Did You Know?

WHO MUST PAY EPR FEES?

eWASA Answers Questions on everything EPR – the new Regulations on Waste Management. Your trusted and authoritative source of information on everything EPR

In the Did You Know series, eWASA, experts in EPR and Waste management - demystify EPR and address the usual and pertinent questions on EPR. The object of these write ups is to educate and lead discussions on EPR for all stakeholders so that everyone is aligned an onboard with the spirit and letter of EPR Regulations.

In our inaugural article we answered the question: What is EPR in the broad definition of Waste Management, and what is its significance?

In this second series we delve a little deeper into EPR and start unpacking key definitions and themes. We now examine the question of who is impacted by EPR Regulations and liable to pay EPR Fees / Levy?

WHO IS IMPACTED BY EPR REGULATIONS AND LIABLE TO PAY EPR FEES / LEVY?

EPR plays a critical role in minimising waste, ensuring sustainable waste management and

supporting South Africa’s transition to a circular economy. Circularity, Recycling, and job creation are cornerstones of EPR Regulations.

The intention behind EPR is unambiguous – in fact it’s clear and unequivocal - and it is to ensure that producers take responsibility for the life cycle of the products they put into the market, right through to post-consumer waste disposal. Producers can do this, in their own right, by establishing a EPR Scheme plan or by joining an existing Producer Responsibility Organisation (PRO) EPR Scheme Plan and paying applicable EPR Fees / Levy.

To answer this question, it is vitally important to understand again what EPR is and by extension who the producers are in this context. Extended producer responsibility Regulations (EPR) is a law that extends producers’ responsibility for their products and packaging across the entire life cycle of their products, with a particular focus on the end-of-life stage – also known as the post-consumer stage. Essentially then, the producers as defined in the regulations, are responsible for the identified products that they put out into the South African market and must make provisions for adhering to EPR Regulations.

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So, we have established that producers are responsible for the products that they put out into the South African market and must pay EPR fees as per the EPR Regulations. So, then who are producers as per EPR Regulations? The EPR Regulations se out clearly who is a producer for purposes on the regulations.

?The Producer Definition in South African EPR Regulations

?In the EPR Regulations of 5 November 2021, ?a Producer" means any person or category of persons, including a brand owner, who is engaged in the commercial manufacture, conversion, refurbishment (where applicable) or import of new and / or used identified products as identified by the Minister by Notice in the Government Gazette in terms of section 18(1) of the Act, and a producer includes, where relevant, the same as defined in the specific section 18 Notice for each of the identified products as gazetted by the Minister in terms of section 18(1) and .(2) of the Act. The Act is the National Environmental Management Waste Act - commonly referred to as to “NEMWA”.

?As you can see, a Producer as defined in the regulations, has a wide-ranging definition that includes a brand owner, an importer of new or used products as per the regulations. This producer is not only a manufacturer, but may be a converter, or one who refurbishes of any of the identified products. Any producer of identified products who meets the criteria described is impacted by the EPR Regulations and must accordingly register with the Department of Forestry Fisheries and Environment as such and establish an EPR Scheme or join an existing PRO EPR scheme for their products. The EPR Regulations stipulates four (4) categories or sectors for waste namely, paper and packaging, lighting, Electrical and Electronic Equipment (also known as e-waste or WEEE) and portable batteries.

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Examples of Producers (Brand Owners, Importers, those who Refurbish identified Products)

There are numerous examples of producers as defined in the regulations. On a broad and general level all manufacturers of identified products are by default producers and are liable to pay EPR Fees. These manufacturers make household electrical and electronic goods, lighting products, packaging materials, and batteries. Many companies fall under this category and include vehicle manufacturers, mobile telephony (cell phone) companies, companies who make medical equipment , instrumentation devices and so much more. Further any company that imports these products into the South African market is included. Importers may import the product and sell into the South African market in its original form or modify or refurbish such products – and they are deemed producers as per the EPR Regulations. Brand owners may not necessarily be the manufacturers or OEM’s but own the brand , and the regulations still stipulate that they are producers under the regulations.

Another category worthy of note is that of retailers. Retailers of identified products may be the producers when they import the identified products or retail their own products or instore / home brands. Then they are exporters who are not based in South Africa who bring identified products for sale into the South African Market – they are also under the ambit of the regulations. Lastly, all resellers or distributors of identified products are classified as producers under the regulation. The determination of who pays the EPR fees or levy is a subject of future articles.

?The principle of EPR Regulations is clear – and it is that producers who put identified products into the South African market are by law required to have plans and measures in place to take responsibility for these products – and this responsibility includes making plans that the products are recycled, refurbished, or repurposed and not improperly disposed of in landfills. EPR drives a circular economy and encumbers producers to design for recyclability and adopt cleaner production measures.

So yes, it is the producers are impacted by the EPR Regulations and must pay the EPR Fees / levy.

Would you like to learn more?

Contact us directly eWASA (EPR Waste Association of South Africa) Dumisani Siziba Malcolm Whitehouse Adri Spangenberg Lene Ecroignard Linka Geustyn - Director