EPR

PLastic waste management

The Ministry of Environment, Forest and Climate Change, Government of India, in its fourth Amendment to the Plastic Waste Management Rules, dated February 16, 2022, notified ‘Guidelines on Extended Producer Responsibility for Plastic Packaging’ in Schedule II. As per the notified Guidelines, Producers, Importers, and Brand Owners (PIBOs) are required to ensure the processing of plastic waste generated due to plastic packaging of products introduced by them in the market.

what is

EPR?

EPR is defined as ‘an environmental policy approach in which a producer’s responsibility, physical and/ or financial, for a product, is extended to the post-consumer stage of a product’s life cycle.

(1)Shifting of responsibility upstream towards the producer and away from municipalities

(2)Providing incentives to producers to include environmental considerations in their product design, such as

a) reducing material consumption,

b)using more secondary material,

c)promoting product eco-design

TERMINOLOGIES

Biodegradable Plastics

means that plastics, other than compostable plastics, undergo complete degradation by biological processes under ambient environment (terrestrial or in water) conditions, in specified time periods, without leaving any microplastics, or visible, distinguishable, or toxic residue, which have adverse environmental impacts, adhering to laid down standards of Bureau of Indian Standards and certified by Central Pollution Control Board.

End of Life disposal

means using plastic waste for generation of energy and includes co-processing (e.g., in cement kilns) or waste to oil or for road construction as per Indian Road Congress guidelines, etc.

Pre-consumer plastic packaging waste

means plastic packaging waste generated in the form of reject or discard at the stage of manufacturing of plastic packaging and plastic packaging waste generated during the packaging of the product including reject, and discard, before the plastic packaging reaches the end-use consumer of the product.

Post-consumer plastic packaging waste

means using plastic waste for generation of energy and includes co-processing (e.g., in cement kilns) or waste to oil or for road construction as per Indian Road Congress guidelines, etc.

Waste to Energy

means using plastic waste to generate energy, including co-processing (e.g., cement kilns).

Recycling

means the process of transforming segregated plastic waste into a new product or raw material for producing new products.

Reuse

means using an object or resource material again for either the same purpose or another purpose without changing the object’s structure

Use of recycled plastic

means recycled plastic, instead of virgin plastic, is used as raw material in the manufacturing process;

Plastic Waste Processors (PWPs)

means recyclers and entities engaged in using plastic waste for energy (waste to energy), and converting it to oil (waste to oil), industrial composting.

who can apply?

PWM (Amendment) Rules, 2022 Guidelines on

EPR for Plastic Packaging

Provides a framework for the implementation of Extended Producers Responsibility (EPR) in India.
Provide the roles and responsibilities of Producers, Importers, Brand Owners (PIBOs), Central Pollution Control Board (CPCB), State Pollution Control Board (SPCBs) or Pollution Control Committees, recyclers, and waste processors.
Provides a framework to strengthen the circular economy of plastic packaging waste, promotes the development of new alternatives to plastics, and provides further next steps for moving towards sustainable plastic packaging by businesses.

PIBO’s

(Producers (P),Importers (I),Brand Owners (BO))

Producers (P): Producers of plastic packaging.
Importers (I):Importers of all imported plastic packaging and or plastic packaging of imported products.
Brand Owners (BO): Brand Owners including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of the Ministry of Micro, Small and Medium Enterprises, Government of India.

Required Documents for PIBOs

1. PAN, GST, CIN of the Company

2. Aadhar, PAN of Authorized person (Scanned Copies)

3. DIC Registration in PDF format (if the unit is registered with DIC)

4. Scanned copy containing details of products (type and quantity) produced/marketed.5.Representative Picture of packaging covering different plastic categories under EPR

6. Covering letter in PDF format

7. Scanned copy of signatures of authorized persons in png, jpeg, jpg.

8. Document any other information which the unit wishes to provide.

**Points to remember**

•Legal Name, Trade name, Type of business: As appearing on the GST Certificate

•PAN: To be issued in the Legal name of the Entity

•CIN: To be provided by Pvt/Public/ LPP firms registered under the Company Act

•GST: Combined GST of all States /UTs in which the Entity is operational

•IEC: To be provided for importers

•Category Document: Micro/Small category Brand owners not to apply for Registration

Application Fees & Annual Processing Charges

Targets for

PIBOs

Every producer, importer, and brand owner has to comply with the following targets:

EPR Target
Minimum Level for Recycling
End-of-life disposal
Obligation for Use of Recycled Content

In addition to that, brand owners must adhere to a :

Minimum Level for Reuse

*The target calculations are explained in advanced courses.

Points to Remember

checklist

1. PAN, GST, CIN of the Company

2. Aadhar, PAN of Authorized person (Scanned Copies)

3. Scanned copy containing details of products (type and quantity) produced/marketed.

4. Covering letter in PDF format

5. Scanned copy of signatures of authorized persons in png, jpeg, jpg.

6. Additional Document (if any)

7. Sales record

8. EPR Plan

**Points to remember**

•Legal Name, Trade name, Type of business: As appearing on the GST Certificate

•PAN: To be issued in the Legal name of the Entity

•CIN: To be provided by Pvt/Public/ LPP firms registered under the Company Act

•GST: Combined GST of all States /UTs in which the Entity is operational

•IEC: To be provided for importers

AT NKG we assist Importers – Manufacturers- Brand Owners with an exhaustive knowledge required to procure various approvals, license, permissions and ensure ongoing compliances under the Legal Metrology Act 2009 so that the responsible persons of the products can place their products in the Indian market without any hassle.

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