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Global Forum on Environment:
Promoting Sustainable Materials Management
through Extended Producer Responsibility (EPR)
Tokyo, 17 – 19 June 2014
Christoph Vanderstricht
Global EPR leader
Partner EY
Presentation title
Key learnings of 20 years experience advising public and private
sector in the design, implementation and optimisation of EPR
regulations and models across the world.
Page 2
Agenda
1. Introduction
2. Misconceptions
3. Differences
4. Similarities
5. Conclusions
Presentation title
Page 3
1. Introduction:
Our EPR experience
Since 1994, the current EY team has been involved in more than 40 countries in the design,
development, implementation and optimisation of EPR and other solid waste management
regulations and operational solutions for the public as private sector in a vast waiver of
product categories: household and industrial packaging; batteries; electronic waste; tyres; non-
woven cotton; solar panels, lamps, etc.
(See countries in yellow
for geographical experience)
Page 4
1. Introduction:
The future of resource management
There is wide recognition that, at a global level, current waste growth and resource
management practices are unsustainable. Key to develop a circular economy rather than a
linear economy which involves simply digging materials out of the ground produce
products, and send the waste to landfills.
Demographic growth
Consumption patterns
Urbanisation
Economic growth
Low waste management
infrastructure
Public health
Energy demand
Public financing
Central government
Producers
Waste management
technologies
Product innovation
► Government must create the economic and legislative
conditions for change
► Integrated waste management strategy and system
design to reinforce the waste hierarchy
► Implementation of capacity building at municipal/city
authority level
► EPR principles to place the cost burden on the producers
and drive market development. Creating circular
economies
► Increasing use of outsourcing, performance based
contracting and PPP/BOT commercial structures to
manage the municipal financial burden, drive change
and manage technology risks
► Increasing use of multi-stream collection systems
to manage public health risks and provide material
to the treatment system
► Investment in engineered landfills, waste to
energy/gasification and anaerobic digestion as well as
intangible factors such as education and awareness
► Economies of scale, increasing capital intensity,
technology focus drive joint ventures and M&A activity
in the supply chain
How to react to the pressures of change
Municipal
authorities
Page 5
1. Introduction:
Drivers for a government to implement EPR regulations
Extended
Producer
Responsibility
Page 6
2. Misconceptions about EPR
► EPR is an instrument to better organise waste management operations
and induce product stewardship: collection points; transportation models
and the use of valorisation technologies
► EPR only concerns the Ministry of Environment
► EPR laws can be easily copied from one country to the other
► Small and medium enterprises should not be bothered by EPR
► The phantom of the monopoly
► Inefficiencies and fraud with collective schemes show that the model is
not working.
Presentation title
Page 7
The most important component of the cost is the cost of collection of the waste, followed
by the cost of recycling (depending on the product).
In makets with high bying power the prices for are 3 times lower than in markets with low
buying power (ie where more collective schemes are “competing”)
2. The phantom of the monopoly in a reversed market
Buyer Market versus Seller Market
High supplier power
High buyer power
Page 8
The cooperation between the private and public sector is key to design
and implement a sustainable EPR regulation.
There are different partnership models for public-private cooperation:
Experience shows that in most case close cooperation between government and
private sector is necessary to realise the objectives and avoid dramatic risks in the
market.
Industry-government
co-regulation
(of industry self regulation
combination and government
regulation, with government
having the authority to
enforce)
8
Voluntary
agreements
established by
industry
Voluntary
agreements as a
partnership
between industry
and government
(participation of individual
firms not obligatory)
Regulation
established and
enforced by
government
Voluntary Mandatory
3. Differences:
Governance models for EPR development
Page 9
3. Differences for EPR:
Why countries are different
Presentation title
Prioritised
Product
Strength of
government
(enforcement)
Regulatory and
constitutional
context
Financing
capability
Culture
Social economic
environment
Available
collection and
transportation
Infrastructure
the “product”
market
Page 10
10
Central collection
site
Low-density
collection points
High-density collection
points (close-to-home
drop-off)
Street-side
Containers
Kerbside or Door-to-
Door Collection
BRING SYSTEMS DOOR-TO-DOOR
Transport by residents / corporations Collection System Transport
Durable goods Fast moving consumer goods
3. Differences for EPR:
Products are different
Collection models depend on the product, the economic activity
and the demographic specifications.
