The Sustainable Waste Management (Extended Producer Responsibility) Regulations

Legal Notice 176 of 2024

This is the version of this Legal Notice as it was from 6 December 2024 to 29 January 2025. Read the latest available version.

The Sustainable Waste Management (Extended Producer Responsibility) Regulations

Citation

Legal Notice 176 of 2024

Primary work

Sustainable Waste Management Act

Date

Language

English

Type

Legal Notice

Original enactment

Download original enactment (PDF) (255.7 KB)

SUSTAINABLE WASTE MANAGEMENT ACT

THE SUSTAINABLE WASTE MANAGEMENT (EXTENDED PRODUCER RESPONSIBILITY) REGULATIONS

LEGAL NOTICE 176 OF 2024

Published in Kenya Gazette Vol. CXXVI—No. 213 on 6 December 2024
Commenced on 4 November 2024

Part I – PRELIMINARY

1. Citation

These Regulations may be cited as the Sustainable Waste Management (Extended Producer Responsibility) Regulations, 2024.

2. Interpretation

In these Regulations, unless the context otherwise requires—“agent” means a registered entity contracted by a producer responsibility organization to deliver specific extended producer responsibility services on its behalf;“brand” means a registered a trade mark under which a product is sold;“brand owner” means the registered owner of the trademark;“circular economy” means an environmental managementapproach that promotes initiatives for designing and redesigning waste from products, extraction of maximum value from natural resources, closing of material loops and creation of new value from materials that would otherwise have been considered as waste;“collective extended producer responsibility compliance scheme” means a system where producers execute extended producer responsibility obligations in a producer responsibility organisation;“converter” means an entity that transforms or combines secondary raw materials to produce a new product;“consumer” means the end user of a product;“control audit” means a study commissioned by the Authority to evaluate performance of a extended producer responsibility scheme in order to confirm compliance or management systems implementation gaps;“deposit refund scheme” means a collection system that requires a monetary deposit on a product at the point of sale where consumers redeem the deposit when they return the product;“environmentally friendly” means the practice of reducing environmental degradation and pollution by making products that comply with environmental sustainability principles including minimal waste production, reusability, recyclability, composability, biodegradability and safe disposability;“environment sustainability” means responsible interaction with the environment to avoid pollution, depletion or degradation of natural resources and allow long-term environmental quality;“free rider” means —(a)an individual or entity that does not contribute to a collective scheme but benefits from its existence and action and it includes a producer who fails to manage own products at the post-consumer stage;(b)a producer who under declare their volumes, or fail to demonstrate fulfilment of individual extended producer responsibility obligations, producers in a pooled scheme who fail to pay their subscriptions, submit accurate information or fulfil their membership requirements;“individual extended producer responsibility compliance scheme” means a system where direct execution of the extended producer responsibility obligations falls on an entity that is a sole producer of a product;“mandatory initiatives” means producer responsibility compliance schemes implemented through Government regulation;“packaging” means the material in which a product is wrapped or covered in order to protect it or prevent it from being contaminated, facilitate handling, transportation and delivery and for purposes of these Regulations, shall also be considered as a product;“post-consumer” means a period after usage when a product or packaging is discarded by a consumer or becomes waste;“product” means a good or packaging introduced in the market by any entity or person through production, importation, franchising, marketing, a distribution outlet and channels, for consumption by the consumer;“producer responsibility organisation” means a producers’ membership organization set up to assume legal obligation to implement extended producer responsibility on behalf of its members in a collective extended producer responsibility compliance scheme;“product life cycle” means the process a product goes through in all its stages from raw material extraction, design, production, transportation, distribution, consumption or use, repair and maintenance, recycling and end of life disposal; and“take-back” means a mechanism through which producers collect their products from consumers.

3. Object and purpose

The object and purpose of these Regulations shall be to—

(a)extend the responsibility of a producer over a product and its packaging during the life cycle of the product or its packaging;

(b)provide a framework for the establishment and operation of mandatory extended producer responsibility schemes; and

(c)the operationalisation of the polluter pays principle.

4. Application of the Regulations

(1)These Regulations shall apply to—

(a)producers;

(b)extended producer responsibility compliance schemes; and

(c)the products set out in the First Schedule.

(2)These Regulations shall apply to products that produce waste that negatively impact the environment, human and animal health, due to the—

(a)challenge they pose on—

(i)reuse;

(ii)recyclability; and

(iii)recoverability; and

(b)high management cost of the products at post-consumer stage because of the—

(i)quantities involved;

(ii)hazardous nature; and

(iii)risks involved.

