How Extended Producer Responsibility (EPR) is changing product compliance
Why EPR is critical for product compliance and chemicals management and how it impacts your business.
Extended Producer Responsibility (EPR) is a powerful policy tool, which is both changing the nature of product compliance, and bolstering global environmental safeguards. It applies to manufacturers, importers and brand owners who must take responsibility for the post-consumer stage of a product’s life.
When a product is no longer wanted, used up, faces disposal or recycling, this is where EPR regulation can change the course of what happens next to that product, the chemicals and materials that make it up and whether they can be put to re-use or harmlessly disposed of in the environment.
Historically, focus for industry has been on selling the product, the use of the product, and that was where responsibility ended. As governments grapple with the mounting waste crisis, especially related to packaging, electronics, and plastics, they are increasingly shifting the burden of waste management to the producers. The aim is for producers to consciously, and bound by legal obligation, to significantly improve product design for sustainability so at the end of a product’s life, it potential to pollute will be diminished or reduced.
What’s involved in EPR?
EPR can involve how the product is collected and sorted, and its recycling or safe disposal. It may entail aspects of reporting and registration and even require the financing of end-of-life systems.
While EPR regulations steer end-of-life waste management for products, they also promote safety standards regarding what is inside products, especially the selected chemicals. If your product contains substances that are restricted, difficult to recycle, or toxic to the environment your compliance strategy may be at risk and EPR can highlight these deficiencies. Chemicals management has become a central pillar of EPR compliance in today’s regulatory landscape and requires understanding every part of a product from the chemicals up.
While compliance professionals may be aware of regulatory and consumer pressure for waste management, a too easily overlooked aspect of EPR is its deep connection with chemical content. There is pressure globally to ensure manufacturers make products and use chemicals that are environmentally sensitive and safe to use.
The recyclability and safe disposal of a product depends heavily on what chemicals it contains. For example:
- Toxic flame retardants in electronics can disrupt recycling processes.
- PFAS (“forever chemicals”) are now banned or restricted under multiple frameworks.
- Heavy metals can contaminate waste streams and result in hazardous classifications.
Ignoring the chemicals checks, would undoubtedly put at risk your EPR compliance.
While EPR regulations steer end-of-life waste management for products, they also promote safety standards regarding what is inside products, especially the selected chemicals.
EPR regulations around the world
For manufacturers, EPR is no longer optional. It’s a legal, financial, and reputational requirement, especially if you sell into multiple jurisdictions. EPR is relevant wherever you are in the world and is developing, along with its impact on business and compliance strategies.
EU EPR regulations
Europe has had robust EPR laws in place since the 1990s, introduced via Directive 94/62/EC on Packaging and Packaging Waste in 1994.
The EU leads the way with harmonized directives and regulations, including:
- WEEE Directive – For electronics
- Packaging and Packaging Waste Regulation (PPWR)
- Batteries Regulation (EU) 2023/1542
- End-of-Life Vehicles (ELV) Directive
If you place products on the EU market, you’ll be required to register them and the volumes you use, and design the products to support recyclability and safety. For instance, REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation – mandates chemical registration, safe use, and communication. Manufacturers and importers must register chemical substances in quantities of one tonne per year with REACH. You can find out more in this article: Reach compliance explained.
There is also the RoHS (Restriction of Hazardous Substances) Directive – which restricts certain hazardous substances in electronics, and CLP (The Classification, Labelling and Packaging) Regulation that governs classification, labeling, and packaging of chemicals.
EPR and chemical regulations comprise of an interlinked compliance ecosystem which results in both harmonization and complexity. The goal is that sustainable design will become widespread, and a global expectation. Indeed, Europe is leveraging EPR to achieve a circular economy. For example, The EU Green Deal and the Circular Economy Action Plan aim to make sustainable products the norm. Chemicals of concern are being phased out to ensure that materials remain in the economy and are safe for reuse and recycling. The implications for product design are that designers must consider as standard in their plans, ease of disassembly of the product, and the non-toxicity of its component parts and chemicals. For materials selection it will mean avoiding legacy chemicals in recyclates. Further, it will incentivize innovation to substitute hazardous substances.
Chemical regulatory management becomes both a compliance necessity and a circular economy enabler. An upside to it for businesses upholding sustainability standards in product design, is consumer trust of “green claims”.
