East Asia and Pacific Region: MARINE PLASTICS SERIES Reducing Plastic Waste in the Philippines An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Copyright © by International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington DC 20433 Telephone: 202-473-1000, Internet: www.worldbank.org This work is a product of staff at The World Bank with external contributions. The findings, interpreta- tions, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. 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Reducing Plastic Waste in the Philippines An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action CONTENTS Acknowledgments................................................................................................................................................ 6 EXECUTIVE SUMMARY..........................................................................................8 CHAPTER 1: INTRODUCTION.............................................................................10 CHAPTER 2: METHODOLOGY AND LIMITATIONS.......................................12 CHAPTER 3: CURRENT AND FORECASTED SOLID AND PLASTIC WASTE MANAGEMENT IN THE PHILIPPINES...............................................14 CHAPTER 4. INVENTORY AND ANALYSIS OF NATIONAL LAWS AND POLICIES ON SOLID WASTE MANAGEMENT AND PLASTIC WASTE REDUCTION.............................................................................................18 4.1 Policy Inventory .............................................................................................................................................18 4.2 Policy Gaps and Challenges ......................................................................................................................19 4.3 Laws and Policies that Could Potentially Support the Effective Implementation of RA 9003 ........................................................................................................................................................... 24 4.3.1 Existing Plans and Policies...............................................................................................................................24 4.3.2 Pending Legislative Bills on SUP Regulation, Taxation, and Eco-labeling .......................................25 4.3.3 Enabling Plans and Fiscal Opportunities to Improve RA 9003 SWM Implementation in the LGUs......................................................................................................................................................................26 CHAPTER 5: APPROACH TO ZERO PLASTIC OCEAN POLLUTION....... 28 5.1 Capture and Contain All Wastes .............................................................................................................29 5.2 Reduce Problematic SUPs ........................................................................................................................31 5.3 Develop the Market for Recycling and the Manufacturing of Recycled Products ..................31 5.4 Design for Plastics Circularity ................................................................................................................ 32 CHAPTER 6: SHORT-TERM RECOMMENDATIONS....................................36 REFERENCES.........................................................................................................40 4 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action LIST OF BOXES Box 1. Considerations and Assumptions used in Formulating the BAU Scenario............................................16 LIST OF FIGURES Figure 1. Results of Plastic Field Surveys, Monitoring, and Diagnostics in the Pasig River, Philippines................................................................................................................................................................................11 Figure 2. Overview of Existing Municipal Solid Waste Management Systems in the Philippines............... 15 Figure 3. Integrated Approach to Zero Plastics to the Ocean............................................................................... 30 LIST OF TABLES Table 1. Consultation Schedule ....................................................................................................................................... 13 Table 2. Overview of Plastics Waste Production and Management in the Philippines under the BAU Scenario.........................................................................................................................................................................16 Table 3. Inventory of Legal and Policy Instruments on Solid/Plastic Waste Management..........................19 Table 4. Gaps in RA 9003 that Are Related to Recycling and Plastic Waste Management....................... 24 Table 5. Proposed Short-Term Measures to Implement the Pathways to Zero Plastics by 2032 ............ 36 Contents | 5 ACKNOWLEDGMENTS The study was conducted by a team from Partnerships in Environmental Management for the Seas of East Asia (PEMSEA). PEMSEA is an intergovernmental organization whose mission is to foster and sustain healthy and resilient oceans, coasts, communities, and economies across the seas of East Asia. The work reported here was managed by a World Bank Group team led by Junu Shrestha (Senior Environmental Specialist). Engagement with government agencies was led by Agnes Chung Balota (Environmental Specialist). The study was done under the guidance of Anjali Acharya (Senior Environmental Specialist), and leadership of Ndiamé Diop (Country Director) and Mona Sur (Practice Manager). Appreciation is extended to Jian Xie (Senior Environmental Specialist), Maurice Andres Rawlins (Senior Environmental Specialist), and Reynar R. Rollan (Technical Expert Consultant) for their useful comments and review of the report. The report was edited by Stan Wanat and report design was provided by Sarah Hollis. The team was assisted by Venessa Vaishali Sarkar. Funding for this project was provided by PROBLUE, an umbrella multi-donor trust fund administered by the World Bank. The team is grateful to the following institutions and organizations for providing valuable inputs and insights regarding plastic waste management: Board of Investments; Cabinet Cluster on Climate Change Adaptation, Mitigation and Disaster Risk Reduction; Climate Change Commission; Department of Environment and Natural Resources; Department of Finance; Department of Interior and Local Government; Department of Science and Technology; GA Circular (research and strategy firm); House of Representatives; National Anti-Poverty Commission; National Economic and Development Authority; Philippine Alliance for Recycling and Materials Sustainability; and University of the Philippines National Engineering Center. 6 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Acknowledgments | 7 EXECUTIVE SUMMARY S olid waste management (SWM) in the Philippines continues to be hampered by gaps and issues despite the passage of the Ecological Solid Waste Management Act of 2000. One of these issues involves plastic waste whose impacts have extended beyond the country’s terrestrial boundaries. Studies have shown that the Philippines, together with China, Indonesia, Thailand, and Vietnam, accounts for 55 to 60 percent of plastic waste entering the ocean. Globally, the Philippines has one of the highest rates of mismanaged plastic waste recycling, with only about 28 percent of the key resins it consumed in 2019 being recycled. Unrecycled plastics are disposed of in dumpsites and landfills, remain as litter, or accumulate in sewers, drainage systems, and rivers before being discharged into surrounding marine water bodies. This study assesses national-level policies governing the management of plastics waste in the Philippines. The study aims to support the government’s efforts to improve the management of such waste and to facilitate circular-economy practices. The study included a desk review and analysis of current SWM conditions, existing policies, and current and pending legislation related to recycling and plastics waste management. Consultations with key stakeholders in the private and public sectors in plastics waste management supplemented the review. The following gaps in current SWM systems were identified and analyzed: • Mixed waste collection; • Inadequate infrastructure for segregation, recovery, and recycling; • Limited public funds and technical capacity to cover full SWM services at the local government unit (LGU) level; • Lack of recycling capacity; • Poor quality of collected plastic waste; • Lack of integration of the informal sector in the plastic value chain; • Lack of readily available information on government support for investments in recycling technology and capacity; and • Absence of robust policy to address problematic and unnecessary single-use plastics (SUPs), among others. Using a business-as-usual (BAU) scenario over a 20-year period from 2020 to 2040, the study identified four interconnected problems related to plastic waste management—namely: plastics leakage, impacts of the phaseout of single-use plastics, challenges in plastics recycling, and the need to scale up plastics recycling. The study arrived at an approach focused on bridging gaps and shortcomings in existing and planned policies and legislation through a combination of upstream and downstream measures for maximizing recycling plastic waste and preventing these materials from entering the ocean. The measures were crafted into four integrated pathways to be implemented over a span of 10 years with the intent of zero plastics entering the ocean by 2032. These four pathways are listed below: 8 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Capturing and containing plastic waste through translate into improved recycling economics, improved collection, segregation, and sorting returns on investments in recycling technology capacities, and through management approaches at and SWM infrastructure, and a higher demand for local showcase sites to model and foster replication recycled resins through contracts with the plastic of best practices. manufacturing industry. Over the medium term • Reducing problematic SUPs through legislation to long term, new legislation will be passed, and that targets the phaseout of priority unnecessary and standards developed, on the content and quality problematic SUPs while promoting collaboration of recycled products. and cooperation with producers of plastics and • Designing for plastic circularity with the building plastic packaging over the medium term and long of consensus on voluntary targets and actions by term. This will include the establishment of an industry to phase out problematic SUPs, thereby industry-led system for monitoring and assessing curbing the expansion of virgin plastics, increasing progress toward targets. recycled content in plastic products, and designing • Developing the market for recycling and products to enhance the life cycle of plastics and manufacturing of recycled products. This will promote a circular economy. Photo: Shutterstock / Jill Gulles. EXECUTIVE Summary | 9 CHAPTER 1: INTRODUCTION P rior to the COVID-19 pandemic, the Philippines had one of the fastest-growing economies in the Asia Pacific region with a sustained average annual growth of 6.3 percent between 2010 and 2019 (World Bank 2020). The economic and population growth translated into a high material footprint (the amount of natural resources extracted to meet the country’s demand) that almost doubled from 198 million tons in 1990 to 364 million tons in 2010. The country now consumes more natural resources than it did 40 years ago and produces more carbon emissions than its biological capacity (Global Footprint Network 2012). This ecological deficit is aggravated by the current “take, make, and dispose” practice instead of “repair, reuse, and recycle,” since take-make-dispose contributes to increased land- and sea-based pollution. Materials are usually consumed and discarded at a fast rate, with limited consideration of products’ life cycle, other possible uses, proper treatment, or disposal methods. Take-make-dispose practices apply to, and are highly evident in, plastic waste management in the Philippines. Available studies indicate that plastic waste makes up over a tenth of recyclable municipal solid waste (NSWMC 2019). Most of the plastic waste is generated by multiple sources including households; commercial establishments (for example, retail stores, eateries, and restaurants); industries (for example, manufacturing, shipping, and export-processing zones); and governments and institutions (for example, offices and hospitals). It comes in the form of packaging (food and beverage wrappers, sando bags, multi-material sachets, and packaging made of polystyrene materials), especially in highly urbanized areas. These types of plastic waste were recovered from the Pasig River in Metro Manila during a survey conducted in 2020–2021 (see figure 1). Although a significant number of relevant laws and policies exist, the system for plastic waste management in the Philippines remains weak, fragmented, and inefficient. It is estimated that the country has the third-highest rate of mismanaged plastic waste worldwide (Jambeck et al. 2015). As of 2019, the Philippines recycled only about 28 percent (321,875 tons per year) of the key resins consumed. These are polyethylene terephthalate (PET), excluding polyester applications; polypropylene (PP); high-density polyethylene (HDPE); and linear low-density polyethylene (LLDPE)/ low density polyethylene (LDPE). PET polyester was excluded since estimates report that less than 1 percent gets collected for recycling due to the absence of a dedicated recycling sector for PET polyester products (World Bank 2021c). In addition, while the total value yield from plastic recycling in the Philippines is US$1.1 billion per year (assuming all key resins had 100 percent collected-for-recy- cling (CFR) rates and obtained the maximum value in the market), only 22 percent of this figure is currently unlocked. Recycling rates vary depending on the price of virgin plastic, the end use for recycled resin, and other market factors (World Bank 2021c). 10 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Figure 1. RESULTS OF PLASTIC FIELD SURVEYS, MONITORING, AND DIAGNOSTICS IN THE PASIG RIVER, PHILIPPINES 10 Most Common Waste Types (% of total) Waste Items per Quadrant (as of December 2020 eldwork) Noodle Wrappers PCP Plastics 3.4 3.5 Candy Wrappers Polystyrene Pieces 5.2 20.2 PET Bottles 5.6 Drink Wrappers 9.3 Sando Bags 14.6 Non-plastic Wastes 12.1 Plastic Labo Bags 13.9 Snack Wrappers 12.3 Source: World Bank 2021d. The remaining unrecycled plastic is either deposited The Philippines, together with China, Indonesia, in landfills or discarded freely in the environment. Thailand, and Vietnam, accounts for 55 to 60 percent of This has led to a buildup of plastic waste in sewers, plastic waste entering the ocean (Ocean Conservancy stormwater drainages, rivers, and the sea, leading to 2017). human health and sanitation risks; marine-life ingestion The management of marine plastics is a regional priority of microplastics and their entanglement with plastic in the East Asia and Pacific region. The Philippines is materials; clogged infrastructure and flooding; and building up analytical studies on solutions, economic economic losses for sea-based industries, including assessments, technology prioritization, and hotspot fisheries, tourism, and shipping. Globally, the cost of assessments on plastic leakage, while also identifying such after-use externalities, plus the cost associated blended finance options to make critical investments with greenhouse gas (GHG) emissions from SUP in the sector. Policy assessment and recommendations packaging (which constitutes the bulk of marine litter), at the national level would complement these ongoing is conservatively estimated at US$40 billion annually. efforts of the Philippine government to help facilitate This cost exceeds the profit pool of the plastic-pack- a circular economy in the country’s management of aging industry (Ellen MacArthur Foundation 2016). plastic waste. Marine litter also has adverse effects on human health, since microplastics can find their way into seafood and other marine products. Chapter 1: Introduction | 11 CHAPTER 2: METHODOLOGY AND LIMITATIONS T he study was guided by the following four principles, which provided the scope and direction for discussions with national government agencies (NGAs) and the private sector on the coverage and efficacy of existing and proposed national laws and policies: • Policy options encompass sustainable pathways and solutions that contribute to a circular economy and embody humanitarian, socioeconomic, and environmental objectives and targets adopted in national laws and policies, as well as international instruments subscribed to by the government of the Philippines (GOP), such as the United Nations (UN) Sustainable Development Goals (SDGs). • Plastics waste management is not a separate or isolated task but rather an integral and necessary part of an effective SWM system. • Collaboration, coordination, and commitment across countries, NGAs, LGUs, private and informal sectors, academia, nongovernmental organizations (NGOs), and consumers are essential to addressing the crisis of plastic litter in the ocean. No single government or sector can do it on its own. • Evidence of national benefits and impacts derived from new and amended laws and policies will take time. Investments in implementation experiences are required to demonstrate and refine progressive policies and solutions and unlock investments. The study commenced with a desktop review and analysis of existing and planned legislation and policies, consultations with key players at the national level, inputs from completed and ongoing Bank studies and other relevant work, and a review of relevant policies and approaches from other parts of the world. Table 1 presents the consultation schedule with key policy experts and agencies. Annex B lists relevant NGAs and other key actors, including their mandates. The study utilized the business-as-usual (BAU) scenario in forecasting the amount of plastic waste that will be generated, processed, recycled, and disposed of and leaked into the environment over a 20-year period to gain insight into the relevance of current and pending laws and policies on plastic waste management and reduction of ocean pollution. Consultations were underway in late February 2021 and were conducted via online interviews due to COVID-19 pandemic restrictions. The consultations brought out views and concerns from different groups, as well as approaches towards solutions, as the country moves forward in defining solutions for its plastics problems and renewing the dialogue with these organizations and individuals to build consensus regarding essential next steps. 12 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Table 1. CONSULTATION SCHEDULE List of stakeholders consulted Date GA Circular (research and strategy firm) and Mr. Reynar Rollan (independent February 8, 2021 consultant) University of the Philippines National Engineering Center (UP NEC) February 11, 2021 Mr. Reynar Rollan March 8 and 17, 2021 Climate Change Commission (CCC) March 24, 2021 Philippine Alliance for Recycling and Materials Sustainability (PARMS) April 5, 2021 Department of Finance (DOF) and CCC April 6, 2021 National Economic and Development Authority (NEDA) April 8, 2021 Board of Investments (BOI) April 8, 2021 Department of Science and Technology (DOST) April 19, 2021 Department of Interior and Local Government (DILG) April 22, 2021 National Anti-Poverty Commission (NAPC) and Informal Workers Sector April 22 and 29, 2021 Department of Environment and Natural Resources (DENR) April 29, 2021 House of Representatives (HOR) and CCC May 4, 2021 Cabinet Cluster on Climate Change and Disaster Risk Reduction (CC CCAM DRR) May 25, 2021 and international development partners Source: World Bank. Photo: Shutterstock / Franz12. Chapter 2: Methodology and Limitations | 13 CHAPTER 3: CURRENT AND FORECASTED SOLID AND PLASTIC WASTE MANAGEMENT IN THE PHILIPPINES D espite the passage of the Ecological Solid Waste Management Act of 2000, which was approved by the President’s Office in early 2021, the Philippines continues to operate a collection and disposal system with varying degrees of compliance with requirements regarding waste segregation, segregated waste collection, and reuse and recycling of waste and proper disposal. Figure 2 illustrates a modification of the current SWM system as implemented in Metro Manila. This report infers that similar approaches are practiced in different parts of the country depending on the level of enforcement of RA 9003 and the capacity of the LGUs. As shown in Figure 2, collection for recycling takes place at different levels starting at the source, then at collection pick-up points and push carts, then at collection vehicles, and eventually at disposal sites. The separated recyclable materials, including valuable plastics, eventually end up at junk shops for final sorting and baling before being delivered by consolidators to recyclers. It is estimated that only 28 percent of recyclable plastic is actually being recycled; the balance leaks into the environment or is disposed of as part of the mixed waste stream. Composting of the biodegradable portion (which is about 50 percent of municipal solid waste) of the solid waste stream is performed to a limited extent by individual households (for example, backyard operations); schools (for example, community projects); and Materials Recovery Facilities (MRF) (that is, decentralized, barangay-level operations). There are no centralized, industrial-level composting/anaerobic digestion facilities in the Philippines to process biodegradable wastes, and there are no data on how much biodegradable waste is actually being composted nationwide. The diagram also highlights the inferred solid waste/plastics waste leakage at the household level, as well as during collection, at MRFs, junk shops, and other sorting and processing sites. Plastic leakage to the environment is estimated to comprise 35 percent of postconsumer plastic (WWF-Philippines 2020). In the Philippines, these leaked plastics make up 75 percent of the Philippines’ marine plastic pollution with the remaining 25 percent made up of lost or abandoned fishing nets or gear (Ocean Conservancy 2017). The current SWM system is used as the basis of the BAU scenario analysis in this study. Under the BAU scenario, the following conditions are forecasted to take place in the next 20 years. • Plastic production and consumption in the Philippines will increase by more than 50 percent over the next 10 years and by as much as 230 percent by 2040 if the current growth rate is maintained. 14 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Figure 2. OVERVIEW OF EXISTING MUNICIPAL SOLID WASTE MANAGEMENT SYSTEMS IN THE PHILIPPINES Source: World Bank 2021a. • Plastics recycling will fall behind recyclable plastic volumes of mixed solid waste (conservatively production and consumption from 2 million metric estimated to increase by 17 percent over the tons of unrecycled plastics in 2020 to more than next 10 years). This will compound the various 3 million tons in 2030 and 5 million tons in 2040. socioeconomic and environmental hazards and This will result if the plastic recycling industry is left implications associated with existing practices to develop on its own under existing conditions and heighten local governments’ capital and and challenges. operating expenditures. • The volume of plastic products that are problematic • Increased plastic production will have a negative to recycle (for example, multilayer and multi-material impact on the country’s ambition for GHG mitigation plastics) will continue to grow by more than 200 for the period 2020 to 2030, specifically for the percent by 2040. relevant sectors of industry, transport, energy, • The volume of plastic waste leaking into the and waste. environment will double over current levels during Table 2 presents an overview of plastics waste production the same time. and management in the Philippines under the BAU • Inefficient and fragmented SWM services, including scenario, and Box 1 shows the considerations and collection systems, MRFs, and end-of-pipe disposal assumptions used in formulating the BAU scenario. facilities, will be further challenged with increased Chapter 3: Current and Forecasted Solid and Plastic Waste Management in the Philippines | 15 Table 2. OVERVIEW OF PLASTICS WASTE PRODUCTION AND MANAGEMENT IN THE PHILIPPINES UNDER THE BAU SCENARIO Profile (by year) 2020 2030 2040 Population (millions) 110.9 125.3 137.5 Household solid waste generation (million metric tons) 16.1 18.9 22.4 Plastics waste generation 2020 and plastics consumption growth rate by 4.7 7.2 11.1 2030 and 2040 (million metric tons) Recyclable plastic waste generation (million metric tons) 2.4 3.7 5.7 Residual plastic waste generation (metric tons) 2.3 3.5 5.4 Plastics recycling capacity (million metric tons) 0.3 0.5 0.7 Plastics waste leakage to the environment 1.6 2.5 3.9 (million metric tons) Utilization of plastic waste as refuse-derived fuel (RDF) 0.1 0.1 0.2 (million metric tons) Recycled plastics export (million metric tons) 0.1 0.2 0.3 Plastics waste disposal (net; million metric tons) 2.6 3.9 6.0 Source: World Bank. BOX 1. CONSIDERATIONS AND ASSUMPTIONS USED IN FORMULATING THE BAU SCENARIO The BAU scenario was generated using population forecasts • Projected growth in plastic production and consumption to 2040, available data from waste analysis and charac- in LMI countries from a Pew Charitable Trusts and terization studies (WACS), and global trends in plastic SYSTEMIQ (2020) report. production and consumption. The results provided the The forecast is a broad assessment of general trends in national consultations done by this study with insights plastic consumption, recycling, disposal, and leakage under into the relevance of various policy options. Specifically, a BAU scenario over the next 20 years. BAU assumes no new the BAU scenario took into consideration the following: interventions are made in relation to current solid waste • National population forecasts from the Philippines and plastic-related policies, economics, and infrastructure, Statistics Authority (PSA); and that cultural norms and consumer behaviors do not change. • WACS data, such as the per capita rate of solid waste generation and the plastic waste content in Furthermore, the BAU analysis quantifies plastic consumption household solid waste; and leakage rates for household-generated solid waste and plastics only. Excluded from the analysis are industrial, • Data from the Global Alliance for Incineration institutional, and commercial solid waste and house- Alternatives (GAIA 2019), World Wide Fund for Nature hold-generated hazardous waste. – Philippines (WWF Philippines 2020), and related World Bank studies (World Bank Group 2021b); A comprehensive assessment is required to validate national and local trends. • Projected growth rate in solid waste generation in the Philippines from the Asian Development Bank Source: World Bank. (ADB 2019); and 16 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Photo: Shutterstock / Kosol Phunjui. Chapter 3: Current and Forecasted Solid and Plastic Waste Management in the Philippines | 17 CHAPTER 4. INVENTORY AND ANALYSIS OF NATIONAL LAWS AND POLICIES ON SOLID WASTE MANAGEMENT AND PLASTIC WASTE REDUCTION A desktop study was used to provide an inventory of related legal and policy instruments. This desktop study’s objective was to help provide a clear analysis of the issues and challenges of plastic waste reduction. The inventory reviewed and prioritized existing and proposed national legislation and policies encompassing the management and control of plastic production, generation, collection, recycling, disposal, and the leakage of plastic waste into the ocean. The inventory included legislation and policies linked to the larger and related problematic issue of SWM as highlighted in the previous section. 4.1 POLICY INVENTORY The four bullet points below provide highlights of this study’s policy inventory, and Table 3 lists and summarizes the results of the inventory. • Eight laws cover SWM, tax and incentive systems, investments, customs and tariffs, labor, occupational health and safety, and focused sectoral interventions to alleviate poverty. These are often accompanied by provisions on the creation of an interagency board as well as stipulations for funding, monitoring, and strategy and action plans. • Four legislative bills to regulate the production and management of SUPs are pending in the House of Representatives (HOR) or Senate of the Philippines. • Four government plans serve as voluntary guiding frameworks for government agencies and stakeholders dealing with solid/plastic waste management. The plans provide relevant strategies and actions for improving SWM and reducing marine litter within a specified timeframe. Funds to implement the plans are based on current available budgets of the various agencies. • A national budget call for FY 2022 provides guidelines for national government budget preparation. These guidelines take into account the additional resources available for local governments to implement devolved responsibilities, including those related to SWM under the Local Government Code (LGC) of the Philippines. 18 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Table 3. INVENTORY OF LEGAL AND POLICY INSTRUMENTS ON SOLID/PLASTIC WASTE MANAGEMENT Classification Title Existing laws • Ecological SWM Act of 2000 (RA 9003) • Omnibus Investment Code of 1987 (EO 226) • LGC of 1991 (RA 7160) • An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof (RA 11058) • Corporate Recovery and Tax Incentives for Enterprises Act (CREATE) Act (RA 11534) • Customs Modernization and Tariff Act (CMTA) (RA 10863) • Food and Drug Administration (FDA) Act of 2009 (RA 3720, as amended by RA 9111) • Magna Carta for the Poor (RA 11291) Proposed legislation • On SUP regulation: House Bill (HB) 9147 • On SUP taxation: HB 9171 • On plastic labeling: HB 33 • On extended producers’ responsibility – EPR: Senate Bill 1331 Existing and upcoming • Philippine Development Plan (PDP) 2017–2022 policies • Philippine Action Plan on Sustainable Consumption and Production (PAP4SCP) (draft) • Philippine Green Public Procurement (GPP) Roadmap • National Plan of Action for the Prevention, Reduction and Management of Marine Litter (NPOA-ML) (draft) Existing executive • National Budget Call for FY 2022 (DBM Memorandum Circular 138) issuances • Executive Order 138 (on the full devolution of certain functions of the Executive Branch to local governments) Source: World Bank. Annex A provides an overview of the legal and regulatory • Plans that guide government agencies and other landscape on SWM/plastic waste management. stakeholders in the sustainable development of coastal and marine areas and contiguous watershed This review focused on the legal or administrative areas such as the draft Manila Bay Sustainable gaps and limitations in policy instruments for plastic Development Master Plan (MBSDMP). waste reduction and on the practices and capacities of responsible implementing NGAs. It showed that six of the policy instruments are explicitly aimed at 4.2 POLICY GAPS AND CHALLENGES regulating and managing solid/plastic waste and RA 9003, which was passed in 2001, is considered reducing plastic leakage into the ocean. These are the landmark legislation for managing waste in the RA 9003, the three bills on regulating SUPs, PDP country and serves as the main legal framework on 2017-2022, and NPOA-ML. SWM in the Philippines. It has the following provisions The other laws and policies that could be used to relevant to plastic waste management: encourage improved SWM and plastic reduction are RA 9003 gives LGUs the primary responsibility to noted below: manage solid waste collection, segregation, and • Investment and market-based instruments (for disposal, and requires them to create and implement SWM plans. Under this legislation, households and example, under the Omnibus Investment Code, commercial waste generators are mandated to practice CMTA, CREATE Act, and National Budget Call waste minimization using the 3Rs (reduce, reuse, and for FY 2022); recycle) to achieve 25 percent waste reduction within • Employment and social welfare legislation to five years of the implementation of the Act, stating support and engage informal workers (for example, that the reduction should be increased every three Labor Code of the Philippines, an Act strengthening years thereafter. The Act also mandates a segregation compliance with occupational safety and health of solid waste at source and the creation of the MRFs standards and the Magna Carta for the Poor); and in every barangay or cluster of barangays. Chapter 4. Inventory and Analysis of National Laws and Policies on Solid Waste Management and Plastic Waste Reduction | 19 Twenty years after the passage of RA 9003, the 3. Limited public funds and technical capacity following issues relating to recycling and plastic waste to cover full SWM services at the LGU level management remain: Public funds for SWM are insufficient to cover the full cost of public SWM services and, so far, focus only on 1. Mixed waste collection the collection and disposal of waste. This perpetuates Although a few LGUs have adopted a “no segregation, the fragmented implementation characterized by no collection” policy, many LGUs still practice mixed varying degrees of implementation and capacity to waste collection. This happens as the bulk of recyclable tackle the full range of SWM services. waste extraction takes place at multiple points of Operational expenditures for SWM require a solid aggregation. As a result, almost 60 percent of the cost-recovery system for long-term sustainability of plastic waste is not collected. In China, Indonesia, the system. These expenditures are almost always the Philippines, Thailand, and Vietnam, the bulk of substantially higher than capital costs and are often plastic extraction for recycling takes place at points of the most challenging to sustain. Even when capital aggregation, rather than at individual households— costs are accounted for (often funded separately), leading to this figure of almost 60 percent of the operating expenses can easily account for 70 percent plastic waste not being collected (GAIA 2019; Ocean or more of the total required budget for SWM. Conservancy 2017). The current practice of at-source segregation, 4. Lack of recycling capacity separation, and recovery of recyclable waste also varies Small and medium enterprises (SMEs) account for the by area depending on the degree of enforcement largest sector of the Philippine plastics value chain. imposed by the barangay or the LGU. This leads They typically struggle to meet the requirements of to significant variations of effectiveness in terms of multinational buyers from the packaging sector on segregated waste quantity, quality, and coverage, the volume and quality of feedstock and the buyers’ resulting in excessive litter and increased volumes demands in terms of finances and operational quality of mixed waste. (World Bank 2021c). As such, they are not able to capitalize on the growing demand at the global level for 2. Inadequate infrastructure for segregation, recycled resins. These challenges include the following recovery, and recycling (Ocean Conservancy 2017; World Bank 2021c): It is difficult to secure land to build MRFs and sanitary Stock quantity requirements landfills, particularly in urban areas where there is limited land availability. More generally, the difficulty • The level of feedstock is not enough to serve large of securing land is attributed to the limited LGU funds buyers or make the business viable. SMEs may to buy land and the convoluted process to procure need to rely on imported waste if their business public land due to unclear land classification and has not yet been affected by the lower prices of stringent land-use laws, especially in highly urbanized virgin resin. areas. There is also the challenge of the negative • Contracts to harvest feedstock from local sources perception of residents concerning SWM facilities require strong (insider) relationships with LGUs. within their vicinity. Even then, these contracts have a short lifespan. Regarding recycling facilities, current legislation does They are co-terminus with the three-year term not require the provision of public infrastructure for of the local government administration, assuring recycling. As such, only MRFs and sanitary landfills businesses of feedstock only for a short term. dominate the public infrastructure scene on SWM, and Stock quality requirements no proposals are seen related to public recycling facilities • Given the poor segregation practices and poor based on recent submissions to the Public Investment packaging design that complicate the recycling Program and Three-Year Rolling Infrastructure Program process, contamination rates of up to 20 to 30 of the government. The few existing and upcoming percent of the feedstock received within the recycling facilities/projects are private-led. Philippines are observed. SMEs may need to rely on imported waste to fill their quota if their 20 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action business has not yet been affected by the lower Commission – Workers in the Informal Sector prices of virgin resin. (NAPC-WIS) representative provided the following • SMEs rarely have the funds to purchase and operate information: While some LGUs and civil society groups advanced recycling technologies such as those have been helping local cooperatives or women’s needed for producing food-grade recycled resins. groups collect low-value recyclable plastics and convert They also need to secure FDA certification— them into bags and other handicrafts (downcycling), whose regulations/guidelines remain unclear—to there has been no systematic separation and recycling ensure that the resins are safe for food contact of low-value recyclable plastics. In addition, while applications. In fact, there is currently no local downcycling of sachets and other low-value plastic production of food-grade recycled polyethylene recyclables may have positive social impacts in local terephthalate (PET) for local consumption or communities, it falls far short of capturing the full exports. The Indorama Ventures plant is only potential value of plastic recycling to make it a sufficient expected to begin operations in 2022. This is a and viable program. large hindrance considering that the demand for 6. Lack of integration of the informal sector in food is a major driving force behind the increasing the plastic value chain demand for plastics in the country. In fact, the revenue generated by the food industry has almost While the informal sector serves as the backbone of doubled from US$11,980 million in 2010 to around plastic waste collection and recycling in the Philippines, US$20,245 million in 2019. Directing plastic waste the sector lacks financial resources, incentives, skills, for food contact applications can secure higher and technology to increase and improve its capacity, margins for the plastic waste industry than if the stability, and productivity. These individuals and groups collected plastic waste were diverted to other are also not integrated into the plastic value chain. end-use applications or co-processing. 