Part II – EXTENDED PRODUCER RESPONSIBLILITY OBLIGATIONS

5. Extended producer responsibility obligations

(1)Pursuant to section 13 of the Act, a producer shall—

(a)establish a take back scheme which may include a deposit refund system;

(b)set up and register an individual or a collective extended producer responsibility compliance scheme;

(c)join a collective extended producer responsibility compliance scheme;

(d)register with the Authority;

(e)provide the Authority with reports of the status of the implementation of their extended producer responsibility obligations to the Authority;

(f)design products and packaging materials that minimize waste, facilitate reuse, recycling, recovery and use of secondary raw materials where possible and are environmentally friendly at their end of life;

(g)take financial, organizational and physical responsibility for the management, treatment and disposal of their post-consumer products and end of life treatment for the waste generated by their products;

(h)provide consumers with information and raise awareness on management of post-consumer products that they introduce in the market;

(i)carry out product life cycle assessment in relation to their products for enhancing environmental sustainability; and

(j)put in place circular economy initiatives and any other measures to reduce impact of their product on health and environment.

6. Extended producer responsibility fees

(1)Each importer of a finished product set out in the First Schedule shall pay to the Authority, at the point of importation, the corresponding fee set out in the First Schedule.

(2)Each importer shall, for purposes of importing any of the products set out in the First Schedule, apply to the Authority, at the point of import, for an extended producer responsibility certificate in Form A as set out in the Second Schedule and pay the corresponding product fee set out in the First Schedule.

(3)The application under sub-regulation (2) shall be accompanied by the following—

(a)a description of the importer;

(b)documentation showing the nature and quantities of the product; and

(c)proof of payment of the requisite fee.

(4)The Authority may, within fourteen days of receipt of an application under this regulation—

(a)approve the application;

(b)request for further particulars; or

(c)reject the application.

(5)The Authority shall, in writing, notify the applicant of its decision made under sub-regulation (4), within seven days of making the decision.

(6)Where the Authority approves the application under sub-regulation (4)(a), the Authority shall issue to the importer an Extended Producer Responsibility Certificate in Form B as set out in the Second Schedule.

(7)The Extended Producer Certificate issued under this regulation shall form part of the mandatory clearance and inspection documentation for an importer importing any of the items set out in the First Schedule.

7. Registration of producers

(1)A producer shall apply to the Authority for registration as a producer in Form C as set out in the Second Schedule and pay the fee set out in the Third Schedule.

(2)The application under sub-regulation (1) shall be accompanied by the following documents—

(a)a copy of the Registration Certificate issued by the Registrar of Companies;

(b)a document indicating the goods, product and packaging introduced into the country; and

(c)proof of payment of the requisite fee.

(3)The Authority shall, within fourteen days of receipt of an application for registration under this regulation—

(a)approve the application;

(b)request for further particulars; or

(c)reject the application.

(4)The Authority shall, in writing, notify the applicant of its decision made under sub-regulation (3), within seven days of making the decision.

(5)Where the Authority approves the application for registration under sub-regulation (3)(a), the Authority shall issue to the producer a Registration Certificate in Form D set out in the First Schedule.

(6)Where the Authority rejects the application for registration under sub-regulation (3)(c), the applicant shall have a right to appeal to in accordance with section.

8. Extended producer responsibility obligations

(1)Every producer shall, upon registration, fulfil the obligations set out in regulation 5 either individually or collectively by—

(a)setting up an individual producer responsibility compliance scheme; or

(b)joining a collective extended producer responsibility compliance scheme.

(2)A producer may transfer part of or the entire extended producer responsibility obligations, subject to a membership agreement, to a collective extended producer responsibility compliance scheme through a producer responsibility organisation, in which the producer takes membership.

(3)Despite sub-regulation (1), the lack of an established extended producer responsibility compliance scheme shall not exempt a producer from the extended producer responsibility obligations under regulation 5.

9. Registration of extended producer responsibility schemes

(1)The Authority shall register extended producer responsibility schemes as—

(a)individual producer responsibility compliance schemes where there is a single producer; or

(b)collective producer responsibility compliance schemes where there is more than one producer.

(2)For the purposes of sub-regulation (1)(b), the collective schemes shall be established on the basis of similarity of products, their uses and the nature of waste arising therefrom.

(3)The registered extended producer responsibility schemes shall establish appropriate mechanisms and structures for the management of each product under its respective category.

