Extended Producer Responsibility (EPR) in South Africa
EPR
On 5 November 2020, the Department of Forestry, Fisheries and the Environment (DFFE) published the Extended Producer Responsibility (EPR) Regulations for the Electrical and Electronic Equipment (EEE), Lighting, Paper and Packaging Sectors.
On 5 May 2021 these Regulations came into effect under Section 18 of the National Environmental Management Waste Act (NEMWA). The Regulations have significant ramifications for all Producers, Brand Owners, Importers, Distributors, and Retailers within these Sectors.
Producer Obligations:
- Register with the Department (DFFE) *
- Join or establish a Producer Responsibility Organisation (PRO)
- Develop and submit an EPR Scheme
- Pay appropriate fees to the EPR Scheme **
- Be accountable for the operation and performance of the EPR Scheme
- Fulfill monitoring and reporting obligations
* Producers must register with the DFFE via the South African Waste Information Centre (SAWIC) website. Contact eWASA for assistance with Producer registration.
** EPR fee structures are detailed here.
eWASA has developed and submitted a Producer Responsibility Scheme in compliance with the EPR Regulations. Producers can join the scheme and tick the PRO obligation box.
Visit the Membership section of our website to learn more about our EPR Scheme and PRO membership.
Are You a Producer?
If the answer to any of the questions below is Yes, then you are an EEE producer and have obligations under the EPR Regulations.
Do You:
Import EEE on a professional basis to South Africa?
Manufacture and sell EEE under your own brand?
Resell EEE produced by other suppliers, under your own brand?
Are you based outside of South Africa but sell EEE to South African businesses and/or consumers via distance communication (Internet, phone, catalogue)?
For the avoidance of doubt, if companies place electrical or electronic equipment on the South African market for the first time, then they must take on Producer obligations under the EPR Regulations of 2021.
Waste Management Legislation
The Extended Producer Responsibility (EPR) Regulations were published on 5 November 2020 with amendments and notices regarding EPR published on 5 May 2021.
The EPR Regulation (R.1184) requires that existing Producers register with DFFE within six months of the amended regulations published on 5 May 2021, with a final compliance date of 5 November 2021.
Visit the Resources section of our website to view the legislation and policies that are applicable to Waste Management in South Africa.
Alternatively, you can contact us to discuss the eWASA EPR Scheme and our Producer Responsibility Organisation (PRO) membership.
Reporting Obligations for PROs and Producers
As per the EPR Regulations, Producer Responsibility Organisations and Producers must comply with the following:
- Annual performance audit reports must be submitted to the Department within 3 months of the conclusion of the year-end, which is on 31 December.
- An annual external performance audit report must contain the following minimum requirements:
- Performance against the published targets;
- Breakdown of the allocation of the extended Producer responsibility fee;
- Performance on all finance matters;
- Governance report; and
- Number of jobs created.
- All Producer responsibility organisations and Producers who establish and implement their own scheme must record and report, as a minimum on an annual basis, to the South African Waste Information System the quantities of the identified product that are:
- Placed on the market by members of the Producer responsibility organisation or by the Producers who implement their own scheme;
- Collected;
- Diverted away from landfill (recycled, reused, recovered, refurbished);
- Exported;
- Landfilled; and
- Landfilled; and
- Number of jobs created.
EPR Sectors
The Extended Producer Responsibility (EPR) Regulations apply to the following product classes:
- Electrical and Electronic Equipment (EEE)
- Lighting Equipment
- Paper and Packaging
- Portable Batteries
- Lubricant Oils
More details on the regulations applicable to these product classes can be found here.
eWASA PRO
eWASA is a registered Producer Responsibility Organisation (PRO) in the following sectors:
- Electrical and Electronic Equipment: 19/7/6/E/PRO/20210512/001
- Lighting: 19/7/7/L/PRO/20211123/004
- Paper and Packaging: 19/7/5/P/PRO/20211123/022
- Portable Batteries: 19/7/5/P/PRO/20230710/045
- Lubricant Oils: 19/7/7/L/PRO/20240429/053
Member Benefits for Producers
Become a member and benefit from:
- Certification with a DFFE-approved PRO
- Quality services from collection points for your retail customers
- Transparent open reporting on financial and operational data
- Regular legislative updates, guidance and seminars
- Compliance support and training for your organisation on request
- Access to our partnership networks
- Communications and assets to incorporate into your Corporate Social Responsibility reporting
- Coverage of EEE, Lighting and Paper Packaging sectors – a one-stop-shop for all your PRO needs
- Receipt of an EPR Compliance certificate which you can upload on your website
- And much more!