New EPR Regulation in Mozambique
by Ellen Thornton at 10:41 in Emerging, Environmental, Packaging
The Decree 79/2017, of 28 December 2017, approving the Regulation on the Extended Responsibility of Producers and Importers of Packaging, was approved by the Council of Ministers and came into force on 29th December 2017. The Regulation applies to all public and private entities, natural or legal persons engaged in the production, import and management of packaging to increase their responsibility in order to safeguard the environment and public health.
All packaging is obligated under this regulation including commercial and domestic packaging and the packaging waste produced. The Ministry for the Environment is responsible for drafting and disclosure of rules and procedures in the context of the production and import of packaging and packaging waste. The Ministry for Industry and Commerce is responsible for establishing rules and standards applicable to import and production of packaging. Furthermore, under the Regulation, the Ministry for Finance is responsible for the collection of fees and fines as well as the supervision of the rules applicable to packaging in the context of clearance goods.
Producers and importers of packaging and packaging waste are responsible for the management of packaging and packaging waste, pursuant to the Regulation and other applicable legislation; the payment of fees for the management of packaging and the return and recovery of packaging waste, whether directly or through organisations created for waste recovery. The EPR framework works through three systems: Internal Management System and Packaging Environmental Fee System, Packaging Standardisation System.
Internal Management System
This comes under two different types, of which the producer can choose which one suits them. The first is the direct internal management system where the producer or importer may opt, whether individually or jointly, for any one of the following procedures: reduction; re-use; recycling; organic recovery; energetic recovery; or incineration. In this system, the consumer pays a set deposit on purchase of the products, which is reimbursed when the packaging is returned. The second is an indirect internal management system where the producer and importer responsibility for treatment of packaging or packaging waste can be transferred to an entity who is licensed to undertake that activity. The producer or importer is obligated by the costs of the collection and sorting of packaging waste, as well as for the take back and recovery of packaging waste.
Packaging Environmental Fee System
The Environmental packaging rate (TAE) must be paid by all producers and importers of packaging under the Regulation, and it varies depending on the packaging's environmental and public health impact and the complexity of the treatment of the waste resulting from the packaging.
Packaging Standardisation System
This requires that all packaging is produced preferably with biodegradable materials or materials which can be re-used, recycled or recovered. Hence, this applies to producers, manufacturers of packaging or those who supply materials for the manufacture of packaging and those who import or put packaging, materials for the manufacture of packaging or packaged goods into circulation. Those obligated must ensure that packaging is limited to the volume and dimensions required for the protection of its contents and the sale of the goods; is designed so that it is reusable in a technically viable way which is compatible with the requirements of the goods it contains and is recyclable. Furthermore, there will be specific symbols which must be placed on the packaging itself stating that is reusable, recyclable or subject to recovery.
There are many similarities to EPR Regulations in the EU and this will have a significant impact on packaging producers and importers. Here at Lorax we can help you to understand your obligations in Mozambique and any other countries that you may have extended producer responsibilities in. Please contact us here for more information.
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