10. Registration of individual extended producer responsibility compliance schemes

(1)For the purposes of regulation 9, a producer shall apply to the Authority for registration of an individual extended producer responsibility compliance scheme in Form E as set out in the Second Schedule and pay the fee set out in the Third Schedule.

(2)The application under sub-regulation (1) shall be accompanied by the following—

(a)a declaration that the applicant is the producer of the product in the country;

(b)a certificate of conformity issued by the relevant authority in respect of the products produced by the producer;

(c)a copy of registration certificate from the Registrar of Companies;

(d)a copy of the producer’s extended producer responsibility plan;

(e)copies of agreements entered into with approved waste service providers; and

(f)proof of payment of the requisite fees.

(3)The Authority may, within fourteen days of receipt of an application for registration under this regulation—

(a)approve the application;

(b)request for further particulars; or

(c)reject the application.

(4)The Authority shall, in writing, notify the applicant of its decision made under sub-regulation (3), within seven days of making the decision.

(5)Where the Authority approves the application for registration under sub-regulation (3)(a), the Authority shall issue to the producer a Registration Certificate in Form F as set out in the Second Schedule.

11. Requirements for registration of a producer responsibility organization

(1)A collective extended producer responsibility organisation shall, before implementing an extended producer responsibility on behalf of its members, apply to the Authority for registration in Form E as set out in the Second Schedule and pay the fee set out in the Third Schedule.

(2)The application under sub-regulation (1) shall be accompanied by the following—

(a)proof of registration by the Registrar of Companies under the Companies Act;

(b)a certified copy of the most recent register of the members of the extended producer responsibility organisation;

(c)copies of the Extended Producer Responsibility Registration Certificates issued to each member of the extended producer responsibility organisation;

(d)certified copy of agreements with the approved waste service providers;

(e)a copy of the extended producer responsibility fee structure agreed among the members of the extended producer responsibility organisation;

(f)a progress report on achievement of set targets, in case of renewal of registration;

(g)a copy of the annual Extended Producer Responsibility audit, in case of renewal of registration;

(h)report conducted by an independent auditor approved by the Authority, in case of renewal of registration;

(i)a list of the directors of the company issued by the Registrar of Companies;

(j)a copy of the PIN Certificate issued by the Kenya Revenue Authority;

(k)a copy of a lease agreement or proof of ownership of the facility of operation;

(l)an extended producer responsibility plan prepared in accordance with these Regulations;

(m)a budget or financial plan for the extended producer responsibility scheme;

(n)a copy of signed minutes of the meeting adopting the updated extended producer responsibility plan signed by representatives of products within the category;

(o)an organogram for the producer responsibility organisation;

(p)work plan and budget for the coming year;

(q)certified copy of annual audited financial accounts;

(r)copy of a dispute resolution mechanism for the members participating in the extended producer responsibility scheme;

(s)a copy of the Memorandum of Association of the company declaring that the sole business of the company is to undertake extended producer responsibility obligations on behalf of the members; and

(t)proof of payment of the relevant fees.

(3)The Authority may, within fourteen days of receipt of an application for registration under this regulation —

(a)approve the application;

(b)request for further particulars; or

(c)reject the application.

(4)The Authority shall, in writing, notify the applicant of its decision made under sub-regulation (3), within seven days of making the decision.

(5)Where the Authority approves the application for registration under sub-regulation (3)(a), the Authority shall issue to the producer a registration certificate in Form F as set out in the Second Schedule.

(6)The certificate of registration issued under sub-regulation (5) shall indicate the extended producer responsibility number.

(7)A producer shall not switch from one collective extended producer responsibility scheme to another unless at the beginning of a new contract year and after giving a three months’ notice to the collective extended producer responsibility scheme and copying the same to the Authority.

12. Approval of extended producer responsibility compliance scheme by Authority

(1)The registration of an individual extended producer responsibility compliance scheme shall be approved by the Authority for a maximum period of four years, which shall be renewable, on condition that the producer demonstrates proof of operational, technical, managerial and financial capacity to meet their extended producer responsibility obligations and the national targets.

(2)The registration of a producer responsibility organisation shall be approved by the Authority for a maximum period of four years, which shall be renewable, on condition that the producer responsibility organisation demonstrates technical, managerial, financial and staffing and operational capacity to fulfil the requirements set out in the articles of association and agreements set by the members and stakeholders in the value chain.