Page 11
4. Similarities for EPR:
Why “countries” do have similarities
Presentation title
Improper EPR and solid waste management are a threat to public health and the environment
Effective EPR models create value and opportunities for social inclusion, jobs and better environment
Human action & Change of behaviour
Expectations of the key stakeholders
Strong enforcement and control from government is key
Seller markets lead to higher prices and buyer markets to lower prices
EPR is increasingly becoming the Wild West creating risks for countries and “producers”
The devil is in the detail
“Wrong” or “sub-optimal” EPR models lead to higher costs for society, governments and has strong
negative impacts in terms of level playing field in the product markets.
Page 12
5. Conclusions
► EPR is an economic instrument impacting the whole market: the product
market as well as the waste market
► EPR is not only about the environment and therefore requires attention
from different ministries (Finance / Trade / Customs / Economy)
► EPR risks should not be underestimated
► EPR requires proper consideration and careful implementation by
governments and private sector
► EPR requires strong government enforcement and control
► EPR can contribute considerably in the development of an inclusive and
greener sustainable market in big number of countries
► EPR should be implemented as part of an integrated strategic approach
by governments, taking into account other challenges (eg energy needs /
resource management)
Presentation title
Page 13
More information
Christoph Vanderstricht,
Christoph.vanderstricht@be.ey.com
Tel: +56985508312 (Chile)
Tel: +32477619252 (Belgium)
Thank you
Page 15
Additional slides (use during the
workshops?)
Presentation title
Page 16
Sustainable resource management
► Sustainable resource management is a strategic challenge today
and tomorrow for all countries across the world.
► It is a key theme for industries and the public sector alike.
► There are several key economic (regulatory) instruments which are broadly
used/in development in OECD (also in increasing number of non-OECD
countries):
► ADF (advance disposal fees)
► Landfill/recovery/incineration — taxes tipping fees
► Tradeable (landfill) permits
► Recycling credits or rebates
► Virgin material and ecotaxes
► Extended producer responsibility (EPR)
Page 17
Sustainable resource management
► EPR is the instrument which comes closest to implementing the whole life cycle
approach
► EPR helps in:
► Reducing by the amount resources required
► Diminishing the associated environmental impacts
► Improving resource scarcity and competiveness
► Driving the cost down
Page 18
Producers
Distributors
Waste collectors
and transporters
EPR scheme
End-users
Waste recyclers
Government
(central and local)
No cost
No hassle
Price
Communication
Easy collection
No cost for disposal
Compliance (no fines / penalties)
Control / Sustainable solution
Cost efficiency
Municipal collection
points
Commercial
collection points
Professional
collection points
Increase profit
Competitive market
Solid growth of the market
Long term contracts
Compliance
No additional cost
Additional financing
- Minimize or externalise internal cost
- Employment
- Revenue
Introduction to the world of EPR
- stakeholders -
Informal collection
Page 19
EPR
Other
Environmental
regulations
Commercial
codes
Competition
laws
Accounting
rules
Administrative
law
Contact law
Company
law
Tax law
EPR regulation is not "stand-alone"
Introduction to the world of EPR
- legal & regulatory -
Page 20
Producers
Distributors
Waste collectors
and transporters
Financing scheme
End-users
Waste recyclers
Government
Participation agreement
Municipal collection
points
Commercial
collection points
Professional
collection points Public markets
Service level agreement
Joint awareness campaign
Joint Awareness campaign
Accreditation
Service level agreement
Cooperation agreement
Service level agreement
Joint awareness campaign
Introduction to the world of EPR
- legal & regulatory -
Page 21
Introduction to the world of EPR
- finance & control -
► Depending on the legal, political, social, economic, demographic and
geographic situation in a country, several models are conceivable to fulfil
the financial side of the EPR obligations in that country.
