On The Extended Producer Obligation

The extended producer obligation is a new legal obligation, which takes the producer as the core. It is the embodiment of the extended producer responsibility theory in the laws and regulations. It has two obvious characteristics. Firstly, the producer is predominant in the obligation. But he is not the only subject of the obligation. Producers can not fulfill this obligation well without the cooperation of retailers, consumers and the Government. Secondly, traditional environmental obligations of the producer are on the stage of production. But now the obligation focuses on product systems rather than production facilities. This thesis uses four parts to give a comprehensive analysis and research on the basic problems of the extended producer obligation.In the first part, this thesis discusses the definition of the extended producer obligation. After overviewing the theories'origin and development of the extended producer responsibility, this thesis has revealed the definition of the extended producer obligation. It has also discussed the connotation of legal obligation and legal liability. Legal liability is a secondary obligation is one which is contrasted and is to be performed in case the primitive cannot be. Legal obligation is a tie which binds us to pay or to do something agreeably to the laws of the country in which the obligation is made. Then the author gives a definition of the extended producer obligation."Extended producer obligation" means that the obligation of producers for their products is extended to the post-consumer stage. In other words, under this obligation, a company must be concerned not only with making the product and how it functions, but also with what will become of the product at the end of its useful life. And producers can not fulfill their obligation without the cooperation of retailers, consumers and the Government.In the second part, the thesis discusses the fundamental theories of the extended producer obligation. First, the theory of eco-anthropocentrism gives a support to the obligation. This paper has discussed the development of environmental ethnics. Then the author has pointed out that the theory of eco-anthropocentrism went beyond the circumstantial ethnics of human-centralism and non-human-centralism schools. Second, externalities and property right of environmental resources is also a support to the obligation. Third, the theory of corporate social responsibility gives a support in sociology. This thesis has introduced the concept of the corporate social responsibility briefly. The extended producer obligation is a specific content of corporate social responsibility. Forth, this paper analyses the foundation of the extended producer obligation by law. The theory of legal obligation and legal value supports the obligation. Then the author has analyzed the constructive factors of legal obligation. The legal obligation means"ought to be", and it exists in the expectation of people. The extended producer obligation is the embodiment of social interest. The ultimate goal of the obligation is sustainable development through environmentally responsible product development and product recovery. The obligation is to comply with efficiency and justice. It shifts the costs of managing post consumer products and packaging from the public to the private sector. Internalizing the external costs through a combination of economic and physical responsibility provides an incentive to manufacturers to design products that have minimal environmental impact throughout their lifecycle, and maximum reuse, recycling and reduction opportunities. This can only be achieved if internalization of the externalities is accompanied by an obligation to reuse or recycle.In the third part, this paper analyzes the content of the extended producer obligation. The author has researched subjects of this obligation and the scope of it. The targets of the obligation is also important. It is the manufacturer who develops and designs the product or package, and it is the manufacturer who chooses the materials for that product or package. Therefore, the most efficient and effective point at which to reduce waste and encourage reuse, reduction and recycling, is at the product development stage. Retailers, consumers and the government also play an important role in the obligation.In the part four, this paper gives a research to some auxiliary systems. Green design compatible with the extended producer obligation plays an important role. Rationally selecting raw materials, structures and processes according to environment protection index is demanded in green design, and thus the energy cost can be decreased, the poison can be prevented. The product environment label legal system is related to obligations which demand producers making information available to the public. The public participation system is another system which would have an effect to the obligation. It strengthens public's sense of responsibility of environment protection and arouse public's initiative and enthusiasm.