13. Revocation, suspension or cancellation of Certificate of Registration

(1)The Authority may revoke, suspend or cancel an extended producer responsibility Certificate of Registration if the individual extended producer responsibility compliance scheme or the producer responsibility organisation does not comply with statutory requirements or fails to meet the national target set out in the extended producer responsibility agreement entered into by the parties in the collective scheme.

(2)An extended producer compliance scheme whose Registration Certificate has been revoked may apply to the Authority for registration upon compliance with the conditions set out in the revocation.

14. Annual operating licence

(1)A producer or producer responsibility organisation shall, upon registration, apply to the Authority for an annual operating licence in Form G as set out in the Second Schedule and pay the fee set out in the Third Schedule to undertake producer responsibility obligations for products listed in the First Schedule.

(2)An application for an annual operating licence under sub-regulation (1) shall be accompanied by the following documents—

(a)a copy of the progress report for the preceding year;

(b)a copy of the list of Directors of the Company issued by the Registrar of Companies

(c)a certified copy of current register of producer responsibility organisation members;

(d)certified copy of agreements with the approved service providers;

(e)a copy of the Extended Producer Responsibility Registration Certificate;

(f)a work plan and budget for the coming year;

(g)proof of payment of the fees set out in the Third Schedule; and

(h)a duly executed resolution of the company.

(3)The Authority shall, within fourteen days of receipt of an application for registration under this regulation —

(a)approve the application;

(b)request for further particulars; or

(c)reject the application.

(4)The Authority shall, in writing, notify the applicant of its decision made under sub-regulation (3), within seven days of making the decision.

(5)Where the Authority approves the application for an annual operating licence under sub-regulation (3)(a), the Authority shall issue an annual operating licence in Form H as set out in the Second Schedule to individual producers’ extended producer responsibility compliance schemes and producer responsibility organisations that fulfil their performance standards as set out in the work plan and are assessed to be of good standing by the Authority.

15. Revocation, suspension or cancellation of licence

(1)The Authority may, after the issuance of an annual operating licence—

(a)cancel or revoke such licence; or

(b)suspend such licence for such time as the Authority may deem fit,

where the licensee contravenes the conditions of the licence.

(2)Where the Authority cancels, revokes or suspends a licence in accordance with this regulation, the Authority shall indicate, in writing, the reasons for such cancellation, revocation or suspension.

(3)Where a licence is revoked, suspended or cancelled under this regulation, the holder of the licence shall not proceed with the extended producer responsibility scheme and each individual member of the producer responsibility organisation shall be responsible for the management of their product.

(4)Where the Authority revokes the licence of the producer responsibility organisation—

(a)an individual member of the organisation may proceed to join another producer responsibility organisation; and

(b)the members of the organisation shall nominate an interim committee to manage the producer responsibility organisation for a period not exceeding six months within which the producer responsibility organisation shall reorganise itself.

(5)For purposes of this regulation, the Authority may prohibit the producer from placing the affected product and packaging in the market.

16. Extended producer responsibility plan

(1)Every individual and collective extended producer responsibility compliance scheme shall, prior to registration develop and submit a four-year extended producer responsibility plan to the Authority indicating the following—

(a)the baseline for the products and packaging handled;

(b)plan for safe handling, processing and disposal of one hundred per centum equivalent volume of products declared by the producer;

(c)plan to meet national targets for reuse, recycling or recovery operations and end of life management;

(d)plan for continuous additionality in material recovery and recycling including circularity.

(e)a collection, logistics, recycling and composting system and end of life disposal mechanism;

(f)modulation of extended producer responsibility membership fees and parameters based on environmental sustainability criteria;

(g)a program on public awareness and consumer education and information on waste segregation and proper handling of post-consumer products;

(h)a verifiable paid-up membership list;

(i)a list of service providers and actors in the scheme;

(j)an eco-design standard operating procedure for the products handled by the scheme;

(k)a mechanism of controlling banned or dangerous substances in products handled by the scheme;

(l)an annual reporting mechanism;

(m)a plan or projection on training and capacity building of members and actors in the scheme;

(n)a schedule on monitoring of members, product traceability system, inspections and compliance with these Regulations;

(o)a model of financing the scheme integrating financial flows to the entire value chain actors; and

(p)any other actions necessary for execution of responsibility requested by the Authority.

(2)Every producer responsibility organisation shall submit an annual work plan and progress report to the Authority.

