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EXTENDED PRODUCER RESPONSIBILITY

Extended producer responsibility (EPR) is based on the polluter pays prin­ciple but goes beyond a manufacturer 's responsibility for pollution from product manufacture to make the manufacturer responsible for the environ­mental impact of a product from manufacture to disposal.

It was defined in a 1990 report to the Swedish Ministry of Environment (ILSR 2005) as:

an environmental protection strategy to reach an environmental objective of a decreased total environmental impact from a product, by making the manufacturer of the product responsible for the entire life-cycle of the product and especially for the take-back, recycling and final disposal of the product.

Normally, government authorities take responsibility for disposal of products and thus disposal is paid for by taxpayers. EPR, however, recognises that product design and manufacturing decisions can deter­mine how environmentally damaging a product will be when used and disposed of, and how readily it can be recycled. Because governments have traditionally taken responsibility for waste management, manufac­turers have created an excess of throwaway products and packaging without giving thought to the environmental and other costs associated with them. Manufactured goods now make up more than three-quarters of municipal waste (ILSR 2005).

By shifting the responsibility back to the manufacturer, EPR is sup­posed to provide an incentive to ensure that design, manufacturing and packaging decisions are made with an eye to environmental and disposal costs. There are four facets of EPR:

• Liability - responsibility for proven environmental damage caused by products

• Economic responsibility - responsibility for the cost of collection, disposal and/or recycling of products

• Physical responsibility - responsibility for actually collecting and dealing with products at the end of their lives

• Informative responsibility - responsibility to supply information on the potential environmental impacts of a product.

(ILSR 2005)

'Product stewardship' is a related idea, in that it is concerned with the environmental impacts of the product throughout its life-cycle. However, product stewardship shares responsibility between all those involved in a product's life-cycle - including designers, suppliers, man­ufacturers, distributors, retailers and consumers - rather than shifting it to the manufacturer.

EPR was adopted during the 1990s by various OECD countries. The Swedish eco-cycle legislation embraces EPR. In Germany, the Netherlands, Austria, Switzerland and France manufacturers have legal responsibility for taking back packaging and recycling their products; these countries also have 'end-of-life legislation and voluntary agree­ments concerning a number of complex products' such as cars and bat­teries (IIIEE 1998).

EU directive on waste electrical and electronic equip­ment

The EU's directive on waste electrical and electronic equipment (WEEE) is an example of EPR. Electrical and electronic products, ranging from washing machines to television sets and mobile phones, are responsible for a rapidly growing waste stream that is estimated to be increasing at 3-5 per cent per year and will reach 12 million tonnes per year in Europe by 2010. Much of this waste stream currently goes to landfill but it contains hazardous materials and poses environmental risks (Waste Not 2002).

In 2001 the EU environment ministers proposed extending the pol­luter pays principle to cover disposal of products at the end of their useful life. In this case they defined the polluter not as the consumer but as the manufacturer of the electrical and electronic equipment. They rea­soned that manufacturers should be responsible for the disposal and recycling of these products after consumers had finished with them.

The 2003 WEEE Directive (EC 2003) aimed at 'as a first priority, the prevention of waste electrical and electronic equipment, and in addition, the reuse, recycling and other forms of recovery of such wastes so as to reduce the disposal of waste'.

It was therefore designed to encourage manufacturers to design products to enhance their potential for reuse, recovery and recycling: 'Member States shall encourage the design and production of electrical and electronic equipment which take into account and facilitate dismantling and recovery, in particular the reuse and recy­cling of WEEE, their components and materials' (Waste Not 2002).

The equipment covered includes:

• Large household appliances

• Small household appliances

• IT and telecommunications equipment

• Consumer equipment

• Lighting equipment

• Electrical and electronic tools (with the exception of large-scale sta­tionary industrial tools)

• Toys, leisure and sports equipment

• Medical devices (with the exception of all implanted and infected products)

• Monitoring and control instruments

• Automatic dispensers.

The directive, which took effect in 2005, requires that consumers be able to return their used equipment free of charge, and that governments ensure collection facilities are made available. The final treatment of the collected equipment should use the 'best available treatment, recovery and recycling techniques'.

Further Reading

Dommen, Edward (ed.) (1993) Fair Principles for Sustainable Development, Edward Elgar, Aldershot, Hants, UK.

Coffey, C & J Newcombe (2001) The Polluter Pays Principle and Fisheries: The Role of Taxes and Charges, Institute for European Environmental Policy, London,

IIIEE (1998) Extended Producer Responsibility as a Policy Instrument, International Institute for Industrial Environmental Economics, 1998,

JWPTE: Joint Working Party on Trade and Environment (2002) The Polluter-Pays Principle as It Relates to International Trade, OECD, Paris, 23 December.

Recommendation of the Council Concerning the Application of the Polluter-Pays Principle to Accidental Pollution (1989) OECD, Paris, 7 July.

de Sadeleer, Nicolas (2002) Environmental Principles: From Political Slogans to Legal Rules, Oxford University Press, Oxford.

White Paper on Environmental Liability (2000) European Commission, Luxembourg, 9 February,

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Source: Beder S.. Environmental Principles and Policies: An Interdisciplinary Approach. UNSW Press,2006. – 312 p.. 2006

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