Letter to the Office of the President

29 September 2021

President Rodrigo Roa Duterte

Malacañang Complex J.P. Laurel Street San Miguel, Manila

Subject: Request for Immediate Release of List of Non-Environmentally Acceptable Products and Packaging and Include Single-Use Plastics

Dear President Duterte:

Green greetings! We, the undersigned organizations, are working on lasting solutions to end the plastic pollution crisis in the country. Single-use plastic is a problematic material. It is designed to be used once but lasts for decades in our ecosystems. We can see its effects not just in our coastal communities but in urban areas as well, especially during typhoon season. Our county is drowning in plastic waste. The staggering volume of plastic waste in the country has become unmanageable.

It has been twenty years since the passage of the Ecological Solid Waste Management Act or RA 9003. However, implementation still falls short. We therefore note the following to include single-use plastics in the list of Non-Environmentally Acceptable Products and Packaging (NEAPP) as mandated by the Act:

Plastic is not just a waste management issue but a climate and health concern as well. Ninety-nine percent (99%) of plastic is made of fossil fuel, and the entire plastic life cycle – from production to disposal – causes high volumes of greenhouse gas emissions. These emissions massively accelerate climate change. Moreover, plastic breaks down into smaller pieces called micro or nano plastics that find their way into the food chain, the water that we drink and, recent studies show, even the air we breathe. These micro-plastics may cause oxidative stress, cytotoxicity, inflammation, or immune reactions, and cause lesions in the respiratory system.

The plastic pollution crisis worsened due to the COVID-19 pandemic. In 2019, it has been reported that the average Filipino uses 591 sachets, 174 shopping bags, and 163 labo bags every year. Nationally, this results in almost 17.5 billion pieces shopping bags and 16.5 billion pieces labo bags every year. From July to December 2020, the country generated 362,000 metric tons of waste. This volume is about four times greater than the 88,000 metric tons of waste generated in 2019.

There is strong clamor for a single-use plastic ban from the Filipino people. In a 2020 Social Weather Survey, it was found that 7 out of 10 Filipinos are in favor of banning single use plastics. Moreover, there are, currently, 488 local governments (including Davao City) that already have ordinances regulating single-use plastics. It is worth noting that these local ordinances have contributed to significant decreases in the volume of plastic waste in local communities. Unfortunately, local ordinances are not enough to address the plastic waste crisis. A national uniformed ban on single use plastics is necessary to ensure plastic waste volume reduction across the country. So far, 95 cities, municipalities and provinces passed resolutions urging the National Solid Waste Management Commission to release the list of NEAPP and include single-use plastic.

Our existing environmental laws are powerful, it is powerful enough to end the plastic crisis. RA 9003 established the National Solid Waste Management Commission under the Office of the President by virtue of Section 4 of the Act. RA 9003 prohibits the use, manufacture, distribution, and importation of Non- Environmentally Acceptable Products and Packaging (NEAPP). Its implementing rules and regulations define NEAPP as “unsafe in production, use, post-consumer use, or that produce or release harmful by-products when discarded.” Clearly, single-use plastic falls within this definition. Section 29 of the law states that within one year from the effectivity “the National Solid Waste Management Commission shall, after public notice and hearing, prepare a list of NEAPP that shall be prohibited according to a schedule that shall be prepared by the Commission.” It has been two decades; the Commission is still to release the NEAPP list. This mandate is long overdue.

Banning straws and stirrers is not enough. During the en banc meeting in February, the Commission agreed to list plastic straws and stirrers in the NEAPP list. However, to date, the resolution on NEAPP list has not been released yet. It has been 20 years since the passage of RA 9003, the Commission has listed only two items. Based on the list of unnecessary single-use plastics from NSWMC Resolution No. 1363 Series of 2020, 5 Gyres Better-Alternatives-Now Global Ban Recommendation, Ocean Conservancy’s 2019 International Coastal Clean-up most common items found in the Philippines, 2020 Social Weather Survey Stations Survey, Break Free from Plastic Philippines Project: 2020 Brand Audit Report, and Department of Environment and Natural Resources Coastal Clean Up Data, we strongly recommend the inclusion at the soonest of the 10 initial list of single-use products and packaging in the NEAPP:

  1. plastic labo bags
  2. plastic bags including oxo-degradable plastics
  3. plastic cutleries: spoon, fork, and knives
  4. plastic straws
  5. plastic stirrers
  6. plastic bottles
  7. plastic cups and plates
  8. thin plastic take-out containers
  9. styrofoam or polystyrene food containers
  10. sachet, packaging, or products that are multilayered with other materials

We note that there are pending bills in the 18th Congress regulating single-use plastics. With the national elections fast approaching, it would be almost impossible to pass the law due to slow movement of the bills. Moreover, the current bills being considered in Congress include problematic and conflict-ridden provisions, which tend to negate the intent of an honest to goodness single-use plastic ban and weaken existing laws against polluting waste management practices (e.g. the ban on waste incineration.) such as the Philippine Clean Air Act (RA 8749) and RA 9003 itself. The current pace of the 18th Congress and the National Solid Waste Management Commission worsens the already alarming state of the plastic crisis in our country. We have to immediately ban single-use plastic to end the plastic pollution.

Thus, we humbly request to order the National Solid Waste Management Commission to immediately ban single-use plastic through the release of the list of Non- Environmentally Acceptable Products and Packaging. We respectfully note that in 2019 during a Cabinet meeting on climate change, a pronouncement was made that the administration will push for a ban on single-use plastics. We sincerely hope that the administration will follow through on this promise. A national single-use plastic ban would surely cement your legacy as a champion of the environment and of the Filipino people.

We are hoping for a favorable response to end the plastic crisis in our country. For questions or other concerns, please contact Coleen Salamat at 09287502576 or csalamat@ecowastecoalition.org

Sincerely,

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