17. Producer responsibility organisations obligations

A producer responsibility organisation shall—

(a)at an agreed upon fee, be responsible for executing extended producer responsibility obligations on behalf of its members;

(b)undertake market development for the secondary raw materials market of the products under their scope;

(c)establish research and development programs with registered research institutions on emerging technologies to improve material recovery, removal of pollutants and effective systems for handling post-consumer products; and

(d)execute any other obligations set by the Authority for purposes of ensuring compliance with these Regulations.

18. Charging and modulation of extended producer responsibility fees

(1)Each member of a collective extended producer responsibility compliance scheme shall pay extended producer responsibility fees, calculated using the same parameters for all the producers in a given scheme, varying from one producer to another, taking into account the—

(a)quantity of products introduced to the market;

(b)existence of mechanism for segregation of products at source;

(c)recyclability and recoverability of the products;

(d)existence of markets for use of producer’s secondary raw material;

(e)absence or presence of hazardous or none hazardous but disruptive additives;

(f)products with or without defined environmental foot prints; and

(g)fulfilment of extended producer responsibility obligations.

(2)The collective extended producer responsibility compliance scheme shall submit to the Authority extended producer responsibility fee structure agreed among members in accordance with these regulations.

(3)The collective extended producer responsibility compliance scheme shall remit to the Authority five per centum of the membership fee collected under these Regulations for monitoring inspection and control audits, by the 10th February of each year.

(4)The money remitted under sub regulation (3) shall form part of the Restoration Fund established under section 25 of the Act.

(5)A collective extended producer responsibility compliance scheme that contravenes the provisions of this regulation commits an offence and shall on conviction be liable to the penalty provided under section 32 of the Act.

Part III – GENERAL PROVISIONS

19. Records

(1)Every extended producer responsibility compliance scheme shall keep and maintain records of products managed, eco-design standards, contracts entered into with agents, licensed waste service providers and recyclers, and level of performance as per the work plan.

(2)Every extended producer responsibility compliance scheme shall provide updated information on quantities of products they introduce into the national market, recyclability and reusability, interpretation of packaging labels, market traceability mechanism and any other prescribed information through reporting system established by the Authority.

(3)Every extended producer responsibility schemes both individual and collective shall submit up-to date annual report of the preceding year to the Authority by the 31st January of each year.

(4)Every extended producer responsibility compliance schemes shall provide annual reports on volumes of products collected, transported, recycled, reused, recovered and subjected to end-of life treatment to the respective counties.

(5)The Authority shall establish a reporting mechanism for all the individual and collective extended producer responsibility schemes.

20. Appeals

Any person or an entity aggrieved by any decision of the Authority under these Regulations may pursuant to section 31 of the Act, appeal to the Tribunal.

21. Offences

(1)An individual extended producer responsibility compliance scheme or a producer responsibility organization that wilfully fails to undertake any obligation under these Regulations commits an offence.

(2)Upon conviction under sub-regulation (1), the court shall order the individual extended producer responsibility compliance scheme or the producer responsibility organization to bear the cost of management of the said obligation.

(3)A person who introduces in the market a product on behalf of a producer who is not listed in the register published by the Authority as per the Act, commits an offence.

(4)A producer or producer responsibility organization commits an offence when the producer or producer responsibility organization gives misleading or false information on quantities held or managed under the extended producer responsibility scheme.

(5)A producer who is not a member of a related producer responsibility organization, a free rider and does not fulfil their individual obligations commits an offence.

22. General penalty

A person who commits an offence under these Regulations for which no penalty has been provided shall, on conviction, be liable to the penalty provided under section 32 of the Act.

23. Transitional Provision

Each producer in operation before the commencement of these Regulations shall apply to the Authority for registration within six months after the commencement of these Regulations and shall ensure compliance with the provisions of these Regulations.

FIRST SCHEDULE [rr. 4(1)(c), 6(1), (2), (7), 7(5), 14(1)]

LIST OF PRODUCTS AND PACKAGING SUBJECT TO EXTENDED PRODUCER RESPONSIBILITY COMPLIANCE SCHEME

NO.	PRODUCT	AMOUNT (KShs)Per item
1.	Packaging for non-hazardous products (plastics, aluminium, composite, paper and its corrugates, glass, cardboard and carton).	150
2.	Hazardous products’ packaging (Industrial chemicals, oil and lubricants, pharmaceuticals, agrochemicals, veterinary, cosmetics, paints and solvents), treated wood and agricultural films.	150
3.	Electrical and Electronic Equipment, Mercury Auto Switches, thermostats, Battery and Accumulators.	150
4.	End of life motor vehicles, automobiles, aircrafts, locomotives.	150
5.	Non packaging items (Plastics, glass, paper, cardboard), Furniture (except wooden, metallic), Rubber and Tyres, textiles, leather, artificial hair, diapers and sanitary towels.	150