► Three generic models can be considered:
► Public financing instruments (tax or similar contribution)
► Market driven instruments :
► Deposit - refund schemes
► Individual and/or collective financing schemes
► Certificate exchange schemes
► Combination of public financing instruments and market tools
Page 22
Introduction to the world of EPR
- scenarios -
Legal and
regulatory
scenarios
Finance and
control scenarios
Information flow
and reporting
scenarios
Operations and
infrastructure
scenarios
Stakeholder
commitment
scenarios
Governance
scenarios
The optimal scenario for a country
Page 23
Introduction to the world of EPR
- finance & control -
► Depending on the legal, political, social, economic, demographic and
geographic situation in a country, several models are conceivable to fulfil
the financial side of the EPR obligations in that country.
► Three generic models can be considered:
► Public financing instruments (tax or similar contribution)
► Market driven instruments :
► Deposit - refund schemes
► Individual and/or collective financing schemes
► Certificate exchange schemes
► Combination of public financing instruments and market tools
Page 24
Introduction to the world of EPR
- finance & control -
Producers
Distributors
Waste collectors
and transporters
Financing scheme
End-users
Waste recyclers
Government
Price +
contribution
Price +
contribution
Contribution
Municipal
collection points
Commercial
collection points
Professional
collection points
Service
fees
Page 25
Introduction to the world of EPR
- operations & infrastructure -
Producers
Distributors
Waste collectors
and transporters
Financing scheme
End-users
Waste recyclers
Government
Municipal
collection points
Commercial
collection points
Professional
collection points
•Business plan
•Geograhical coverage
•Technology deployed
•Containers
•Quality standards
•EH&S standards
•BAT
•Target setting
•Transportation models
•Quality standards
•EH&S standards
•BAT
•Target setting
•Compliance with regulations
•Containers
•Quality standards
•EH&S standards
•Target setting
•Compliance with regulations
•Training and communication
Practical information FAQ
Disposal (sorting at the source)
Page 26
Introduction to the world of EPR
- information flows -
Producers
Distributors
Waste collectors
and transporters
Financing scheme
End-users
Waste recyclers
Government
Public awareness
Practical guidance on disposal
of the waste
FAQ
Put on the market (PoM) data
Municipal collection
points
Commercial
collection points
Professional
collection points
SLA reporting
Collection "certificates"
(weight / units)
SLA reporting
Recycling "certificates"
(weight / units)
Product labelling / marking
Product information on safe
Disposal manuals
Financial auditor
verification report on PoM
Financial auditor
Audit report on collection
and recycling
Periodic reporting
Position papers

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1.7 C Vanderstricht, a practitioner's view

  • 1. Global Forum on Environment: Promoting Sustainable Materials Management through Extended Producer Responsibility (EPR) Tokyo, 17 – 19 June 2014 Christoph Vanderstricht Global EPR leader Partner EY Presentation title Key learnings of 20 years experience advising public and private sector in the design, implementation and optimisation of EPR regulations and models across the world.
  • 2. Page 2 Agenda 1. Introduction 2. Misconceptions 3. Differences 4. Similarities 5. Conclusions Presentation title
  • 3. Page 3 1. Introduction: Our EPR experience Since 1994, the current EY team has been involved in more than 40 countries in the design, development, implementation and optimisation of EPR and other solid waste management regulations and operational solutions for the public as private sector in a vast waiver of product categories: household and industrial packaging; batteries; electronic waste; tyres; non- woven cotton; solar panels, lamps, etc. (See countries in yellow for geographical experience)
