“EPR” วางแผน-ปรับตัว-รับมือ ก่อนกฎหมายบังคับใช้ปี 2570“EPR” Planning - Adapting - Responding Before the Law Takes Effect in 2027

First, let us familiarize ourselves with EPR, what these three letters represent, and how significant it is to producers or private sectors with branded products to prepare before the EPR law takes effect in 2027.

EPR stands for Extended Producer Responsibility or in Thai, Principle of Extended Producer Responsibility. It is a principle that requires producers to take responsibility for their products and packaging from the beginning to the end stages, or throughout the lifecycle, from the initial design, distribution, collection, reuse, to recycling and treatment, aiming for sustainability, the stability of raw materials, and minimal environmental impact. Based on this principle, various countries have developed strategies to address environmental issues, requiring producers to reassess their production processes and the end life of their products. This is to undertake responsibility either through Individual Producer Responsibility (IPR) or through a Producer Responsibility Organization (PRO) to enable collection and recycling.

Individual Producer Responsibility or IPR refers to the responsibility that producers take on themselves, starting from design, collection, reuse, and recycling. Producers who are ready can choose this model, or alternatively, they can take responsibility through a PRO, which acts on behalf of the producers. The primary duties of the producers include registration, creating plans, executing plans, collecting data, and reporting to relevant government agencies. In some countries, there may be only one PRO, while in others there may be multiple organizations, leading to the establishment of a central body to oversee and regulate the PROs to ensure compliance with criteria and focus on transparency.

Although the EPR principle only addresses the responsibility of producers, in practice, there are many stakeholders involved in this responsibility. If we consider products generally, the responsible parties can be identified throughout the lifecycle: 1) packaging producers, who are responsible for designing and developing packaging for reuse or recycling; 2) product manufacturers, who select packaging for their products; 3) distributors, who support collection by establishing collection points or communicating with 4) consumers, who choose products and manage waste by sorting for 5) collectors, who will return waste; 6) recycling plants, which are responsible for developing recycling processes for these products or packaging. This is the entire chain of responsibility related to the EPR principle.

With the increasingly severe climate change situation caused by pollution and human actions, waste has become a growing problem. From the composition of waste at landfills, besides food scraps, which rank first, various types of used packaging follow, including plastic, paper, glass, and aluminum, resulting from increased consumption of products and services, along with the complexity of packaging responding to modern consumption patterns, making sorting and recycling much harder. Additionally, many types of packaging are designed to be visually appealing but neglect the convenience of recycling.

Furthermore, the causes of waste problems also stem from consumer behaviors that are indifferent to environmental issues, both in terms of selection and post-use management. A critical issue is the lack of household sorting, which leads to an increase in used packaging. The lack of proper management of packaging waste significantly impacts the environment because unsorted waste cannot be reused or recycled. Therefore, an effective solution to waste issues requires consumers to sort waste from the source.

In several countries that have already implemented EPR principles, such as Taiwan, South Korea, the Philippines, Indonesia, India, Israel, and the most recent is Vietnam, which announced its adoption in January 2022 and is set to take effect on January 1, 2024. Meanwhile, three countries are currently drafting laws, including Thailand, Malaysia, and Ghana.

Although Thailand does not yet have a specific law concerning EPR, it is currently in the process of drafting legislation. The Pollution Control Department of the Ministry of Natural Resources and Environment has commissioned academia to prepare the draft along with its subordinate regulations in 2023. Public consultations will occur multiple times throughout 2024 before advancing to the parliamentary stage. The draft of the Sustainable Packaging Management Act is expected to be enacted in 2027, stipulating that producers and importers must take responsibility for packaging designated after the law takes effect. This responsibility will primarily encompass promoting collection, sorting, and economically viable recycling, often in the form of EPR fees. Moreover, it includes developing packaging designs based on eco-design principles focusing on reuse and recycling, which can help lower producers' responsibilities. In foreign countries, packaging of the same type but made from different materials and designs may result in different EPR fees. This draft also defines various details, including the roles of those in the chain of responsibility, to ensure that the EPR principles genuinely help solve the problem. However, the existence of this draft law is a positive signal indicating that Thailand is placing importance on waste issues and moving towards sustainable development.

Apart from packaging, various countries have also applied EPR principles to address other types of waste, such as electronic appliances, batteries, furniture, and automobiles. This is crucial as these items, when discarded, can significantly impact the environment. In Thailand, there is also the concept of applying EPR principles to electrical and electronic appliances, which are currently in the legislative draft stage alongside packaging.

1. Design and Production
» Modern packaging today is developed by combining various materials, making recycling difficult, or using production techniques such as directly printing colors on the material, lowering the quality of the materials obtained from recycling. Additionally, there is a shift from using reusable packaging to single-use packaging, which is often cheaper, and producers are changing packaging from easily recyclable to more difficult to recycle, making it less desirable for recycling businesses, hence leading to more packaging needing disposal.
» There are no regulations to increase the proportion of recycled content to promote more collection and reuse of used packaging, and incentives for promoting environmentally friendly production and design (Eco-Design) are still limited and do not cover all types and categories of packaging.
» Most packaging has a short lifespan, designed for single use only.

2. Consumption Issues
» Consumer discipline regarding waste sorting and disposal remains lacking, and there is still an attitude that after sorting, the state agencies “collect them together anyway”. Moreover, the perception that “waste is the state's responsibility” leads to a lack of emphasis on reduction and sorting at the source, and reluctance to pay fees for waste management, meaning consumers do not “engage” with the issue.
» There are still no laws or regulations limiting usage (using only what is necessary); previous operations have only been voluntary.

Producers or private sectors selling products or importing goods into the country can prepare by developing designs for products and packaging that are more environmentally friendly, alongside supporting efforts to encourage collection. Furthermore, producers are required to...
» Monitor and study progress and actively participate in the development of relevant regulations, as EPR principles and requirements may continue to evolve.
» Volunteer to participate in the private sector preparedness project for entering the framework (monitoring can be done through the project of the Recycling Packaging Management Institute for the Environment of the FTI or TIPMSE, phone 0-2345-1293).
» Prepare data on packaging usage and information on the collection of packaging by the organization, including the types of packaging, material composition, collection campaign activities, life cycle assessment of products, etc.
» Prepare and adapt by employing innovations and technology in the design and production processes of packaging.
» Communicate with affiliated companies in the Supply Chain to participate in activities to prepare for the EPR system before the legislation comes into effect.

EPR legislation is necessary for all producers. Preparing adequately and investing in packaging and waste management systems will allow adaptation to legal changes while aligning with sustainable development goals. Furthermore, it creates a long-term business advantage.