SECOND SCHEDULE

FORMS

FORM A		(r.6(2))
APPLICATION FOR EXTENDED PRODUCER RESPONSIBILITY IMPORT CERTIFICATE
PART A: DETAILS OF APPLICANT
Al: Name of applicant (Individual or Firm)……………………………………..…………
A2: Nationality………………………………………………………………………...……
A3: PIN No………………………………………………………………………….……...
A4: Business Registration No. (where applicable)............ Date..........
A5: Postal Address………………………………………………………………………….
A6: Telephone No…………………………………..…………………………...………….
A7. Physical Location………………………………………………………………………
A8: Email: ……………………………………………………………….…..……………..
A9. Contact Person…………………………… Designation………………………………
A10: Consignment No…………………………………..………………………………….
Email…………………………………………………….…………………………………
Mobile No………………………………….……………………………………………….
A10: Indicate the category(s) of the import product……………………………………………………………………………………………
A11: List and Quantity of Products and packaging (attach another page if necessary)……………………………………………………………………..………………………
PART B: DECLARATION BY APPLICANT
I hereby certify that the particulars given above are correct and true to the best of myknowledge and belief
………………………….	………………………….	………………………….
Signature of applicant	Full name in block letters	Position
Firm Name and seal
PART C: REQUIREMENTS
Please submit the following attachments:(a)Application Form;(b)Certificate of Registration for the Company.(c)Documents indicating the type of products and packaging introduced to the Kenyan Market(b)The prescribed fee: Payable to:Account Name: NEMA Revenue AccountAccount No. 1102298158Bank: KCB, KICC Branch
Director-General
The National Environment Management Authority
Kapiti Road, South C
P.O. Box 67839 – 00100
NAIROBI, KENYA
Tel. 254-020-609013/27/79 or 608999 Fax 254-02-608997
E-mail: dgnema@nema. go. ke

________________________________________________________________





FORM B		(r.6(6))

EXTENDED PRODUCER RESPONSIBILITY – IMPORT CERTIFICATE
Certificate No……….
This certificate has been issued to …………… …………………………………
(Extended Producer Responsibility – Importer name) in fulfilment of the extended producer responsibility import registration requirements in compliance with these Regulations.
Date of issue: …………………………………………..
Expiry Date;…………………………………………….
Signature …………………………………..
Director General
National Environment Management Authority

________________________________________________________________

FORM C		(r. 7(1))
APPLICATION FOR PRODUCER REGISTRATION

PART A: DETAILS OF APPLICANT
Al: Name of applicant (Individual or Firm)………………………………………….……
A2: Nationality……………………………………………………………………….……
A3: PIN No…………………………………………………………………………………
A4: Business Registration No. (where applicable)……………..…… Date.…………..…
A5: Postal Address………………………………………………….………………………
A6: Telephone No…………………………………..…………………………..………….
A7. Physical Location………………………………………………………………………
A8: Email: ………………………………………………………………………………….
A9. Contact Person…………………………….………Designation………………………
Email……………………………………. Mobile No………………………………..
A10: Indicate the category(s) of producer you belong (tick appropriately)i.Manufacturer ☐ii.Importer ☐iii.Refiller ☐iv.Repackager ☐v.Rebrander ☐vi.Brand owner ☐vii.Converterviii.Others…....................................................... (please specify)
A11: List of Products and packaging (attach another page if necessary)………………………………………………………………………………………………
PART B: DECLARATION BY APPLICANT
I hereby certify that the particulars given above are correct and true to the best of myknowledge and belief
………………………	………………………	………………………
Signature of applicant	Full name in block letters	Position
On behalf of……………………………………..…..……… Date…………….…………..
Firm Name and seal
PART C: REQUIREMENTS
Please submit the following attachments:(a)Application Form;(b)Certificate of Registration for the Company.(c)Documents indicating the type of products and packaging introduced to the Kenyan Market(b)The prescribed fee: Payable to:Account Name: NEMA Revenue AccountAccount No. 1102298158Bank: KCB, KICC Branch
Director-General,National Environment Management Authority (NEMA)Kapiti Road, South C,Box 67839 – 00100NAIROBI, KENYA

Tel. 254-020-609013/27/79 or 608999 Fax 254-02-608997E-mail: dgnema@swiftkenya. com

________________________________________________________________

FORM D		(r. 7(5))

CERTIFICATE OF REGISTRATION
Certificate No……….

