What is EPR?

Traditionally, end users of a product have held a significant amount of responsibility regarding the management of product waste.

Extended Producer Responsibility (EPR) is an environmental protection mechanism that holds manufacturers of products responsible for the entire life cycle of their product including take back, recycling and final disposal of the product.

 

EPR requirements in Kenya

Kenya’s Sustainable Waste Management Act, 2022 (the “Act”) imposes an extended producer responsibility on all producers in a bid to reduce pollution. The Act allows producers to fulfill this obligation individually or in a collective compliance scheme.

 

Who is a producer?

The Act defines the term ‘producer’ as an entity that introduces goods, products, and packaging into the country using authorised means by manufacturing, importing, converting, filling, refilling, repackaging, or rebranding.

 

NEMA audit

To ensure compliance with the Act, the National Environmental Management Authority (NEMA) has published a notice on 30th August 2023 informing all producers to submit their respective EPR plans (either individually or through collective schemes) by 31st October 2023. 


NEMA plans on carrying out inspection and enforcement exercises after the deadline to verify compliance levels.

 

EPR plan requirements

Collective scheme members’ plans will have to indicate the following:

  1. The list of products introduced into the Kenyan market.
  2. If you are a member of a collective scheme, provide evidence of membership.
  3. Estimated annual volume/quantity of product(s) introduced into the market.
  4. Mechanisms put in place for identification and tracking of your products(s).

Producers who are not members of collective schemes will have to submit the below in addition to the above four requirements:

  1. List and location of your drop off of collection points per country. You can also use existing transfer stations licensed by NEMA.
  2. Evidence of payment of recovered materials collection service for each product.
  3. Planned awareness strategy and activities.
  4. Work plan per county and budget of fulfilling EPR obligations.
  5. Contracts with NEMA licensed waste transporters to move recovered products from collection points.
  6. Collection schedule from collection points.
  7. Contracts with waste processing facilities such as recyclers, incinerators and landfills.
  8. Mechanisms put in place for identification and tracking of your products(s).                                                                                                                                                                                    Caveat

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