7. Lack of readily available information on Other buyer requirements. government support for investments in • SMEs usually lack liquidity and are unable to meet recycling technology and capacity the environmental, health, and safety compliance Information on available incentives for recycling and standards of their operations. good practices is not easily accessible. At present, the only publicly available document with provisions 5. Poor quality of collected plastic waste related to plastic waste reduction is the Investments Priority Plan of 2020 (IPP 2020). IPP 2020 identifies A major challenge for producing recycled plastic green ship recycling based on international standards products is that 61 percent of the packaging mix in the and privately owned MRFs as eligible for incentives Philippines is composed of low-value flexible packaging under the environment and climate-change related (for example, sachets) (World Bank 2021c). The high projects. presence of flexible packaging can be attributed to the current business mindset of innovation and The CREATE Act was passed into law on March 26, cost optimization. While dematerialization results in 2021. The CREATE Act’s purpose is to grant tax relief a significant reduction of plastic used, the positive for companies in financial need, provide transparent effect is countered by the resulting poor recovery tax provisions and further increase the competitiveness and recyclability rates of the collected waste (Mordor of the Philippines. The Act is part of the corporate Intelligence 2020). fiscal reforms undertaken by the country since 2019. Its implementing rules and regulations have yet to be The average material value of this kind of waste is finalized alongside a Strategic Investments Priority often not high enough to motivate collection and Plan (SIPP). Experts interviewed indicate that the list diversion, especially in remote areas considering the of projects identified in the 2020 IPP will be carried high transportation costs in the Philippines (GAlA over into the SIPP. 2019; Ocean Conservancy 2017). These packaging materials are also difficult to recycle since they have Scant information on incentives to the recycling industry different plastic components with differing processing include the granting of “pioneer status” to PET Value requirements. Consultations with a National Anti-Poverty Philippines in 2021 as the country’s first bottle-to-bottle, food-grade recycling facility. According to Executive Chapter 4. Inventory and Analysis of National Laws and Policies on Solid Waste Management and Plastic Waste Reduction | 21 Photo: Shutterstock / Wirestock Creators. Order No. 226, “pioneer status” refers to a preferred There is also lack of a clear interagency approach to area of investments that recycling within the NSWMC. • Involves manufacturing or processing on a Beyond the information provided above, there is commercial scale and not merely the assembly no clear government plan or support to advance or packaging of goods or raw materials produced plastics management in the Philippines, including outside the Philippines; or recycling. This situation challenges the ability to • Uses a design, formula, scheme, method, process, build a business for investments in recycling, which or system of production or transformation of any would create opportunities for plastic recycling, the element or raw material or finished good that is production of value-added recycled products and the new and untried; or introduction of improved services and technologies. • Engages in agricultural activities/services essential The Plastics Industry Association of the Philippines to the achievement of the country’s self-sufficiency is currently drafting a plastics industry roadmap. This program; or study requested a copy of the roadmap, but the industry source was reluctant to share a copy since the draft • Produces nonconventional fuels or manufactures has not been completed and shared with Association equipment that utilizes nonconventional sources members. Points raised in their advocacy regarding of energy; or plastics waste management include the following: • Conforms to other specific criteria as provided for • Regulation and responsible use through 3R (reduce, in the annually drawn investments Priorities Plan. reuse, and recycle) and not through banning; The P2.28 billion multiphase project is a partnership • Anti-littering and waste segregation campaign; between Coca-Cola Beverages Philippines, Inc. (the • Focus on resource recovery for recycling in line bottling arm of Coca-Cola in the Philippines) and with RA 9003; Thailand-based Indorama Ventures. This partnership is intended to produce more-sustainable packaging • Accredit junk shop and recyclables dealers and innovations and to help improve the collection and require them to accept no-value or low-value recycling rates of polyethylene terephthalate (PET) recyclables (consolidated sale); plastic bottles. • Integration of SWM in school curricula; 22 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Private-public sector initiative for information, the foundation for NSWMC to include plastic soft education, and communication; and drink straws and plastic coffee stirrers in the list of • Increased government, private, and NGO linkages NEAPs (based on feedback from the May 2021 DENR and partnerships for concrete programs (for consultation). example, financing plans for SMEs to upgrade In addition, NSWMC passed Resolution No. 1363, their technologies). directing the DENR to prepare and implement the ban of unnecessary SUPs by NGAs, local government The advocacy plan—as depicted in a June 2020 offices and all other government-controlled offices. PowerPoint presentation during a stakeholder The Resolution listed seven SUPs that are considered consultation on the draft National Plan of Action for unnecessary as part of the solid waste avoidance the Reduction of Marine litter (NPOA-ML)—is a step in and minimization strategy of the government. It is the right direction. However, it does not fully address unclear whether this resolution has been adopted and the challenge of unlocking the potential of up to implemented because the representatives from the US$1.1 billion per year in material value from recycling recycling and manufacturing industries respectively plastics (World Bank 2021c). It needs government voted to oppose the resolution, while the representatives enabling policies and clear commitment to realize from the DOST and Trade and Industry respectively this potential. abstained from voting (NSWMC 2020). 8. Absence of robust policy to address A significant number of local governments in the problematic and unnecessary SUPs Philippines have passed ordinances regulating the use and imposing levies on SUP products (NSWMC 2013). RA 9003 Section 29 stipulates that within one year from A 2021 online article of the Philippine News Agency the enactment of this Act, the Commission shall, after reported that there are 489 cities, municipalities, and public notice and hearing, prepare a list of non-en- provinces in the country that have issued SUP-related vironmentally acceptable products as defined in this ordinances in the past 10 years (Philippine News Agency Act that shall be prohibited according to a schedule 2021). Despite these efforts, there seems to be very that shall be prepared by the Commission. It also limited information that shows the effectiveness of the adds that non-environmentally acceptable products bans on reducing plastics and litter or even diversion shall not be prohibited unless the Commission first from landfills in the country. finds that there are alternatives available to consumers at no more than ten percent greater cost than the In the absence of national laws on plastics waste disposable product. management, legislative bills were filed at the 18th Congress (CY 2021) focusing on regulating The implementation of this mandate took effect the production, importation, sale, provision, use, incrementally with NSWMC issuing Resolution No. recovery, collection, recycling, and disposal of SUPs 9-2006, creating a Technical Working Committee for and providing penalty, levy and incentive systems Phasing out NEA (Non-Environmentally Acceptable) for industries, business enterprises and consumers. Products and Packaging Materials and Resolution No. Worth noting is House Bill Number (HB) 9147 that 19, Series of 2009 adopting the Guidelines on the seeks to regulate the production, importation, sale, Phasing Out of Non-Environmentally Acceptable distribution, provision, use, recovery, collection, recycling (NEA) Products and Packaging Materials. Insofar as plastics are concerned, the following products were and disposal of SUPs, HB 9171 (on taxation) and HB identified for assessment: plastic packaging (sando 33 (on plastic labeling). bags, polystyrene, laminates, and sachets), including The CCC and the DOF (see DOF 2021) have actively food containers and baby products with phthalates promoted the ban of SUPs as a way to advance (NSWMC 2013). sustainable solid waste practices and curb plastics It was only during the last quarter of 2020 that the pollution. DOST conducted a rapid assessment focused on The issues cited above relate to a combination of single-use plastic straws—commonly used for soft drinks, poor enforcement and major gaps in RA 9003. Table coffee stirrers and equivalent alternative materials. 4 presents the provision of RA 9003 which relate to The findings of the rapid assessment were shared in recycling and plastic waste management and the gaps a public consultation in January 2021 and provided which need to be addressed. Chapter 4. Inventory and Analysis of National Laws and Policies on Solid Waste Management and Plastic Waste Reduction | 23 Table 4. GAPS IN RA 9003 THAT ARE RELATED TO RECYCLING AND PLASTIC WASTE MANAGEMENT Current RA 9003 Provisions Gaps in Relation to Recycling and Plastic Waste Management Local Government Solid Waste Management Provisions for monitoring of the plan—notably recycling and waste Plans (Section 16) processing—were not provided. Waste Characterization (Section 19) Provisions for the separate identification and quantification of all plastic types including SUPs. Establishing Mandatory Solid Waste Diversion Operational definition of waste diversion was not provided. (Section 20) Mandatory waste segregation at source Provisions for monitoring were not provided; Filipino cultural views (Sections 21–22) regarding waste management were not considered. Establishment of LGU Materials Recovery The geography and capacity of the barangays, waste generation Facility (Section 32) and collection capacity, realistic operation and maintenance, and competition with existing junk shops were not considered. Mass balance of the facilities was not required. Collection and transport of solid waste Barangays were made responsible for waste collection without (Sections 23–25) and Section 3. Components considering the capacity of these government units. and Elements of Local Government Solid Waste Management Plans of the IRR Recycling programs (Sections 26–33), which Role of the informal sector was not defined and provisions for have provisions on eco-labeling, reclamation, integration into the SWM system were not included. and buyback centers for recyclables, nonen- Formulation of recycling standards was not required in the vironmentally acceptable products (NEAP), subsequent IRR. establishment of LGU MRFs, and other aspects of recycling market development Waste management facilities (Sections 36–42), Limited provisions to support proper O&M of facilities. which include prohibition against the use of Formulation of industry-based standards for O&M was not required open dumps for solid waste and the siting, in the subsequent IRR. establishment, and operation of sanitary landfills (SLFs) Solid Waste Management Fund (Section 46) The Solid Waste Management Fund in the National Treasury, which could have been accessed to finance the implementation of solid waste management projects including recycling facilities, has not been established. 4.3 LAWS AND POLICIES THAT COULD in sanitary landfills. To achieve the target, key PDP POTENTIALLY SUPPORT THE EFFECTIVE strategies to improve SWM are the following: IMPLEMENTATION OF RA 9003 • Enforce the compliance of LGUs to RA 9003; The plans and policies that can effectively support the • Promote the practice of the 3Rs and proper waste effective implementation of RA 9003 are presented management (segregation, collection, transfer and as follows: transport, processing and recovery and disposal); • Promote strategic clustering of sanitary landfills 4.3.1 Existing Plans and Policies and SWM technologies to address their large The Philippine Development Plan (PDP) capital requirement, and allow low-income LGUs to The PDP for 2017–2022, which was published by pool their resources to finance such facilities; and NEDA, targets a national solid waste diversion rate • Provide alternative livelihood activities for waste of 80 percent by 2022. This means that 80 percent of pickers in the remaining dumpsites identified for solid waste generated by households, industries, and closure. commercial sectors should be recycled, recovered, or reused, and only 20 percent shall be disposed of In addition, sustainable consumption and production are promoted through the following initiatives: 24 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Formulate a “polluters pay” policy and implement production, and encouraging cost-effective financing, corresponding measures; as well as providing a roadmap to further strengthen • Establish a sustainable market for recyclables and LGU capacities. The NPOA-ML has yet to be approved recycled products; by the DENR Secretary. • Strengthen the certification of, and establish National Budget Call for FY 2022 information systems for, green products and The call lays out the guidelines for preparing the services; national budget for FY 2022. Among other things, • Strengthen the implementation of the Philippine the call highlighted the national government’s plan to Green Jobs Act (RA 10771); fully devolve select functions of the Executive Branch to LGUs by 2022. This comes in light of the Supreme • Promote green procurement in the public and Court ruling on the joint Mandanas-Garcia petitions private sectors; and (G.R. Nos. 199802 and 208488, July 3, 2018), which, • Strengthen the promotion, development, transfer, when rolled out beginning in 2022, will prompt LGUs and adoption of eco-friendly technologies, systems, to receive a substantial increase in IRA. With increased and practices in the public and private sectors by funding, LGUs are expected to be responsible for the increasing access to incentives and facilitating ease funding and delivery of functions that should have of doing business and other related transactions, already been fully devolved to them under the LGC. among others. Given the planned devolution, the budget call for FY 2022 instructs the NGAs to focus on the development The creation of the next PDP can provide a window of of policies and standards and the provision of technical, opportunity to review the diversion target and ensure monitoring and implementation assistance to the the proper implementation of the recommendations LGUs, and explore cost-sharing arrangements in the above. implementation of devolved programs and projects. National Plan of Action for the Prevention, Reduction This will mean shifting to more of an oversight role for and Management of Marine Litter NGAs instead of being at the core of public service The Philippine government through DENR has finalized delivery. The expected funding could potentially the NPOA-ML whose overarching goal is “Zero waste provide additional budget for SWM/plastics reduction/ to Philippine waters by 2040” to support the vision recycling programs depending on the LGU budget of “A Philippines free of marine litter through shared priorities and capacity to manage the transition and participation, responsibility, and accountability.” The related budget requirements with technical support plan is a strategic document providing overall direction, from relevant NGAs like DENR. indicators, and targets to manage and minimize marine debris, including plastics. Its main strategies include 4.3.2 Pending Legislative Bills on SUP establishing science- and evidence- based baseline Regulation, Taxation, and Eco-labeling information on marine litter; promoting circular The following actions could potentially address economy and supporting sustainable consumption plastics waste reduction in the country: Considering and production; enhancing recovery and recycling a combination of regulatory approaches to limit or coverage and markets; preventing leakage from manage the use of SUPs. These approaches include collected or disposed plastic waste into water bans and restrictions (HB 9147); use of economic bodies; implementing a sea-based litter prevention instruments (HB 9171); and application of standards, and management program; and institutionalizing a certification, and labeling (HB 33), including options management program for marine litter. The plan also for postconsumer use such as recycling and reuse calls for the adoption of national-level laws and policies and soft measures, such as improving capacity and to address marine litter, including the improvement public awareness. of recycling and waste management operations. However, various government agencies, the private The plan was developed in part to help strengthen the sector, and other stakeholders have raised a number of implementation of RA 9003—particularly on enhancing critical factors for consideration in the development and recovery and recycling coverage and markets, promoting refinement of national law(s) proposed to regulate, tax, circular economy and sustainable consumption and and label plastics or during preparation of Implementing Chapter 4. Inventory and Analysis of National Laws and Policies on Solid Waste Management and Plastic Waste Reduction | 25 Rules and Regulations. These considerations include • Monitoring and assessing the environmental and the need to do the following: socioeconomic impacts on stakeholders; and • Conduct baseline assessments to obtain a better • Provision of technical and capacity-building understanding of which SUPs are the most prevalent assistance to LGUs aligned with the proposed and problematic in the Philippines and to identify LGU-assistance component of the NPOA-ML, as the sources, extent, impacts of mismanagement; well as the Budget Call for FY 2022 for NGAs to • Conduct science-based or evidence-based studies provide technical assistance to LGUs to effectively to identify the most problematic SUPs for phaseout; perform their devolved SWM functions. • Research and develop technology transfers of 4.3.3 Enabling Plans and Fiscal Opportunities affordable, accessible, and sustainable alternative to Improve RA 9003 SWM Implementation in materials and products; the LGUs • Conduct life-cycle analyses for SUPs and their Beyond the day-to-day SWM operational and capacity alternatives; challenges for LGUs, there is a fundamental issue • Monitor, evaluate, and report on the progress of for the training and capacity building needed to policy interventions and management programs effectively understand the roles and requirements over time; of LGUs’ devolved functions under the LGC. • Schedule the phaseout period and effective dates Under the LGC, LGUs have several SWM-related re- of SUP product bans; and sponsibilities including the following: • Provide technical assistance and meet the ca- • Development of an efficient and effective system pacity-building needs of local governments for solid waste collection and disposal; to strengthen their capacities in the local • Provision of basic services and facilities for servicing implementation of SWM programs and plastic the needs of local residents; waste reduction measures. • Industry-related research and development, Annex E presents a detailed discussion of factors to including technology transfer; consider in developing legislation on SUPs. • Provision of investment support services, including The issues identified above are not easy to resolve within access to credit financing; and the less than one-year target of passage into law by • Enforcement of pollution-control laws. the bill’s proponents, especially under the conditions of the COVID-19 pandemic. Further consideration The three-year political cycle for LGUs requires regular is warranted on the targeted passage of these bills training and capacity building following the change into law within the next few months, versus building of administration at the barangay, city, and provincial consensus on the objectives, targets, timeframes, levels. Interactive training, LGU to LGU study exchange roles, and responsibilities, and the environmental and other forms of technical assistance requires and socioeconomic impacts among stakeholders. If funding. Public bases to explore sources of funding the bill is enacted, further effort is required for the for technical assistance to LGUs include NPOA-ML, following: which identifies strengthening LGU capacity as one • Development of the implementing rules and of its enabling actions; the proposed SUP bills; and regulations; the national budget call for FY 2022. • Awareness raising and information dissemination on the law‘s objectives, targets, timeframes, roles, and responsibilities; 26 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Chapter 4. Inventory and Analysis of National Laws and Policies on Solid Waste Management / Waste and Plastic Photo: Shutterstock Reduction Chanchai | 27 Phetdikhai. CHAPTER 5: APPROACH TO ZERO PLASTIC OCEAN POLLUTION A s indicated in the preceding sections, much of the policy discourse on plastic waste reduction in the Philippines has focused on either upstream solutions (banning SUPs, material redesign, and plastic reduction and substitution) or downstream solutions (recycling and disposal). The BAU scenario and the policy review indicate that this is a false dichotomy. Upstream solutions that aim to reduce or substitute plastic use are critical and should be prioritized but will need to be scaled carefully to limit adverse social or environmental effects. For example, an SUP ban can reduce problematic and unnecessary plastic products (for example, plastic bags, straws, and plastic stir sticks) but will be challenged to reduce food wrappings because of food safety and public health issues, among others. Such wrappings represented approximately 50 percent of the plastic waste types found in the World Bank field survey. Similarly, downstream solutions are essential but limited by economic viability and the realistic speed of infrastructure development in the face of growing plastic waste production. Moreover, given the potential negative impacts on human health and the environment of some downstream disposal technologies, their application should be weighed against different trade-offs and carefully controlled. In sum, modelled on their own, no “single-solution” policy or strategy can be expected to achieve a target of zero plastics going into the ocean over the next ten years. It is evident from the World Bank and other studies on solid waste management and plastics recycling that technology is not the main impediment preventing the Philippine government from addressing its ocean plastics crisis. Instead, it is the combination of a fragmented policy framework, lack of enforcement of existing regulations and limited experience in the application of innovative business models and funding mechanisms. Although technical solutions exist, incentives (as well as disincentives for BAU practices) are not effectively in place to induce the scale-up of required changes fast enough. Achieving the vision of zero ocean plastic pollution in the country will require policies to steer technological advances, introduce innovative and new business models, and provide access to additional financing. Most crucially, achieving this goal requires accelerating both upstream and downstream innovation to move to a productive scale. This massive innovation scale-up requires a focused and collaborative effort of both the public and private sectors that could help the country move away from an unsustainable BAU model. Solutions will require the following: • Appropriate policies to reduce and eliminate the leakage of plastics to the ocean; 28 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Elimination of, or replacement of, problematic captures the waste stream and stops the leakage of plastics with new materials or new delivery models; plastics. As other pathways develop, new and expanded • Enhanced plastics sorting infrastructure and recycling facilities will process increasing volumes of recycling infrastructure; recyclable plastics (Pathway 3), and the percentage of nonrecyclable plastics will decrease (Pathways 2 • Enhanced marketing of value-added products of and 4). During the transitional period, residual plastic the recycling industry; and waste diverts to end-of-pipeline options, including • Inspiring public-sector and private-sector storage in sanitary landfills and use as RDF in cement stakeholders and individual community members to kilns. This pathway also addresses the integration make the transition to a plastics circular economy. of the informal workers into the plastic value chain through the provision of formal employment, improved An integrated approach that delivers the benefits of working conditions, basic health coverage, access to today’s plastics is proposed to significantly reduce social programs such as skills retooling and alternative ocean plastic pollution. Figure 3 presents a combination livelihoods skills for workers and their families. of measures across four pathways to prevent plastics from entering the ocean. It is based on this study’s Several enabling conditions can help accelerate the analysis of the current situation in the Philippines and scale-up of Pathway 1 to achieve its full potential. is presented across a reasonable timeline. However, These include: action on all fronts must start now, given that some • Improved monitoring and enforcement of measures will take longer than others to be impactful. existing waste segregation, collection, diversion, Annex F presents a background summary table on the and residual disposal regulations. This will not issues and policy recommendations in this approach only increase compliance with RA 9003 and its to zero plastics to the ocean. local ordinances, but also provide data and The integrated approach consists of four main pathways: other information on the operation of the waste Pathway 1: Capture and contain; Pathway 2: Remove management system, reduce leakage and illegal problematic SUPs; Pathway 3: Develop recycling and dumping of waste, and boost the value of the r-manufacturing (reduce-reuse-recycle manufacturing) waste stream. targets; Pathway 4: Design for plastic circularity. • Review contractual agreements and arrangements with waste-collection operators (for example, 5.1 CAPTURE AND CONTAIN ALL WASTES contract duration and performance-based remuneration) to incentivize investments in This pathway focuses on expanding the collection equipment, vehicles, and human resources to of plastics waste as an integral component of SWM improve the coverage and quality of segregated systems by: waste collection and the prevention of leakage • Incentivizing in-house waste segregation; and illegal dumping. • Rigorously and consistently enforcing RA 9003 • Apply system-focused segregation and collection, standards for segregation, collection, recycling, such as scheduling the frequency of collection of diversion, and residual storage and disposal; wet (organic biodegradable), dry (recyclable) and • Implementing arrangements with the plastics hazardous wastes, and/or providing equipment industry and other manufacturers to cost share and vehicles with separate compartments for the and develop sustainable financing mechanisms to collection of segregated wastes. support investments in capturing and containing • Advance voluntary EPR schemes to help finance recyclable plastics; and the collection of plastic waste (that is, branded • Applying the polluters pay principle to carry postconsumer packaging and products) as part eventual additional costs caused by the manufacture of a system-focused segregation and collection and distribution of plastics and plastic packaging process managed by the local government. Such materials. collaborative efforts would more clearly inform the government about the plastic industry’s The objective is to operationalize an optimized solid position and performance on plastics reduction waste segregation and collection system that adequately and recycling, as well as provide the proof of Chapter 5: Approach to Zero Plastic Ocean Pollution | 29 Figure 3. INTEGRATED APPROACH TO ZERO PLASTICS TO THE OCEAN Source: World Bank. 30 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Note: In this context, “r-manufacture” refers to production processes that reduce, reuse, and/or recycle plastics. concept for impactful and comprehensive national Other enabling conditions to help accelerate the EPR legislation in the future. reduction in problematic SUPs include • Promote and incentivize households to collect • Establishing a holistic approach to reduce plastic and segregate at source through information, production and consumption rather than simply education, and communication, and by sharing replacing them with other short-lived materials. the benefits (social, economic, and financial) of In addition to SUP bans on problematic and collected and recycled products (for example, unnecessary SUPs (Pathway 2), related actions inclusive benefit sharing). include decreased plastic usage (for example, product redesigns and reduced overpackaging), 5.2 REDUCE PROBLEMATIC SUPs consumer reuse models (that is, switching from SUPs to reusable items like washable utensils and While measures targeted at waste collection can reduce tableware) and new product delivery models (for ocean plastic leakage, there is also a need to reduce example, refill services, shifting products to services, the overall amount of plastic entering the system, e-commerce, and dispensers) (Pathway 4). specifically problematic and unnecessary SUP products • Assessing (that is, socioeconomic, financial, and and packaging that are large contributors to ocean environmental assessment) and defining SUP litter. The removal of problematic and unnecessary substitutes and alternative materials that meet resins from packaging can have an indirect impact functional requirements for specific applications on the economics of collection and have associated but are more easily recycled or composted after benefits from the efficiency of recycling. Reducing use (Pathway 2). Possible substitutes include paper, the amount of problematic and unnecessary material coated paper, and industrially compostable or in the value chain, especially material of particularly home-compostable materials. low-value or difficult to recycle, can simplify and improve collection and segregation (Pathway 1). • Working collaboratively with the packaging industry to take action and eliminate problematic plastic The current House Bills on plastic waste reduction packaging to move from single-use toward viable ban the production of a set of unnecessary plastic reuse models. The private sector would lead the products and packaging that are problematic in the removal of nonrecyclable plastics from packaging waste stream, leak to the environment, and/or are not and the government would act as a facilitator recyclable at scale. One of the enabling conditions to for discussion, enabling pilot tests of alternative be addressed in this pathway is a consensus among models in collaboration with industry leaders and the public and private sectors and consumers on ultimately legislating incentives or penalties on the definition and description of unnecessary and agreed problematic plastics. problematic SUPs. There is some concern about the current definition of SUPs and the lack of science and evidence supporting alternatives. An agreed definition 5.3 DEVELOP THE MARKET FOR is needed to clearly define applicable plastic items RECYCLING AND THE MANUFACTURING and ensure that viable and environmentally sound OF RECYCLED PRODUCTS alternatives are available at scale. This pathway targets a “pull” effect to improve the Challenges and enabling conditions addressed in economics of waste collection (Pathway 1). Evidence this pathway include enforceability of bans and the is visible for highly recycled plastics in the Philippines use of taxes and levies imposed on manufacturers, where established recycling markets for PET, PP, retailers, or consumers of SUPs. Taxes and levies are HDPE, and linear low-density polyethylene (LLDPE) a market-led measure that can disincentivize usage and low-density polyethylene (LDPE) ensure about of specific plastic products. However, their impact a 28 percent retrieval rate (World Bank 2021c). While is subject to debate, particularly when considering measures like recycled content standards, EPR and alternative options and their respective socioeconomic eco-design standards can help ensure consistent impacts and environmental footprints. Annex E provides and quality feedstock as well as strong demand from a full but concise discussion of the proposed bills in recyclers (Pathway 4), recycling markets need to be relation to the pathway. scaled up to meet demand. Chapter 5: Approach to Zero Plastic Ocean Pollution | 31 Several enabling conditions can help accelerate this • Optimized convenience and quality of collection system intervention and allow it to achieve its full services; potential, including: • Developed EPR schemes to provide price support Improved recycling economics (Pathway 3) through: for LGUs and the informal sector; • Increased demand for recycled plastic to meet • Increased source separation in collection systems voluntary public commitments by industry and policy through regulation; and requirements in terms of recycled content. This • Simplified source separation in collection systems would lead to higher prices for recycled content; through education, incentives, and improved • Access to technology for improved mechanical labeling standards. sorting and recycling; and One early measure to be addressed in this pathway • Gradually increased cost for virgin plastic via is the creation of opportunities for “implementation” taxation to the degree that recycling is more experiences. As stated earlier, the application of an financially competitive. integrated approach to SWM and plastics recycling— Increased and improved investments (Pathway 3) inclusive of innovative technologies, business models through: and sustainable financing mechanisms—is lacking in the country. External assistance is needed for on-the-ground • Targeted investment in recycling technologies, demonstration and learning from practical experience especially the types that have not yet reached so that local governments and the recycling industry commercial viability, including improved technology will be able to make the necessary advances on their to reduce sorting and recycling losses, address own. The national government—in partnership with capacity restraints, and create higher-quality output international development agencies and financial that meets food-grade standards. institutions, donors, and the private sector—need More investment in infrastructure capacity across to fill this gap and help the local governments pull local governments to accommodate increasing solid ahead of the ever-increasing burden of solid waste waste (Pathway 1). and plastics waste management. Higher demand for recycled content (Pathways 3 Investments in model or pilot demonstration projects and 4) through: in partnership with local governments and the plastics recycling industry will not only showcase the benefits of • Legislation and effective enforcement aimed at improved plastics recycling and manufacturing markets driving demand (for example, recycled content but also drive investments in scaling up across the taxes, virgin feedstock tax, minimum recycled country. This is seen as an essential step to create buy-in content requirements, and potential modulation conditions from other LGUs to eventually establish of extended producer responsibility schemes public-private partnerships (PPP). Properly documented according to recycled content); and monitored, fully scaled models will create fast • Public procurement policies that can leverage scale-up and replication conditions in other areas of volume to create increased demand for recycled the country and achieve best-possible implementation content and recyclable products; conditions for successful and optimized integrated • Industry commitments by plastic producers and SWM solutions. retailers; 5.4 DESIGN FOR PLASTICS CIRCULARITY • Long-term agreements with both the private and public sectors to guarantee demand for recycled This pathway addresses the decoupling of economic polymers and mitigate investment risks; and growth from plastic growth so that plastic consumption • Enhanced matchmaking mechanisms to enable per person is reduced, rather than the 50 percent secondary markets for recycled materials. increase calculated under the BAU scenario. Potential reductions include eliminating unnecessary items and Incentives and policies aimed at improving collection over-packaging; expanding reuse options that can systems (Pathway 1) through: replace the utility currently provided by plastic (for example, glassware), including products intended 32 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Photo: Shutterstock / MDV Edwards. for consumers to reuse (shopping bags, refillable buying sachets, but regulations—such as EPR with full containers); and new delivery models such as refill end-of-life cost recovery—could make recyclable rigid systems. plastic packaging less expensive than sachets in the Voluntary private-sector initiatives are more likely to future. New delivery models could also offer a better drive progress around eco-design in the short term alternative for delivering products to consumers. by driving short-term momentum in the market. For Several enabling conditions can help accelerate instance, several multinational companies including the implementation of Pathway 4. These actions are Danone, Nestlé, and PepsiCo have committed to making primarily medium term to long term. They include their packaging 100 percent recyclable, reusable, or • Policy interventions that promote the use and biodegradable by 2025 (Ocean Conservancy 2017). The increased value of recycled polymers and that Philippines government can support this commitment incentivize producers to develop products with by working with the private sector to enable policies end-of-use considerations (Pathway 3). Examples that encourage noncommitted companies to follow. include design for recycling standards; recycling To date, plastic reductions implemented in the targets; minimum recycled content targets; taxes Philippines have focused on bans and regulating on the use of virgin plastic feedstock; regulations plastic bags, straws, and other small-mass items. on certain pigments, polymers, and additives; The World Bank plastics field survey report and 2019 disclosure mandates; and regulation on the labeling GAIA report suggest that greater reductions could be of plastic products. achieved by focusing on the absolute mass of plastic avoided. For example, sachet packaging is an iconic • Greater industry collaboration and engagement, single-use, multilayer/multi-material waste item in the including Philippines. It makes up approximately 10 percent ö Development of new polymer production of plastic waste in the Philippines (GAIA 2019), and and packaging designs in coordination with after consumption, these low-value plastic materials recycling and sorting technology companies; are often not collected and are a major source of and ocean pollution. In some countries, such as India, market observations suggest that full-size bottles are ö Harmonization of materials and packaging currently more expensive per use for consumers than formats across companies. Chapter 5: Approach to Zero Plastic Ocean Pollution | 33 • Increased public-sector and private-sector research Sustainable Consumption and Production to promote and development investments in the design of the country’s transition to a circular economy, and the recycling and associated technology, including NPOA-ML to implement its 10-point strategy and investments in products that meet recycling actions to manage marine litter. See annex A for the specifications without sacrificing product safety, description of the plans. The pathways are intended stability, or purity. to identify practical ways to strengthen RA 9003 and provide inputs in the preparation of a new Philippine • Shifting consumer preferences, driving higher Development Plan (2023–2028). demand for recycled content and higher recyclability of plastic products. Furthermore, the pathways provide an opportunity to lead with integrated and sustainable solutions adapted • Voluntary commitments by producers and retailers to the Philippine context and based on lessons that to increase recyclability and integrate recycled can be adapted from East Asia, Europe, and the United content in plastic products. States. The pathways also intend to contribute to The experiences of other countries will help guide the securing the government’s international commitment development of this Pathway 4. Annex G summarizes to reduce pollution and manage solid waste under the relevant experiences. A starting point will be to conduct SDS-SEA (Partnerships in Environmental Management multistakeholder consultations and roundtable meetings for the Seas of East Asia 2018), the Association of South of experts to generate consensus on this integrated East Asian Nations (ASEAN) ministerial declaration approach to plastics waste reduction, building upon to combat marine litter (ASEAN 2019), UNSDG 14.1 the consultations done through this study. (on marine litter), and related agreements on climate change. The Philippine Climate Change Act of 2009 All pathways need to be accompanied by simultaneous (RA 9729) mandates LGUs to be the frontline agencies and calibrated efforts by government, industry, and in formulating, planning, and implementing climate other stakeholders to enable a “whole-of-government” change action plans in their respective areas. Moreover, and “whole-of-society” approach. waste management processes mandated by RA 9003 The integrated implementation of the pathways is (such as waste avoidance, waste segregation, reuse, aligned with the objective of the Philippine Development repair, recycling, and composting), when adopted Plan 2017–2022 to fulfill its waste diversion target of by the LGUs, automatically become a compliance 80 percent, the upcoming Philippine Action Plan on strategy to RA 9729. 