Extended Producer Responsibility (EPR) for Plastics and Packaging

Obligated Producers

The regulation is imposed on producers, which are identified as business entities that produce, import, or sell products made of and products packaged using materials that are difficult or non-biodegradable. The sectors and sub-sectors of obligated producers are further specified into the following:

Manufacturing

Food and beverage industry, other consumer goods industry, cosmetics and personal care industry

Food and beverage services

Diners, cafes, restaurants, catering services, hotels

Retail

Shopping centers, modern stores, traditional markets

Packaging Items Covered

Obligated producers are required to reduce waste of packaging and products made from plastics, aluminum cans, glass, and paper, which are non-biodegradable, non-recyclable, and/or non-reusable. The list of packaging items covered under the regulation is detailed in the Table 2 below. 

Mechanism of Implementation

The Waste Reduction Roadmap is scheduled for implementation from 2020 to 2029, during which producers are required to undertake the steps outlined below.

1. Planning

   Submitting a strategic plan for waste reduction, which comprises information on the baseline of current waste generation, targets and timeline for waste reduction, targeted products, and measures taken to implement waste reduction. 

2. Implementation

   Achieving waste reduction targets through activities stated in the submitted strategic plan.

3. Monitoring

   Monitoring the type and number of products and packaging produced and/or used and reduced as well as the measures implemented to achieve it. The monitoring shall be conducted on a bi-annual basis at the very least.

4. Evaluation

   Comparing between waste reduction targets and achievements during the period and identifying challenges in the implementation.

5. Reporting

   Submitting a report on, among others, the type and number of raw materials reduced, biodegradable packaging produced, and reusable and/or recyclable raw materials used, as well as evaluation on the implementation of waste reduction plan.

In summary, producers must submit two (2) types of documents: a strategic plan for waste reduction, and annual implementation reports.

Measures taken by producers in reducing waste align with the 3R (reduce, reuse, recycle) approach as mandated by Article 6 of the regulation:

The implementation of waste recycling and reuse must be complemented by take-back or collection schemes, along with the provision of storage facilities. These facilities may take the form of cooperations with waste banks, Waste Processing Sites - Reduce, Reuse, Recycle also known as “Tempat Pengolahan Sampah Reduce, Reuse, Recycle” (TPS3R), or recycling centres. In addition to this, waste recycling and reuse can only be regarded as successful when producers collect their own product packaging. 

The regulation mentions that producers may assign a third party to conduct these activities in Article 16 but provides no explanation on the institutionalization of a Producer Responsibility Organization (PRO).

Implementation Timeline

In executing the roadmap, producers are expected to develop the plan for waste reduction during the period of 2020 to 2022, followed by the cyclical process of implementation, monitoring, evaluation, and reporting from 2023 to 2029.

Targets

Through this regulation, it is targeted that producers reduce the waste generated from their own products by 30 percent by 2029. The target amount of waste to be reduced is calculated based on the baseline amount of waste generated as stated in the plan. By the end of 2029, numerous single-use plastic items are set to be phased out, including Styrofoam for food packaging, plastic cutlery, plastic straws, plastic shopping bags, and small-sized packaging.

Incentives and Penalties

In order to incite greater participation from producers, the law delineates incentives and awards. On the other hand, producers may also receive public scrutiny for failure in abiding by the regulation.

Roles and Responsibilities