This certificate has been issued to …………… …………………………………
(Producer name) in fulfilment of the extended producer responsibility registration requirements in compliance with these Regulations.
Date of issue: …………………………………………..
Expiry Date;…………………………………………….
Signature …………………………………..
Director General
National Environment Management Authority

________________________________________________________________

FORM E		(rr. 10(1))(11(1)
APPLICATION FOR PRODUCER RESPONSIBILITY REGISTRATION
PART A: DETAILS OF APPLICANT
Al: Name of applicant (Individual or Firm)……………………………………………..…
A2: Nationality………………………………………………………………….……..……
A3: PIN No…………………………………………………………………………………
A4: Business Registration No. (where applicable)………………….. Date.…………..…
A5: Postal Address………………………………………………………….………………
A6: Telephone No…………………………………..………………………….……….….
A7. Physical Location………………………………………………………………………
A8: Email: ………………………………………………………………………………….
A9. Contact Person…………………………….………Designation………………………
Email…………………………………… Mobile No………………..………………..
A10: Indicate the category(s) of producer you belong (tick appropriately)i.Manufacturer ☐ii.Importer ☐iii.Refiller ☐iv.Repackager ☐v.Rebrander ☐vi.Brand owner ☐vii.Converterviii.Others…....................................................... (please specify)
A11: List of Products and packaging (attach another page if necessary)
………………………………………………………………………………………………
PART B: DECLARATION BY APPLICANT
I hereby certify that the particulars given above are correct and true to the best of my knowledge and belief
………………………….	………………………….	………………………….
Signature of applicant	Full name in block letters	Position
On behalf of…………………………………………….……… Date……………………..
Firm Name and seal
PART C: REQUIREMENTS
Please submit the following attachments:(a)Application Form;(b)Certificate of Registration for the Company.(c)Documents indicating the type of products and packaging introduced to the Kenyan Market(b)The prescribed fee: Payable to:Account Name: NEMA Revenue AccountAccount No. 1102298158Bank: KCB, KICC Branch
Director-General,National Environment Management Authority (NEMA)Kapiti Road, South C,Box 67839 – 00100NAIROBI, KENYA

Tel. 254-020-609013/27/79 or 608999 Fax 254-02-608997
E-mail: dgnema@swiftkenya. com

________________________________________________________________

FORM F		(r. 10(5)), (11(5)

EXTENDED PRODUCER RESPONSIBILITY
CERTIFICATE OF REGISTRATION
Certificate No……….

This certificate has been issued to ……………………..…………………………………
(Extended Producer Responsibility name) in fulfilment of the extended producer responsibility registration requirements in compliance with these Regulations.
Date of issue: ……………………………..……………..
Expiry Date;…………………………………………….
Signature ………………………………………………..
Director General
National Environment Management Authority

________________________________________________________________

FORM G		(r.14(1)
APPLICATION FOR ANNUAL LICENCE TO OPERATE INDIVIDUAL/COLLECTIVE PRODUCERS EXTENDED PRODUCER RESPONSIBILITY SCHEME

1.I hereby apply for a licence to undertake extended producer responsibility objectives for ………………………………(Category name) of which particulars are as given below:Full Name of Applicant or contact person………………………….………………….Name of company on behalf of which the application is being made (if applicable)…………………………................................................................................................Producer responsibility registration number/Producer Responsibility Organization registration number (in case of renewal)…….……………………………..………….Registered address of Applicant/Company …………………………………………...

(Address and postcode)

Physical Locality:(location, building)……………………………………..…………County………………………….….. Phone/Mobile number…………………………E-mail Address………………………… KRA PIN Number…………………………Company Registration Number ……………………………………….. (If applicable)

2.4Describe circular economy initiative for your product(s) [reuse, recyclability, recoverability, energy efficiency (attach additional pages as necessary……………………………………………………………………………….