34 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Chapter 5: Approach to Zero Plastic Photo: Ocean Pollution Shutterstock | 35 / Meryll. CHAPTER 6: SHORT-TERM RECOMMENDATIONS T his section provides a set of recommended interventions that address the policy and implementation gaps and shortcomings described in the preceding sections. The interventions below are designed to stem plastic waste and reduce leakage through immediate policy actions over the next two years. The recommendations are presented in a sequence of actions over the next two years that need to be achieved before other intervention solutions can be implemented. Table 5 presents these measures and the rationale for their implementation. Table 5. PROPOSED SHORT-TERM MEASURES TO IMPLEMENT THE PATHWAYS TO ZERO PLASTICS BY 2032 Pathway/Actions for 1–2 years Rationale Pathway 1. Capture and contain all wastes 1.1 Complete a comprehensive review and 1.1 The NSWMC administers a solid waste management assessment of existing collection, segregation, fund to implement RA 9003 and provide technical assistance diversion, and residual disposal practices. This to LGUs. However, the fund is not functional despite the includes a review on strengthening WACs compliance legal requirement to finance it through imposed fines and and refining monitoring and evaluation indicators permits, donations, and grants. More reliable and diverse with selected LGUs to enhance and validate the sources of funding must be secured to build up the fund knowledge and understanding of current capacities and finance the implementation of RA 9003. Prior to seeking and challenges, and to facilitate sound planning and additional funding for SWM, a comprehensive review is decision-making for optimized solutions. needed to improve operational efficiencies and related cost savings. 1.2 Support knowledge-based planning and de- 1.2 There is a lack of comprehensive and reliable data cision-making for optimized solutions through on LGU compliance with RA 9003 diversion and residual professionally prepared feasibility studies with disposal standards (for example, diversion of at least 25 selected LGUs focusing on collecting, containing, percent of all solid waste in 2001, with waste-diversion goals processing, and the residual management of 100 increased every three years thereafter). Similarly, information percent of the municipal solid waste from each on the locations, operating capacities and remaining selected LGUs, including the transition/adjustment working life of existing and planned sanitary landfills and issues and options and engagement of informal waste other approved residual disposal processes are lacking, workers in a formal waste management system. presenting an obstacle to national SWM planning and deci- sion-making. 1.3 Develop a nationwide harmonized segregation 1.3 Recyclers in the Philippines consistently reported standard and support mechanism. This includes challenges in sourcing high-quality plastics due to high technical assistance and financing for local contamination rates. At a bare minimum, segregating governments to promote, implement, and enforce MSW between wet (organic) and dry (inorganic) waste and a practical system of source segregation (for hazardous waste will significantly reduce contamination, example, households, industries, and commercial as organic waste is the main contaminant of recyclables enterprises) and the efficient and effective collection recovered from the MSW system. Effective and efficient of segregated waste materials. collection ensures higher operational efficiencies and cost-savings for waste collectors. 1.4 Replicate and scale up good practices and 1.4 Facilitating LGU-to-LGU practical training and capacity experiences in comprehensive SWM assessment, building based on real-life experiences has proven to be planning, and decision-making to LGUs across the a “best practice” in the sharing of knowledge and good country, including mainstreaming informal waste practices. workers. 36 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Pathway/Actions for 1–2 years Rationale Pathway 2. Reduce problematic SUPs 2.1 Conduct a thorough science-based assessment RA 9003 is the main law that addresses solid waste of the most prevalent and problematic SUPs and management as a whole. However, it is unable to address alternative products and services to phase out and the specific challenges of plastic wastes, especially in replace problematic SUPs. This includes consideration dealing with nonrecyclable plastics and low-value plastic of socioeconomic, environmental, and cultural waste that makes up about 10 percent of total municipal barriers and challenges, in collaboration with industry. solid waste and often ends up as litter (NSWMC 2019). 2.2 Establish voluntary targets and objectives with In response to this policy gap and to address the producers of plastics and plastics packaging for inextricable links between plastics pollution and climate phasing out problematic SUPs and set in place an change, a number on bills on SUPs have been filed in the industry-led system for monitoring and assessing 18th Congress to regulate the production, use, recycling, progress towards voluntary targets. and disposal of SUPs. Discussions and negotiations are ongoing driven by the CCC and the DOF. 2.3Implement the phaseout of an initial priority list of unnecessary and problematics SUPs (that is, There is a need to provide expert information and studies low-hanging fruit). This includes engaging relevant to ensure the SUP legislation is robust, science-based, and national and local governments, government enforceable. Annex E presents discussions on the factors to agencies, industry, consumers, and other stakeholders consider in crafting robust legislation. in the plastics value chain, putting in place an effective monitoring to enable enforcement and to assess the benefits and impacts of such phaseouts. 2.4 Conduct a valuation study on the impacts of applying taxes and levies on unnecessary and problematic SUPs where acceptable alternatives do not exist. This includes an analysis of potential market-based instruments (such as taxes, fines, and fees for using SUP products) to encourage behavioral change by industry and consumers. Pathway 3. Develop the market for recycling and the manufacturing of recycled products To be done cognizant of the comprehensive assessment and feasibility studies conducted under Pathway 1: 3.1 Develop and compare options for advancing the 3.1 The immediate step under Pathway 3 is to develop and recycling and manufacturing industry as an integral operationalize full-scale facilities and technologies that will component of SWM in the selected LGUs covering, advance solid waste management and plastics reduction for example, and management. Using individual LGU or clustering of LGU approaches to achieve economies of scale, the pathway • Sanitary landfilling with minimum recycling targets a quantified analysis of salient technical, financial, (BAU); • Mixed waste incineration-to-energy from legal, socioeconomic, and environmental aspects of various options that will achieve RA 9003 and related environmental waste facility; and standards and objectives for solid waste, plastics reduction, • Fully integrated waste management and and marine litter. plastics recycling system. • Develop and secure markets for r-resins (recyclable resins) and take-off volumes (volumes needed to make buy-in attractive): Forge buy-in conditions and commitments of major manufacturers to accept produced r-resins, which is a key factor to immediately kick off a financially viable recycling operation. • Identify options for financing and managing the integrated facility, including government, industry, private sector, financial institutions, investors, and donors. • Implement pilot integrated waste management and plastics recycling projects in collaboration with concerned LGUs, partners, and investors. • Monitor progress and evaluate the impact and benefits of the integrated facilities, using them as learning sites for upscaling and replicating such facilities elsewhere. Chapter 6: Short-Term Recommendations | 37 Pathway/Actions for 1–2 years Rationale 3.2 Develop and adapt recycled content and labeling 3.2 Currently, there are no minimum recycled content standards for plastic products in collaboration with standards or requirements in the Philippines. However, industry and through legislation (a bill on eco-labeling there are product standards related to plastics set by the is currently pending). Department of Trade and Industry’s Bureau of Product Standards, which need to be reviewed. The draft NPOA-ML has identified the review and development of recycled content standards under one of its programmatic actions on enhancing recovery and recycling coverage and markets. Pathway 4. Design for plastics circularity 4.1 Build consensus on end-of-product-life solutions 4.1 This pathway addresses the decoupling of economic for nonrecyclable plastics: growth from plastic growth, so that plastic consumption per person is reduced rather than having the 50 percent • Convene multi-stakeholder consultations with NGAs, LGUs, industry, international development increase calculated under the BAU scenario. Potential partners, and civil society to secure commitments reductions include eliminating unnecessary items and over- packaging; expanding reuse options that can replace the and investments to implement “zero plastics to utility currently provided by plastic (glassware), including the ocean.” • Work with key industry players (for example, Coca products intended for consumers to reuse (shopping bags, refillable containers); and new delivery models such as refill Cola, Danone, Nestle, and local businesses) to systems. curb the expansion of virgin plastic production through voluntary corporate commitments and Prior to developing policy and other enabling actions to demonstrations of recycled content in plastics implement the above, it is important to conduct dialogues products (linked to Pathways 1–3). and engage with relevant stakeholders, particularly industry players to commit to implement pathways to zero plastics. The above short-term actions are identified in the The impact of a delay is evident in the BAU scenario, Integrated Approach to Zero Plastics to the Ocean, meaning that the next two years are crucial for which addresses how the two main policies in focus— implementing an ambitious set of “no regret” actions the existing SWM Act (RA 9003) and the proposed so that key measurable milestones across the four legislative bills on SUPs—can be effectively harnessed pathways can be achieved by 2024. Only by achieving and implemented to support plastics waste reduction. key short-term milestones can the groundwork be laid for the further solutions required to achieve the 2032 target. 38 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Short-Term Chapter 6:Photo: Recommendations Shutterstock | 39 / MaeManee. REFERENCES ADB (Asian Development Bank). 2019. 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WWF-Philippines (World Wide Fund for Nature – Philippines). 2020. EPR Scheme Assessment for Plastic Packaging Waste in the Philippines. WWF-Philippines. https://wwf.org.ph/wp-content/ uploads/2021/03/WWF_REPORT_EPR_Philippines_11Mar21.pdf. REFERENCES | 41 APRIL 2022 42 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action East Asia and Pacific Region: MARINE PLASTICS SERIES Appendices REDUCING PLASTIC WASTE IN THE PHILIPPINES  An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Copyright © by International Bank for Reconstruction and Development / The World Bank 1818 H Street NW, Washington DC 20433 Telephone: 202-473-1000, Internet: www.worldbank.org This work is a product of staff at The World Bank with external contributions. The findings, interpreta- tions, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments they represent. The World Bank does not guarantee the accuracy, completeness, or currency of the data included in this work and does not assume responsibility for any errors, omissions, or discrepancies in the information, or liability with respect to the use of or failure to use the information, methods, processes, or conclusions set forth. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of any territory or the endorsement or acceptance of such boundaries. Nothing herein shall constitute or be construed or considered to be a limitation upon or waiver of the privileges and immunities of The World Bank, all of which are specifically reserved. Citation: World Bank. 2022. Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action. Washington DC. Rights and Permissions The material in this work is subject to copyright. Because The World Bank encourages dissemination of its knowledge, this work may be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. Any queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. Appendices REDUCING PLASTIC WASTE IN THE PHILIPPINES  An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action This set of annexes presents the main points of the research to help frame the project’s consultations with national government agencies and other policy actors. The document also provides summaries of the reviews that support the main report’s various sections. CONTENTS ANNEX A: MAIN POLICY AND REGULATORY LANDSCAPE ON PLASTIC WASTE MANAGEMENT IN THE PHILIPPINES...............................6 ANNEX B: LIST OF RELEVANT STAKEHOLDERS FOR PLASTIC WASTE MANAGEMENT ........................................................................................11 ANNEX C: SUMMARY TABLES USED DURING CONSULTATIONS ON FACTORS AFFECTING COLLECTED-FOR-RECYCLING RATES IN RELATION TO PHILIPPINE LAWS AND POLICIES.................................. 22 APPENDIX D: SUMMARY TABLES USED DURING CONSULTATIONS ON FACTORS AFFECTING VALUE YIELD OF PLASTIC RECYCLING IN RELATION TO PHILIPPINE LAWS AND POLICIES..................................30 ANNEX E: FACTORS FOR CONSIDERATION IN LEGISLATING SINGLE-USE PLASTIC MANAGEMENT........................................................... 37 Reduce problematic single-use plastics ..................................................................................................... 45 ANNEX F: SUMMARY OF POLICY ISSUES AND RECOMMENDATIONS ON THE PROPOSED PATHWAY TO ZERO PLASTICS BY 2032..............56 Pathway I. Capture and contain.....................................................................................................................56 1.1 Increase public and private financing for solid waste collection and management (1–2 years).......................................................................................................................................................................56 1.2 Refine/apply standardized approach to household waste segregation (1–2 years)..........................57 1.3 Improve and scale up sanitary landfills and other residual disposal alternatives (1–3 years).......58 1.4 Rigorously enforce segregation, collection, diversion, and residual disposal standards (1–3 years).......................................................................................................................................................................58 1.5 Integrate the informal sector into the collection and recycling system (1–3 years).........................59 1.6 Pilot models of locally relevant parallel EPR schemes (for example, alternative delivery) and adopt a national EPR scheme that incorporates good practices and lessons from pilots and a voluntary approach (4–6 years).................................................................................................................. 60 4 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Pathway II: Remove problematic SUPs.........................................................................................................61 2. 1 Build public-private consensus on unnecessary and problematic SUPs (1–2 years).......................62 2.2 Ban unnecessary and problematic SUPs where acceptable alternatives exist.................................62 2.3 Apply taxes and levies on unnecessary and problematic SUPs where acceptable alternatives do not exist.............................................................................................................................................63 2.4 Develop and scale alternatives for unnecessary and problematic SUPs.............................................64 2.5 Remove all unnecessary and problematic SUPs from the plastics value chain................................65 Pathway III. Develop recycling and r-manufacture markets.................................................................66 3.1 Pilot models of locally relevant plastics recycling and r-manufacturing (1–2 years)...................... 66 3.2 Adopt recycled content and labeling standards for plastic products (1–2 years)............................67 3.3 Align national incentives and disincentives to accelerate recycling and r-manufacturing growth (3–6 years).......................................................................................................................................................67 3.4 Increase public and private financing to upscale existing and new recycling and r-manufacturing infrastructure (6–10 years)..................................................................................................... 68 3.5 Scale up targeted recycling technologies for difficult to recycle materials (6–10 years).............. 69 Pathway IV. Design for plastic circularity.................................................................................................... 70 ANNEX G: SUMMARY TABLE OF COUNTRY EXPERIENCES WITH EXTENDED PRODUCER RESPONSIBILITY.................................................... 72 ANNEX H: REFERENCES AND SELECTED BIBLIOGRAPHY .....................74 Contents | 5 ANNEX A: MAIN POLICY AND REGULATORY LANDSCAPE ON PLASTIC WASTE MANAGEMENT IN THE PHILIPPINES Table A1. INVENTORY ON THE POLICY INSTRUMENTS ON SOLID/PLASTIC WASTE MANAGEMENT IN THE PHILIPPINES Laws/ Main Responsible Entities Purpose and SWM-Specific Provisions Policies from the Public Sector Laws – binding regulatory frameworks often accompanied by implementing rules and regulations; an interagency board; and provisions for funding, strategy, and plans Ecological RA 9003 was passed in 2001 and is considered landmark legislation for • Department of Envi- Solid Waste managing wastes in the country. It serves as the main legal framework on ronment and Natural Management solid waste management (SWM) in the Philippines, with provisions on the Resources (DENR) Act of 2000 following: (Chairman) (RA 9003) • Department of Interior • Mandatory segregation at source (Sections 21–22); & Local Government • Collection and transport of solid wastes (Sections 23–25); (DILG) • Recycling program (Sections 26–33), which has provisions on eco-la- • Department of Science belling, reclamation and buy-back centers for recyclables, non-envi- and Technology (DOST) ronmentally acceptable products, recycling market development, and • Department of Public the establishment of LGU MRFs; and, Works and Highways • Waste management facilities (Sections 36–42), which includes a prohi- (DPWH) bition against the use of open dumps for solid waste; and regulations • Department of Health on the siting, establishment, and operations of a sanitary landfill. (DOH) RA 9003 also established the National Solid Waste Commission (NSWMC), • Department of Trade a multisectoral body that oversees the implementation of SWM in the and Industry (DTI) country and prescribes policies to achieve the objectives of the Act. The • Department of Agricul- DENR serves as the lead agency. The National Ecology Center, lodged ture (DA) under the Commission, is to provide consulting, information, training, and • Public Information networking services for the implementation of the Act. The associated Authority (PIA) SWM fund is a special fund in the National Treasury to be financed • Metro Manila Develop- by revenues gained from the imposition of fines, penalties, and other ment Authority (MMDA) charges imposed by the Act. This fund will also be financed by donations, • Technical Education grants, and contributions from domestic and foreign sources. and Skills Development Most importantly, the Act gave LGUs the primary responsibility to manage Authority (TESDA) solid waste collection, segregation and disposal and require them to • Leagues of Provinces create and implement solid waste management plans (SWMP). Under this • League of Cities legislation, households and commercial waste generators shall practice • League of Municipalities waste minimization using the 3Rs (reduce, reuse, and recycle). • Liga ng Barangay • Private Sector The Act mandates that LGUs divert 25 percent of their generated waste • Representative from the within five years of the effective date of the Act and states that the NGO sector reduction should be increased every three years. The Act also mandates • Representative from the the segregation of solid waste at source and the creation of MRFs in every recycling industry barangay or cluster of barangays. • Representative from the manufacturing and packaging industry 6 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Laws/ Main Responsible Entities Purpose and SWM-Specific Provisions Policies from the Public Sector Local The Code paved the way for the devolution of select functions by defining • LGUs Government the powers, responsibilities, and institutional arrangements of LGUs • NGAs Code of 1991 at various geographical scales in the Philippines; allocating additional (RA 7160) resources to LGUs; and providing guidelines and safeguards for carrying out the provisions of the Code. Under the LGC, LGUs have several SWM related responsibilities, including the following: • Development of an efficient and effective system for solid waste collection and disposal; • Provision of basic services and facilities for servicing the needs of the local residents; • Conduct of industry-related research and development (R&D), including technology transfer; • Provision of investment-support services, including access to credit financing; and • Enforcement of laws on pollution control. Executive Order No. 138 states that “the functions, services, and facilities which shall be fully devolved from the NG (national government) to the LGUs (local government units) no later than the end of FY (fiscal year) 2024, shall include those indicated under Section 17 of RA No. 7160 and other existing laws which subsequently devolved functions of the NG to LGUs.” The order requires national government agencies (NGAs) to fully transfer the task of delivering basic services to local governments by 2024. A committee of devolution was also created to oversee the transition and provide technical and capacity-development assistance to LGUs to implement the devolved functions stated in the Local Government Code (LGC), which took effect in 1991. Among the devolved functions are the SWM functions cited above. Although the Code is already in force, many LGUs still rely on the national government for providing certain services because they lack resources. EO 138 states that LGUs will have more funds starting 2022 because of the Supreme Court Ruling on the Mandanas-Garcia Petition (Mandanas ruling) issued in 2018, which mandated that LGUs are entitled to a share of all national taxes, not just the national internal revenue taxes. Department Prior to the issuance of EO 138, DBM issued a memorandum to prepare • DBM of Budget and for the rollout of the Supreme Court decision the Mandanas ruling, • DENR Management which will take effect in 2022. The ruling provides the LGUs greater • DILG (DBM) access to funds for devolved services. The DBM memorandum issued • LGUs Memorandum guidance on policy and standards development of service delivery, Order 138 provision of technical assistance, monitoring, and performance assistance of LGUs. This will involve strengthening their oversight functions, shifting from “rowing” to “steering”. NGAs shall also treat LGUs as partners in development and consider cost-sharing arrangements in the implementation of devolved projects. This could potentially offer the fiscal space for LGUs to augment their budgets to effectively implement SWM activities. Discussions on the implementation and transition plans are ongoing amongst relevant agencies Omnibus The Code integrates the basic laws on investments, clarifying and • BOI Investment harmonizing their provisions to encourage and guide domestic and • DTI Code of 1987 foreign investments, especially in preferred areas of activities. It also • DOF (EO 226) states that enterprises that have secured a pioneer status under the Code enjoy more incentives than their non-pioneer counterparts. The criteria are laid out in Article 17 of the Code while the preferred areas of activities are specified in the Investment Priorities Plan (IPP), which is regularly updated. Under IPP 2020, green ship recycling and privately owned MRFs are eligible for incentives. Annex A: Main Policy and Regulatory Landscape on Plastic Waste Management in the Philippines | 7 Laws/ Main Responsible Entities Purpose and SWM-Specific Provisions Policies from the Public Sector Corporate Passed into law this year, the Act aims to grant tax relief for companies • DTI Recovery and in financial need, provide transparent tax provisions, and further increase • DOF Tax Incentives the competitiveness of the Philippines (ASEAN Briefing 2021). The Act • DBM for Enterprises also amends certain provisions of relevant laws and policies such as the • NEDA (CREATE) Act Omnibus Investments Code, the amended National Internal Revenue • Bureau of Internal (RA 11534) Code of 1997, and the Special Economic Zone Act (RA 7916). The law has Revenue (BIR) yet to take effect; its implementing rules and regulations are currently • Bureau of Customs being drafted. Information shared on the DTI’s website indicate that it will • Investment-promotion focus on VAT and income-tax reforms for businesses. This law appears to agencies have marginal utility to this study. Customs Enacted in 2016, this Act requires upgrading of customs rules and • DOF Modernization procedures and smooths out kinks in the supply chain but also includes • Bureau of Customs and Tariff Act measures to protect the Philippines or Philippine industries in case • DTI (CMTA) RA of trade discrimination or harmful imports. A corresponding tariff list • BIR 10863) includes imports on resins and plastics though there are no cases of tariff • Tariff Commission discrimination involving resins and plastics so far. This law appears to have marginal utility to this study. Labor Code This decree institutes a labor code to afford protection to labor, promote • Department of Labor of the employment and human resources development and ensure industrial and Employment (DOLE) Philippines peace based on social justice. The law determines all employment (PD 442) practices and labor relations in the Philippines but has not direct reference to informal workers. Strengthening The Act requires employers to comply with occupational safety and health • DOLE Compliance standards, including updated training requirements, mandated on-site • Office of Occupation- with clinic facilities, audit and tracking of compliance, informing workers on all al Safety and Health Occupational types of hazards in the workplace and giving workers Standards Safety and The Act covers formal employment and does not have any direct Health references addressing the concerns of informal sector. Standards Act (RA 11058) Food The creation of the Food and Drug Administration with the purpose to • DOH and Drug protect and promote the right to health of the Filipino people and to • FDA Administration establish and maintain an effective health products regulatory system. • Other specialized (ACT) (RA “Health products” means food, drugs, cosmetics, devices, biologicals, bureaus under DOH 3720and vaccines, in vitro diagnostic reagents and household/urban hazardous updated by substances and/or a combination of and/or a derivative thereof. It shall RA 9111) also refer to products that may have an effect on health that would require regulations as determined by the FDA. FDA’s current focus is on the review and approval of COVID 19 vaccines and other drug products in light of the global pandemic. There have not been any issues raised on plastic packaging so far according to officials interviewed. Magna Carta Law adopting an area-based, sectoral, and focused intervention to • LGUs for the Poor poverty alleviation where every poor Filipino must be empowered to meet • Department of Social (RA 11291) the minimum basic needs through the partnership of the government Welfare and Develop- and the basic sectors. The National Anti-Poverty Commission (NAPC) ment (DSWD) is currently developing sectoral plan of actions including workers in the • Presidential Commission informal sector. on Urban Poor • National Anti-Poverty Commission 8 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Laws/ Main Responsible Entities Purpose and SWM-Specific Provisions Policies from the Public Sector Proposed legislation Proposed At present, there are several House (HB) and Senate Bills (SB) that have • House of Representa- legislative bills been filed in Congress addressing single-use plastics and other plastic tives regulating products. In particular • Senate single-use • DOF HB 9174, on SUP products regulation, consolidates several HBs, plastics • CCC promoting the phaseout of single-use plastic products over specified periods of time, as well as phasing in Extended Producer Responsibility (EPR), the application of fees and fines to disincentivize SUP usage/ production, and the promotion of government-based R&D to help local manufacturers shift to alternative materials. HB 9171 (on taxation) HB 33 (on plastic labeling). SB 1331 or Extended Producers Responsibility Act of 2020 aims to amend some sections of RA 9003 to institutionalize the EPR practice in waste management. Plans – serve as guiding framework documents to develop strategies and actions. Funds to implement the plans are based on current budgets from the various agencies. Philippine The plan is whole-of-society approach for economic recovery and getting • NEDA Development the country back on track towards achieving a “matatag (resilient), Plan maginhawa (healthy), at panatag na buhay (prosperous living)” for every 2017-2022 Filipino. The plan provides a national solid waste diversion rate of 80 percent by 2022, meaning that 80 percent of solid waste generated by households, industry, and commercial sectors should be eventually recycled, recovered, or reused, and only 20 percent residual waste is disposed of in sanitary landfills or other approved processes. Philippine This Plan is a guidance document on the country’s transition to a circular • NEDA Action economy and contribute to the realization of the country’s goal of Plan for having more Filipinos produce and consume green goods and services Sustainable to accelerate the shift towards sustainable and climate-smart practices Consumption and lifestyles as indicated in the Philippine Development Plan (PDP) and 2017–2022 and Ambisyon Natin 2040. The plan, which was developed Production since 2018, has yet to be finalized for formal adoption. (PAP4SCP) The Philippine The Roadmap is a voluntary plan developed in 2017 through the EU • DBM Green Public Switch Asia program to guide government procurement policies. There Procurement are no publicly available data on the implementation of the plan amongst Roadmap the NGAs. Action This document provides strategic direction for the sustainable • NEDA with 13 Plan and development of Manila Bay, which houses part of the Philippines’ mandamus agencies and Investment growing metropolitan hub. Its focal themes are improved water quality, Manila Bay LGUs Report for the human settlements, ecosystem protection, disaster-risk reduction, Manila Bay climate-change adaptation, and inclusive growth. The plan is aligned Sustainable with the Philippines Development Plan PDP 2017–2022 and the Ambisyon Development Natin 2040. Master Plan (MBSDMP) Annex A: Main Policy and Regulatory Landscape on Plastic Waste Management in the Philippines | 9 Laws/ Main Responsible Entities Purpose and SWM-Specific Provisions Policies from the Public Sector Draft National The Plan is the guiding framework document on marine litter • EMB DENR is the lead Plan of Action management with ten strategies and action plans (draft). but will engage other on Marine NGAs, the private Programmatic actions Litter (NPOA– sector, international ML) • Establish science-based and evidence-based baseline information on development agencies, marine litter and civil society • Mainstream circular economy (CE) and sustainable consumption and production initiatives • Enhance recovery and recycling-coverage materials • Prevent leakage from collected or disposed waste • Reduce maritime sources of marine litter • Manage litter existing in riverine and marine environments Enabling/supporting actions • Enhance policy support and enforcement for marine-litter prevention and management • Develop and implement a strategic and targeted social-marketing and communications campaign using various media • Enable sufficient and cost-effective financing and other institutional resource requirements for the implementation of the National Plan of Action on Marine Litter (NPOA–ML). • Strengthen LGUs’ capacities and local-level implementation of NPOA–ML The DENR, through the Environmental Management Bureau, conducted a yearlong multi-stakeholder consultation to develop the NPOA–ML. This was, in part, a move to partly address the gaps identified in RA 9003 regarding the specific challenges of plastics, packaging, and recycling. The NPOA–ML has yet to be approved by the DENR Secretary and therefore it remains to be seen how effective its implementation is going to be. Several international development agencies are interested in supporting DENR in its implementation of the NPOA–ML. Source: World Bank. 10 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action ANNEX B: LIST OF RELEVANT STAKEHOLDERS FOR PLASTIC WASTE MANAGEMENT Table B.1 LIST OF RELEVANT STAKEHOLDERS FOR PLASTIC WASTE MANAGEMENT Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 Department Environmental Management Bureau Mandate under Republic Act (RA) 9003 (Ecological Solid Waste Management Act) and its Implementing Rules and of (EMB) Regulations (IRR): Environment William P. Cunado, Director The EMB shall provide secretariat support to the National Solid Waste Management Commission (NSWMC) with a and Natural mandate to: Resources Vizminda A. Osorio, OIC Assistant (DENR) Director • Prepare the national solid waste management framework • Develop a model provincial, city and municipal solid waste management plan that will establish prototypes of Solid Waste Management Division the content and format which provinces, cities and municipalities may use in meeting the requirements of the (SWMD) National Solid Waste Management Framework Ma. Delia Cristina M. Valdez, OIC • Approve local solid waste management plans and assist in the implementation, monitoring, and evaluation -Chief thereof Policy, Planning and Program • Study and review of the following: Development Division (PPPDD) • Standards, criteria and guidelines for promulgation and implementation of an integrated national solid waste management framework Consolacion P. Crisostomo, Chief • Criteria and guidelines for siting, design, operation and maintenance of solid waste management facilities • Establish standards, criteria, guidelines, and formula for tipping charges and rates in relation to the operation of solid waste management facilities and technologies • Propose and adopt regulations requiring the source separation and post separation collection, segregated collection, processing, marketing and sale of organic and designated recyclable material generated in each local government unit • Provide technical and capability building assistance to local government units in the development and imple- mentation of source reduction programs • Develop safety nets and alternative livelihood programs for small recyclers and other sectors that will be affected as a result of the construction and/or operation of solid waste management recycling plant or facility • Encourage private sector initiatives, community participation and investments in resource recovery-based livelihood programs for local communities • Assist local government units in the identification of markets for materials that are diverted from disposal facilities • Develop and prescribe procedures for the issuance of appropriate permits and clearances • Formulate and update a list of non-environmentally acceptable materials • Develop a mechanism for the imposition of sanctions for violations of environmental rules and regulations • Review the incentives scheme for effective solid waste management Annex B: List of Relevant Stakeholders for Plastic Waste Management | 11 1 Some of these contacts may have changed. Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 • Encourage all local government agencies and all local government units to patronize products manufactured using recycled and recyclable materials • Manage the Solid Waste Management Fund • Other SWM roles of the DENR can be found in the RA. • Mandate of EMB as a whole can be found in Executive Order (EO) No. 192, series of 1987. Pasig River Coordinating and DENR Administrative Order (DAO) No. 2020-02: Management Office (PRCMO) • Continue and enhance the plans and programs on the Pasig River System in line with the Manila Bay Rehabili- Joan A. Lagunda, Assistant Secretary tation Program to ensure the conduciveness of the system for aquatic life, transportation, and tourism for Field Operations-Mindanao and Legislative Affairs and Concurrent OIC-Executive Director of the PRCMO Department SWM-related mandates of the DTI under RA 9003 and its IRR: of Trade and Assist the National Ecology Center (NEC) in the establishment and management of a SWM database and Industry (DTI) dissemination system, focusing inter alia, on the following: • Solid waste generation and management techniques, including management, technical, and operational approaches to resource recovery • Processors/recyclers, including the list of materials they recycle or purchase and their respective prices • Cleaner production/technologies that promote efficient SWM Within six months from the effectivity of this Act, publish, in cooperation with other agencies, a study of existing markets for processing and purchasing recyclable materials and the potential steps necessary to expand these markets (such study shall include but not be limited to an inventory of existing markets for recyclable materials, product standards for recyclable and recycled materials, and a proposal to stimulate the demand for the production of products containing post-consumer and recovered materials) Formulate and implement a coding system for packaging materials and products to facilitate waste and recycling and re-use Assist the NSWMC in establishing procedures, standards, and strategies to market recyclable materials and develop the local market for recycled goods; these measures include but are not limited to: • Measures providing economic incentives and assistance including loans and grants for the establishment of privately-owned facilities to manufacture finished products from post-consumer materials • Guarantees by the national and local governments to purchase a percentage of the output of the facility • Maintaining a list of prospective buyers, establishing contact with these buyers, and reviewing and making any necessary changes in collecting or processing the materials to improve their marketability • Grant’s fiscal and non-fiscal incentives as provided under EO 226, series of 1987 (Omnibus Investments Code) through the BOI • Review and approve the importation of machinery, equipment, vehicles and spare parts for the collection, transportation, segregation, recycling, re-use and composing of solid wastes 12 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 • Provide technical assistance to any interested parties duly supported by the LGUs intending to set up the multi-purpose environmental cooperatives or associations • Help encourage national and local governments to purchase environmentally preferable products and services More information on the EO 226, series of 1987, can be found here. Bureau of Philippine Standards (BPS) Mandate of the BPS under EO 133, series of 1987: Neil P. Catajay, Director • Establish standards for all products of the Philippines for which no standards have as yet been fixed by law, executive order, rules and regulations and which products are not covered by the standardization activities of Ferdinand L. Manfoste, Assistant other government agencies Director • Test and/or analyze standardized and unstandardized products for purposes of product standard formulation Standards Development Division and certification Mario U. Gaudiano, Chief • Ensure the manufacture, production, and distribution of quality products for the protection of consumers • Extend technical assistance to producers to improve the quality of their products Product Testing Division • Maintain consultative liaison with the International Organization for Standardization, Pacific Area Standards Jay V. Illescas, Officer-in-Charge Congress, and other international standards organizations Standards Mainstreaming Division Ma. Teresita G. Del Rosario, Chief Bureau of Small and Medium Mandate of BSMED based on DOLE website (the specific source/administrative issuance is unknown and not Enterprise Development (BSMED) available): Jerry T. Clavesillas, Director Promote and develop MSMEs in the country by Alicia M. Opeña, Assistant Director • Developing/reviewing policies and strategies geared towards the advancement of MSMEs in the areas of entrepreneurship development, institutional strengthening, and productivity improvement Policy Research Division • Initiating and implementing programs and projects addressing the specific needs of MSMEs in the areas of Susan Mae C. Salonga, Chief technology development and transfer, financing, marketing, and training Program Development Division Edwin C. Pasahol, Chief Monitoring and Evaluation Division Cynthia C. Dela Cruz, Chief Annex B: List of Relevant Stakeholders for Plastic Waste Management | 13 Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 Fair Trade Enforcement Bureau Mandate of FTEB based on DOLE website (the specific source/administrative issuance is unknown or is not (FTEB) available): Ronnel O. Abrenica, Director Handles import regulation, sales promotion, product standards monitoring, business licensing, enforcement, mediation, and adjudication in relation to the Consumer Act, Price Act, and Business Name Law Rosila F. Egmilan, OIC Assistant Director Import Regulations Division Sonia S. Tapales, Chief Enforcement Division Perpetua Werlina R. Lim, Chief Product Standard Monitoring Division Rosita P. Jaleco, Chief Surveillance and Monitoring Division Eleanor N. Perez, Chief Board of Investments (BOI) See row on the SWM-related mandates of the DTI under RA 9003 and its IRR Ma. Corazon H. Dichosa, Executive Director for Industry Development Services Department Industrial Technology Development Mandate of DOST under RA 9003 and its IRR: of Science Institute (ITDI) • Conduct of study and development of new uses of recovered resources and Annabelle V. Briones, Director • Initiate study on the alternative usage of nonrecyclable and nonreusable materials Technology • Develop and apply new and improved methods of collecting and disposing of solid wastes and processing (DOST) Environmental and Biotechnology and recovering materials and energy from solid wastes Division (EBD) • Promote the development of clean technology (CT)/production (CP) program in industry and help provide Reynaldo L. Esguerra, Chief technical assistance to implement CT/CP Materials Science Division (MSD) • Develop an environmental technology verification (ETV) program to evaluate the performance and fit of pro- spective technologies prior to their introduction locally Josefina R. Celorico, Officer-in-Charge SWM-related mandate of ITDI under EO 128, series of 1987: Packaging Technology Division • Undertake applied research and development to develop technologies and technological innovations in the Daisy E. Tanafranca, Chief field of industrial manufacturing Philippine Council for Industry, • Transfer research results directly to end users or preferably via linkage units of other government agencies Energy and Emerging Technology • Undertake technical services such as standards, analytical, and calibration services mandated by law or as Research and Development needed by industry 14 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action (PCIEERD) • Conduct training and provide technical advisory and consultancy services to industry clientele and end users Enrico Paringit, Executive Director Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 Government Technical Support Office (TSO) Mandate of GPPB under RA 9184 (Government Procurement Reform Act) and its IRR: Procurement Rowena Candice M. Ruiz, Executive • Protect national interest in all matters affecting public procurement, having due regard to the country’s Policy Board Director regional and international obligations (GPPB) • Formulate and amend public procurement policies, rules, and regulations, and amend, whenever necessary, the IRR • Prepare a generic procurement manual and standard bidding forms for procurement • Ensure proper implementation of this Act, its IRR, and all other rules and regulations on public procurement, by the procuring entities of the Act • Establish a sustainable training program to develop the capacity of government procurement officers and employees and to ensure the conduct of regular procurement training programs by the procuring entities • Conduct an annual review of the effectiveness of the Act and recommend any amendments thereto, as may be necessary Mandate of TSO under RA 9184 and its IRR: Provide support to the GPPB in the performance of its duties and responsibilities as specified in the Act and this IRR (the TSO is an attached agency of the DBM; it is under its administrative supervision for general oversight and for budgeting purposes) National Infrastructure Staff (IS) Mandate of NEDA under the 1987 Constitution: Economic Kathleen P. Mangune, Director • NEDA shall be the country’s independent economic development and planning agency. and Development Francis Bryan C. Coballes, OIC Executive Order No. 230 of 1987 further defines this role. It states that the agency shall Authority Assistant Director • Monitor macroeconomic and sectoral performances and prepare the necessary economic reports (NEDA) Social and Other Public • Conduct development studies on macro-level plans and policies Infrastructure Division (SOPID) • Coordinate the formulation of continuing and integrated socioeconomic development plans, policies, and programs and the monitoring and evaluation of plan implementation Aldwin U. Urbina, Chief Economic • Coordinate the formulation of public investment programs and programming of official development assis- Development Specialist tance (ODA) from foreign governments and multilateral agencies and organizations Kevin Gilbert M. Manzano, Supervising • Be a member agency of the Development Budget Coordination Committee (DBCC), Investment Coordination Economic Development Specialist Committee (ICC), Committee on Social Development (SDC), Committee on Infrastructure (INFRACOM), and Agriculture, Natural Resources, and Committee on Tariff and Related Matters (TRM) Environment Staff (ANRES) Mandate of NEDA under the IRR of RA 9003: Nieva T. Natural, Director – to be Assist in the development of a coordinative mechanism that will ensure that LGUs are significantly guided in the routed through Demi Rei S. Salazar, preparation of LGSWMPs. Administrative Aide VI Diane Gail L. Maharjan, Assistant Director Annex B: List of Relevant Stakeholders for Plastic Waste Management | 15 Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 Environment Division (ED) Julius T. Casabal, OIC–Chief Economic Development Specialist Lara Gianna V. Hidalgo, Economic Development Specialist II Natural Resources Division (NRD) Mary Jane M. Dela Rosa, OIC–Chief Economic Development Specialist Jane Desiree F. Andal, Supervising Economic Development Specialist Mary Descery Joy B. Bongcac, Senior Economic Development Specialist Department Paola Sherina A. Alvarez, Assistant Mandates of the DOF under EO No. 292 instituting the Administrative Code of 1987: of Finance Secretary of the International • Formulate long-range, medium-term, and annual plans covering the government’s resources mobilization (DOF) Finance Group (IFG) and Concurrent efforts, in coordination with other concerned government agencies, and involving all public-sector resources Spokesperson and Head of whether generated by revenues and operations, foreign and domestic borrowing, sale or privatization of cor- Communications of the Office of the porations or assets, or from other sources, and supervise the implementation of such plans Secretary (OSEC) • Formulate, institutionalize, and administer fiscal and tax policies Agency focal for sustainable • Supervise, direct, and control the collection of government revenues finance and one of the heads of the • Act as custodian and manage all financial resources of the national government interagency TWG on the matter • Undertake and supervise activities related to the negotiation, servicing, and restructuring of domestic and (“Green Force”) foreign debt incurred or guaranteed by the government and its instrumentalities. This includes taking part in activities that affect the country’s capacity to service foreign debt, with the end view of ensuring that all borrowed funds are effectively utilized, and all such obligations are promptly serviced by the government • Review and coordinate the policies, plans and programs of government financial institutions and, thereaf- ter, recommend to them courses of action consistent with national government fiscal policies, plans, and programs • Ensure the implementation of necessary policies and measures on local revenue administration • Coordinate with other government agencies on matters concerning fiscal and monetary policies, credit, economic development, international finance, trade, and investment • Perform such other powers and functions as may be provided by law 16 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 Department Fiscal Planning and Reforms Bureau Mandate of DBM under EO No. 292, series of 1987: of Budget (FPRB) • Assist the President in the following: and Yolanda R. Reyes, OIC Director • Preparation, execution and control of the National Budget, preparation Management • Maintenance of accounting systems essential to the budgetary process (DBM) • Administration of compensation and position classification systems Budget and Management Bureau • Review and evaluation of proposed legislation that have budgetary or organizational implications (BMB) – E • Assessment of organizational effectiveness • Achievement of more efficient government operations Cristina B. Clasara, Director Overall functions of the FPRB (as stated in the DBM website; specific source/administrative issuance is unknown or is not available): • Conduct fiscal policy research and planning • Develop fiscal and budgeting frameworks, indicative annual and multiyear budget ceilings and forward estimates, and sectoral composition of expenditures in coordination with other oversight agencies • Formulate, monitor, and evaluate budget programs in the context of macroeconomic and fiscal targets, including the formulation and monitoring of the annual and quarterly whole-of-government allotment and cash release programs • Conduct studies and analyses of expenditure trends and policies in the different government sectors for effective intersectoral resource allocation decisions, as reflected in the Budget Priorities Framework submitted to the President • Monitor macroeconomic developments and their impact on the budget • Develop, administer, and maintain the FE system, in coordination with the BMBs and other DBM offices and units concerned • Prepare position papers and recommendations on legislative proposals, bills, and planned executive issuances with fiscal policy implications; • Provide technical and secretariat services to the Development Budget Coordination Committee (DBCC) and its Executive Technical Board, Participatory Governance Cluster, and the Open Government Partnership (OGP) • Conceptualize and manage the implementation of budgeting innovations, including assisting DBM im- plementing bureaus in mainstreaming these reforms and innovations which will include strategic thinking, mobilizing technical support from development partners, and conducting change management programs with agencies • Monitor the execution and implementation of said reforms and innovative projects and evaluate their impact on expenditure allocation and resource allocation and submit required reports to DBM’s management • Coordinate the formulation and implementation of policies, standards and strategies that promote greater fiscal transparency, as well as monitor the performance of the DBM and the government as a whole in imple- menting international fiscal transparency standards and upholding citizen’s right to access information Annex B: List of Relevant Stakeholders for Plastic Waste Management | 17 Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 BMB–E handles environment-related agencies (as stated in the DBM website; specific source/administrative issuance is unknown or not available): • Department of Agrarian Reform (DAR) • Department of Agriculture (DA) • Department of Energy (DOE) • DENR, which in in charge of developing the budget proposal for SWM related functions. It also prepares the funding for NSWMC and operationalization of RA 9003 for endorsement by the Office of the President to the Congress for deliberation and approval of the annual General Appropriations Act • Department of Information and Communications Technology (DICT) • Climate Change Commission (CCC) • Energy Regulatory Commission (ERC) • National Disaster Risk Reduction and Management Fund (NDRRMF) Senate Committee on Environment, Natural Mandate of the Senate under the 1987 Constitution: Resources and Climate Change The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and Cynthia A. Villar, Chairperson, to a House of Representatives, except to the extent reserved to the people by the provision on initiative and be routed through the Committee referendum. Secretary (Maria Clarinda Mendoza, Chief-of-Staff (in case it is easier to reach the Chairperson that way): Atty. Armi Dayot-Corpuz House of Committee on Ecology Mandate of the HOR under the 1987 Constitution: Representa- Glona G. Labadlabad, Chairperson The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and tives (HOR) a House of Representatives, except to the extent reserved to the people by the provision on initiative and Emails to be routed through the referendum. Committee Secretary: Atty. Dilbert N. Quetulio, Committee Secretary Department Bureau of Local Government Mandate of DILG under RA 9003 and its IRR: of Interior Development (BLGD) • Within six months from the effectivity of the Act, publish an inventory of all solid waste disposal facilities or and Local Anna Liza F. Bonagua, Director sites in the country Government • Within six months from the effectivity of the Act, help publish a study of existing markets for processing and (DILG) Local Administrative Development purchasing recyclable materials and the potential steps necessary to expand these markets (such study shall Division include but not be limited to an inventory of existing markets for recyclable materials, product standards for Jennifer G. Galorport, Chief recyclable and recycled materials, and a proposal to stimulate the demand for the production of products containing postconsumer and recovered materials) • Help LGUs in setting up their respective Local SWM Boards • Help develop a coordinative mechanism that will ensure that LGUs are significantly guided in the preparation of LGSWMP 18 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Assist the DENR in formulating a staged compliance program for LGUs to convert their open dumpsites into controlled dumps • Help enforce compliance to the penal provisions of the Act through the PNP and PCG Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 SWM-related mandate of the BLGD under EO 262, series of 1987: • Establish and prescribe plans, policies, programs, and standards to strengthen the administrative, fiscal, and technical capabilities of local government offices and personnel • Provide technical assistance to enhance the administrative, fiscal, and technical capabilities of local govern- ment officers and personnel • Formulate, prescribe, monitor, and periodically evaluate local development policies, plans, programs, and projects designed to enhance the participation of local governments in planning and implementation • Establish a system of incentives and grants to local governments and prescribe policies, procedures, and guidelines in the implementation of self-help assistance projects • Formulate and develop models, standards, and technical materials on local government development • Provide consultation services and advice on local government involved in development programs • Establish viable systems of strategies and approaches for local governments anchored on citizens participa- tion Climate Rachel Anne S. Herrera, Commissioner Overall mandate of the CCC under RA 9729: Change To be routed through Lyka Ranelle L. The Commission shall be an independent and autonomous body and shall have the same status as that of a Commission Dela Cruz, Executive Assistant IV national government agency. It shall be the sole policy-making body of the government that shall be tasked to (CCC) coordinate, monitor, and evaluate the programs and action plans of the government relating to climate change pursuant to the provisions of this Act. Powers and functions are as follows: • Ensure the mainstreaming of climate change, in synergy with disaster risk reduction, into the national, sectoral, and local development plans and programs • Coordinate and synchronize climate change programs of national government agencies • Formulate a Framework Strategy on Climate Change to serve as the basis for a program for climate change planning, research and development, extension, and monitoring of activities on climate change • Exercise policy coordination to ensure the attainment of goals set in the framework strategy and program on climate change • Recommend legislation, policies, strategies, programs on and appropriations for climate change adaptation and mitigation and other related activities • Recommend key development investments in climate-sensitive sectors such as water resources, agriculture, forestry, coastal and marine resources, health, and infrastructure to ensure the achievement of national sus- tainable development goals • Create an enabling environment for the design of relevant and appropriate risk-sharing and risk-transfer instruments • Create an enabling environment that shall promote broader multistakeholder participation and integrate climate change mitigation and adaptation • Formulate strategies on mitigating GHG and other anthropogenic causes of climate change • Coordinate and establish a close partnership with the National Disaster Coordinating Council in order to increase efficiency and effectiveness in reducing the people’s vulnerability to climate-related disasters • In coordination with the Department of Foreign Affairs, represent the Philippines in the climate change nego- tiations Annex B: List of Relevant Stakeholders for Plastic Waste Management | 19 Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 • Formulate and update guidelines for determining vulnerability to climate change impacts and adaptation assessments and facilitate the provision of technical assistance for their implementation and monitoring • Coordinate with local government units (LGUs) and private entities to address vulnerability to climate change impacts of regions, provinces, cities, and municipalities • Facilitate capacity building for local adaptation planning, implementation and monitoring of climate change initiatives in vulnerable communities and areas • Promote and provide technical and financial support to local research and development programs and projects in vulnerable communities and areas • Oversee the dissemination of information on climate change, local vulnerabilities and risks, relevant laws and protocols and adaptation and mitigation measures Department Alex V. Avila, Assistant Secretary, Labor Mandate of DOLE under EO 126, series of 1987: of Labor and Relations, Social Protection and Policy The Ministry shall be the primary policy, programming, coordinating and administrative entity of the Executive Employment Support Cluster Branch of the government in the field of labor and employment and shall: (DOLE) Part of the development process for • Formulate and recommend policies, plans and programs for manpower development, training, allocation, and the Green Jobs HRD Plan utilization Ahmma Charisma Lobrin–Satumba • Protect and promote the interest of every citizen desiring to work locally or overseas by securing for him the (lead in Green Jobs Act), Executive most equitable terms and conditions of employment, and by providing social and welfare services Director • Regulate the employment of aliens, including the establishment of a registration and/or work permit system for such aliens Institute for Labor Studies (ILS) under • Formulate general guidelines concerning wage and income policy DOLE • Recommend necessary adjustments in wage structures with a view to developing a wage system that is consis- tent with national economic and social development plans • Provide for safe, decent, humane, and improved working conditions and environment for all workers, particu- larly women and young workers • Maintain harmonious, equitable and stable labor relations system that is supportive of the national economic policies and programs • Uphold the right of workers and employers to organize and to promote free collective bargaining as the foun- dation of the labor relations system • Provide and ensure the fair and expeditious settlement and disposition of labor and industrial disputes through collective bargaining, grievance machinery, conciliation, mediation, voluntary arbitration, compulsory arbitration as may be provided by law, and other modes that may be voluntarily agreed upon by the parties concerned 20 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Specific Unit, Personnel, Contact Agency/Unit Relevant Mandates Information1 Food Center for Food Regulation and Relevant mandates of the FDA under RA 9711: and Drug Research • Administer and supervise the implementation of this Act and of the rules and regulations issued pursuant to Administration Pilar Marilyn P. Pagayunan, Director the same (FDA) • Issue certificates of compliance with technical requirements to serve as basis for the issuance of appropri- Policy and Planning Service ate authorization and spot-check for compliance with regulations regarding operation of manufacturers, Oscar G. Gutierrez Jr., Chief importers, exporters, distributors, wholesalers, drug outlets, and other establishments and facilities of health products, as determined by the FDA • Levy, assess, and collect fees for inspection, analysis and testing of products and materials submitted in com- pliance with the provisions of this Act • Require all manufacturers, traders, distributors, importers, exporters, wholesalers, retailers, consumers, and non-consumer users of health products to report to the FDA any incident that reasonably indicates that said product has caused or contributed to the death, serious illness or serious injury to a consumer, a patient, or any person • Maintain bonded warehouses and/or establish the same, whenever necessary or appropriate, as determined by the director-general for confiscated goods in strategic areas of the country especially at major ports of entry • Exercise such other powers and perform such other functions as may be necessary to carry out its duties and responsibilities under this Act National SR Rosalina Funtanares, NAPC– The National Anti-Poverty Commission is a government agency of the Republic of the Philippines. It coordinates Anti-Poverty Workers in the Informal Sector poverty reduction programs by national and local governments and ensures that marginalized sectors participate Commission in government decision-making processes. One of the sectors it works on is the urban poor. Rosario San Juan, Focal Person WIS Presidential Alvin San Juan Feliciano, Chairperson/ The Presidential Commission for the Urban Poor (PCUP) serves as a direct link of the urban poor to the Commission CEO government in policy formulation and program implementation addressing their needs. It coordinates and on Urban monitors the implementation of government policies and programs for the urban Poor poor. It also accredits legitimate Urban Poor Organizations (UPO) for UPO representation in the formulation of recommendations relative to the sector. Philippine Crispian Lao, Founding President PARMS is a nonprofit multistakeholder organization that aims to develop and implement a comprehensive waste Alliance for management program to increase resource recovery, such as plastics and other packaging materials, and reduce Recycling landfill dependence leading toward a zero-waste Philippines. and Materials Sustainability Source: World Bank. Annex B: List of Relevant Stakeholders for Plastic Waste Management | 21 ANNEX C: SUMMARY TABLES USED DURING CONSULTATIONS ON FACTORS AFFECTING COLLECTED-FOR-RECYCLING RATES IN RELATION TO PHILIPPINE LAWS AND POLICIES Table C.1 below highlights the legislation and policies that affect collected-for-recycling (CFR) rates. These factors were identified in the World Bank market study (World Bank 2021c). The policies are not part of any systematic framework, and there is no unifying legislation that pulls these considerations together in a holistic and strategic manner. 