Solid Waste Importation Ban Act of 2025

.. -* TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 21 A10:27 SENATE RIC S. No. _ Introduced by Senator FRANCIS N. PANGILINAN AN ACT ESTABLISHING A BAN ON THE IMPORTATION OF SOLID WASTE, PROVIDING PENALTIES, AND FOR OTHER PURPOSES EXPLANATORY NOTE The world faces an escalating waste crisis, with global waste generation projected to increase by 70% by 2050, from 2 billion to 3.4 billion tonnes annually. I This surge threatens our oceans, with warnings that plastics could outlive fish by 2050.2 For over two decades, developed nations have exported vast amounts of plastic waste, primarily to Asia-Pacific. Following China's 2018 ban on plastic waste imports, this influx was largely redirected to Southeast Asian countries, including the Philippines. 3 1 World Bank, "Global Waste to Grow by 70 Percent by 2050 Unless Urgent Action is Taken: World Bank Report," Published on September 20, 2018. Available at https://www.worldbank.org/en/news/press-release/2018/09/20/global-waste-to-grow-bx= 70-percent-by-2050-unless-urgent-action-is-taken-world-bank- report#:~:text=WASHINGTON%2C%20September%2020%2%202018%2%80%94, waste%2C%20according%20to%20the %20report. Accessed on July 6, 2025. {Center for "A Global Tragedy for our Oceans and Sea Life," Available at https://www.biologicaldiversity.org/campaigns/ocean plastics/#:~:text=A%20Global%20Tragedy%20for%200ur,get%20caug ht%20in%20plastic%20litter.&text=It's%20time%20to%20get%20at,chance%20to%20reach%20the%20ocean. Accessed on July 6, 2025. 3 UNODC, "Legal Frameworks to Address Waste Trafficking in the ASEAN Region - Review and Gap Analysis". Available at https://www.unodc.org/documents/bmb/environmental- crime/Unwaste ASEAN Legal Frameworks.pdf#:~:text=Much%20of%20the%20inflow%20to%20the%20region,became%20e ffective%20at%20the%20start%200%202018.8text=11%20For%20many%20developing %20countries%20without%20the,m illion%20to%2012%20million%20tonnes%20per%20year. Accessed on July 6, 2025.

The Philippines has consistently been a recipient of hazardous and mislabeled waste from countries like Canada, South Korea, Australia, Japan, and Hong Kong, often violating Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste and Control Act of 1990). In one notable case, hundreds of tons of waste illegally shipped from Canada between 2013-2014 were only fully repatriated in 2019 after years of diplomatic pressure. More recently, there continue to be reports of recycled plastic imports that are often misdeclared or contain contaminants, posing ongoing challenges for local waste management and the environment. 5 Despite these recurrent incidents, the Philippines has not yet ratified the Basel Ban Amendment, which prohibits the import of all hazardous waste, including "recycling." Without this ratification and a robust domestic ban, the country risks being a primary destination for the world's unwanted waste, jeopardizing public health and the environment. In view of the foregoing, the urgent passage of this measure is earnestly sought to ban solid waste importation to protect the Philippine from becoming a global dumping ground. FRANCIS N. PANGILINAN Senator 4 Ecowaste Coalition, IPEN, "Timeline of Canada's trash dumping in the Philippines". Available at https://ipen.org/sites/default/files/documents/timeline of canada waste dumping in philippines 30 may 2019.pdf. Accessed on July 6, 2025. § Greenpeace Philippines, "Groups say goodbye to Canada waste, urge PH government to ban all waste imports immediately," Published on May 30, 2019. Available at https://www.greenpeace.org/philippines/press/2711/groups-say-goodbye-to-canada-waste-urge-ph-government-to-ban-all- waste-imports immediately/#:~ :text=From%202013%20to%202014%2C%20103%20shipping%20containers,waste%2C%20electronic%20w astes%2C%20and%20used%20adult%20diapers.&text=As%20the%2069%20shipping%20containers%20set%20sail, the%20 Philippines%20is%20not%20the%20world s%20dumpsite. Accessed on July 6, 2025.

- 1. Under vi e EIGHTEENTH CONGRESS OF THE ) First Regular Session JUL 21 A10:27 SENATE S. No. 721 Introduced by Senator FRANCIS N. PANGILINAN ESTABLISHING A BAN ON THE IMPORTATION OF SOLID WASTE, PROVIDING PENALTIES, AND FOR OTHER PURPOSES Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. - This Act shall be known as the "Solid Waste Importation

2 Ban Act of 2025. "

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to

prohibit the entry of imported solid waste into Philippine territorial limits for whatever purpose to prevent and control environmental pollution caused by solid waste, 6 safeguard human health, maintain ecological safety, and promote the sustainable 7 development of Philippine economy and society.

Sec. 3. Ban on Importation of Solid Waste and Its Use. - It shall be unlawful to

9 import any solid waste, as defined in Republic Act No. 9003 and its implementing rules and regulations, into or within Philippine territory, or otherwise use, treat, or process the same. For purposes of this Act, Special Economic Zones, as defined in Republic Act No. 7916, as amended, are considered part of the Philippine territory.

Sec. 4. Penalties. - Any entity or person who shall import any solid waste or

otherwise use, treat, or process the same in violation of this Act shall be punished with imprisonment of twelve (12) years and one (1) day to twenty (20) years, at the discretion of the court. If the offender is a foreigner, the foreign offender shall be deported and barred from any subsequent entry into the Philippines after service of sentence.

In the case of corporations, associations, or other entities, the penalty shall be 2 imposed upon the managing partner, president, or chief executive officer, in addition 3 to the payment of an exemplary damage of at least Five hundred thousand pesos (Php 4 500,000.00). If it is a foreign entity, the director and all its responsible officers shall 5 be barred from entry to the Philippines, in addition to the cancellation of its license to 6 do business in the Philippines. In case the offender is a government official or employee, the penalties of 8 automatic dismissal from office and permanent disqualification from holding any 9 elective or appointive position shall be imposed, in addition to the penalties provided herein.

Sec. 5. Other Penalties. - The person or firm responsible for or connected with

the unlawful importation of solid waste shall have the obligation to transport or send back to the port of origin such prohibited wastes. If the importer cannot be ascertained, the carries shall be responsible for transporting such solid waste back to the port of origin or pay the exemplary damage of at least Five hundred thousand pesos (Php 500,000.00), or both. If the importation caused environmental pollution, the competent environmental protection agency shall order the importer to eliminate the pollution.

Sec. 6. Forfeiture of Proceeds and Equipment. - The penalty imposed for the

unlawful importation of solid waste and its use shall carry with it the confiscation and forfeiture in favor of the Government of the proceeds of the unlawful act including any instrument, equipment, tool, or other improvements used in or with which the offense 23 was committed.

Sec. 7. Appropriations. - The amount necessary to carry out the provisions of

this Act shall be included in the annual General Appropriations Act.

Sec. 8. Implementing Rules and Regulations. - Within sixty (60) days from the

27 approval of this Act, the Department of Environment and Natural Resources (DENR) 28 and the Department of Trade and Industry (DTI) shall formulate the necessary rules and regulations to implement the provisions of this Act.

Sec. 9. Separability Clause. - If any part or section of this Act is declared

31 unconstitutional, such declaration shall not affect in any manner the other parts or 32 sections hereof.

Sec. 10. Repealing Clause. - All laws, decrees, proclamations, issuances, or

2 ordinances that are contrary to or inconsistent with the provisions of this Act are 3 hereby amended, repealed, or modified accordingly.

Sec. 11. Effectivity.- This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,