Indonesia Indonesia newly regulates packaging waste based on EPR scheme

On December 5, 2019, Indonesia enacted the Regulation of the Minister of Environment and Forestry No. 75 of 2019 on Producers’ Waste Reduction Roadmap (hereinafter referred to as “the regulation”). The regulation aims to enforce the detailed implementation requirements of Article 15, paragraph 2 of Decree 81 of 2012 on the Management of Household Waste and Waste Similar to Household Waste, which mandates producers to develop and implement a waste reduction roadmap, mainly for the purpose of reducing container and packaging waste.

The original text of this regulation is available for download at the following URL.
http://jdih.menlhk.co.id/uploads/files/P_75_2019_PETA_JALAN_SAMPAH_menlhk_12162019142914.pdf

 

Definition of “producer”

The term of “producer” referred to in the Regulation is defined as “an entity that produces goods using packaging, supplies imported packaging products, or sells goods using containers that are incapable of or difficult to decompose through natural processes. In addition, producers are classified as belonging to a particular industry, mainly from three industry sectors; “manufacturing,” “food service,” and “retail.” “Manufacturing” sector includes the following industry segments:

  1. Food and beverage,
  2. Consumer goods, and
  3. Cosmetic and personal care.

(The detailed description of “consumer goods” mentioned above is not clearly defined under this regulation or its superseding legislation.)

 

Regulatory scope for packaging and containers

The following types of packaging or containers are subject to the waste reduction requirements under this regulation. The packaging or containers are:

  1. Difficult to decompose through natural processes
  2. Unavailable for recycling, and
  3. Unable to reuse.

Specifically, it contains plastic, aluminum cans, glass, and paper.

 

Development and Implementation of the waste reduction roadmap

The Waste Reduction Roadmap is to be developed for a 10-year period 2020-2029, and the details are described in Annex 1 of the Regulation. Based on the roadmap that would be developed, producers shall undertake the following waste reduction practices:

  1. Planning,
  2. Implementation,
  3. Surveillance,
  4. Evaluation, and
  5. Reporting

In the “a. planning” process, producers will have to select the responsible party(ies), determine the waste emission baseline, set up the target and timing to achieve the reduction goal, acquire packaging/container quantity data, define the waste reduction methods (see Annex 2 of this regulation for details).  The prepared plan must be submitted to the Minister of Environment and Forestry with a copy to the governor of the province or the governor of municipality/city’s mayor within the jurisdiction.

 

Future develop plans for the packaging and containers regulations

This regulation gives the Minister of Environment and Forestry the following responsibilities and authorizations to:

  1. Monitor the producers’ waste reduction activities,
  2. Develop the monitoring standards and methods as well as set up the recycling rates,
  3. Develop a minimum containment standard for recycled materials in product packaging,
  4. Create the marking and packing standards of products,
  5. Coordinate and evaluate the waste reduction activities undertaken by producers,
  6. Identify the current levels, conditions, and trends in nationwide waste reduction amount by producers,
  7. Provide guidance to state and local governments,
  8. Develop and enhance incentive programs for local governments and/or producers, and
  9. Promote communication, information distribution and education planning to the public.

Particular attention should be paid to #c and #d in the above. In the future, the Ministry of Environment and Forestry is expected to enact new regulations regarding a containment standard of recycled materials in packaging materials and a marking standard of products.