No difference. Both are producers who introduce products into the Kenyan market. However, both need to account for their proportion of attribution to avoid double counting.
The producers bear the primary obligation while others are secondary players.
Costs to cover collection, transportation, public awareness, recycling, incineration, landfilling, public awareness, auditing and reporting.
The producers should map the value chain for their product to ensure that there is no double counting.
NEMA receives a lot of data through EIAs and EAs and has already established a system for data management to maintain secrecy of information submitted.
NEMA will validate data provided by producers with databases from other enforcement agencies. The data will inform discussions by the multiagency team to enhance decision making. However, final custody of the data remains with NEMA as well as choice of information to be shared with the multiagency team.
After expiry of the reporting period for the producers on 30th October 2023, NEMA will validate the new database with the others held in agencies such as KEBS and KRA. All producers not found in the NEMA database will be summoned and held to explain their non-compliance with the law. Enforcement action will be taken against those who are not compliant with the Act.
The SWM Act 2022 establishes diverse players within the value chain such as MRFs, Collection Points, transporters, recyclers, incinerators and landfill. The waste pickers operate at the low levels of the value chain such as the MRF and Collection Points and the PROs can pay these players at that level.
If a producer fails to pay PRO fees for 3 months, they will be reported to NEMA who will institute enforcement action.
NEMA receives annual reports from both PROs and producers. Reporting by producer to the PRO will be as per membership agreements.