  • 4. Page 4 1. Introduction: The future of resource management There is wide recognition that, at a global level, current waste growth and resource management practices are unsustainable. Key to develop a circular economy rather than a linear economy which involves simply digging materials out of the ground produce products, and send the waste to landfills. Demographic growth Consumption patterns Urbanisation Economic growth Low waste management infrastructure Public health Energy demand Public financing Central government Producers Waste management technologies Product innovation ► Government must create the economic and legislative conditions for change ► Integrated waste management strategy and system design to reinforce the waste hierarchy ► Implementation of capacity building at municipal/city authority level ► EPR principles to place the cost burden on the producers and drive market development. Creating circular economies ► Increasing use of outsourcing, performance based contracting and PPP/BOT commercial structures to manage the municipal financial burden, drive change and manage technology risks ► Increasing use of multi-stream collection systems to manage public health risks and provide material to the treatment system ► Investment in engineered landfills, waste to energy/gasification and anaerobic digestion as well as intangible factors such as education and awareness ► Economies of scale, increasing capital intensity, technology focus drive joint ventures and M&A activity in the supply chain How to react to the pressures of change Municipal authorities
  • 5. Page 5 1. Introduction: Drivers for a government to implement EPR regulations Extended Producer Responsibility
  • 6. Page 6 2. Misconceptions about EPR ► EPR is an instrument to better organise waste management operations and induce product stewardship: collection points; transportation models and the use of valorisation technologies ► EPR only concerns the Ministry of Environment ► EPR laws can be easily copied from one country to the other ► Small and medium enterprises should not be bothered by EPR ► The phantom of the monopoly ► Inefficiencies and fraud with collective schemes show that the model is not working. Presentation title
  • 7. Page 7 The most important component of the cost is the cost of collection of the waste, followed by the cost of recycling (depending on the product). In makets with high bying power the prices for are 3 times lower than in markets with low buying power (ie where more collective schemes are “competing”) 2. The phantom of the monopoly in a reversed market Buyer Market versus Seller Market High supplier power High buyer power
  • 8. Page 8 The cooperation between the private and public sector is key to design and implement a sustainable EPR regulation. There are different partnership models for public-private cooperation: Experience shows that in most case close cooperation between government and private sector is necessary to realise the objectives and avoid dramatic risks in the market. Industry-government co-regulation (of industry self regulation combination and government regulation, with government having the authority to enforce) 8 Voluntary agreements established by industry Voluntary agreements as a partnership between industry and government (participation of individual firms not obligatory) Regulation established and enforced by government Voluntary Mandatory 3. Differences: Governance models for EPR development
  • 9. Page 9 3. Differences for EPR: Why countries are different Presentation title Prioritised Product Strength of government (enforcement) Regulatory and constitutional context Financing capability Culture Social economic environment Available collection and transportation Infrastructure the “product” market
  • 10. Page 10 10 Central collection site Low-density collection points High-density collection points (close-to-home drop-off) Street-side Containers Kerbside or Door-to- Door Collection BRING SYSTEMS DOOR-TO-DOOR Transport by residents / corporations Collection System Transport Durable goods Fast moving consumer goods 3. Differences for EPR: Products are different Collection models depend on the product, the economic activity and the demographic specifications.
  • 11. Page 11 4. Similarities for EPR: Why “countries” do have similarities Presentation title Improper EPR and solid waste management are a threat to public health and the environment Effective EPR models create value and opportunities for social inclusion, jobs and better environment Human action & Change of behaviour Expectations of the key stakeholders Strong enforcement and control from government is key Seller markets lead to higher prices and buyer markets to lower prices EPR is increasingly becoming the Wild West creating risks for countries and “producers” The devil is in the detail “Wrong” or “sub-optimal” EPR models lead to higher costs for society, governments and has strong negative impacts in terms of level playing field in the product markets.
