Draft Regulation on Extended Producer Responsibility (EPR) in Kenya: An Overview

In Kenya, a new draft regulation on Extended Producer Responsibility (EPR) has been circulating among essential stakeholders since the end of 2022 to address several products' environmental and health impacts and their packaging. This regulation aims to extend producers' responsibility throughout their products' life cycle, promote sustainable waste management, and operationalize the polluter pays principle. Everyone consulted expects the Government to publish this norm in June 2023.?

The draft regulation outlines the purpose of these regulations, which includes optimizing the life cycle management of products, enhancing resource mobilization for waste management, and promoting a collaborative approach. It also specifies that the regulation applies to producers, individual EPR compliance schemes, and producer responsibility organizations. Furthermore, it defines the products that will be covered, considering their adverse environmental and health impacts.

Producers (manufacturers, importers, donors) that introduce certain products and their packaging into the Kenyan market must bear extended producer responsibility obligations to reduce pollution and environmental impacts. They must establish post-consumer collection schemes, join compliance schemes, register with the Authority, and design products that facilitate reuse, recycling, and recovery. Producers are also responsible for the financial, organizational, and physical management of post-consumer products and end-of-life waste. They must provide information on quantities, recyclability, and market traceability, as well as raise awareness and support circular economy initiatives.

Producer Responsibility Organizations (PROs) play a crucial role in implementing EPR. The draft regulation specifies the establishment of PROs per product category listed in the First Schedule. PROs must establish appropriate mechanisms for managing each product category and apply for registration and annual operating licenses. They are responsible for executing EPR obligations, coordinating collection and disposal schemes, and establishing stakeholder agreements. The Authority will issue certificates of registration and permits upon compliance.

Members of collective EPR compliance schemes, or PROs, contribute registration fees, annual subscription fees, and EPR fees. These fees vary based on product quantities, recyclability, and market availability for secondary raw materials. PRO's budgets must fund post-consumer product management, awareness campaigns, capacity building, research and development, and establishing eco-design standards. Members must maintain updated records and submit annual reports to the Authority.

The draft regulation provides an appeals process for individuals aggrieved by decisions of the Authority. It also outlines penalties and offenses, including failure to fulfill EPR obligations, providing false information, and placing products on the market without registration. Offenders may face fines, imprisonment, or waste management costs. The Authority monitors and audits PROs recommends national objectives, and collaborates with county governments.

The First Schedule of the draft regulation lists the products and packaging subject to EPR systems. It includes non-hazardous and hazardous product packaging, electrical and electronic equipment, end-of-life vehicles, and various non-packaging items such as furniture, rubber, textiles, and diapers.

The draft regulation on EPR in Kenya presents a comprehensive framework to hold producers accountable for the entire life cycle of their products. It emphasizes the importance of sustainable waste management, resource mobilization, and collaborative efforts. By implementing these regulations, Kenya aims to address environmental challenges, promote recycling and recovery, and create a more sustainable future.

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