2.5What is the estimated annual volume/quantity of product(s) introduced into the market?…………………………………………………………………………………………

2.6State the estimated annual amount of your product/product components at postconsumerstage. ………………………………………….……………………………

2.7State mechanisms put in place for identification and tracking of your product(s)?…………………………………………………………………………………………

3Attach the following documents together with the application form

(a)Proof of registration as a company limited by guarantee as provided by the Companies Act Kenya;

(b)Copy of list of directors (CR12) issued by the Registrar of Companies;

(c)Kenya Revenue Authority (KRA) Pin Certificate;

(d)A copy of lease agreement/ proof of ownership of the facility of operation;

(e)The Extended Producer Responsibility Plan;

(f)Budget/financial plan of the proposed scheme;

(g)Signed minutes of the meeting adopting the extended producer responsibility plan signed by representatives of products within the category (for collective schemes)

(h)List of members of the producer responsibility organisation per product

(i)Proposed organogram for the producer responsibility organisation

(j)Provide a dispute resolution mechanism for the actors in the scheme

(k)Copy of the Memorandum of Association of the company declaring that the sole business of the company is to undertake extended producer responsibility obligations on the specific products.

(l)proof of payment of the relevant fees to the Authority.

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FORM H		(r.14(5))
ANNUAL LICENCE TO OPERATE AN EXTENDED PRODUCER RESPONSIBILITY SCHEME
License number: ……………………………………………………………………………
Application Reference: …………………………………………………………..………..
Name………………………………………………………………………………………..
Postal Address: ………………………………………………………………….…………
You are hereby licensed to undertake Extended Producer Responsibility Obligations for ……………………………………………………………………………..…. (Category)
This License is valid from…………… (date of issue) to ………..……… (date of expiry)
This license is subject to the following conditions (see over leaf).
Date issued: ……………………………………………………………………………….

THIRD SCHEDULE (r. 6(1))

FEES

Individual producer registration (one off) – Ksh. 5, 000

Registration

1.Collective Extended Producer Responsibility Schemes – Ksh. 10,000

2.Individual Extended Producer Responsibility Schemes - Ksh. 5,000

Annual Licence

1.Collective Extended Producer Responsibility Scheme – Ksh. 100,000

2.Individual Extended Producer Responsibility Scheme – Ksh. 50,000

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History of this document

24 March 2025

Amended by The Sustainable Waste Management (Extended Producer Responsibility)(Amendment)(No. 2) Regulations, 2025

Read this version

30 January 2025

Amended by The Sustainable Waste Management Act (Extended Producer Responsibility)(Amendment) Regulations, 2025

Read this version

06 December 2024 this version

Published in Kenya Gazette 213

04 November 2024

Commenced

Cited documents 2

Act 2

1.	Companies Act	2126 citations
2.	Sustainable Waste Management Act	4 citations

The Sustainable Waste Management (Extended Producer Responsibility) Regulations

Legal Notice 176 of 2024

The Sustainable Waste Management (Extended Producer Responsibility) Regulations

Related documents

LAWS OF KENYA

SUSTAINABLE WASTE MANAGEMENT ACT

THE SUSTAINABLE WASTE MANAGEMENT (EXTENDED PRODUCER RESPONSIBILITY) REGULATIONS

LEGAL NOTICE 176 OF 2024

Part I – PRELIMINARY

1. Citation

2. Interpretation

3. Object and purpose

4. Application of the Regulations

Part II – EXTENDED PRODUCER RESPONSIBLILITY OBLIGATIONS

5. Extended producer responsibility obligations

6. Extended producer responsibility fees

7. Registration of producers

8. Extended producer responsibility obligations

9. Registration of extended producer responsibility schemes

10. Registration of individual extended producer responsibility compliance schemes

11. Requirements for registration of a producer responsibility organization

12. Approval of extended producer responsibility compliance scheme by Authority

13. Revocation, suspension or cancellation of Certificate of Registration

14. Annual operating licence

15. Revocation, suspension or cancellation of licence

16. Extended producer responsibility plan

17. Producer responsibility organisations obligations

18. Charging and modulation of extended producer responsibility fees

Part III – GENERAL PROVISIONS

19. Records

20. Appeals

21. Offences

22. General penalty

23. Transitional Provision

FIRST SCHEDULE [rr. 4(1)(c), 6(1), (2), (7), 7(5), 14(1)]

LIST OF PRODUCTS AND PACKAGING SUBJECT TO EXTENDED PRODUCER RESPONSIBILITY COMPLIANCE SCHEME

SECOND SCHEDULE

FORMS

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THIRD SCHEDULE (r. 6(1))

FEES

History of this document

24 March 2025

30 January 2025

06 December 2024 this version

04 November 2024

Related documents

Is amended by

Cited documents 2

Act 2

Documents citing this one 0