22 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action NATIONAL POLICIES AND REGULATORY ENVIRONMENT AFFECTING CFR RATES Source: World Bank. Table C1. Annex C: SummaryTables Used during Consultations on FactorsAffecting Collected-for-Recycling Rates in Relationto Philippine Laws and Policies | 23 Table C2. FACTORS, POLICIES, BARRIERS, AND OPTIONS RELATING TO CFR RATES Source: World Bank. Factors Affecting Relevant Existing Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to CFR Rates Management of Plastics Unlock Actions and Investments 1. SUP production RA 9003 Plastics waste is comingled with postconsumer Production of single-use products and packaging and management solid waste and is leaking to environment materials need to shift towards sustainable, RULE XII. IMPLEMENTING A RECYCLING (for example, due to ineffective solid waste collection and biodegradable raw materials or recyclable, PROGRAM waste collection, management systems. reusable materials, and products and away from separation, sorting, Section 5 (p). SUPs/plastics. This entails mainstreaming circular SUP, by definition, covers all nonrecycled and disposal) Non-Environmentally Acceptable Products economy (CE) approaches and improved business postconsumer plastics being leaked to the ‘Formulate and update a list of non-en- models to reduce dependence on SUPs/plastics in environment, as evidenced by the initial vironmentally acceptable materials in the packaging industry. (Long term) survey microplastics and plastics surveys accordance with the provisions of this Act. conducted on the Pasig River. The challenges of SUP reduction and management For this purpose, it shall be necessary that require a comprehensive solution to avoid Inadequacy of RA 9003 proper consultation be conducted by the plastics leakage. Even with bans and economic Commission with all concerned industries to RA 9003 mandates the updating of non -en- instruments in place, changes to packaging ensure a list that is based on technological vironmentally acceptable products, which in practices and materials will take time. In the and economic viability’ 2020–21 have included problematic SUPs (See interim, SUPs will continue to be part of the solid discussion on SUPs in Section G). However, waste management systems of local governments. Section 29: non-environmentally acceptable it fails to adequately handle disposable (Medium to long term). products shall not be prohibited unless the or throwaway sachet packaging and other [NSWMC] first finds that there are alternatives Information, education, and communications (IEC) plastic wastes that can neither be recycled or which are available to consumers at no campaigns can be part of the solution/enabling composted and often ends up in incinerators, more than 10 percent greater cost than the action to promote reduction of problematic SUPs. pyrolysis, cement kilns, or leaked into the disposable product. (Short term) ocean. RULE XVIII PENAL PROVISIONS Economic (for example, tax, incentives and Weak and inconsistent implementation Section 1. Prohibited Acts disincentives) can be put in place to accelerate the The implementation of SUP ban has been increasing flexible packaging value chain design Section 3. Fines and Penalties carried out in various cities without providing and production solutions and encourage a circular Section 57 – NSWMC encourages a clear analysis of its social, economic, economy. In addition to economic instruments that commercial and industrial establishments and environmental benefits and impacts. promote voluntary compliance by manufacturers to manufacture environmentally friendly While there has been reported successes and the packaging industry, mandatory schedules products through creating incentives in the reduction of plastic wastes after can be set to ensure that all plastics packaging vigorous enforcement, the lack of cheaper placed on the Philippines market are reusable NPOA–ML alternative to plastics have forced some or recyclable within a designated timeframe and Mainstream circular economy (CE) and LGUs to withdraw from implementing the in a cost-effective manner for industry and the sustainable consumption and production said ordinances banning SUPs. The Covid 19 consumer. (Medium to long term). (SCP) initiatives pandemic has also seen some LGUs issuing a moratorium of the ban in light of receiving PDP 2017–2022 health and safety measures made of plastics 24 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Chapter 20: Promote Sustainable (plastic sheets, face shields, face masks, Consumption and Production protective gears, and so forth). (See discussion on the reduction of problematic SUPS in sections G and H.2) Factors Affecting Relevant Existing Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to CFR Rates Management of Plastics Unlock Actions and Investments SCPFP Indifferent attitudes due to lack of awareness, Policy window for reform: convenience of using and affordability of Intermediate Outcome 1.2: Ecological limits The implementing guidelines of NPOA–ML plastics and social behavior are part of the and negative externalities determined strategies and pending legislative bills on SUP are problem. policy windows of opportunity to influence to help Intermediate Outcome 2.1: Innovation and regulate SUPs. (See section E) investment in green technologies and systems increased 2. Segregation/ RA 9003 Inefficient segregation and collection Household awareness and behavior is the starting collection of systems point for change. There is a need to have a RULE IX. WASTE SEGREGATION AT SOURCE household waste nationwide mandate to separating wet waste Many LGUs still practice mixed waste and postconsumer Section 1. Waste Segregation and Volume (for example, kitchen waste) from dry waste (for collection, although a few have adopted by-products Reduction at Source example, packaging) as a simple yet effective ‘no segregation, no collection’ policy. RULE X. COLLECTION, TRANSPORT, AND step forward. Hazardous household wastes (for Downstream handling of segregated wastes HANDLING OF SOLID WASTES example, dry cell batteries) is an essential third remains a challenge. category of waste segregation in the household Section 1. Minimum standards for the At-source segregation (household-level) as to avoid contamination of biodegradable organics collection, transport, and handling of Solid currently practiced is ineffective in terms and hampering downstream recycling processes. Wastes of segregated waste quantity, quality, and (Short term) Section 2. Minimum Requirements for coverage, resulting in excessive litter and However practical experience is lacking in the Establishing and Operating Transfer Stations increasing volumes of mixed waste. Philippines. Pilot demonstrations of integrated, NPOA–ML Collection systems/vehicles are not equipped logistically efficient collection, transfer, and for separate collection of recyclables, resulting transport systems under different social, economic, Prevent leakage from collected or disposed in back-mixing of segregated recyclables with and physical conditions with appropriately waste mixed waste. designed collection and transport vehicles would Enhance recovery and recycling coverage and Existing rules and policies require/promote provide on-the-ground experience and learning markets minimum standards for collection, transport, projects for national and local governments. (Short MBSDMP and transfer of solid wastes. Yet these to medium term) minimum standards are not being applied for Based on these learning experiences, a practical, ISWM01: Improve Waste Reduction and due to limited capacity or funding allocated nationwide household segregation administrative Segregation by LGUs to enforce or ensure compliance. order can be developed and put in place to ISWM02: Improve Collection, Recycle and upscale best practices and ensure uniform and The issue of lack of funds could be due to Recovery consistent segregation at source policy. (Medium other competing priorities (peace and order, PDP 2017–2022 health, infrastructure), or SWM is not being to long term) Chapter 19 seen as a priority and/or possibly inefficient Policy window: management of public funds. Intensify the promotion of segrega- NEDA propose a review of RA 9003 to enhance tion-at-source financial and technical support for LGUs to provide appropriate SW equipment, facilities, Chapters 19 and 20 and services. A stepwise approach, including Promote the practice of 3Rs and proper waste pilot demonstrations, can be promoted. (Short management term) Annex C: SummaryTables Used during Consultations on FactorsAffecting Collected-for-Recycling Rates in Relationto Philippine Laws and Policies | 25 Factors Affecting Relevant Existing Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to CFR Rates Management of Plastics Unlock Actions and Investments SCPFP Intermediate Outcome 2.1: Innovation and investment in green technologies and systems increased 3. Separation RA 9003 Barriers encountered despite the law Policies are needed to fully engage and pro- and diversion of fessionalize these services, and these policies RULE VII. PLANNING AND PROGRAMMING Existing rules and policies require/promote recyclables (for need to encompass both the formal and informal POLICY FOR SOLID WASTE MANAGEMENT solid waste management diversion, MRFs, example, MRFs and sectors and provide options for integrating both junk shops) Section 7. Establishing Mandatory Solid Waste recycling and buy-back programs. However, sectors into socially and economically sustainable implementation has been limited on a Diversion solutions. national scale, RULE XI. MATERIALS RECOVERY FACILITIES At the municipal/city/provincial levels, policies Lack of funding, space, infrastructure, AND COMPOSTING to incentivize centralized/clustered integrated technology, and skilled labor are key Section 1. Operations of a Materials Recovery contributors to the failure of widespread use solid waste management/recycling facilities will Facility establish economies of scale to operate efficiently and effectiveness of MRFs (34.4 percent of and cost-effectively, employing personnel from RULE XII. IMPLEMENTING A RECYCLYING all barangays in the Philippines are served by existing MRF operations. Buy-in is essential at PROGRAM MRFs). this level, and policies must clearly demonstrate Section 6. Reclamation Programs and Junk shops and the informal sector lack social, economic, and environmental benefits to Buy-Back Centers financial resources, skills, and technologies the concerned barangays and other stakeholders. to increase and improve their capacities and (Medium to long term) NPOA–ML productivity, although they are recognized There are benefits to formalizing informal waste Enhance recovery and recycling coverage and as the backbone of the existing collection recyclers. These include the fact that they are the markets and separation system for recyclables. This key sector in recovery of recyclables in both urban results in substantial leakage of nonrecyclable MBSDMP and rural areas. They have the expertise in making plastics and other materials, which contributes ISWM01: Improve Waste Reduction and waste diversion a self-sustaining economic activity to the lack of efficiency and cost effectiveness Segregation and operates the forward and backward linkages of current recycling processes as well as that enable wastes to be recovered for recycling ISWM02: Improve Collection, Recycling, and marine litter. purposes. Recovery Informal waste workers have no social and There is a need to develop policies to consciously 2020 Investment Priorities Plan includes economic security, work under substandard create opportunities and incentives for junk shops establishment of privately own materials and unhealthy work conditions and have and the informal sector to participate in formalized recycling facility as one of the preferred limited access to basic services. waste management systems. Such policies need to areas of investment based on EO 226 (DTI– They are not formally recognized as part of have the following characteristics, among others: BOI) the public waste sector but may be a de facto • Improved environmental, health, and safe PDP 2017–2022 part of the formal waste sector. At best, many working conditions; occupational recognition, LGUs register junkyard operators and engage Chapter 19 respect, and dignity; informal waste pickers as “volunteers” to • Appropriate and fair business models; and Provide an incentive mechanism to local collect household waste and allow them to • Communication, education, health, and 26 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action recycling industries keep the money they earn from sorting and inclusion initiatives for waste workers and their segregating recyclables (including plastics) as families. incentives. Factors Affecting Relevant Existing Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to CFR Rates Management of Plastics Unlock Actions and Investments Chapter 20 Given that they generally operate in dire As with collection and segregation of plastics, conditions facing threats of environmental practical experience in developing and operating Target: 80 percent Solid Waste Diversion Rate hazards, fragile peace and order, compete sustainable, commercial-scale recycling facilities Promote sustainable consumption and with community-level materials recovery that can adequately manage even highly production facilities, junk shops are considered eyesores. recyclable plastics is lacking in the Philippines. • Establish a sustainable market for recycla- They lack work security as manifested by Pilot demonstrations of integrated solid waste and bles and recycled products facing harassment by police while transporting plastic waste recycling and management facilities PAP4SCP recyclables, job loss due to sale of illegally under different social, economic, and physical obtained recyclables and lack of secure conditions, with appropriate technology, recycling Intermediate Outcome 2.1: Innovation and access to buyers of recyclables. They also face processes and business models would provide investment in green technologies and systems work related issues such as lack of capital/ on-the-ground experience and learning projects increased transport in the case of itinerant waste buyers, for national and local governments. (Short to proliferation of itinerant waste buyers and medium term) junkshops, price fluctuations (stop buying), For practical measures and best practices, please high cost of transporting goods to recyclers see discussion on competition from informal or consolidators and difficulty in getting sector in annex D No. 7 Mainstreaming informal high quality recyclables due to non-segrega- sector tion by waste generators. Often, they face environmental health issues such as unsanitary work conditions, absence of sanitation facilities, exposure to hazardous, allergenic, and infectious components of waste and potentially shorter life expectancy. There are no specific policies or guidelines for safety and health in the recycling industry (especially in the informal recycling sector). Control for worker safety and health in the informal recycling sector is not implemented; provision or use of PPEs is not practiced. No or limited reclamation and buy-back facilities and services Annex C: SummaryTables Used during Consultations on FactorsAffecting Collected-for-Recycling Rates in Relationto Philippine Laws and Policies | 27 Factors Affecting Relevant Existing Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to CFR Rates Management of Plastics Unlock Actions and Investments 4. Plastics industry Barrier despite RA 9003 As identified under item 3 immediately above, capacity to process explore the feasibility of developing pilot full Zero to negligible incentives all resins recycling facilities/models for locally relevant Barrier despite RA 9003 recycling and r-manufacturing. (Short to medium 5. Recycling plastics Zero to negligible incentives term) market / r-manufac- turing The recycling sector in the Philippines is Based on these learning experiences, a practical, fragmented, small-scale, and inefficient. This is nationwide plastics recycling and r-manufactur- related to several factors including, inefficient ing policy and program can be developed and collection, and separation of recyclable put in place to upscale best practices and ensure products (organics and non-organics), sustainable plastics recycling capacity nationwide. reliance on informal waste collectors, and (Medium to long term) low technology processing systems which Propose a review of recycled content standards for cannot produce recycled resins of sufficient plastic products and packaging materials (short quality or quantity to meet the requirements term), as well as tariffs on the import of virgin of the manufacturing industry. Other factors resins, which are designed to maintain the price that are affecting the development of the competitiveness of recycled resins in a volatile oil plastics recycling industry are lack of recycled price market. (Medium to long term) content standards in plastic products and price competition with virgin resins due to fluctuating oil prices. 6. Residual RA 9003 Weak and inefficient enforcement of RA New policies are needed to target and support processing 9003 a transition to integrated management systems RULE XIII OPERATIONS OF CONTROLLED and disposal that advance the diversion of recyclable, reusable, DUMPSITES RA 9003 and related ordinances require/ (for example, and recoverable materials from residual disposal promote the closure of open and controlled low-cost disposal RULE XIV OPERATIONS OF SANITARY processes. Policies could include low or no dump sites and the provision of improved alternatives) LANDFILLS interest loans, technical assistance for planning, residual management. Enforcement of NPOA–ML development, business model preparation, and existing rules has been ineffective at a financing and partnership arrangements, among Prevent leakage from collected or disposed national scale. others. (Short to medium term) waste Lack of enforcement of existing low-cost Policies can also be employed to accelerate the MBSDMP disposal alternatives, including open dumps, use of technologies that drive a circular economy controlled dumps, and sanitary landfills, is a ISWM03: Improved Residual Management approach, including plastics recovery and disincentive to plastics recycling, integrated recycling, as well as the recovery and recycling RA 9003 waste management, and reductions in marine of other residuals. Such policies (for example, as litter. RULE IX. WASTE SEGREGATION AT SOURCE those regarding solar energy technologies) can Section 1. Waste Segregation and Volume include duty free import of relevant technologies/ Reduction at Source equipment, accelerated capital write-offs, and grants and low-interest loans, among others. (Medium term) 28 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Factors Affecting Relevant Existing Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to CFR Rates Management of Plastics Unlock Actions and Investments RULE X. COLLECTION, TRANSPORT, AND If these existing low-cost alternatives Policies can include updated and consistent HANDLING OF SOLID WASTSES continue to be used, the necessity for national targets for and schedules for diversion national and local governments to move of materials to residual disposal. The current Section 1. Minimum standards for the collection, upwards in the waste management target in the Philippines Development Plan transport, and handling of Solid Wastes hierarchy is dampened as these cheap (PDP) is 80 percent diversion by 2022. RA Section 2. Minimum Requirements for Establishing disposal alternatives take up only a small 9003 is set at 25 percent since 2000. Policies and Operating Transfer Stations amount of the government budget for that provide both incentives and penalties to NPOA–ML solid waste management. facilitate transition to fully integrated waste Prevent leakage from collected or disposed waste management and recycling systems within a Enhance recovery and recycling coverage and given timeline will have a positive impact on markets circular economy, reductions in marine litter, and enhanced plastics recycling. (Short term) MBSDMP ISWM01: Improve Waste Reduction and Segregation ISWM02: Improve Collection, Recycle and Recovery PDP 2017–2022 Chapter 19 Intensify the promotion of segregation-at-source Chapter 19 and 20 Promote the practice of 3Rs and proper waste management SCPFP Intermediate Outcome 2.1: Innovation and investment in green technologies and systems increased PDP 2017–2022 Chapter 19: Target 2022: 12,299 barangays with SLF Promote clustering of LGUs for common SWM facilities and services to take advantage of economies of scale Chapter 20: Enforce the compliance of LGUs to RA 9003 in relation to the establishment of material recovery facilities and treatment facilities and in relation to the closure and rehabilitation of remaining dumpsites Promote strategic clustering of sanitary landfills and SWM technologies Annex C: SummaryTables Used during Consultations on FactorsAffecting Collected-for-Recycling Rates in Relationto Philippine Laws and Policies | 29 Source: World Bank. APPENDIX D: SUMMARY TABLES USED DURING CONSULTATIONS ON FACTORS AFFECTING VALUE YIELD OF PLASTIC RECYCLING IN RELATION TO PHILIPPINE LAWS AND POLICIES Table D.1 below lists the factors that affect the value yield of plastics recycling. These factors were identified in the World Bank market study (World Bank 2021c). Several policy instruments have the potential to promote and facilitate improved value yield for recycled plastics. For example, product standards can potentially be used to create consistent standards for plastic use, which can both encourage the use of recyclable materials and ease the entrance of different products into the same recycling streams. 30 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action NATIONAL POLICIES AND REGULATORY ENVIRONMENT AFFECTING THE VALUE YIELD OF PLASTIC RECYCLING Source: World Bank. Table D1. AppendixD:SummaryTablesUsed during Consultations on FactorsAffectingValueYield ofPlastic Recycling inRelationtoPhilippine Laws and Policies | 31 Table D2. FACTORS, POLICIES, BARRIERS, AND OPTIONS RELATING TO VALUE YIELD OF PLASTIC RECYCLING Factors Affecting Relevant Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to Value Yield of implementation of Plastics Policies Unlock Actions and Investments Plastic Recycling 1. Implementation of RA 9003 Fragmented implementation of Household awareness and behavior is the waste management RULE 45 separation and diversion facilities and starting point for change. Separating wet waste system processes reduces the efficiency and (for example, kitchen waste) from dry waste (for RULE IX. WASTE SEGREGATION AT SOURCE effectiveness of the system and leads to example, packaging) would be a simple yet Section 1. Waste Segregation and Volume loss of materials and value at the same effective step forward. Hazardous household Reduction at Source time. wastes (for example, dry cell batteries) would be RULE X. COLLECTION, TRANSPORT AND a beneficial third category of waste segregation SWM contracts which practically consists HANDLING OF SOLID WASTES in the household. of collection and transport of wastes are Section 1. Minimum standards for the collection, co-terminus with the three-year term of The issuance of SWM contracts merits a closer transport, and handling of Solid Wastes the local government administration. examination to examine how provision of Section 2. Minimum Requirements for Establishing This limits the incentive to invest in actual public goods and services such as SWM can and Operating Transfer Stations improvements in waste management attract long-term investments via private-public • NPOA–ML collection, transport, infrastructure, and partnerships or other cost-efficient options. • Mainstream circular economy and sustainable processing of wastes and recyclables. consumption and production initiatives • Enhance recovery and recycling coverage and markets • Prevent leakage from collected or disposed waste • Develop and implement strategic and targeted social marketing and communications campaigns using various media • Enable sufficient and cost-effective financing • Strengthen LGU capacities and local-level implementation MBSDMP ISWM01: Improve Waste Reduction and Segregation ISWM02: Improve Collection, Recycle and Recovery ISWM03: Improved Residual Management PDP 2017–2022 Chapter 19 Intensify the promotion of segregation-at-source Chapter 20 Promote the practice of 3Rs and proper waste 32 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action management Factors Affecting Relevant Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to Value Yield of implementation of Plastics Policies Unlock Actions and Investments Plastic Recycling 2. Design for RA 9003 Currently, there is a lack of mandatory Recycling can be made more effective and Recycling Standards RULE XII. IMPLEMENTING A RECYCLING standards, regulation, and enforcement of at the same time attractive as an investment PROGRAM design for recycling. option if the government develops and adopts Section 3: Specifications, Product Description and mandatory design for recycling standards and There is a general lack of awareness on Standards improve product labeling, and recycled plastic what is recyclable and nonrecyclable Section 4: Eco-labeling content requirements. (Medium to long term). plastics. Philippine National Standards (PNS) on Sustainable A range of policy options to incentive recycling There are voluntary ecolabels availed by Production and Consumption industry can be reviewed and considered: some products, including plastic products, National Ecolabelling Program with a voluntary but given that they are business to • Voluntarily by industry with or without a Green Choice seal business programs, the public is not aware transition timeframe; of these “green” initiatives and programs • Defined time frame and structure set by the government: • Include subsidy with or without a penalty structure; • Exclude subsidy with or without a penalty structure; and • Penalties not bound to a fixed amount but based on multiple factors to the externality damage cost Eco-labelling standards are being considered in current legislative bills, but this will take time to develop in collaboration with industry and time to implement. (Medium to long term). 3. Virgin oil/resin See discussion on CFR rate prices There are no policies directly relevant to these factor 4. Recycled plastic content requirement in manufactured products AppendixD:SummaryTablesUsedduringConsultationsonFactorsAffectingValueYieldofPlasticRecyclinginRelationtoPhilippineLawsandPolicies |33 Factors Affecting Relevant Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to Value Yield of implementation of Plastics Policies Unlock Actions and Investments Plastic Recycling 5. Value of flexible Currently, the packaging mix in the packaging Philippines has a high share of low-value flexible packaging (61 percent of units consumed are multilayer flexibles (including sachets). As a result, the average material value of the collected waste is often not large enough to support the collection and transportation costs, especially in remote areas that do not have publicly funded waste collection. This leads to poor recovery rate for recyclable materials (GAIA 2019; Ocean Conservancy 2017). The high presence of low value flexible packaging can be attributed to the current business mindset of innovation and cost optimization. While dematerialization results in a significant reduction of plastic used, the positive effect is countered by the resulting poor recovery and recyclability rates of the collected waste, further exacerbated by the continuous growth of the plastics industry in the ASEAN region (Mordor Intelligence 2020). 6. Capacity needs RA 3720 Product standards for packaging Contamination due to poor design for FDA certification can provide a “band-aid” for food quality recycling, lack of high capacity and solution but will not be sufficient to tackle recycled products advanced technologies (such as those the deeper issue of the lack of incentives and producing food-grade recycled resins) to policies to improve the recycling market in the produce high quality outputs. Philippines. Recyclers in the Philippines are typically Before any specific policy on product standards SMEs and are rarely equipped with or adoption of mandatory recycling content advanced recycling technologies or the is drafted, a dialogue is needed between ability to make CAPEX investments to government and industry. This dialogue should install such technologies. address how to develop the industry, based on the recent World Bank market study (World Bank Use of contaminated feedstock sourced 2021c) indicating that the Philippines is losing up from mixed waste, due to lack of source to $890 million a year due to plastics recycling segregation. 34 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action “failure”. Factors Affecting Relevant Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to Value Yield of implementation of Plastics Policies Unlock Actions and Investments Plastic Recycling Environmental, Health and Safety Only 22 percent of the total material value requirements that require costly of plastics ($246 million per year) is currently technology, documentation, and unlocked. The full recycling value of plastics in procedures related to standards the Philippines could reach $1.1 billion, if four of compliance. the country’s key plastics resins had 100 percent collected-for-recycling (CFR) rates and were sold For example, in the Philippines, there is for maximum value in the market. currently no production of food-grade rPET for local consumption of exports (Indorama Ventures plant is expected to begin operations in 2022). This lack of local demand for food-grade recycled products means that local the CFR rate remains low, and recyclers are unable to capitalize on the higher margins and are also more exposed to global price volatility, thus reducing value yield. 7. Mainstreaming Magna Carta for the Poor Absence of policy to integrate the informal Accreditation of informal sector as waste informal sector Sectoral consultations to develop an action plan for sec into the formal waste work stream management service providers. (Short term) the workers in the informal sector ongoing Serious environmental health issues, Organization of the informal sector into Labor Code has no direct provisions to informal occupational hazards and lack of job associations or cooperatives and provided with workers insecurity faced by the informal sector, representation on SWM committees or local which has been exacerbated during the SWM boards. Many informal waste pickers are COVID-19 pandemic. registered and organized at the LGU/barangay level and sit in local SWM boards. (Short term) Lack of financing, appropriate technology, and necessary skills reduces the value Development of formal agreements for of services and products of the informal employment and the provision of collection sector. services, MRF management, street cleaning and support services. (Medium to long term) Inappropriate collection and sorting practices result in increased leakage. There is a need to incorporate practical social inclusion in the policies and plans like Need for capacity building on plastics NPOA-ML, P4P SCP, and so forth. (Medium term circularity using practical examples to based on pilot demonstrations) explain concepts like ‘circular economy’ Need to investigate the issues of fair access and distribution particularly the “group controlling the garbage” AppendixD:SummaryTablesUsedduringConsultationsonFactorsAffectingValueYieldofPlasticRecyclinginRelationtoPhilippineLawsandPolicies |35 Factors Affecting Relevant Policies Factors/Barriers to Effective Potential Policy and Regulatory Options to Value Yield of implementation of Plastics Policies Unlock Actions and Investments Plastic Recycling Need for support for technologies in Good practices of integrating informal waste addressing plastic wastes—for example, pickers I in local SWM board, including them in some brickmaking with plastics as part capacity building seminars, providing technical of the materials in making bricks and training and livelihood programs through marketing their products out of recycled downcycling need to be documented, shared, materials (downcycling) and disseminated to LGUs to make them the Ideally, there is a need to provide norm, rather than the exception. (Short term) technical, financial, and social assistance in the form of loans, training, housing, medical coverage, day care and education for children, and opportunity for capital share in SWM/recycling system. At present, the practice of providing assistance is “ad hoc” and on a “needs basis” 8. Logistics RA 9003 Covered under CFR rate Covered under CFR rate and operating RULE X. COLLECTION, TRANSPORT, AND efficiencies HANDLING OF SOLID WASTES Section 1: Minimum Standards for the Collection, Transport and Handling of Solid Wastes Section 2: Minimum Requirements for Establishing and Operating Transfer Stations Source: World Bank. 36 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action ANNEX E: FACTORS FOR CONSIDERATION IN LEGISLATING SINGLE-USE PLASTIC MANAGEMENT The Philippines ranked third among the top 20 countries with mismanaged plastic waste, generating an estimated 1.88 million metric tons of mismanaged plastics per year that has the potential to reach the oceans as marine debris (Jambeck et al. 2015). The marine debris primarily comprises of single-use plastics that are oftentimes immediately discarded and is cited as one of the main contributors to marine plastic pollution. Due to their ubiquitous nature and negative impacts to the coastal and marine environment and human health, livelihoods, and the economy, single-use plastic products (SUPPs) are increasingly regulated by governments around the world in the form of bans and levies. Bills have been filed at the Senate and House of Representatives of the 18th Congress to curb single-use plastic wastes. Amid the growing concern of the impacts of single-use plastics to the environment and human health, its contribution to climate change and greenhouse gas emissions is also widely recognized. The Department of Finance and Climate Change Commission are championing the passage of the single-use plastic bill and the bill on the imposition of levies in a bid to realize the Philippines’ commitment to reduce its carbon footprint and alleviate the impacts of climate change. A desk review of available local and international literature on SUPP regulations was conducted to determine the alignment of the proposed steps in reducing problematic SUPP pathways to the forthcoming policies and legislations on SUPPs in the Philippines. This desk review included the provisions of three SUPP-related house bills (HBN 9147 on SUP Products Regulation, HBN 33 on Plastic Labelling, and HBN 9171 on Plastic Bags Tax) and the position papers submitted by the various national agencies, the industry and business sector, and other stakeholders to the House Committee on Ecology and House Committee on Ways and Means on HBN 9147 and 9171. HBN 9147 entitled, AN ACT REGULATING THE PRODUCTION, IMPORTATION, SALE, DISTRIBUTION, PROVISION, USE, RECOVERY, COLLECTION, RECYCLING, AND DISPOSAL OF SINGLE-USE PLASTIC PRODUCTS, was approved on March 25, 2021, by the House Committee on Ecology and Ways and Means in substitution of 37 House Bills and 4 House Resolutions with the same subject matter and was submitted to the Committee on Rules on the same date. HBN 9171 entitled, AN ACT IMPOSING EXCISE TAX ON PLASTIC BAGS, THEREBY ADDING A NEW SECTION, DESIGNATED AS SECTION 150-C, IN THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED, was approved on April 5, 2021, by the House Committee on Ways and Means in substitution of House Bill 178 and was submitted to the Committee on Rules on May 17, 2021. HBN 33 entitled, AN ACT MANDATING THE LABELLING OF PLASTIC PRODUCTS ACCORDING TO THE TYPE OF PLASTIC RESIN USED IN SUCH PRODUCTS, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES, is pending with the Committee on Ecology since July 23, 2019. HBN 9147 and 9171 are currently under consideration for Second Reading where amendments may still be made prior to submission for Third Reading. After the Third Reading, the approved Bill is transmitted to the Senate where it will undergo the same legislative process. The desk review was able to initially confirm that the 3 house bills have considered several key actions that were taken by other countries in implementing SUPP regulations to reduce the problematic SUPPs as well as the recommended actions in developing SUPP regulations from internationally commissioned studies and reviews, particularly those from UNEP. These included the following: Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 37 • Looking at specific categories of unnecessary or problematic plastics for phasing out like plastic straws, stirrers, and cutleries where there are readily available alternatives; • Looking at a broader range of SUPP, including plastic packaging and plastic bags of certain thickness for phase out within a prescribed period; and • Considering a combination of regulatory approaches to limit or manage the use of SUPP, such as bans and restrictions, use of economic instruments, application of standards, certification, and labeling, including options for postconsumer use such as recycling and reuse and soft measures, such as improving capacity and public awareness. Key factors that may be further considered in the process of refining the provisions of the bills or during the preparation of the Implementing Rules and Regulations once the bills are enacted into law. These factors were primarily drawn from the recommendations of the various agencies’ position papers and practical experiences and lessons learned from other countries in implementing SUPP regulations. 1. Conduct baseline assessment to obtain a better understanding which SUPP are the most prevalent and problematic in the Philippines and to also identify the sources and extent and impacts of mismanagement. In the absence of a national legislation on SUPP, a significant number of local governments in the Philippines has passed ordinances regulating the use and imposing levies on SUPP. A 2021 online article of the Philippine News Agency cited that there are currently 489 cities, municipalities and provinces in the country that have issued SUPP-related ordinances in the past 10 years (https://www.pna.gov.ph/ articles/1133624). Despite these efforts, there seemed to be very limited information that shows the effectiveness of the bans on reducing plastics and litter, or even diversion from landfills in the country. The National Tax Research Center of DOF has published a report in 2019 summarizing the regulations on SUPP bans and levy on plastic bags in the Philippines and in other countries (https://ntrc.gov.ph/ images/journal/2019/j20190910b1.pdf). The report included a summary of plastic bag ordinances from 19 LGUs in the Philippines but no details were provided on the progress of implementation. San Fernando City in Pampanga is oftentimes cited as a model city for Zero Waste where 85 percent compliance on the total ban on plastic bags was recorded among its residents as of June 2019 through the gradual phase out of plastic bags since the ordinance was passed in 2014 (https://manilastandard. net/lgu/luzon/308094/san-fernando-hailed-for-work-on-zero-waste.html). For the majority of LGUs in the country, however, there seemed to be no clear documentation and reporting of progress and updated waste data possibly due to the difficulty and complexity of data generation and assessment. Another possible constraint is the scope of the LGU ordinances vary and covered different kinds of SUPP, including the exemptions, which makes integration of the various reports, if available, a challenge. This concern is corroborated by UNEP (https://www.reloopplatform.org/wp-content/uploads/2018/06/ UNEP-report-on-single-use-plastic.pdf) where a review of over 140 regulations on bans and imposing levies on SUPs in more than 60 countries showed that in more than 50 percent of the cases, there is insufficient information to draw robust conclusions on the environmental impacts, which is partially attributed to lack of monitoring and reporting systems. Despite the limited information on the effectiveness of the local ordinances, the baseline assessment can focus on gathering and consolidating available information from completed and ongoing studies and hotspot assessments to help determine the most problematic SUP products, the likely environmental and economic impacts of the ban, the existence of adequate infrastructure and enforcement capabilities and the availability of sustainable alternatives. Available information on the environmental and economic impacts of SUP ban in San Diego, California, showed that implementation of an ordinance on plastic bag ban has the potential to eliminate close to 350 million bagsper year that can be translated to reductions in GHG emission, energy consumption and solid waste generated during the life cycle of a plastic bag. On the other hand, use of paper bags and reusable alternatives is projected to significantly increase water usage. While determining the economic impacts is challenging due several variables affecting consumer behavior, the study 38 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action indicated that retailers may be affected over the short term due to increase in baggage costs resulting from increased paper bag usage, this is, however, projected to decrease over time as consumers begin transitioning to using reusable bags. For the plastics industry, which is anticipated to be negatively impacted, limited data rendered it difficult to estimate the impact. (https://energycenter.org/sites/ default/files/Plastic-Bag-Ban-Web-Version-10-22-13-CK.pdf). In Wales, UK, the preliminary results of desk-based research to determine the potential economic, social, and environmental impacts of an SUP ban or a restriction in sales in line with the EU Directive on SUPs including nine categories of SUPPs2 also highlighted data limitations, which must be taken into consideration when interpreting the results (https://gov.wales/impacts-ban-or-restrictions-sale-items-eus-single-use-plastics-directive). Relevant information is provided in the results of policy research on ban of SUP bags conducted in Lawrence City, Kansas, in 2019. That research included a forecast analysis, a predicted outcome and sensitivity analysis that allowed the identification of a fee-based policy to be implemented as the most viable method of reducing the use of plastic bags. The ordinance that resulted from the policy research recommended to impose a $0.16 per bag fee upon checkout and will apply to both single-use plastic and paper bags (https://lawrenceks.org/wp-content/uploads/2016/09/Lawrence-SAB-Single-Use-Plas- tics-Policy-Research-and-Recommendations-2019-06-12-1.pdf The baseline assessment is necessary in light of the above concerns and more importantly to provide the basis for target setting to support monitoring, evaluation, and reporting. The baseline assessment is also in line with Strategic Actions 1.1–1.4 of the National Plan of Action on Marine Litter and thus would contribute to the establishment of a monitoring, evaluation, reporting, and information dissemination system for the NPOA–ML. One of the strategic targets is to standardize the methodology and appropriate data collection system for marine litter information in the country—this would hopefully address the gaps in data sources, comparability, transparency, and ease of data gathering for marine litter and SUPs. Locally, through the study done by the Global Alliance for Incinerator Alternatives, information is available on the perception of consumers regarding SUPs and their willingness to accept regulatory interventions. Recommended policies included the following: • Advocating for a national law prohibiting the production, sale, distribution, and use of SUPs; • Phaseout of sachets to be replaced by alternative delivery systems; and • Ensuring that corporations take responsibility for their products even after they are sold, used, and disposed of. • The above recommendations are covered in the HBN 9147. The report also covered several initiatives from the private sector and social enterprises. Another important aspect of baselining is it will facilitate the monitoring of results over time which is essential in measuring the effectiveness of policy and management interventions in SUP management. 