An important consideration is that the EU is set to mandate Digital Product Passports – linking every product with detailed chemical, recyclability, and sustainability data. These passports will become central to EPR, supply chain transparency, and customer trust. Read this guide on the DPP for more information.
EPR in the US
The United States is catching up to Europe in this area, with states like California, Maine, Oregon, and Colorado rolling out packaging EPR laws and expanding them into electronics, batteries, and more. It was Maine and Oregon that became the first states to pass comprehensive EPR laws for packaging in 2021. Several states are now implementing and considering similar legislation for packaging, electronics, carpets, mattresses, and pharmaceuticals.
Compliance regimes in the US include TSCA – that regulates industrial chemicals, increasingly focused on supply chain data and California Proposition 65 which requires warning labels for products containing certain listed chemicals.
Canada EPR
Canada has been a pioneer in EPR, particularly at the provincial level. British Columbia operates one of the most mature packaging EPR programs globally, and national harmonization efforts are underway through the Canadian Council of Ministers of the Environment (CCME).
EPR in Asia-Pacific
Japan and South Korea have long-standing EPR frameworks, with obligations on electronics, packaging, and more.
China has shifted focus through its Circular Economy Promotion Law, with ongoing development of EPR schemes in electronics and packaging.
India has implemented comprehensive EPR rules for plastic packaging, e-waste, batteries, and tires, with digital tracking and reporting mechanisms.
EPR in Latin America & Africa
Countries like Chile, Colombia, Brazil, and South Africa are emerging EPR jurisdictions. Chile’s REP Law now mandates EPR for seven product categories (having recently added textiles), while Brazil’s National Solid Waste Policy is spurring voluntary and mandatory schemes.
Challenges facing businesses with EPR
Despite shared goals, the fragmented nature of EPR regulations can pose significant hurdles, including:
- Lack of harmonization: Definitions, reporting formats, thresholds, and compliance timelines differ drastically.
- Complex registrations: Multinational companies must register individually in each jurisdiction, often with local entities.
- Evolving obligations: Regulations are frequently updated, requiring constant monitoring.
- Data and traceability: Accurate reporting demands end-to-end visibility into supply chains and material flows.
Toward circular economy compliance
As Extended Producer Responsibility (EPR) schemes expand across more jurisdictions, companies must shift from reactive to proactive compliance strategies. Here’s how producers can get ahead of evolving requirements:
Centralize all your required EPR information
Designate the management of a centralized system to oversee and coordinate global compliance efforts across markets. It makes sense to attempt to centralize your chemical intelligence, and to consolidate data on global substance restrictions. You should be able to find your EPR requirements by jurisdiction and filter out product-specific regulatory mandates that are relevant to your business, A centralized system enables quicker decision-making, streamlined reporting, and fewer regulatory surprises.
Invest in robust data systems
Implement best-in-class tools to track product flows, material composition, weights, and end-of-life treatments – ensuring reliable reporting and insight.
Engage with PROs and industry stakeholders
Collaborate with Producer Responsibility Organizations and industry groups to help shape pragmatic regulations and minimize redundant obligations. Find a reliable source of up to date information that you can trust and so that you can continually monitor and track often rapidly changing regulatory information. Engage in dialogue with experts and tap into industry compliance knowledge.
Design with compliance in mind
Embed eco-design principles early in product development to reduce future regulatory and environmental burdens. By selecting chemicals carefully, you can futureproof against re-design and recalls, and benefit reputationally from ‘green’ credentials. It makes sense to align compliance and sustainability teams and dismantle internal silos. Ensure product compliance, regulatory affairs, sustainability, and design teams work in concert. Address chemical risks proactively, during the design phase, not after products hit the market.
EPR compliance made easier
Enhesa Product Intelligence has several ways to make EPR compliance easier to manage. For the latest updates in chemicals and product regulations around the world, you can rely on the trusted news site, Chemical Watch News & Insight. We also have Regulatory Database to see specific regulations you need to understand. To find relevant regulatory conferences and networking opportunities we have Professional Development. Finally, for more bespoke support our experts are on hand with Expert Services and Managed Services. All these service are accessible via Enhesa Product Intelligence.
Dedicated EPR solutions
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