Extended Producer Responsibility (EPR) for Plastics and Packaging

China

Existing Regulations Related to Extended Producer Responsibility (EPR)

The legal framework of solid waste management in China is governed by the Environmental Protection Law of 1989, assigning the responsibility of domestic waste disposal and recycling to local governments. This law is implemented by several regulations, some of which introduce the principle of extended producer responsibility (EPR) for the management of end-of-life products, especially plastics.

In 2007, the State Council issued the Notice on Restricting the Production, Sale, and Use of Plastic Shopping Bags, which marked China’s first approach on addressing the pollution caused by plastics products. It limits the provision of free plastic shopping bags of thickness less than 0.025 mm in supermarkets and other retail establishments nationwide. Additionally, the notice provides supporting measures aimed at increasing the recycling rate of plastics waste.

China initiated its commitment to recycling responsibility for producers with the enactment of the Circular Economy Promotion Law in 2008. This legislation not only mandated recycling obligations but also encouraged enterprises to opt for recyclable materials to promote the reduction of resource consumption and waste generation (Article 19). Complementing this, the amended Cleaner Production Promotion Law of 2012 emphasized the importance of products and packaging design that take into account its environmental and health impacts throughout their life cycle.

To operationalize EPR, China devised concrete strategies outlined in the 2016 Implementation Plan of EPR. This plan positioned EPR as an inherent requirement for the advancing green circulation and a low-carbon economy. It set ambitious targets, aiming for a 50% recycling rate for key varieties and a 20% utilization of recycled raw materials in key products by 2025. 

The Opinions on Further Strengthening Plastic Pollution Management issued in January 2020 by the National Development and Reform Commission (NDRC) and the Ministry of Ecology and Environment (MEE) bolstered the Chinese Government’s commitment in effectively controlling plastic pollution. It sets timely targets by 2020, 2022, and 2025 for plastics production, sales, and use including in emerging fields such as e-commerce, express delivery, and takeaway. Within the same year, the National People’s Congress (NPC) amended the Law of People’s Republic of China on Prevention and Control of Environmental Pollution by Solid Waste of 1995(Solid Waste Law of 2020), mandating the establishment of an EPR system for electrical and electronic products, lead-acid batteries, automotive power batteries and other products. Producers are tasked with various responsibilities aligned with EPR principles, including establishing a waste recycling system, establishing ecological design, increasing utilization of recycled raw materials, unifying recycling efforts, and enhancing information disclosure. Specifically addressing plastics, the amendment also envisions the development of a catalog listing products and packaging subject to mandatory recycling.