2. Science-based or evidence-based studies in the identification of the most problematic SUPs for phaseout. This factor was highlighted by a number of national agencies including NEDA, DOST, and the business/industry sector (for example, Philippine Alliance for Recycling and Materials Sustainability, Philippine Chamber of Commerce and Industry, European Chamber of Commerce for the Philippines, Association of Petrochemical Manufacturers of the Philippines, Business for Sustainable Development, First in Colours Incorporated, and Coca Cola Philippines), as well as studies conducted in other countries. Some relatively recent examples of research on SUPP in the Philippines included the University of Santo Tomas Research Center for Social Sciences and Education study of Filipinos’ sachet-consump- tion habits. GAIA built upon that research in preparing its 2020 review document on moving towards a sachet-free economy in 2020. The review identified the top SUPPs and low-value SUPPs that can be 2 Cotton bud sticks; cutlery (forks, knives, spoons, chopsticks); plates; straws; beverage stirrers; sticks to be attached to and to support bal- loons; food containers made of expanded polystyrene; beverage containers made of expanded polystyrene, including their caps and lids; cups for beverages made of expanded polystyrene, including their covers and lids. Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 39 phased out, which include plastic sando bags, polystyrene food containers, plastic labo bags, plastic straws and stirrers, sachets, plastic drinking cups, cutlery such as plastic spoons and forks, packs for juice and other beverage packaging like milk cartons, plastic bottles for juice, and plastic bottles for water. A World Bank–supported plastic field survey being conducted by the University of the Philippines looks at the different plastic waste types leaking into the Pasig River and Manila Bay. That survey, estimating the quantities and key locations of plastic waste leakage into waterways, is another example of research on SUPs and SUPPs in the Philippines. As of December 2020, the study identified the top 10 most common waste types by count, which included polystyrene pieces, sando bags, plastic labo bags, snack wrappers, non-plastic wastes, drink wrappers, PET bottles, candy wrappers, PCP plastics, and noodle wrappers. In the context of monitoring and enforcement, standards and metrics would be useful to be specified, along with guidelines on the process for identifying SUPs for phaseout. The NPOA–ML identified developing standards and pilot testing of innovative technologies and approaches to support the development and implementation of a plan for a phase-wise shift to circularity including standards for products and procurement. Details on these standards and metrics will be threshed out when the discussions on the implementation of the NPOA–ML will be undertaken. Moreover, Resolution 1363 (s. 2020) of the National Solid Waste Management Commission directing the DENR to prepare an implement the banning of the use of unnecessary SUPs by NGAs, LGUs, offices all other government-controlled offices listed 7 SUPs3 that considered unnecessary as part of the solid waste avoidance and minimization strategy of the government. The NSWMC has also approved the inclusion of plastic soft drink straw and plastic coffee stirrer in the list of non-environ- mentally acceptable products (NEAP) as part of the implementation of RA 9003. Once the resolution is approved, the use of these SUPs will be prohibited. 3. Research and development and technology transfer of affordable, accessible, and sustainable alternative materials/products. DOST has been particularly identified to lead this process. The Philippine Council for Industry, Energy and Emerging Technology Research and Development (PCIEERD) of DOST included in its call for proposals for 2021–2022 innovative solutions to plastic waste management. Under Strategic Priority 2, PCIEERD is supporting interdisciplinary research that aims to accomplish the following: ö Facilitate baseline data gathering for sources and areas of plastic pollution; ö Assess the impact on emission of pollution from plastic wastes; ö Facilitate new product development from plastic wastes; ö Promote the development of appropriate technologies for the detection, measurement, and treatment of microplastics; and ö Establish a facility for biodegradability testing of plastics (https://pcieerd.dost.gov.ph/images/ callforproposal/2020/cfp2020/PCIEERD-Call-for-Proposal-2020.pdf). DOST’s Industrial Technology and Development Institute (ITDI) has funded projects on green packaging particularly the development of alternative packaging and alternative materials using indigenous materials such as wild grass, coconut coir and pineapple fibers. ITDI has also developed cutleries made of biodegradable polymer (for example, corn and cassava starch combined with nano clay) that have been tested for biodegradability (soil test) and toxicity. While the transfer of technology has been promoted by ITDI, the application of the technology has not yet reached commercial scale since the source of nano clay from indigenous materials is still being explored. Also, ITDI only covers the technical feasibility of options for alternative packaging while prospects for investments are coordinated with the Bureau of Investments. Moreover, the production costs of biodegradable packaging are 100 percent more expensive compared to existing packaging materials. 3 Plastic cups (less than 0.2 mm in thickness), plastic drinking straws, plastic coffee stirrers, plastic spoons, plastic forks, plastic knives, and plas- tic labo and thin-filmed sando bags (less than 15 microns). 40 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action In their position paper submitted to the House Committee on Ecology, the European Chamber of Commerce for the Philippines suggested that the alternatives must meet (a) the desired level of quality, (b) minimum specifications, (c) circumstances for their use, (d) supply of materials, (e) policy considerations, and (f) competitive cost. 4. Conduct life-cycle analysis (LCA) for SUPP and their alternatives. As widely known, LCA aims to provide information through an objective, science-based approach that assesses the environmental impact across the entire life cycle of the product or service, covering resource extraction and material processing to manufacture, transport and distribution, use, reuse, and recycling, and eventual disposal. LCA is also a useful tool to identify and help address the potential trade-offs and burden-shifting that can arise when developing and implementing policy on specific products. A UNEP report published in 2018 indicated that one of the reasons why plastic bag regulations are not yet effective in addressing plastic pollution is that few countries regulate the entire life cycle of plastic bags (https://wedocs.unep.org/handle/20.500.11822/34570). HBN 9147 purposely covers the life cycle of SUPPs (for example, from production, importation, sale, distribution, provision, use, recovery, collection, recycling, and disposal). A 2021 report also by UNEP provided recommendations for possible government actions to address SUPP pollution using a life cycle approach. The study assessed the full life cycle environmental impacts of shopping bags, beverage bottles and cups, takeaway packaging, tableware, nappies, and feminine products and facemasks compared to their alternatives. The report emphasized that products intended for single use are the problem, regardless of their material and thus multiple uses of reusable products need to be promoted. The report also highlighted that policies should be designed based on geographical and social context; promote resource efficient product design and circularity; decrease the environmental footprint of production, among others, where to some extent has been captured in the SUPP bill (https://www.lifecycleinitiative.org/new-publication-addressing-single-use-plastic-prod- ucts-pollution-using-a-life-cycle-approach/). For specific SUPPs like single-use plastic bags (SUPB), policies can further consider the environmental impacts as concluded from the study. The impacts considered should include country-specific data, particularly on the waste management system, the SUPB’s material type and weight; the number of times the SUPB is used; and the technology, materials, and energy used in production, because these factors vary between countries and have an important impact on the LCA results. 5. Monitoring, evaluation, and reporting of progress in the implementation of policy interventions and management programs over time. This factor appeared to be one of the major gaps in the current SWM or plastic waste reduction practices of the national and local governments in the Philippines. As previously mentioned, this concern is also true in more than 60 countries covered in UNEP’s 2018 assessment and thus is not unique to the Philippines. There seemed to be no systematic and coordinated process of documenting and consolidating the data on SWM or plastics at both local and national levels. HBN 9147 requires DENR and DTI to conduct regular monitoring and routine inspections of the point-of-sale stores and the facilities of plastic manufacturers and importers to determine compliance with the SUP Act. The NGA’s position papers revolved on the process by which this provision will be implemented, which includes the following: ö Entry or access to the premises of operation and business, including storage rooms and stockrooms; ö Inspection of off-site storage facilities, distribution centers, and trans-shipment points; and ö Inspection of the recovery, recycling, treatment, and disposal facilities, to determine if residual plastic products are being properly diverted and disposed of. In 2019, GESAMP published a comprehensive guideline for monitoring and assessment of plastic litter and microplastics in the ocean. While the guidelines cover plastic litter or marine litter in general and is not directly targeting SUPs, it provides practical guidance for governments and organizations Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 41 responsible for managing land-based sources of pollution in designing monitoring programs to assess the distribution and abundance of plastic litter based on internationally agreed methodologies and protocols, which include indicators and targets, data requirements and survey design, dealing with uncertainties and reporting (http://www.gesamp.org/publications/guidelines-for-the-monitoring-and- assessment-of-plastic-litter-in-the-ocean). The guidelines can help inform the process of developing an M&E and reporting and verification mechanism for the NPOA–ML (Strategic Actions 1.1–1.4). With the establishment of the M&E and reporting mechanism with measurable and timebound targets based on the priorities identified in the baseline assessment, the M&E and reporting allows the refinement of strategic actions and adjustments particularly if targets cannot be achieved within a specified timeframe. 6. Phaseout period and effective dates of SUPP ban. Experiences can be learned from other countries and tailor fit the applicable measures to the Philippine situation. Bans on SUPP are usually preceded by a grace period before compliance is required and when enforcement begins. HBN 9147 identified the following non-compostable SUPPs for phaseout within one year of the SUP Act’s effective date: drinking straws; stirrers; sticks for candy, balloon, and cotton buds; buntings; confetti; and packaging or bags less than 10 microns thick. On the other hand, plates and saucers; cups, bowls, and lids; cutlery like spoons, forks, knives, and chopsticks; food and beverage containers made of expanded polystyrene; oxo-degradable plastics; film wrap, packaging, or bags less than 50 microns thick; and sachets and pouches that are multilayered with other materials are identified for phaseout within a period of four years of the SUP Act’s effective date. Production, importation, sale, distribution, provision, or use of such plastic products will be prohibited after the indicated grace period. Phaseout of other SUPs like plastic bottles, packaging, or products that are multilayered with other materials, multilayered tetra packs, election or advertising paraphernalia, streamers, and other non-compostable SUPs are identified for phaseout two years after the effectivity of the SUP Act and every two years thereafter if confirmed to be high in replaceability, low in recyclability, or low in retrievability. A phase-in approach has been recommended by several national agencies including DTI, NEDA, and DOST, as well as by the business sector. This recommendation has been captured in the current bills, but consideration is being sought on the suggested period for the phaseout. DTI proposed that industries should be given ample time to comply (no specific time frame was cited) in consideration of the adjustments that local manufacturers must undertake to include labeling in their production process as well as for importers to be able to source from compliant suppliers. NEDA supported DTI’s position that the phasing out of SUPs must have a clear timeline (not specific time frame was also cited) considering determination and availability of alternative products or materials, and the ability of the manufacturers or retailers to establish the necessary technologies or mechanisms. The business and industry sector includes, among other businesses, the Philippine Plastics Industry Association Inc., Philippine Alliance for Recycling and Materials Sustainability, Business for Sustainable Development, Association of Flexible Packaging Manufacturers of the Philippines, and Nestle. They recommended amendments to the list by delisting selected SUPs to be subjected to reduction or recovery programs or be part of the Extended Producer’s Responsibility. Request for consideration on the phaseout period was also made (for example, two or five years after the effectivity of the Act instead of 6 months) to allow the local manufacturers and consumers to adjust to the transition. HB 9147 abides by the other country’s regulations on the thickness of SUP bags that are allowed or banned. There are considerable variations in the thickness threshold requirements of the various countries, which range from 15 to 100 microns. Several countries ban or impose a levy on plastic bags with a thickness of 30 or 50 microns or less which are classified as lightweight or thin plastic bags. In Moldova, a progressive phase out of plastic bags was adopted where SUPBs with thickness of 50 microns, followed by lightweight plastics and very lightweight plastics are to be phased out sequentially over a period of 3 years. In Chile, the plastic bag ban included a period of transition where the ban 42 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action came into force for major retailers one year after its enactment and two years after enactment for smaller businesses. In Pakistan, the ban is initially limited to one or more geographical areas, typically the capital city or major urban areas, and gradually expanded to cover other areas. Cambodia does not impose a ban but requires a permit from the Ministry of Environment for the manufacture or import of plastic bags with thickness of 30 microns, with exemption given for the noncommercial importation of less than 100 kilograms. Phased implementation and grace periods give businesses and consumers time to adjust. Technical assistance can be provided to businesses and information and awareness campaigns for consumers during the transition period such as providing mini-grants to vendors of prepared food to assist them during the transition period (https://www.unep.org/resources/report/ legal-limits-single-use-plastics-and-microplastics). 7. Technical assistance and capacity building needs of local governments to strengthen their capacities in the local implementation of SWM programs, in general and plastic waste reduction measures. This factor is also highlighted in the NPOA–ML in view of the devolution of important governmental functions and services to local governments. The government is currently in the process of conducting consultations and briefings among relevant NGAs and LGUs for the implementation of the Supreme Court Decision in the Mandanas-Garcia case where the Internal Revenue Allotment of local governments is expected to increase by 27.61 percent starting in 2022. The expected increase in resources for LGUs will require the devolution of selected NGA services to LGUs to mitigate the fiscal impact of the ruling and will require greater demand for capacity and supervision of LGUs. This development is important since limited budget is cited as one of the major gaps in RA 9003 implementation and in consideration of the capacity building needs of LGUs. It is anticipated that the roadmap that will be developed for localizing the NPOA-ML can clearly delineate the capacity building support on proper waste management/diversion and marine litter management to be provided to LGUs to allow them to fully execute their mandates in the implementation of the NPOA–ML until 2040 as well as the forthcoming legislations on SUPP. HBN 9147 requires LGUs to be responsible for the implementation and/or monitoring of compliance with wastes segregation, collection, recovery, transport, recycling, and disposal of plastic products. The LGUs may enjoin the participation of other concerned government agencies, private entities, and industries for this purpose. The DENR, in coordination with the NSWMC and the DOST, provide the LGUs with technical assistance, trainings, and continuing capacity-building programs to attain the Act’s objectives.Figure E.1 shows the linkages among the various factors for reducing problematic SUPPs. Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 43 LINKAGES AMONG THE VARIOUS FACTORS FOR REDUCING PROBLEMATIC SUPPS Source: World Bank. Figure E1. 44 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action REDUCE PROBLEMATIC SINGLE-USE PLASTICS The table below presents (a) approaches to be taken; (b) relevant legislation; (c) legal requirements and policies; (d) identified shortcomings; (e) short-term options to address the gaps, including recommendations from NGAs and business and industry; and (f) responsible agencies. Table E1. REDUCING PROBLEMATIC SINGLE-USE PLASTICS Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects Reduce House Bill 9147: SUP Section 3: Phaseout of SUP • Since RA 9003 was passed, 316 • Build on the existing baseline • DENR problematic Products Regulation Act4 products LGUs have issued local ordinances and hotspot assessments • NSWMC SUPs banning or regulating plastic bags to help determine the most • DILG Regulating the production, • Within four years, phase use (EMB-DENR 2018; see DENR problematic SUP products, • DOS Importation, Sale, out tableware, film wrap, (2018)). the likely environmental and • DTI Distribution, Provision, packaging, or bags less • In 2020, NSWMC issued a resolution economic impacts of the ban, Use, Recovery, Collection, than 50 microns thick, that directed DENR to implement the existence of adequate Recycling, and Disposal of sachets and pouches, the banning of “unnecessary” SUPs infrastructure and enforcement Single-use Plastic Products oxo-degradable plastics, in all government offices. capabilities and the availability and stropper food and Substitute Bill for 37 • Despite the bans, there is no or very of affordable, accessible, and beverage containers. House Bills and 4 House limited verified information on the sustainable alternatives. • Within one year, phase Resolutions effectiveness of bans on reductions • DTI recommended a phased-in out the use of single-use in plastics and litter, or diversion approach, initially limiting to plastic drinking straws from landfills in the Philippines. some types of SUP products; (except for medical use), • No knowledge regarding percent- encourage supply and stirrers, candy sticks, age of plastics production and con- demand side solutions through balloon sticks, cotton sumption affected by the phaseout consumers’ use and business- bud sticks, buntings, and the 50-micron and 10-micron es’ production of alternatives confetti, and packaging/ specifications. to single-use plastic products; bags less than 10 microns • Lack of extensive data on the pro- private sector’s replication thick. duction, consumption, and disposal of NSWMC resolution 1363; of plastics and plastic packaging. organizing dialogues with the • No accurate and updated waste business sector; lend support data covering all cities and munic- to NGOs initiatives on plastic ipalities due to the difficulty and waste management. complexity of data generation and • BSD recommended using assessment. evidence-based criteria (that is, impact on customers, secondary utility, and benefit to LCA cost) in identifying the SUP products for phaseout. Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 45 4 An Act Regulating the Production, Importation, Sale, Provision, Use, Recovery, Collection, Recycling and Disposal of UNNECESSARY SUP products or UNNECESSARY SUP Products Regulation Act (recom- mended by the DOST-NAST, PBEST, PARMS, PCEPSDI, and WWF). Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects • As of 2021, 14 of 17 Metro Manila • The use of plastic products or LGUs have an approved local packaging not included in the ordinance banning the use of list immediately above shall single-use plastics in dry and be subject to the NSWMC’s wet markets, hotels, restaurants, approved plan to implement commercial, and business establish- producers’ responsibility. ments. • DOST–PCAARRD recommend- • Assessment of the Implementa- ed that consultations be made tion of the Plastic Bag Reduction not only with the producers Ordinance in Quezon City and commercial establish- (2012–2016) showed a decline in ments but also the various the volume of plastic collected sectors of the community from households, as shown in the where the policy might have WACS of 2003 and 2013, which may social equity impact. partially reflect the effectiveness of • DOST–PCAARRD recommend- the ordinance in addressing plastic ed that an assessment of the pollution. effectivity and efficiency of • In Batangas City, an assessment phasing out the initial list of of the effectiveness of anti-plastic SUPs in terms of economic ordinance in 2016 showed that and environmental impacts cooperation among the community be included and allow for the members is a major problem and deletion of the SUP in the list profile variables including age, civil covered by the bill. status and respondent’s category affected the effective implementa- tion of the ordinance. Section 4: Phaseout of other Criteria are subjective and open-ended. SUP products Standards and metrics required for • Every two years, identify monitoring and enforcement need to additional SUPs for be specified, along with guidelines on phaseout, applying the process for identifying and phaseout. criteria of high in replace- No options identified; how can industry ability, low in recyclability, respond/react? or low in retrievability. No indication of monitoring, measurement, and assessment of impacts, costs, and benefits derived from bans, including reductions in 46 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action plastics usage, litter, and diversion. Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects Section 5: Phaseout Plan for • Seems to be government focused; • Scientific approach is needed, • DENR SUP products this is an opportunity for engaging including sound baseline • NSWM industry, manufacturers, and information on SUP con- • DTI • Within six months and in retailers in planning and scheduling sumption, presence in waste • DOST, consultation with identi- process. stream, management/recycling • FD fied agencies, DENR to • Local government has a significant potential, options, and their • DOH formulate a phaseout role in increasing recovery as well. impacts. • DEPED plan for SUP wastes, with • Did not elaborate on the timeline • Review available case studies • DILG components on reducing of implementation of the phaseout on phase out periods and consumption, increas- plan. effective dates of SUP ban in ing recovery, keeping producers accountable, other countries. developing alternatives, • DTI indicated that government and raising awareness. fiscal and nonfiscal support may facilitate the necessary shift to alternative products; the provisions under the Corporate Recovery and Tax Incentives for Enterprises Act may sufficiently incentivize manufacturers. • The European Chamber of Commerce in the Philippines recommended the adoption of a tailor-fit approach based on thorough scientific studies and/or constructive dialogue with the industry instead of the unitary sweeping ban of plastics especially without the presence of affordable, viable alternatives. • NEDA recommended to provide a clear timeline for phasing out SUPs considering the availability of alternative products or materials, and the ability of the manufacturers or retailers to establish necessary technologies or mechanisms. Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 47 Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects Section 6: Compostable • Compostable plastics are not the • Review the gaps and chal- • DTI plastic same as biodegradable or oxo-bio- lenges in the implementation • DENR degradable or bio-based conven- of the National Ecolabelling • DOST • Within six months and in tional plastics. Programme – Green Choice • NSWM consultation with iden- • Compostable plastics are an envi- Philippines or NELP–GCP, a • LMP tified agencies, DTI to ronmentally preferred alternative voluntary, criteria-based, and • Other promulgate the Philip- but have limitations (for example, third-party environmental government pine National Standard sustainable source, cost of produc- performance label that aims and private for compostable plastic tion, and material marketing). to encourage clean manufac- agencies and products, including • According to Philippine National turing practices and to guide organizations exploring the recov- Standards (PNS 2102:2013, ICS consumer product selection erability, recycling, or 83.080.01), the recovery of com- that DTI–BPS oversees. reprocessing value of the products into other postable plastics through com- • FIC recommended that to posting can be carried out under minimize confusion and misuse useful materials. the conditions found in well-man- of available technologies, aged composting plants, where it must be verified, certified the temperature, water content, and standardized building on aerobic conditions, carbon/nitrogen DOST–ITDI’s Environmental ratio and processing conditions Technology Verification to are optimized. Such conditions are allow innovators to pilot their generally obtained in an industrial products. composting facility. At the barangay • PARMS proposed that other level, the requirement of compost- biodegradable alternatives ing facility is not being properly that conform to standards implemented as required under RA be allowed, as technology 9003. continues to improve in the search of innovation in the packaging globally so as not to limit the potential options. 48 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects Section 7: Responsibility of • No boundaries are identified. • NEDA recommended to • DENR producers and importers • Needs further definition regarding identify an appropriate agency • NSWMC process, EPR activities, incentives, to monitor compliance and • In two years, producers and disincentives. evaluate the effectiveness of and importers are • There is a need to identify ways EPR programs to optimize required to incorporate to reduce footprint and what is the social and environmental themselves and start eligible. benefits. phasing-in EPR activities • There is a need to determine • WWF’s proposed EPR scheme to prevent plastic wastes baseline footprint and guidance is for the Philippines includes from polluting the envi- required on the process. (a) Mandatory EPR scheme ronment. • Standardization required for within a clear timeframe • Within five years, every imported and domestic products— with a voluntary compliance producer and importer that is, labelling and packaging. phase (years 1–3), (b) Cover are required to recover • Proper recovery and diversion are all packaging materials from or off-set 100 percent open-ended. households and equivalent of their plastic product • National government needs to places of origin, (c) establish footprint and label their demonstrate leadership, as a major a nonprofit Producer Re- packaging to facilitate consumer of plastics; determine if sponsibility Organization, the proper recovery and similar commitment/ target for the (d) Strict monitoring and diversion of their plastic national government to eliminate its control systems, and (e) Build wastes after use. plastics footprint within five years. high-quality recycling capacity. • Importers and producers • Needs further input from re- • PCCI reiterated their position are allowed to deduct sponsible government depart- that the phaseout or ban any expenses that are ments on criteria for eligibility SUP products and packaging necessary for the and a timeframe for phased EPR must be supported by scientif- recovery and diversion approach. ic, technical, life-cycle assess- of their plastic product ment of alternative products footprint from their and packaging and economic taxable income. analysis. • PCFMI and PARMS recom- mended a review of the target where the current proposal of 50 percent in three years, and 100 percent in five years stated in the substitute bill may be difficult to achieve. This is particularly the case for the majority of small and medium enterprises that may not have the same capabilities, technol- ogy, and resources compared Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 49 to the MNCs to fully meet the target. Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects • Developed countries that have the infrastructure in place for recycling and treatment are currently at 55 percent to 65 percent recycling rates for packaging. • PARMS indicated that setting up a producers’ responsibility scheme which aims to manage end-of-life packaging waste, should be for the long term and suggested to separate the items to be banned or phased out from items that need to undergo responsibility schemes so that the necessary infrastructure to recover, collect and recycle or treat the identified materials shall adequately and sustainably be set up. • Coca Cola PH supports the EPR by undertaking programs to redesign its packaging, close the loop on its recyclable plastic bottles, and increase investment in the recycling sector towards reduced plastic pollution. Recommended the application of an economic model that fully supports the collection and recycling industry while building the capacities of communities to handle recyclable packaging wastes. • Unilever recommended the conduct of a formal study of various collection and repro- 50 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action cessing schemes led by various multistakeholder partnerships to see the most viable model for the EPR system in the Phil- ippines. Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects • Ecowaste recommended that the responsibility of the producer should not only be emphasized in the post- consumer stage but also on the production stage where producers are encouraged to rethink their designs and do away with disposable materials and packaging at the produc- tion level. Section 8: Responsibility of • 60 days to comply may not be • DTI suggested to allow com- • DOF commercial establishments realistic. mercial establishments the • Further guidance is required on flexibility in instituting their • Commercial establish- alternatives, costs, and benefits. respective initiatives to reduce ments are required • How to implement? What risk does the use of plastic products to promote reusable, this represent to small operators/ that would be tailored fit to recyclable, and retriev- family businesses? their specific enterprise and able products in their • DOST raised concern on the re- capability. stores, charge P5.00 sponsibility of commercial establish- • PARMS sought reconsideration from customers for ments after the 60-day period. on the charge system given every plastic bag or SUP that the P5.00 fee on every used for takeout food single-use plastic bag will be or delivery service and added on top of the P20.00 facilitate customer return excise tax per kilogram of of used plastic products plastic bag recently passed by to the store. the House Ways and Means Committee and the EPR requirement. The accumulat- ed cost is much higher than policies imposed even by developed countries with more affluent consumers, which is equivalent to around P2.00 to P2.50 per piece. • FIC recommended for a gradual implementation of the P5.00 per SUP tax for retailers. • DOST-PCAARRD recommend- ed the conduct of valuation Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 51 study that would serve as basis for charging a P5.00 fee. Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects Section 10: Monitoring and • Enforcement of plastic bag monitor- • DENR and DTI will ensure • DENR market inspections ing and inspection regulation at the that they are equipped with • DTI • DENR and DTI to local level varies in terms of strin- the updated technical skills to conduct regular and gency, hence affecting the result. ascertain the compliance of manufacturers. routine inspection and monitoring of the point- of-sale stores and facil- ities of commercial es- tablishments, producers, and importers. Section 14: Shift to • Lack of information on options and • UNEP has a compilation of a • DOST alternatives their footprint. meta-study of existing studies of • DA • No timeframe. life-cycle assessments of several • DTI • DOST to help local man- • What incentive does industry have to single-use materials that can • DENR ufacturers shift to alterna- shift to sustainable alternatives? replace plastic products which • NSWMC tive materials, and DTI to • Is this a realistic expectation in the was submitted as an information ensure maximized purpose, Philippines economy, or should these document to the fifth session of minimized waste footprint, targets be first identified regionally the United Nations Environment and increased recover- (for example, ASEAN). Assembly in February 2021. ability and recyclability • Research showed that many of the • Strengthen DOST–ITDI’s R&D of imported or produced post-use and waste management programs for plastic alternatives SUPs. challenges that exist in relation to and facilitate technology transfer conventional plastics are the same and adoption of available tech- for biodegradable and compostable nologies by the business sector. plastics. • DOST, in coordination with the DENR and DTI, to undertake life cycle analysis and marginal cost assessment to ensure that the alternatives: (a) meet the func- tional requirement, (b) minimize environmental impacts, and (c) are cost-effective. • • PARMS and FIC recom- mended that DOST develop and implement a program that will assist local manufacturers in developing or acquiring the ap- propriate technology to produce 52 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action highly reusable, recyclable, com- postable materials, or alternative products. Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects Section 15: Production and • There is considerable variation in the • There exist a Philippine National • DTI importation control thickness threshold requirements Standard for plastics, plastic • DA of various countries. Manufactur- and plastic products, specifica- • DOST • DTI in coordination with ing and import restrictions include tions for compostable plastics, • DENR other agencies to establish the thickness and material content monobloc chairs, stools, and • NSWMC the dimensions, thickness, of allowable plastic bags. Twelve plastic tables, and PVC resin. labeling, structures, countries ban or impose a levy on • FIC recommended the addition capacity, color-coding, plastic bags with a thickness of 50 of labels and markings that will materials, and other microns or less while ten countries ban make it easier for consumers, relevant parameters of an or impose a levy on plastic bags with a manufacturers, auditors, collec- SUP. thickness of 30 microns or less. tors, and recyclers to identify a particular product and their intended purpose, how to segregate and recycle and how to dispose of it afterwards. Section 17: Role of LGUs • How can LGUs benefit directly (or • DENR and NSWMC to lead • DENR at least share the burden) of SUP the provision of assistance and • NSWMC • LGUs are primarily respon- reduction and improved plastics capacity building programs with • DOST sible for the implementa- waste management? They cannot do DOST as supporting agency. tion and/or monitoring of so individually—there needs to be a • PLLENRO recommended to compliance with wastes collective effort. consider the mandatory creation segregation, collection, • Can national government provide of city or municipal environment transport, recycling, incentives/direction that will help and natural resources offices and disposal of plastics LGUs shift from the BAU scenario of (ENROs) as the solely dedicated products. The LGUs may SWM and plastics recycling to a CE entity in every LGU tasked with enjoin the participation of paradigm? the waste segregation, collation, other concerned govern- • Are there existing approaches/ inno- recovery, transport, recycling and ment agencies, private vations to learn from that demonstrate disposal of all waste products entities, and industries for CE at the local government level, and other environment-related this purpose. inclusive of SW and plastics recycling? concerns. Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 53 Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects Section 18: Fines and • Who will monitor and enforce? This • DOST–PCCAARD recommend- • DENR penalties is a huge task given the number of ed that a socialized system to • DTI enterprises involved. adopted in determining fines • Fines for violations range • Where will the monitoring be un- and penalties for individuals and from P50,000 to P500,000 dertaken for retail, production, and corporate violators. for microenterprises, and manufacturing? • Provision of incentives for P250,000 up to P1,000,000 recovery, collection, recycling, for larger businesses. and disposal of plastic products and for use and patronage of eco-friendly alternatives, mechanisms, and schemes (for example, tax breaks, government subsidies, and so forth). House Bill 33: Plastic Section 3: Labelling of Plastic • Research showed that information • DTI recommended to explore • DTI–BPS Labelling Act of 2019 Products by Manufacturers provided to consumers to make more other labeling methods such as • DOST–ITDI sustainable choices is not always clear How2Recycle labeling program An Act Mandating the • Manufacturers of plastic or actionable, leading to reported of the Sustainable Packaging Labelling of Plastic products are mandated to confusion. Coalition, which aims to improve Products According to the label their products using • DTI cited that while the proposed the reliability, completeness, Type of Plastic Resin Used arrows that cycle clockwise labeling is in accordance with the and transparency of recyclability in such Products, Providing to form a triangle that American Society for Testing and claims. Penalties for Violations encloses a numeral from Materials (ASTM) International Resin • DTI also recommended that Thereof and for Other 1 to 7 that identifies the Identification Coding System (RIC), industries should be given ample Purposes plastic resin used in those this may still create confusion among time to comply. The transition products. Pending with the consumers given that the RIC symbols period should take into con- Committee on Ecology Section 4: Ban on Unlabeled do not immediately denote recyclabil- sideration the adjustment in since July 23, 2019 Plastic Products ity. The recyclability of the materials local manufacturers to include Section 3 (definition of • Prohibits the sale, distri- still depends on local recycling labeling in their production terms) includes 18 types of bution and importation of programs and their capacity to process as well as for importers thermoplastics including plastic products that are process the different types of plastic to be able to source from the four plastic resins not labeled as prescribed resin. compliant suppliers. covered by the World Bank in Section 3. • Consumer Movement and UNEP market study (World Bank created five global recommen- Section 5: Penalties dations for action to engage 2021c) • A penalty of One million business, policy makers, standard pesos will be imposed for setters in creating better plastics any violation of the provi- labelling that make sustainability sions of the Act. the easy choice for consumers. The guidelines are applicable to 54 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action all regions and companies of all sizes. Approach Relevant Policy / Existing Legal Identified Gaps / Shortcomings Short-Term Options to Address Responsible Legislation Requirements /Policy Gaps / Shortcomings Agencies Aspects House Bill 9171: Plastic Section 3: A new section • Evidence showed that the applica- • DOF recommended that all col- • DOF Bags Tax Act designated as Section 150-C tion of regulatory policies has not lections of the excise tax should of the National Internal been effective or have less impact in be remitted to the National An Act Imposing Excise Tax Revenue Code of 1997 reducing plastic consumption due Treasury as with all other taxes. on Plastic Bags, Thereby poor enforcement of the law, strong • DOF to determine the appro- Adding a New Section, • Under the new section, an public resistance, problems in solid priate level of excise taxes in Designated as Section excise tax shall be levied, waste management, and lack of infra- accordance with its Comprehen- 150-C in the National assessed, and collected in structure. Reducing plastic consump- sive Tax Reform Program. Internal Revenue Code of the amount of PHP20 for tion through taxes is seen as a trigger • DTI recommended that in 1977, as Amended every kilogram of plastic to effect a change in behavior and to addition to the definition of bag removed from the shift the burden to the polluters. single-use plastic bags, specifi- place of production or • On tax type and coverage, plastic cation of standards and char- released from the custody labo and sando bags vary in sizes and acteristics of plastic bags (for of the Bureau of Customs. thickness. Since the proposed excise example, thickness, material, and • The bill defines the plastic tax on plastic bag does not differenti- so forth) should be provided. bag as secondary level ate in terms of size and thickness, this This is to ensure that the excise plastics made of synthetic could result in unequal tax treatment. taxes would be applied only on or semisynthetic organic • Imposition of excise tax on plastic the intended single-use plastic polymer, commonly known bags will encourage the exploration items. as “labo” or “sando” bags, and utilization of environment-friendly • Research showed that a suite of with or without handle, alternatives to plastic bags. However, taxes may be needed. It is not used as packaging for environmentalists are concerned that likely that an SUP bag tax could goods or products. the imposition of a tax on plastics by itself trigger the responses • One hundred percent bags may push consumers towards needed from producers and (100 percent) of the using an increased number of paper consumers, nor encourage both revenues from the excise bags. reductions in overall plastic and tax on plastic bags shall greater recycling. be allocated and used • The NTRC recommended that exclusively for the imple- the bill in case that the proposed mentation of SWMPs of bill on the excise tax on plastic LGUs which may include bags is passed by Congress, the acquisition of land for it should contain provisions sanitary landfills pursuant on its effects on existing LGU to RA 9003. ordinances before or after the effectivity of the Act, programs for stakeholders that will be affected by the proposal, and an earmarking provision just like those contained in recently passed laws on excise taxes that will benefit both the private and Annex E: Factors for Consideration in Legislating Single-Use Plastic Management | 55 public stakeholders. ANNEX F: SUMMARY OF POLICY ISSUES AND RECOMMENDATIONS ON THE PROPOSED PATHWAY TO ZERO PLASTICS BY 2032 This annex discusses the issues and recommendations on SWM/plastics reduction by clustering the factors for CFR rate, yield, and SUPs according to the four pathways of (1) capture and contain all wastes, (2) reduce problematic SUPs, (3) develop recycling/recycled plastics manufacturing, and (4) design for plastics circularity. These four pathways offer a stepwise interrelated approach with a defined time frame of short (1–2 years), medium (3–5 years), and long term (6–10 years). PATHWAY I. CAPTURE AND CONTAIN The first pathway proposes full capture and containment of the plastic waste stream to prevent further leachate into the rivers and ocean. 1.1 Increase public and private financing for solid waste collection and management (1–2 years) Issues: • The lack of comprehensive assessment and analysis of existing SWM system, inclusive of database, covering key SWM/recycling operating parameters, costs, and efficiencies. • Limited funding at both the national and local levels have always been identified as one of the causes of the fragmented implementation of the SWM. For example, the NSWMC administers a solid waste management fund sourced from imposed fines and permits, donations and grants and lodged in the National Treasury. The funds were intended to pay for the implementation of RA 9003 and provision of technical assistance to LGUs. However, the fund was never operationalized since RA 9003 was enacted. According to Solid waste Division Director, the fund will not be able to be sustained through fines and penalties because their mandate is to encourage compliance and not encourage more violations. Grants and donations from international development partners hardly ever pay for the NSWMC operations, at best, some donors provide technical assistance and capacity building, others donate equipment, while some paid for organizing multistakeholder consultations like the development of NPOA–ML. The most reliable source of funding comes from the annual government budget. DENR–EMB prepares the NSW Division budget. This includes staff and operational costs, including the budget to fulfill the division’s role and function as the lead agency and secretariat to the NSWMC. DENR–EMB then sends the budget to the Office of the President for approval given the interagency nature of the NSWMC. The President’s Office then forwards that budget to DBM for inclusion in the proposed annual General Appropriations Act for Congress to review and approve. NSWMC relies on EMB budget for SWM to fulfil its role and functions as lead agency of the National Solid Waste Management Commission. Recommendations: • Implementation of RA 9003, starting with comprehensive assessment of existing SWM system, with the objective of improving operational efficiencies and related cost savings. • Allocation of optimized government budget (as identified in comprehensive assessment). This could include identifying more reliable and diverse source of funding must be secured to build up the fund and finance the implementation of RA 9003; ensuring that LGUs avail of increased funding and allocate some funds for SWM/plastics waste management starting in FY2022 and reviewing the use, effectiveness and limitations of solid waste management fund as mandated by RA 9003. The increased budget allocation 56 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action for devolved LGU functions as mandated by the Mandanas ruling with guidelines from the Department of Budget and Management could provide fiscal opportunity to augment SWM budget at the local level. DENR–EMB with DILG are mandated to provide technical assistance to LGUs to effectively implement their devolved functions. • Engagement of plastics production and packaging industry (for example, CSR, grants, EPR voluntary, and so forth) and other sources of voluntary financing (for example, multilateral, philanthropic, and so forth) in a voluntary financing arrangement to improve ‘capture and contain’ coverage and capacity (applies to all pathways). • Integration of barangay and LGU collection and segregation services into a clustered LGU approach to achieve the economies of scale needed for financial and economic sustainability. • Enhance the policy and technical capacity in the National Solid Waste Management Commission (NSWMC). • Approve and roll-out NPOA–ML to expedite actions especially in plugging the gaps on plastic waste recycling and LGU capacity development. 1.2 Refine/apply standardized approach to household waste segregation (1–2 years) Issues: • Many LGUs still practice mixed waste collection, although a few have adopted ‘no segregation, no collection’ policy. Downstream handling of segregated wastes remains a challenge. • At source segregation at the household level as currently practiced is ineffective in terms of segregated waste quantity, quality, and coverage, resulting in excessive litter and increasing volumes of mixed waste. Although a few have adopted a ‘no segregation, no collection policy, many LGUs also practice mixed waste collection. Downstream handling of segregated wastes remains a challenge. • Collection systems and vehicles are also not equipped for separate collection of recyclables, resulting in back-mixing of segregated recyclables with mixed waste. • Existing rules and policies, notably RA 9003 require/promote minimum standards for collection, transport, and transfer of solid wastes. Yet these minimum standards are not being applied for financial/economic reasons. Recyclers in the Philippines consistently reported having challenges sourcing high quality plastics due to high contamination rates. At a bare minimum, segregating MSW between wet (organic) and dry (inorganic) waste and hazardous waste will significantly reduce contamination, as organic waste is the main contaminant of recyclables recovered from the MSW system. Effective and efficient collection ensures higher operational efficiencies and cost-savings for waste collectors. Recommendations: • To prevent leakage, collection must be done in an integrated manner and not at intermediate points, which encourages unsystematic collection and uncontrolled hauling. Promote an integrated cost-efficient approach to handling collection, segregation, and disposal of solid wastes, taking into account socioeconomic impacts on informal waste workers. • Household awareness and behavior is the starting point for change. Separating biodegradable waste (for example, kitchen waste) from non-biodegradable waste (for example, packaging) would be a simple yet effective step forward. Hazardous household wastes (for example, dry cell batteries) is an essential third category of waste segregation in the household to avoid contamination of biodegradable organics and hampering downstream recycling processes. Annex F: Summary of Policy Issues and Recommendations on the Proposed Pathway to Zero Plastics by 2032 | 57 1.3 Improve and scale up sanitary landfills and other residual disposal alternatives (1–3 years) Issues: • Lack of enforcement of existing low-cost disposal alternatives, including open dumps, controlled dumps, and sanitary landfills. • Difficulties in securing land to build material recovery facilities (MRFs) and sanitary landfills • Lack of technical expertise at the local level in the design, construction, and operation of the SLF. • Coordination challenges for small local government units to make joint decisions and to share facilities. Recommendations: • Updated and consistent national targets for and schedules for diversion of materials to residual disposal. The current target in the Philippines Medium Term Development Plan is 80 percent diversion by 2022. RA 9003 is set at 25 percent since 2000. Policies that provide both incentives and penalties to facilitate transition to fully integrated waste management and recycling systems within a given timeline will have a positive impact on circular economy, reductions in marine litter, and enhanced plastics recycling. • Target and support a transition process with technical and financial assistance (for example, low or no interest loans, technical assistance for planning, development, business model preparation, and financing and partnership arrangements, among others. • Incentivize centralized/clustered integrated solid waste management/recycling facilities will establish economies of scale to operate effectively and cost-efficiently, employing personnel from existing MRF operations. Buy-in is essential at this level, and policies must clearly demonstrate social, economic, and environmental benefits to the concerned barangays and other stakeholders (this study). 1.4 Rigorously enforce segregation, collection, diversion, and residual disposal standards (1–3 years) Issues: • RA 9003 and other laws and plans require and/or promote solid waste management diversion, MRFs, recycling and buy-back programs. However, implementation has been limited on a national scale. Insufficient funding, space, infrastructure, technology, and skilled labor are key contributors to the failure of widespread use and effectiveness of MRFs (34.4 percent of all barangays in the Philippines are served by MRFs). There is at present a lack of limited reclamation and buy-back facilities and services. • Low compliance of RA 9003—for example, in closing open dumpsites and in operating MRFs. • Collection systems/vehicles are not equipped for separate collection of recyclables, resulting in back-mixing of segregated recyclables with mixed waste. • Political challenges related to charging waste-collection fees from residents and penalizing offenders. Recommendations: • Enforce appropriate monitoring measures and regulations (for example, tracking or manifest system) on waste collection practices and equipment and against illegal dumping of waste that is collected by any entity—for example, LGU, private waste haulers, informal collectors, establishments, and communities along waterways. • An integrated, logistically efficient collection, transfer and transport system with appropriately designed collection and transport vehicles will improve collection coverage and rates, avoid litter, and lower collection and transport costs. However, practical experience is lacking in the Philippines. This can be overcome through policies that support improved access to sources of financing, sustainable financing mechanisms and arrangements (local governments and private sector), and economically scaled pilot demonstrations of integrated and logistically optimized collection, transfer, and transport systems. 58 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Technical capacity building is needed to fully engage and professionalize SWM services that encompass both the formal and informal sectors. • Enact a policy mandating producers of plastic packaging and packaged products to collect information on the types of packaging they place in the market as a first step to more sustainable packing waste management and responsible packaging. 1.5 Integrate the informal sector into the collection and recycling system (1–3 years) Issues: • Absence of policy to integrate the informal sector. • Junk shops and the informal sector lack financial resources, skills, and technologies to increase and improve their capacities and productivity, although they are recognized as the backbone of the existing collection and separation system for recyclables. This results in substantial leakage of nonrecyclable plastics and other materials, which contributes to the lack of efficiency and cost effectiveness of current recycling processes as well as marine litter. • Serious environmental health issues, occupational hazards and lack of job insecurity faced by the informal sector, which has been exacerbated during the COVID-19 pandemic. • Inappropriate collection and sorting practices result in increased leakage. Recommendations: • Monitor the development of the action plan for workers in the informal sector by the National Anti-Poverty Commission under the Magna Carta for the Poor to ensure that it implements policies that incorporate health and safety measures for informal waste workers. • Under the proposed development of an LGU roadmap in the NPOA–ML, develop an action plan to formally integrate the informal waste sector in the formal waste management system. For example, identify adjustment issues and transition options to integrate informal sector with practical social and economically sustainable solutions (for example, access to basic medical services, formal employment, access to alternative livelihood training, ease of access to information about other social services). • Collate more best practices on integrating informal waste workers in the country to help inform the creation of policies to formally integrate informal-sector waste workers. Quezon City, for example, acknowledged how big the contribution of their 91,983 waste pickers was, with the City making efforts to institutionalize them in their SWM system. In Quezon City and many other highly urbanized cities, informal waste workers are often accredited or registered as waste management service providers and have taken on responsi- bilities in waste-material recovery, but without job security or health benefits. In other LGUs, NGOs have developed training and alternative livelihood capacity development programs, including creating products from recycled plastics (downcycling) and formed cooperatives among urban poor and the informal sector. • Guidance documents developed for the Philippine situation have been provided for possible consideration by LGUs. Recommendations from the Solid Waste Management Association of the Philippines include the following: ö At the institutional level, the informal sector could be organized into associations or cooperatives duly recognized by the national and/or local governments and are invited to join SWM committees or local SWM boards. ö At the operational level, partnership arrangement could be developed and or contract agreements for collection services, MRF management, street cleaning and support services and system in the form of loan assistance, environmental health information dissemination and education; alternative livelihood training; price monitoring, and so forth. Annex F: Summary of Policy Issues and Recommendations on the Proposed Pathway to Zero Plastics by 2032 | 59 • NSWMC proposed five interventions that would help improve the conditions of the informal waste sector in a framework plan for informal waste workers in 2009. These include the following: ö Supporting waste collectors to enter new service roles and niches in separate collection and recycling. ö Assuring waste collectors access to sorting space at transfer stations and controlled and sanitary landfills. ö Supporting better market leverage and/or diversification of activities through cooperatives and association. ö Opening channels of communications with formal stakeholders and decision-makers into the planning process. ö Improving the work conditions through the implementation of environmental and occupational safety practices and systems. 1.6 Pilot models of locally relevant parallel EPR schemes (for example, alternative delivery) and adopt a national EPR scheme that incorporates good practices and lessons from pilots and a voluntary approach (4–6 years) Issues: • Waste management in the Philippines is highly decentralized, with no uniformity in implementation of national regulations, with responsibilities dispersed among various levels of government. • Data management and monitoring is lacking. Solid waste management plans often lack consideration of monitoring and evaluation (personal communication with independent consultant Mr. Reynar Rollan of the GA Circular research and strategy firm, 2021). Without such information it is difficult to measure the success of various initiatives or compare between highly divergent local regions. • Recycling infrastructure remains fragmented and limited, facing particular challenges due to the difficulty of transportation logistics in the country. Only a small amount of overall waste is actually recycled, with a national plastic recycling rate at approximately 28 percent for 2019 (World Bank 2021c). • Recycling has high costs compared to other countries in the region, not only due to logistic costs but to the particular mix of plastic waste in the Philippines, which is high in low-value and difficult to recycle waste such as plastic packaging films or mixed materials. Packaging by itself constitutes 53 percent of all plastic consumed in the country. Recommendations: • A national legal framework is needed to structure EPR, so that the validity is anchored nationwide and recycling efforts between varying jurisdictions are more compatible. This framework must clearly define various responsibilities, which should be assigned while keeping in mind the need for cooperation between authorities and stakeholders. The national framework should adequately incorporate local requirements, ensuring that the national framework is not so rigid as to be impractical in some areas of the country. • Strengthen existing data monitoring implementation and create new data collection practices that are viable for implementation by barangay officials while being comparable on regional or national levels. • Where necessary adjust the division of responsibilities among different levels of government and provide mechanisms for cooperation at different levels of the waste management process. Such an action will better enable small and isolated jurisdictions such as islands which would be unable to sustain their own recycling efforts to benefit from a system of scale. An EPR scheme will need to consider geographical circularity, with the responsibility of goods served to these communities including the need for related waste products to properly exit these communities. • Way Forward in Implementing an EPR Scheme (mandatory with a voluntary transition phase) ö With the above issues in mind, create design standard for plastic products, in which such packaging is designed with later recycling in mind. Key sectors include plastic packaging and other single-use 60 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action plastics. Such a scheme should consider waste originating from different sources, such as household and industry, and be cognizant of avoiding incentivizing deleterious changes and substitution effects. ö Implement such a scheme initially on a voluntary basis, engaging key companies and stakeholders. Such a phase is useful for data monitoring and process iteration. ö Support the development of pilot projects to gather know-how on waste management measures (in collection, sorting, and recycling); data collection; and system-relevant mechanisms (for example, through a register of covered companies) so that product design and logistics changes resulting from an EPR scheme can be monitored. ö Support the piloting of EPR for one type of single-use plastics, reflecting past experiences of applying different EPR models (such as financial versus physical responsibility, individual versus joint responsibility) for various products and settings. ö Facilitate the creation of a national nonprofit Producer Responsibility Organization (PRO). This industry-led systems operator should ensure a holistic, reliable, and fair waste management. The PRO includes a wide range of stakeholders representing obliged members (local and MNC producers and importers), other members (plastic value chain including waste management operators), government representatives from all levels, academia, and representatives of consumers, which shall constitute an Advisory Board. ö Strict monitoring and control systems: To avoid fraud, strict and enforced monitoring, controls and penalties are indispensable and shall be carried out by the government (that is, the Department of Environment and Natural Resources – DENR) to ensure compliance of all actors, including the PRO. Monitoring and control systems are also essentially needed to keep the level playing field among obliged private industry and guarantee transparency of the system. ö Institutionalize extended producer responsibility (EPR) incorporating “polluters pay” principle and linking sustainability reports of companies. ö Develop and implement an Extended Stakeholder Responsibility (ESR) system, including producers’ responsibility, that applies in the Philippine context, along the manufacturing–retail value chain and ensuring the integration of the informal and semiformal waste sector (waste pickers, paleros, junk shops, dealers and haulers, waste consolidators, recyclers, and so forth), as well as communities (National Plan of Action for Marine Litter). PATHWAY II: REMOVE PROBLEMATIC SUPS This section presents the identified issues (gaps and shortcomings) and the recommendations in terms of corresponding provisions of the SUP bill and factors for reducing problematic SUPPs against the five steps of Pathway II and the proposed timeline to 2032. RA 9003 is the main law that addresses solid waste management as a whole. However, it is unable to address the specific challenges of plastic wastes, especially in dealing with nonrecyclable plastics and those low value plastic waste which makes up about 10 percent of total municipal solid waste (EMB 2018; see DENR 2018) and often ends as litter. In response to this policy gap and to address the inextricable links between plastics pollution and climate change, several bills on SUPs have been filed at the 18th Congress to regulate the production, use, recycling, and disposal of SUPs. Banning SUPs is a straight-forward approach however, the implementation of a ban and the resulting social, economic, and environmental benefits and impacts is not. If enacted into a law, and especially if it incorporates measures to address the socioeconomic and environmental impacts of the phase out and provide sustainable alternatives to SUPs, it could potentially contribute to plastics management on a nationwide scale. Annex F: Summary of Policy Issues and Recommendations on the Proposed Pathway to Zero Plastics by 2032 | 61 2. 1 Build public-private consensus on unnecessary and problematic SUPs (1–2 years) Issues: • 489 cities, municipalities, and provinces in the Philippines have issued SUPP-related ordinances in the past 10 years; despite the bans, there is very limited verified information on the effectiveness of bans on reductions in plastics and litter, or diversion from landfills in the Philippines. • No accurate and updated waste data covering all cities and municipalities due to the difficulty and complexity of data generation and assessment. • Lack of extensive data on the production, consumption, and disposal of plastics and plastic packaging. • No knowledge regarding the percentage of plastics production and consumption affected by the phaseout and the 50-micron and 10-micron specifications. Recommendations: • Baseline assessment to determine the most prevalent and problematic SUPP. • Formulate a phase out plan for SUPP with the engagement of relevant government agencies and stakeholders with components on reducing consumption, increasing recovery, keeping producers accountable, developing alternatives, and raising awareness. 2.2 Ban unnecessary and problematic SUPs where acceptable alternatives exist Issues: • Criteria are subjective and open-ended. • Standards and metrics required for monitoring and enforcement need to be specified, along with guidelines on process for identifying and phaseout. • No options identified for industry. • No indication of monitoring, measurement and assessment of impacts, costs, and benefits derived from bans, including reductions in plastics usage, litter, and diversion. • Engagement with industry, manufacturers, and retailers in planning and scheduling process lacking. Recommendations: 1–2 years • Conduct science-based or evidence-based studies on the identification of the most problematic SUPs for phaseout. • Delineate the phase out period and effective dates of SUPP ban. • Establish the M&E and reporting mechanism with measurable and timebound targets. • Phase out SUPP that are considered unnecessary and has available alternatives (drinking straws; stirrers; sticks for candy, balloon, and cotton buds; buntings; confetti; and packaging or bags of less than 10 microns thick). • Phase out non-compostable SUPP where alternatives are available (that is, plates and saucers; cups, bowls, and lids; cutlery like spoons, forks, knives, and chopsticks; food and beverage containers made of expanded polystyrene; oxo-degradable plastics; film wrap, packaging, or bags less than 50 microns thick; sachets and pouches that are multilayered with other materials). 3–5 years • Phase out non-compostable SUPP where alternatives are available (that is, plates and saucers; cups, bowls, and lids; cutlery like spoons, forks, knives, and chopsticks; food and beverage containers made of 62 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action expanded polystyrene; oxo-degradable plastics; film wrap, packaging, or bags less than 50 microns thick; sachets and pouches that are multilayered with other materials). • Implement the M&E and reporting, including assessment of the effectivity and efficiency of phasing out the initial list of SUPs in terms of economic and environmental impacts and allow for the deletion of the SUPP in the list. 6–10 years • Phase out other SUPP that are not covered in the first five years and are considered high in replaceability, low in recyclability, or low in retrievability (that is, plastic bottles, packaging, or products that are multilayered with other materials, multilayered tetra packs, election or advertising paraphernalia, streamers, and other non-compostable SUPP). • Implement the M&E and reporting including assessment of the effectivity and efficiency of phasing out the initial list of SUPs in terms of economic and environmental impacts and allow for the deletion of the SUPP in the list. 2.3 Apply taxes and levies on unnecessary and problematic SUPs where acceptable alternatives do not exist Issues: • Plastic bags vary in sizes and thickness; proposed excise tax does not differentiate in terms of size and thickness, which could result in unequal tax treatment. • Enforcement responsibility not assigned. • Clarification needed on where the monitoring should be undertaken (for example, retail, production, and manufacturing). • Further guidance is required on alternatives, costs, and benefits on charging P5.00 from customers for every plastic bag or SUP used; the mechanism for implementation and the risk it represents to small operators and family businesses. Recommendations: 1–2 years • Conduct valuation study on alternatives, costs, and benefits on charging P5.00 from customers for every plastic bag or SUP used for takeout food or delivery service. • Establish standard specifications and characteristics of plastic bags (for example, thickness, material, and so forth) to ensure that the excise tax would be applied only on the intended SUPP Include provisions on the effects of excise tax on existing LGU ordinances before or after the effectivity of the Act and programs for stakeholders that will be affected by the proposal. 1–10 years • Commercial establishments to promote reusable, recyclable, and retrievable products in their stores, charge P5.00 from customers for every plastic bag or SUP used for takeout food or delivery service and facilitate customer return of used plastic products to the store. • Penalize violators with fines ranging from P50,000 up to P500,000 for micro enterprises, and P250,000 up to P1,000,000 for larger businesses. • Impose excise tax of P20 per kilogram of plastic bag removed from place of production or released from Bureau of Customs. • Earmark proceeds from excise tax to finance projects of LGUs in support of RA 9003 implementation. Annex F: Summary of Policy Issues and Recommendations on the Proposed Pathway to Zero Plastics by 2032 | 63 • Provide incentives for recovery, collection, recycling, and disposal of plastic products and for use and patronage of ecofriendly alternatives, mechanisms, and schemes (for example, tax breaks, government subsidies, and so forth). 2.4 Develop and scale alternatives for unnecessary and problematic SUPs Issues: • Local government has a significant role in increasing recovery. • Enforcement of plastic bag regulation at the local level varies in terms of stringency, hence affecting the result. • LGUs need to benefit directly or share the burden of SUP reduction and improved plastic waste management which require a collective effort. • National government to consider providing incentives/direction that will help LGUs shift from the BAU scenario of SWM and plastics recycling to promote circularity. • Are there existing approaches/ innovations to learn from that demonstrate CE at the local government level, inclusive of SW and plastics recycling? • Standardization required for imported and domestic products—that is, labelling and packaging. • No timeframe on shifting to alternatives; lack of information on options and their footprint and incentives for the industry. Recommendations: 1–2 years • R&D and technology transfer of affordable, accessible, and sustainable alternative materials and products. • Conduct life cycle analysis for SUPP and their alternatives to ensure that the alternatives: (a) meet the functional requirement, (b) minimize environmental impacts, and (c) are cost-effective. • Implement the phaseout plan with the following components: ö Develop a program that will assist local manufacturers in developing or acquiring sustainable sources of raw materials, appropriate technology to produce highly reusable, recoverable, recyclable, or compostable materials, as an alternative to plastic products. ö Promulgate appropriate Philippine National Standard (PNS) for compostable plastic products. • Explore the recoverability, recycling, or reprocessing value of the compostable plastic products into other useful materials or commodities. • Formulate guidelines for proper labelling of packaging and plastic products. • Establish standards for the dimensions, thickness, labelling, structures, capacity, color-coding, materials, and other relevant parameters of a particular SUPP. • Producers, importers, and commercial establishments to provide compostable plastic products to their consumers with visible logo, the manufacturing date and name of manufacturer, importer, and distributor. • Producers and importers to provide appropriate labelling for the packaging and products, providing information on specific plastic types and packaging structure, and other information important in the proper recovery and diversion of the wastes after use. • Develop appropriate standards for alternatives. • Commercial establishments to promote the use of highly reusable, recyclable, and retrievable products in their establishments, or make available for sale locally made reusable or recyclable containers and bags. 64 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Establish an effective in-store recovery program that will facilitate and encourage customer return of their used plastic products to the commercial establishment. • Facilitate the necessary shift to alternative products with government fiscal and nonfiscal support. • Provide technical assistance, trainings, and continuing capacity-building programs to LGUs. • Explore the mandatory creation of city or municipal environment and natural resources offices (ENROs) as the solely dedicated entity in every LGU tasked with the waste segregation, collation, recovery, transport, recycling and disposal of all waste products and other environment-related concerns. 