The National Environment Management Authority (NEMA) has directed the Kenya Producer Responsibility Organization (KEPRO) to review the Extended Producer Responsibility (EPR) fee structure, citing compliance concerns with the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024.
In a statement issued on Friday, June 26, NEMA Director General Dr. Mamo B. Mamo said he had instructed KEPRO to convene a validation workshop involving relevant value chain actors to build consensus on the proposed fee structure.
The move comes amid concerns that the continued collection of EPR fees under a non-compliant framework could undermine the objectives of Kenya’s waste management regulations.
“NEMA has been implementing EPR regulations that obligate manufacturers and importers to manage the entire lifecycle of their products, including post-consumer waste, either directly or through Producer Responsibility Organizations,” the authority said.
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NEMA Orders Review of KEPRO’s EPR Fee Structure Over Compliance Concerns
Under the regulations, manufacturers and importers are required to take responsibility for the collection, transportation, recovery, recycling and environmentally sound disposal of products once they become waste.
The EPR fee is designed to facilitate these activities by providing financial resources for the management of post-consumer waste.
However, NEMA noted that the continued collection of the fees by KEPRO under a framework that does not fully comply with the regulations has hindered the implementation of the initiative.
“The EPR fee is meant to facilitate collection, transportation, recovery, recycling and environmentally sound management of post-consumer waste. Therefore, continued collection of EPR fees by KEPRO under a non-compliant framework has hindered this initiative and undermined the objectives of EPR regulations,” NEMA stated.
At the same time, the regulator directed KEPRO to engage manufacturers, importers, recyclers and other stakeholders to review the proposed fee structure and reach an agreement on its implementation.
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Items Subject to the KSh150 EPR Charge
The current fee structure imposes a standard charge of Ksh150 per item across a broad range of products to support waste management obligations under the EPR framework.
It also applies to packaging for non-hazardous products, including plastics, aluminium, composite materials, paper and corrugated packaging, glass, cardboard and cartons.
The same charge is also levied on packaging for hazardous products such as industrial chemicals, oils and lubricants, pharmaceuticals, agrochemicals, veterinary products, cosmetics, paints, solvents, treated wood, and agricultural films.
In addition, the fee extends to electrical and electronic equipment, including mercury auto switches, thermostats, batteries and accumulators, as well as end-of-life products such as motor vehicles, automobiles, aircraft and locomotives.
The charges further cover a range of non-packaging products, including plastic, glass, paper and cardboard items, furniture excluding wooden and metallic products, rubber and tyres, textiles, leather products, artificial hair, diapers, and sanitary towels.
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