KANO (North-West, Nigeria) — The Federal Government through National Environmental Standards and Regulations Enforcement Agency, NESREA, has warned producers of plastic packaging that failure to comply with the new initiative, Extended Producer Responsibility, EPR guidelines and regulations to address environmental pollution will attract sanctions, including prosecution.
The agency’s Assistant Legal Adviser, Cynthia Abiye-Whyte Esq issued the warning at a Stakeholders engagement and sensitization forum on Extended Producer Responsibility, EPR guidelines for the plastic packaging sector held in Kano.
Cynthia Abiye-Whyte Esq stressed that compliance with the EPR programme is mandatory, not optional, noting that the guidelines have already been published online while the regulations would be gazetted in the next two months.
She explained that defaulting producers would first receive administrative sanctions, beginning with a warning letter, followed by sealing of the facility, revocation of permits and, ultimately, prosecution.
Abiye-Whyte explained that EPR places responsibility on producers (manufacturers of plastic products, importers, brand owners placing products on Nigerian market, large distributors introducing packaged goods) to recover waste generated by their products, preventing environmental pollution caused by indiscriminate plastic disposal, including blocked drainages that worsen flooding.
According to her, “what happens when compliance monitoring is being done and a producer or facility is not compliant? It may attract several things. First of all, what we call administrative sanction. It will first of all start with warning letter. And if the warning letters are not obeyed or adhered to, it may now result in suspension of operations. This suspension of operations is what we call seal. Some facilities may be sealed when there is clear non-compliance. And then, revocation of permit, especially in the case where the facility or the producer is an importer, it import permit may be revoked. And then, as a last resort, legal prosecution. So again, compliance is not optional.
“Why enforcement? Enforcement protects market fairness and regulatory credibility. Market fairness in the sense that A is complying and B is not complying. If B is left on his own not to comply, it will discourage A from complying.
“Extended Producer Responsibility is an economic mechanism. This means the producers have the extended responsibility under this initiative, to take back from the system the waste generated by your products. That is what the EPR is about. So that a producer do not pollute and pretend as if the pollution is not there. And then go back to the environment, still take more raw materials, and then make products. And then release them into the system. And then impacting negatively on the environment and humankind. So, the EPR mechanism is hinged on the circularity or circular economic principle. Which is also based on the quota-based principle under environmental law. Or international environmental law. It originates from economics. Because as we know, a system, a society, in chaos, is without order. And for good environmental governance, there must be law to guide the attitude and the activities of humanity and their activities. That is why the EPR system or mechanism or program is backed up by law. And made mandatory for producers to pay for their pollution.
“So, why should producers subscribe? Again, they are subscribing because they are responsible for their product. In generating the goods. So, they must pay subscription fees. They must subscribe to the Producer Responsibility Organization, PRO in that sector. Because as earlier said, the producer cannot go where the product is. The producer doesn’t have that time and that strength to do that. So, the PRO is now like the middle man that helps them do that job of following the lifecycle of the product. And having a system put in place whereby they can take it back. So, that’s why they must subscribe to an approved PRO or to the relevant PRO of that sector.
“The EPR is not a single action. It is not a one-stop or one-off activity. It is supposed to be an ongoing activity. As long as the producer is producing.
“Remember, there is a guideline that is published already on the internet. And there is also a regulation coming up very soon, in the next two months will be gazetted. Even though there will be or there may be a moratorium period. So, a producer cannot hide under ignorance. That I’m not aware or I’m not knowledgeable. No. The producer must finance collection and recycling operations. And that will be done through the PRO. Then meet assigned collection and recycling targets. So, targets convert policy into measurable performances. Without qualified targets, EPR can not function.
“So, the EPR shifts the responsibility from government-funded clean-up to producer finance recovery. This is very emphatic. I cannot pollute and expect another person to clean up for me. If I pollute, I must be responsible for funding the recovery of that pollution.
“We all have shared responsibility. To the producers, to the Producers Responsibility Organizations, PRO, to the regulators, to consumers, each group (collectors, recyclers, manufacturers, importers) has a role to play in achieving these secular economic goals. Because if the environment is clean and healthy, we know that it will affect our productivity. It will also affect our health. So we all have this shared responsibility. It also has business and environmental benefits,” Abiye-Whyte said.
Earlier, the agency’s Deputy Director, Food and Chemical Sector, Engr. Chukwudi Nwabuisiaku said Nigeria generates 2.5 million tonnes of plastic wastes annually, with only about 10 – 12 per cent recycled while the remaining 80 per cent were mismanaged (dumped, openly burned or uncollected).
He however, maintained that the EPR guidelines will transform Nigeria’s packaging system from linear to circular economy, create jobs in the recycling sector, reduces import dependence, improve material efficiency and boost investor confidence.
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