3–10 years • Implement the phaseout plan. • Continue to provide technical assistance, trainings, and continuing capability-building programs to LGUs. 2.5 Remove all unnecessary and problematic SUPs from the plastics value chain Issues: • No boundaries are identified on phasing in of EPR programs. • Needs definition on process, EPR activities, incentives, disincentives. • Possible ways and means of reducing footprint—what is eligible and the baseline footprint? Guidance is required on the process. • Proper recovery and diversion text are open-ended. • Information needed on best practices or what has worked elsewhere and success rates. • Information needed on how can the national government demonstrate leadership, as a major consumer of plastics? Could there be a similar commitment or target for the national government to eliminate its plastics footprint within five years? Needs further input from responsible government departments. • Questions remain regarding what constitutes unnecessary and problematic SUPs. What is the volume of these SUPs? Over what period? Recommendations: 1–2 years • Producers and importers of SUPP to incorporate themselves and start phasing-in extended producer’s responsibility programs. • Formulate an information dissemination plan to inform consumers of the impact of use and improper disposal of SUPP; waste reduction, reuse, recycling, and recovery systems; and other best practices in waste management. • Formulate a Consumption, Reduction, and Recovery Program, to achieve a significant reduction in consumption and increased recovery for recycling and treatment. • Designate an appropriate government agency to monitor compliance and evaluate the effectiveness of EPR programs to optimize the social and environmental benefits. 3–5 years • Producers and importers to recover or offset 100 percent of their SUPP footprint within five years and label their packaging to facilitate the proper recovery and diversion of their plastic wastes after use. Annex F: Summary of Policy Issues and Recommendations on the Proposed Pathway to Zero Plastics by 2032 | 65 PATHWAY III. DEVELOP RECYCLING AND R-MANUFACTURE MARKETS The recycling sector of the Philippines is hardly developed because of insufficient and inconsistent feedstock and lack of required quality for recycled resin application, which is related to several factors including inefficient collection and processing systems combined with fluctuating oil prices and lack of recycled-content standards in plastic products. As of 2019, as much as 1.1 million tons per year (TPY) of the four key resins were consumed in the Philippines. Of this, only 28 percent (292,000 TPY) is recycled. In terms of material value, the total amount that can be unlocked from plastic recycling in the Philippines is USS1.1 billion per year, assuming all key resins had 100 percent collected-for-recycling (CFR) rates and obtained the maximum value in the market. However, only 22 percent (US$246 million per year) of this figure is currently unlocked. This state of CFR and value yield of plastic recycling is attributed to a host of factors related to the following: • The country’s recycling capacity has a gap of 85 percent. • The market situation, both local and beyond such as the price of oil, which is the principal input for plastic production. • Other institutional challenges, such as fragmented implementation of the Ecological Solid Waste Management Act (RA 9003) across the plastic value chain, leading to insufficient, inconsistent, and low-quality feedstock for recycling. • The functional properties and end-use applications of resin (World Bank 2021b). 3.1 Pilot models of locally relevant plastics recycling and r-manufacturing (1–2 years) Issues: • RA 9003 states that the LGUs are mandated to divert 25 percent of their generated waste within 5 years of the effectivity of the Act and further states that the reduction should be increased every three years (Section 20). The Act also mandates a segregation of solid waste at source (Section 21) and the creation of the MRFs in every barangay or cluster of barangays (Section 32). • For China, Indonesia, the Philippines, Thailand, and Viet Nam, the bulk of plastic extraction for recycling takes place at points of aggregation, rather than individual households. This results in almost 60 percent of the plastic waste not being collected. Further, since the average material value of the collected meager waste is often not large enough to support the collection and transportation costs, especially in remote areas, places that do not have publicly funded waste collection are more likely to have contaminated waste streams and poor recovery rate for recyclable materials (GAIA 2019). • For the Philippines, the state of underdevelopment of the recycling sector can also be attributed to the large influence of the international market and dominance of the informal waste workers and SMEs in the sector. • There is no requirement to develop public infrastructure on recycling. As such, only MRFs and SLFs dominate the public infrastructure scene on SWM and no proposals have been submitted to public recycling facilities, based on recent submissions to the Public Investment Program and Three-Year Rolling Infrastructure Program of the government (NEDA 2021). The few existing and upcoming recycling facilities and projects are privately led. • The flux of innovation and cost optimization means that companies that manufacture and use plastic resin are constantly on the path of dematerialization, which has an unintended consequence: there is simply not enough financial value to make collection of the product viable for conventional recycling. While dematerialization results in a significant reduction of plastic used, the positive effect is countered by the resulting poor recovery rate of the product for recycling, further exacerbated by the continuous growth of the plastics industry in the ASEAN region. 66 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Also note that in the Philippines, packaging accounts for the largest application segment in the plastics market. The growing demand for food is a major driving force behind the increasing demand for plastics in the country. In fact, the revenue generated by the food industry in the country has almost doubled from US$11,980 million in 2010 to around US$20,245 million in 2019. The requirements for personal protective equipment in the healthcare sector, stretch films, and garbage bags, as well as medical devices, are also anticipated to further increase the demand for plastics. Recommendations: • In relation to the comprehensive assessment and feasibility studies conducted under the Capture and Contain Pathway: • Develop and compare options for advancing the recycling and r-manufacturing industry as an integral component of SWM in the selected LGUs covering, for example: ö Sanitary landfilling with minimum recycling (BAU). ö Mixed waste incineration and energy from waste facility. ö Fully integrated waste management and plastics recycling system. ö Develop and secure r-resin markets and take-off volumes: Forge buy-in conditions and commitments of major manufacturers to take up produced r-resins, which is a key factor to immediately kick off a financially viable recycling operation. • Identify options for financing and managing the integrated facility, including government, industry, private sector, financial institutions, investors, and donors. • Implement pilot integrated waste management and plastics recycling project in collaboration with concerned LGUs, partners, and investors. • Monitor progress and evaluate the impact and benefits of the integrated facilities, using them as learning sites for upscaling and replicating such facilities elsewhere. • Revisit current laws and mandate the creation of recycling facilities at the local level to drive investments in recycling facilities. 3.2 Adopt recycled content and labeling standards for plastic products (1–2 years) Issue: • At present, there are no minimum recycled content standards/ requirements in the Philippines. There are however product standards related to plastics set by the Department of Trade and Industry’s Bureau of Product Standards. Recommendation: • Develop and adapt recycled content and labelling standards for plastic products in collaboration with industry. 3.3 Align national incentives and disincentives to accelerate recycling and r-manufacturing growth (3–6 years) Issues: • Lack of understanding of available government support for investments into recycling technology and capacity. • Absence of data related to waste, plastics and recycling which challenges the ability to build business for recycling. the lack of data across the plastic value chain. Most information such as those related to plastic production and waste management, lacks regular updating, detailed disaggregation, and verification, and Annex F: Summary of Policy Issues and Recommendations on the Proposed Pathway to Zero Plastics by 2032 | 67 is simply distributed through informal communication channels. Moreover, the private sector is generally unwilling to disclose information out of fear of competition. The lack of data prevents policy makers and consumers from making informed choices on SWM and poses an obstacle for new players looking to enter the recycling market or for existing recyclers to grow their capacities by making it harder to understand and predict the areas for growth or improvement in the plastic value chain and the volatility of the trading market (World Bank 2021c). For instance, on the consumer side, under RA 9003, the formulation and implementation of a national ecolabeling program, a coding system for packaging materials and products to facilitate waste recycling and reuse is required with DTI as the lead agency. Although the National Ecolabelling Programme – Green Choice Philippines (NELP–GCP) has been established, the implementation of this initiative remains weak. In fact, as of 2016, there were only 52 eco-labeled products, which increased to 53 in 2017 and remained that way until 2019 (NEDA 2020). • Absence of a roadmap or action plan to advance in terms of plastic recycling capacity and new technologies. • The government lacks independent and authoritative up-to-date sources of price and market information. Recommendations: • Conduct spatial and market analyses as basis for creating a clustered network of solid waste infrastructure to ensure infrastructure connectivity. • Encourage recyclers, coprocessors, and service providers of business models, EPR schemes, or innovative technology to pursue fiscal and nonfiscal incentives under the Omnibus Investments Code or RA 7916, and where necessary, formalize and develop their business potential, market linkages, and economies of scale to qualify for or maximize the above incentives through the creation of business incubation hubs or smart cities (IWB 2018). • Mandate and scale up the reporting, collection, and dissemination of critical data related to plastic production and waste management. 3.4 Increase public and private financing to upscale existing and new recycling and r-manufacturing infrastructure (6–10 years) Issue: • There are no investment incentives targeting recycling specifically and consequently there is a lack of understanding of available government support for investments into recycling technology amongst recyclers. The World Bank market study (World Bank 2021c) reported that [M]any recyclers interviewed either stated that there is no government support available to them or that the support is not given although the recyclers claim to be eligible. In addition, the recycler stakeholders mention that the incentive is better suited for large MNCs implying that the administrative burden and ability to fulfil eligibility criteria is impossible for the typical SME recycler. (World Bank 2021c) Studies show that cost savings and optimization can reduce SWM spending by 10 to 20 percent through increased transparency in the tender process or, as with the case of transporters, performance-based payments. The remaining financial support needed for SWM can come from private, public, and multilateral funding. Private investment capital is typically available once solid project finance structure and risk management mechanisms are in place such as long-term supply agreements and properly structured bond financing. Mechanisms that further reduce capital costs and investment risk will also be necessary. This is where international corporations may play a helpful role. There are many well-tested de-risking project finance mechanisms such as first-loss insurance pools, equity partnerships with multilateral lenders and equity providers, and market-entry supports such as the case for US and European waste-technology providers. Multilateral banks and other development financing institutions can also provide additional leverage through grants or concessional loans (Ocean Conservancy 2017). Technical assistance especially 68 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action for low-income cities and municipalities will also be needed (for example, borrower-lender matching, business-model preparation, and pilot demonstration). Recommendations: • Fiscal and nonfiscal incentives will also play a key role in improving the SWM system, especially recycling in the Philippines. For example, under the 2020 Investment Priorities Plan (IPP) for the Omnibus Investments Code, which is valid until 2023 subject to annual review identifies privately owned materials recovery facilities as eligible for incentives. The government should encourage these businesses and innovators to pursue the said incentives, and where necessary, formalize and develop their business potential, market linkages, and economies of scale to qualify for or maximize the above incentives through the creation of business incubation hubs or smart cities. • Operational expenditures for SWM typically require a solid cost-recovery system for long-term sustainability of the system. These expenditures are almost always substantially higher than capital costs and are often the most challenging to sustain. Even when capital costs are accounted for (often funded separately), operating expenses can easily account for Facilitate and incentivize, wherever possible, a centralized/ clustered approach among LGUs to bring about economies of scale and consequently a large feedstock to ensure the viability of recycling. Recycling can also be made more attractive as a business venture when LGUs are mandated to form recycling plants and facilities. • Create enabling actions through international development agencies to facilitate targeted investment in recycling technology, especially the types that have not yet reached commercial viability, including improved technology to reduce sorting and recycling losses, to address capacity restraints, and to create higher quality output able to meet food-grade standards. 3.5 Scale up targeted recycling technologies for difficult to recycle materials (6–10 years) Issues: • A major challenge for producing recycled products from plastic waste is that a high portion of this waste is composed of multilayer flexible packaging such as sachets (World Bank 2021b). The high presence of flexible packaging can be attributed to the current business mindset of innovation and cost optimization. While dematerialization results in a significant reduction of plastic used, the positive effect is countered by the resulting poor recovery and recyclability rates of the collected waste, further exacerbated by the continuous growth of the plastics industry in the ASEAN region (Mordor Intelligence 2020). These kinds of packaging materials are difficult to recycle as they have different plastic components that have their own processing requirements. • While chemical recycling can resolve this concern, it is more costly than conventional (mechanical) recycling as the inputs must be depolymerized and then re-polymerized (Hopewell et al. 2009) and may not be suitable to the Philippine context. In addition, this method is still largely at the precommercial stage and the scalability, financial viability, environmental impacts, and other risks of chemical recycling have not yet been fully evaluated or demonstrated (World Bank 2021b). Moreover, the production of recycled products in general, regardless of the method used, requires significant legal and policy reforms, including subsidies and other economic incentives if needed, to level off the playing field against the use of virgin resin in plastic production. Currently, the use of these virgin materials has more market advantage due to the low price of oil, which is the major input for plastic production. As the quality of recovered plastic is typically lower than that of virgin plastics, the price of virgin plastic sets the ceiling for prices of recovered plastic (Hopewell et al. 2009). • The production of recycled products in general, regardless of the method used, requires significant legal and policy reforms, including subsidies and other economic incentives if needed, to level off the playing field against the use of virgin resin in plastic production. Currently, the use of these virgin materials has more market advantage due to the low price of oil, which is the major input for plastic production. As the Annex F: Summary of Policy Issues and Recommendations on the Proposed Pathway to Zero Plastics by 2032 | 69 quality of recovered plastic is typically lower than that of virgin plastics, the price of virgin plastic sets the ceiling for prices of recovered plastic (Hopewell et al. 2009). Recommendation: • Adopt recycled-content requirements and design for recycling standards in the plastic production process to help boost public and private investments in recycling facilities; ensure sufficient, consistent, and high-quality feedstock for recycled product production; and level the playing field with virgin resin. PATHWAY IV. DESIGN FOR PLASTIC CIRCULARITY This is probably one of the most ambitious pathways and requires creative and innovative solutions. It addresses the decoupling of economic growth from plastic growth, so that plastic consumption per person is reduced, rather than face a 52 percent increase calculated under the BAU scenario. Potential reductions include eliminating unnecessary items and over-packaging; expanding reuse options that can replace the utility currently provided by plastic (glassware and tableware), including products intended for consumers to reuse (shopping bags, refillable containers); and new delivery models such as refill systems. Private-sector voluntary initiatives are more likely to drive progress around eco-design in the short-term by driving momentum in the market. For instance, several multinational companies including Danone, Nestlé, and PepsiCo have committed to making 100 percent of their packaging recyclable, reusable, biodegradable by 2025 (Ocean Conservancy 2017). The Philippines government can support this commitment by working with the private sector to enable policies that encourage noncommitted companies to follow. Plastic reductions implemented to date in the Philippines have focused on bans, regulating plastic bags, straws, and other small-mass items. The WB field study (and other assessments of household wastes and coastal clean-up events) suggest that greater reductions could be achieved by focusing on the absolute mass of plastic avoided. For example, sachet packaging is an iconic single-use, multilayer, multi-material waste item in the Philippines. It makes up approximately 10 per cent of plastic waste in the Philippines (GAIA 2019), and after consumption, these low-value plastic materials are often not collected and are a major source of ocean pollution. In some countries, such as India, market observations suggest that full-size bottles are currently more expensive per use for consumers than buying sachets, but regulations such as extended producer responsibility with full end-of-life cost recovery could make recyclable rigid plastic packaging less expensive than sachets in the future. New delivery models could also offer a better alternative for delivering products to consumers. Several enabling conditions can help accelerate the design of the plastics circular economy pathway. These include, among others • Policy interventions that promote the use and increase the value of recycled polymers and incentivize producers to develop products with end-of-use considerations (Pathway III). Examples include design for recycling standards; recycling targets; minimum recycled content targets; taxes on the use of virgin plastic feedstock; regulatory mandates on certain pigments, polymers, and additives; disclosure mandates; and the regulation of recycling-labelling practices. • Greater industry collaboration and engagement, including • Development of new polymer production and packaging designs in coordination with recycling and sorting technology companies; and • Harmonization of materials and packaging formats across companies. • Increased public-sector and private-sector R&D investment into design for recycling and associated technology, including investments in products that meet recycling specifications without sacrificing product safety, stability, or purity. • Shifting consumer preferences, driving higher demand for recycled content and higher recyclability of plastic products. 70 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action • Voluntary commitments by producers and retailers to increase recyclability and integrate recycled content in plastic products. The experiences of other countries will help guide the development of this pathway. However, a starting point will be to conduct multistakeholder consultations and roundtable meetings of experts to establish a consensus on this integrated approach to plastics waste reduction, building upon the NPOA–ML multistake- holder consultations or the Cabinet Cluster on Climate Change and Disaster Risk Mitigation. Annex F: Summary of Policy Issues and Recommendations on the Proposed Pathway to Zero Plastics by 2032 | 71 ANNEX G: SUMMARY TABLE OF COUNTRY EXPERIENCES WITH EXTENDED PRODUCER RESPONSIBILITY5 Table G1. SUMMARY OF COUNTRY EXPERIENCES WITH EPR Location Legislation Key Points Challenges Responsibility Canada • Canada-wide • Outcome driven • Reliance on • Predominately action plan for EPR • Funded by producers provinces means managed through • Some costs are included in there is no con- collective respon- the overall product price, sistent national sibility some are visibly added at implementation • Implemented by point of sale the provinces China • Implementa- • Electronic waste fees • Participation of tion Plan for the on producers are used the informal sector Extended Producer to subsidize recycling makes managing Responsibility (EPR) companies recycling schemes System • Includes encouragement for more complex • Solid Waste Law ecological design innovation • Laws are still being developed EU • Packaging and • EPR costs are passed onto • Definition of EPR is • Distributed across packaging-wastes producers unclear multiple actors directive • Design of EPR schemes is • Multiple schemes • Mixture of collec- • Waste-framework intended to promote fair with varying aims tive and individual directive competition and objectives. Op- producer respon- • Landfill directive • Aim for transparency on both erations also differ, sibility (producers • EU legislation for performance and cost for example cost favor collective end-of-life vehicles • Implementation actions differ coverage is dis- schemes) • EU legislation for between take-back require- tributed differently • Take-back lies with waste electrical ments, advance disposal fees, among different businesses, may be and electronic and deposit-refund schemes schemes. done on a busi- equipment • Some advance disposal • Some countries ness-to-business • Various member schemes are simple (flat cost have multiple EPR basis state specific legis- per item), and some are more schemes causing lation complex (reimbursement to competition, some relevant authorities or sorting have only one plants) • Some schemes • Schemes differ in whether lack appropriate they target household waste, controls and moni- commercial/industrial waste, toring (appropriate or both indicators need to be established) 5 https://ieep.eu/uploads/articles/attachments/95369718-a733-473b-aa6b-153c1341f581/EPR%20and%20plastics%20report%20IEEP%209%20 Nov%202017%20final.pdf?v=63677462324 https://www.oecd.org/environment/waste/Global%20Forum%20Tokyo%20Issues%20Paper%2030-5-2014.pdf https://www.packaginginsights.com/news/nine-us-states-coordinate-on-epr-legislation-holding-manufactures-accountable-for-plastic-waste. html http://m-yamaguchi.jp/english_page/EPR_in_Japan_2002_ECP_No19.pdf https://www.oecd.org/environment/waste/EPR_Japan_packagingFinal%20corrected0502.pdf https://www.pnas.org/content/pnas/117/33/19844.full.pdf http://www.preventcancernow.ca/wp-content/uploads/McRobert_et_al_Achieving_Consistent_EPR_Policies_for_Plastics_12Dec19.pdf https://www.canada.ca/en/environment-climate-change/services/managing-reducing-waste/overview-extended-producer-responsibility.html https://www.canada.ca/en/environment-climate-change/services/managing-reducing-waste/overview-extended-producer-responsibility/in- troduction.html https://www.keco.or.kr/en/core/operation_extended/contentsid/1980/index.do https://www.unep.org/resources/report/korea-environmental-policy-bulletin-extended-producer-responsibility-epr https://f.hubspotusercontent10.net/hubfs/6055518/Toolkits/Sample%20Toolkits/Topical_Report_EPR_for_Packaging_1604386878.pdf 72 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Location Legislation Key Points Challenges Responsibility • Fee modulation used to dif- ferentiate between packaging materials. This includes between different variations of plastic, and between bio- degradable and nonbiode- gradable plastics, as well as mixed/composite materials • Reduces public expenses overall, pushes market devel- opment • Takes place within a broader waste reduction framework, including measures to charge households per unit waste, landfill taxes, packaging taxes, and voluntary arrange- ments • Rates are ambitious, based on pilot projects Japan • Container and • Laws reflect strong public • Japan has a • Laws shift some Packaging awareness of the issue specific definition waste responsibility Recycling Law • Regulations led to shifts in of recycling that from municipalities • Electric Household manufacturer behaviour, requires value to to producers Appliance for example a shift to clear be maintained • Collection plans Recycling Law plastic bottles • The differentiated are the responsibil- • End of Life Vehicle • Laws are designed to be responsibilities ity of municipalities Law implementable throughout means that incen- • The Basic Law for Japan, broadly encouraging tives do not align Establishing the existing capacity (recyclers benefit Recycling-based • Producers can either recycle from sorting, but Society in house or outsource are not responsible • Producer responsibilities are for sorting) defined by material • While successful for • Sorting must avoid certain household waste, impurities Japan’s recycling • Noncompliance is first rates for industrial addressed with a warning, waste is not as high followed by public naming, followed by direct orders, followed by a fine Korea, Rep. • Extended Producer • Covers imports as well as • A lack of natural • Different re- Responsibility domestic production resources and sponsibilities System • Some materials and products thus a reliance for consumers, require mandatory recycling on imports plays producers, local • Recycling can be direct or a strong role in governments, and outsourced, most companies defining how national govern- use the Korea Waste responsibility is ments Recycling Mutual Aid Associ- allocated • Packaging is ation (KWRMAA) usually the re- • Recycling obligation rates are sponsibility of the public packaged item • Companies that overcompen- producer, but in sate can use this overflow in cases where the the next two years packaging is gener- ically used for many similar items it lies with the packaging producer United • Laws tend to focus on manu- • No federal legis- • Carried out on a States facturers lation state level • Most EPR schemes lack targets Annex G: Summary Table of Country Experiences with Extended Producer Responsibility | 73 ANNEX H: REFERENCES AND SELECTED BIBLIOGRAPHY Acosta, V., J. Paul, C. Lao, E. Aguinaldo, and M. D. C. Valdez. 2012. “Development of the Philippines National Solid Waste Management Strategy 2012-2016.” Procedia Environmental Sciences 16: 9–16. doi:10.1016/j.proenv.2012.10.003  ADB (Asian Development Bank). 2019. Sustainable Consumption and Production in the Philippines. ADB. ASEAN (Association of Southeast Asian Nations). 2019. Bangkok Declaration on Combating Marine Plastic Debris in ASEAN Region. Association of Southeast Asian Nations. https://asean.org/stor- age/2019/06/2.-Bangkok-Declaration-on-Combating-Marine-Debris-in-ASEAN-Region-FINAL.pdf. City of Lawrence Sustainability Advisory Board. 2019. Single-Use Plastics Study and Policy Recom- mendations. City of Lawrence Sustainability Advisory Board. https://lawrenceks.org/wp-content/ uploads/2016/09/Lawrence-SAB-Single-Use-Plastics-Policy-Research-and-Recommenda- tions-2019-06-12-1.pdf. DENR (Department of Environment and Natural Resources). 2018. 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Sachet Economy: Big Problems in Small Packets. Global Alliance for Incinerator Alternatives. https://www.breakfreefromplastic.org/bffp_reports/sachet- economy-big-problems-in-small-packets/. Global Footprint Network. 2012. A Measure for Resilience: 2012 Report on the Ecological Footprint of the Philippines. Global Footprint Network. https://www.footprintnetwork.org/content/images/article_ uploads/Philippines_Footprint_Report_2012.pdf. 74 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action Government Procurement Policy Board – Technical Support Office. 2017. Philippine Green Public Procurement (GPP) Roadmap: Advancing GPP until 2022 and beyond. https://gppb.gov.ph/ downloadables/forms/GPP_roadmap_print.pdf. Hopewell, J., R. Dvorak, and E. Kosior. 2009. “Plastics Recycling: Challenges and Opportunities.” Philosophical Transactions of the Royal Society B: Biological Sciences 364 (1526): 2115–26. doi:10.1098/ rstb.2008.0311  House of Representatives of the Philippines. House Bill No. 33. 2019. House of Representatives of the Philippines. House Bill No. 178. 2019. House of Representatives of the Philippines. House Bill No. 6279. 2020. House of Representatives of the Philippines. House Bill No. 8691. 2021. House of Representatives of the Philippines. Committee Report No. 897 (House Bill No. 9147). 2021. House of Representatives of the Philippines. Committee Report No. 904 (House Bill No. 9171). 2021. Jambeck, J. R., R. Geyer, C. Wilcox, T. R. Siegler, M. Perryman, A. Andrady, R. Narayan, and K. L. Law. 2015. “Plastic Waste Inputs from Land into the Ocean.” Science 347 (6223): 768–71. https://doi.org/10.1126/ science.1260352 Lebreton, L., and A. Andrady. 2019. “Future Scenarios of Global Plastic Waste Generation and Disposal.” Palgrave Communications 5 (1). https://doi.org/10.1057/s41599-018-0212-7 Martinico-Perez, M., H. Schandl, T. Fishman, and H. Tanikawa. 2018. “The Socio-economic Metabolism of an Emerging Economy: Monitoring Progress of Decoupling of Economic Growth and Environmental Pressures in the Philippines.” Ecological Economics 147: 155–66. doi:10.1016/j.ecolecon.2018.01.012. Mordor Intelligence. 2020. Philippines’ Plastic Market: Growth, Trends, COVID-19 Impact, and Forecasts. Mordor Intelligence. https://www.mordorintelligence.com/industry-reports/philippines-plastics-market. NEDA (National Economic and Development Authority). 2016. AmBisyon Natin 2040: A Long-Term Vision for the Philippines. NEDA. http://2040.neda.gov.ph/wp-content/uploads/2016/04/A-Long-Term-Vision- for-the-Philippines.pdf. NEDA (National Economic and Development Authority). 2019a. Philippine Action Plan for Sustainable Consumption and Production: Action Plan Matrix. NEDA. https://sdg.neda.gov.ph/philippine-ac- tion-plan-for-sustainable-consumption-and-production-pap4sc. NEDA (National Economic and Development Authority). 2019b. Philippine Action Plan for Sustainable Consumption and Production: Strategic Framework. NEDA. https://sdg.neda.gov.ph/philippine-ac- tion-plan-for-sustainable-consumption-and-production-pap4sc. NEDA (National Economic and Development Authority). 2019c. Philippine Development Plan 2017-2022: Results Matrix for the Chapter on Accelerating Infrastructure Development. NEDA. https://www. neda.gov.ph/wp-content/uploads/2019/05/19-Chapter-19-Accelerating-Infrastructure-Develop- ment-1.14.2019.pdf. NEDA (National Economic and Development Authority). 2019d. Philippine Development Plan 2017-2022: Results Matrix for the Chapter on Ensuring Ecological Integrity. NEDA. https://www.neda.gov.ph/ wp-content/uploads/2019/05/20-Chapter-20-Ensuring-Ecological-Integrity-Clean-and-Healthy-Environ- ment-1.14.2019.pdf. NEDA (National Economic and Development Authority). 2020. Draft Final Action Plan and Investment Report for the Manila Bay Sustainable Development Master Plan. NEDA. http://mbsdmp.com/reports. NEDA (National Economic and Development Authority). 2021. Updated Philippine Development Plan 2017-2022 (pre-publication copy). NEDA. http://pdp.neda.gov.ph/wp-content/uploads/2021/02/ Pre-publication-copy-Updated-PDP-2017-2022.pdf. Annex H: References and Selected Bibliography | 75 NTRC (National Tax Research Center). 2019. Regulations on the Use of Plastic Bags in the Philippines and in Other Countries. National Tax Research Center. https://ntrc.gov.ph/images/journal/2019/j20190910b1. pdf. Ocean Conservancy. 2017. Stemming the Tide: Land-Based Strategies for a Plastic-Free Ocean. Ocean Conservancy. https://oceanconservancy.org/wp-content/uploads/2017/04/full-report-stemming-the.pdf Ocean Conservancy. 2019. The Beach and Beyond: 2019 Report. Ocean Conservancy. https://oceanconser- vancy.org/wp-content/uploads/2019/09/Final-2019-ICC-Report.pdf. Partnerships in Environmental Management for the Seas of East Asia. 2018. 2018-2022 Implementation Plan of the Sustainable Development Strategy for the Seas of East Asia. Partnerships in Environmental Management for the Seas of East Asia. http://pemsea.org/publications/reports/sds-sea-implementa- tion-plan-2018-2022. Pew Charitable Trusts and SYSTEMIQ. 2020. Breaking the Plastic Wave: A Comprehensive Assessment of Pathways Towards Stopping Ocean Plastic Pollution. Pew Charitable Trusts and SYSTEMIQ. https:// www.pewtrusts.org/-/media/assets/2020/07/breakingtheplasticwave_report.pdf. PCIEERD (Philippine Council for Industry, Energy and Emerging Technology Research and Development). 2020. Call for Proposals 2021-2022. PCIEERD. https://pcieerd.dost.gov.ph/images/callforproposal/2020/ cfp2020/PCIEERD-Call-for-Proposal-2020.pdf. Philippine News Agency. 2021. “Banning Single-Use Plastics to Solve PH Pollution Problem.” Philippine News Agency. https://www.pna.gov.ph/articles/1133624. PSA (Philippine Statistics Authority). 2020. Updated Projected Mid-Year Population for the Philippines Based on the 2015 POPCEN Results: 2020-2025. PSA. https://psa.gov.ph/content/updated-project- ed-mid-year-population-philippines-2020-2025. Republic of the Philippines. Executive Order No. 226. 1987. Republic of the Philippines. Executive Order No. 138. 2021. Republic of the Philippines. 2020 Investment Priorities Plan. 2020. Republic of the Philippines. Presidential Decree No. 442 of 1974, as Amended and Renumbered (DOLE Edition). 2017. Republic of the Philippines. Republic Act No. 3720. 1963. Republic of the Philippines. Republic Act No. 7160. 1991. Republic of the Philippines. Republic Act No. 7916. 1995. Republic of the Philippines. Republic Act No. 9003. 2001. Republic of the Philippines. Republic Act No. 9111. 2001. Republic of the Philippines. Republic Act No. 9729. 2009. Republic of the Philippines. Republic Act No. 10863. 2016. Republic of the Philippines. Republic Act No. 11058. 2018. Republic of the Philippines. Republic Act No. 11291. 2018. Republic of the Philippines. Republic Act No. 11534. 2021. SEC (Securities and Exchange Commission). 2019. Sustainability Reporting Guidelines for Publicly-Listed Companies. SEC. Senate of the Philippines. Senate Bill No. 1331. 2020. 76 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action UNEP (United Nations Environment Programme). 2018. Legal Limits on Single-Use Plastics and Microplastics. UNEP. https://www.unep.org/resources/report/legal-limits-single-use-plastics-and-micro- plastics. UNEP (United Nations Environment Programme). 2020. Tackling Plastic Pollution: Legislative Guide for the Regulation of Single-Use Plastic Products. UNEP. https://wedocs.unep.org/bitstream/ handle/20.500.11822/34570/PlastPoll.pdf.pdf?sequence=3&isAllowed=y. UNEP (United Nations Environment Programme). 2021. Addressing Single-Use Plastic Products Pollution using a Life Cycle Approach. UNEP. https://www.lifecycleinitiative.org/wp-content/uploads/2021/02/ Addressing-SUP-Products-using-LCA_UNEP-2021_FINAL-Report-sml.pdf. World Bank. 2018. What a Waste 2.0: A Global Snapshot of Solid Waste Management to 2050. Washington, DC: World Bank. World Bank. 2020. Country Overview of the Philippines. Washington, DC: World Bank. World Bank. 2021a. “An Assessment of Municipal Solid Waste Plans, Collection, Recycling and Disposal of Metro Manila.” Washington, DC: World Bank. World Bank. 2021b. Marine Plastics Series, East Asia and Pacific Region. Washington, DC: World Bank. World Bank. 2021c. “Market Study for the Philippines: Plastics Circularity Opportunities and Barriers.” Marine Plastics Series, East Asia and Pacific Region. Washington, DC: World Bank. World Bank. 2021d. Plastic Field Surveys, Monitoring, and Diagnostics on Pasig River Philippines. Washington, DC: World Bank. WWF-Philippines (World Wide Fund for Nature – Philippines). 2020. EPR Scheme Assessment for Plastic Packaging Waste in the Philippines. WWF-Philippines. https://wwf.org.ph/wp-content/ uploads/2021/03/WWF_REPORT_EPR_Philippines_11Mar21.pdf. Click here for a copy of all the references plus the stakeholder positions on the proposed House Bills on SUPs. Annex H: References and Selected Bibliography | 77 APRIL 2022 78 | Reducing Plastic Waste in the Philippines: An Assessment of Policies and Regulations to Guide Country Dialogue and Facilitate Action