MODEL LAW ON EXTENDED PRODUCER RESPONSIBILITY OF THE PACKAGING LIFECYCLE

Abstract

This research aims to 1) Investigate legal problems related to Thailand’s packaging, 2) Explore principles and concepts related to extended producer responsibility of the packaging lifecycle, 3) Examine international environmental laws, foreign laws, and Thailand laws related to extended producer responsibility of the packaging lifecycle, and 4) Propose the model law on extended producer responsibility of the packaging lifecycle using the qualitative research methodology, i.e., documentary research, in-depth interview, and participation in forming laws, and public hearing on the draft law. The research results showed that Thailand does not provide any laws for efficient packaging management, causing environmental pollution and carbon footprint which is a factor of climate changes. According to the study of laws of the European Union, the Federal Republic of Germany, Kingdom of Norway, and the Socialist Republic of Vietnam, these countries have adopted extended producer responsibility, extended consumer responsibility, and life cycle assessment which are significant principles under the circular economy policy as the fundamental principles in legislating a law on extended producer responsibility of the packaging lifecycle. This research obtains “(draft) Green Packaging Act B.E. ….” as the model law leading to developing environmental laws. Moreover, it is the law corresponding to Thailand’s circular economy policy. The important structures include assigning packaging producers to be responsible for carbon footprint of the producer’s packaging lifecycle with producer responsibility organizations representing producers and promoting consumers to involve the local administrative organization in efficiency of packaging waste management.