DENR EPR Law Compliance Updates April 2024

DENR EPR Law Compliance Updates April 2024

1. Updates on EPR Implementation
#LOOPFORWARD

2. Registration Status
and
Online EPR
Registry and Portal

3. Obliged enterprises (OEs)
Collectives (9)
Producer Responsibility Organizations (8 PROs)
refer to product producers that are required to implement an EPR program under this Act
establishes & implements an EPR program for and only among its members exclusively
establishes a common platform for EPR programs for its members, but open to affiliates or public
133
60
682
Total as of February 21, 2024875
Status of Implementation
SUBMISSION OF EPR PROGRAMS
MILESTONES

4. OE Universe Determination
•Ist level of filtering
✓Use of Philippine Statistics Authority (PSA) Data
✓Filter out non-plastic producing industries (e.g. banking and finance,
services, mining and quarrying, real estate and others)
•2
nd
level of filtering
✓Use of Securities and Exchange Commission (SEC) Data
✓From the filtered data from PSA, data reflecting assets from the SEC
will be used

5. PSA Data Filtering
•Total number of large enterprises - 4,541 (PSA 2022)
•Total number of sectors - 21
•Sectors eliminated (14):
•Mining and Quarrying •Public Administration And Defense;
Compulsory Social Security
•Water Supply; Sewerage, Waste Management
And Remediation Activities
•Education
•Construction •Human Health And Social Work Activities
•Financial And Insurance Activities •Arts, Entertainment And Recreation
•Real Estate Activities •Other Service Activities
•Professional, Scientific And Technical Activities•Activities Of Households As Employers;
Undifferentiated Goods-and Services-producing
Activities Of Households For Own Use
•Administrative And Support Service Activities•Activities Of Extra-territorial Organizations And
Bodies

6. Section Group
No of Large
Enterprises
AGRICULTURE, FORESTRY AND FISHING 135
(1) MANUFACTURING 1,037
ELECTRICITY, GAS, STEAM AND AIR CONDITIONING SUPPLY
86
(2) WHOLESALE AND RETAIL TRADE; REPAIR OF MOTOR VEHICLES AND MOTORCYCLES
460
(3) TRANSPORTATION AND STORAGE 205
ACCOMMODATION AND FOOD SERVICE ACTIVITIES 59
INFORMATION AND COMMUNICATION
148
Total 2,130
Filtering using SEC data is currently being done
PSA Data Filtering

7. EPR Portal
•Full implementation of the EPR IRR
•One stop ecosystem for EPR
Stakeholders – OEs, MSMEs, PROs,
Collectives, Evaluators, Approvers,
Policy Makers
•Facilitate collaboration and synergies
among EPR stakeholders and value
chain actors
EPR REGISTRY & PORTAL
EPR Portal
EPR
Registry

8. EPR PORTAL FULL SET OF FEATURES
EPR Registry
Recyclers and
Waste
Diverters’
Database
Payments Audit
Feedback/
Helpdesk
(AI/chatBot)
Solid Waste
Management
Information
Database
Learning and
Upskilling
Incentives
EPR
Framework
(other product
waste)
e-Marketplace

9. EPR Registry
•First functionality of the EPR Portal to
be implemented
EPR REGISTRY & PORTAL
EPR Portal
EPR
Registry

10. ONLINE EPR REGISTRY
PHASE I
Registration
(OEs/Collectiv
es/ PROs)
Submission of
the EPR
Program
(OEs/Collectiv
es/ PROs)
Uploading the
proof of
payment/affid
avit of
undertaking
Evaluation and
Approvals
Certificate
with
EPR Registry
number
Help desk
(FAQs, User
guides)
Simple
dashboard

11. EPR Portal and Online Registry System
https://epr.emb.gov.ph

12. EPR Fiscal Incentives

13. Purpose: to elaborate a streamlined process for the
availment of said incentives under the law, as well as to clarify the specific roles
and responsibilities of agencies concerned therewith

14. Basic Requirements for Availing of Fiscal Incentives
•must be an OE or its authorized agent (i.e., a PRO) and must meet the
following minimum requirements at the time of availment:
a)Registration
b)Compliance Report
c)Certificate of Eligibility

15. Certification and Availment Process
a)Application
b)Assessment and Certification
c)Availment

16. EPR Compliance Reporting and
Auditing Guidelines
(DAO 2024-04)

17. OverallTimeline
PHASE1
AgreedUpon
Procedures(AUP)
&CertifiedPublic
Accountants
(Section19oftheEPR
IRR)
PHASE2
UniformAudit
Standards
(Section44-GoftheEPR
Actof2022)
Uy(2024)
Phase-inApproach

18. SCOPE AND COVERAGE
•applicable to registered OEs, PROs, and Collectives or who are
required to submit their annual EPR Compliance Audit Report (ECAR)
• issued checklists for the OEs, PROs, and Collectives to prescribe the
minimum contents of the ECAR.
•OEs, PROs, and Collectives that are undertaking Limited or
Reasonable Assurance for their respective ECARs shall continue to use
said process, provided the minimum contents or disclosures herein
provided are complied with.

19. EPR Compliance Report (ECR)
•Annual compliance report submitted by OE, PRO or Collectives to
DENR based on actual footprint, diversion and accomplishment
•Summary of Accountable EPR Plastic Footprint
•Summary of Accounted EPR Plastic Waste Diverted
•Plastic Waste Diversion Accomplishment
•Voluntary Disclosures

20. EPR Compliance Audit Report (ECAR)
•Conduct of audit is based on an agreed-upon procedures with the
DENR
•Audit Checklist (for OEs)
•Verification of Accountable Plastic Footprint
•Verification of Plastic Waste Diversion
•Plastic Waste Diversion Accomplishment

21. EPR Compliance Audit Report (ECAR)
•The ECAR submitted by the OE, PRO or Collective should consist of
the following:
•The AUP Report of the Independent Third-Party Auditor
•The duly notarized ECR signed by the President of the reporting entity
•Deadline for submission shall be June 30 or the first working day
immediately thereafter of the current year.

22. EPRComplianceAuditReport(ECAR)
DeadlineforsubmissionshallbeJune30orthefirstworkingday immediatelythereafter
oftheyearfollowingthereportingyearin accordancewiththefollowingschedule.
Uy(2024)

23. EPR Fees and Charges

24. Rationale for the Imposition of Fees and
Charges
•Efficient resource management – to downsize the
government’s spending and yet maintain its obligation of
providing efficient services to the public
•Cost recovery principle - to relieve the government of its
funding burden
The fees are not intended merely to recover costs but rather
to fulfill a regulatory function or control a particular activity .

25. Major Cost Considerations in COSA
• Salaries and benefits of staff both dedicated and shared cost
• Maintenance and Other Operating Cost including those budgeted under
the DENR-Central Office, and projected cost for the establishment a real
time database (separate equipment and additional subscription cost
(internet, fire wall, cloud) for the NEC office and at the National Data
Center
• Depreciation Expense of Equipment already procured and still to be
procured including buildings and structures.

26. Types of Fees to be Imposed
1. Registration Fees
2. Annual Review and Monitoring Charges
3. Other Fees
•Penalties and Surcharges
•Certification Fees
•Seminar/Training Fees

27. Priority for 2024
•EPR Program Evaluation and Registration
•Database Management
•Capacity Building and IEC
•Policy formulation
•Enforcement, monitoring and EPR Compliance Audit

28. THANK YOU