  • 12. Page 12 5. Conclusions ► EPR is an economic instrument impacting the whole market: the product market as well as the waste market ► EPR is not only about the environment and therefore requires attention from different ministries (Finance / Trade / Customs / Economy) ► EPR risks should not be underestimated ► EPR requires proper consideration and careful implementation by governments and private sector ► EPR requires strong government enforcement and control ► EPR can contribute considerably in the development of an inclusive and greener sustainable market in big number of countries ► EPR should be implemented as part of an integrated strategic approach by governments, taking into account other challenges (eg energy needs / resource management) Presentation title
  • 13. Page 13 More information Christoph Vanderstricht, Christoph.vanderstricht@be.ey.com Tel: +56985508312 (Chile) Tel: +32477619252 (Belgium)
  • 15. Page 15 Additional slides (use during the workshops?) Presentation title
  • 16. Page 16 Sustainable resource management ► Sustainable resource management is a strategic challenge today and tomorrow for all countries across the world. ► It is a key theme for industries and the public sector alike. ► There are several key economic (regulatory) instruments which are broadly used/in development in OECD (also in increasing number of non-OECD countries): ► ADF (advance disposal fees) ► Landfill/recovery/incineration — taxes tipping fees ► Tradeable (landfill) permits ► Recycling credits or rebates ► Virgin material and ecotaxes ► Extended producer responsibility (EPR)
  • 17. Page 17 Sustainable resource management ► EPR is the instrument which comes closest to implementing the whole life cycle approach ► EPR helps in: ► Reducing by the amount resources required ► Diminishing the associated environmental impacts ► Improving resource scarcity and competiveness ► Driving the cost down
  • 18. Page 18 Producers Distributors Waste collectors and transporters EPR scheme End-users Waste recyclers Government (central and local) No cost No hassle Price Communication Easy collection No cost for disposal Compliance (no fines / penalties) Control / Sustainable solution Cost efficiency Municipal collection points Commercial collection points Professional collection points Increase profit Competitive market Solid growth of the market Long term contracts Compliance No additional cost Additional financing - Minimize or externalise internal cost - Employment - Revenue Introduction to the world of EPR - stakeholders - Informal collection
  • 19. Page 19 EPR Other Environmental regulations Commercial codes Competition laws Accounting rules Administrative law Contact law Company law Tax law EPR regulation is not "stand-alone" Introduction to the world of EPR - legal & regulatory -
  • 20. Page 20 Producers Distributors Waste collectors and transporters Financing scheme End-users Waste recyclers Government Participation agreement Municipal collection points Commercial collection points Professional collection points Public markets Service level agreement Joint awareness campaign Joint Awareness campaign Accreditation Service level agreement Cooperation agreement Service level agreement Joint awareness campaign Introduction to the world of EPR - legal & regulatory -
  • 21. Page 21 Introduction to the world of EPR - finance & control - ► Depending on the legal, political, social, economic, demographic and geographic situation in a country, several models are conceivable to fulfil the financial side of the EPR obligations in that country. ► Three generic models can be considered: ► Public financing instruments (tax or similar contribution) ► Market driven instruments : ► Deposit - refund schemes ► Individual and/or collective financing schemes ► Certificate exchange schemes ► Combination of public financing instruments and market tools
  • 22. Page 22 Introduction to the world of EPR - scenarios - Legal and regulatory scenarios Finance and control scenarios Information flow and reporting scenarios Operations and infrastructure scenarios Stakeholder commitment scenarios Governance scenarios The optimal scenario for a country
  • 23. Page 23 Introduction to the world of EPR - finance & control - ► Depending on the legal, political, social, economic, demographic and geographic situation in a country, several models are conceivable to fulfil the financial side of the EPR obligations in that country. ► Three generic models can be considered: ► Public financing instruments (tax or similar contribution) ► Market driven instruments : ► Deposit - refund schemes ► Individual and/or collective financing schemes ► Certificate exchange schemes ► Combination of public financing instruments and market tools
  • 24. Page 24 Introduction to the world of EPR - finance & control - Producers Distributors Waste collectors and transporters Financing scheme End-users Waste recyclers Government Price + contribution Price + contribution Contribution Municipal collection points Commercial collection points Professional collection points Service fees
  • 25. Page 25 Introduction to the world of EPR - operations & infrastructure - Producers Distributors Waste collectors and transporters Financing scheme End-users Waste recyclers Government Municipal collection points Commercial collection points Professional collection points •Business plan •Geograhical coverage •Technology deployed •Containers •Quality standards •EH&S standards •BAT •Target setting •Transportation models •Quality standards •EH&S standards •BAT •Target setting •Compliance with regulations •Containers •Quality standards •EH&S standards •Target setting •Compliance with regulations •Training and communication Practical information FAQ Disposal (sorting at the source)
  • 26. Page 26 Introduction to the world of EPR - information flows - Producers Distributors Waste collectors and transporters Financing scheme End-users Waste recyclers Government Public awareness Practical guidance on disposal of the waste FAQ Put on the market (PoM) data Municipal collection points Commercial collection points Professional collection points SLA reporting Collection "certificates" (weight / units) SLA reporting Recycling "certificates" (weight / units) Product labelling / marking Product information on safe Disposal manuals Financial auditor verification report on PoM Financial auditor Audit report on collection and recycling Periodic reporting Position papers