,
is hereby repealed or modified accordingly.

SECTION 9. Effectivity. — This Act shall take effect after fifteen (15) days following its
complete publication in the Official Gazette or a newspaper of general circulation,

Approved,