Centre notifies guidelines on EPR for plastic packaging

The Environment Ministry has notified comprehensive guidelines on Extended Producer Responsibility (EPR) for plastic packaging. Announcing the notification of the new Plastic Waste Management (Amendment) Rules, 2022 through social media late on Thursday night, Union Environment Minister Bhupender Yadav said the guidelines provide a framework to strengthen the circular economy of plastic packaging waste and promote alternatives to plastic.

“Taking forward the clarion call given by PM Shri @narendramodi ji to eliminate single-use plastics, @moefcc has notified comprehensive Guidelines on Extended Producers Responsibility on plastic packaging,” Yadav tweeted.

Apart from providing a framework to bolster the economy of plastic packaging waste, the guidelines also promote development of new alternatives to plastics. They provide a roadmap for businesses to move towards sustainable plastic packaging, Yadav said.
The new rules will come into force with immediate effect.

Plastic under the new rules has been categorized into four – category one will include rigid plastic packaging; category two will include flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic), plastic sheets and covers made of plastic sheet, carry bags, plastic sachet or pouches.

Multi-layered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic) will come under category three and plastic sheet or like used for packaging as well as carry bags made of compostable plastics fall under category four.

With respect to plastic packaging, the EPR covers reuse, recycling, use of recycled plastic content and end of life disposal by producers, importers and brand-owners.

The new rules mandate producers, importers and brand-owners to provide the details of recycling certificates only from registered recyclers along with the details of quantity sent for end-of-life disposal, by June 30 of next financial year while filing annual returns on the online portal.

The details provided by producers, importers and brand-owners and registered plastic waste processors will be cross-checked by the online portal, it said.

In case of difference, the lower figure would be considered towards fulfilment of EPR obligation of producers, importers and brand-owners. The certificates shall be subject to verification by Central Pollution Control Board or State Pollution Control Board or Pollution Control Committee, as the case may be, it said.

The government has also called for establishing of a centralised online portal by Central Pollution Control Board (CPCB) for the registration as well as filing of annual returns by producers, importers and brand-owners, plastic waste processors of plastic packaging waste by March 31.

The online system developed by CPCB for the registration as well as for filing of returns by producers, importers and brand-owners shall reflect the plastic packaging material introduced in the market by them in a financial year. It shall also reflect the details regarding the audit of the producers, importers and brand-owners as well as recyclers or other waste processors of plastic packaging waste, it said.

The centralised portal would act as the single point data repository with respect to orders and guidelines related to implementation of EPR for plastic packaging under Plastic Waste Management Rule, 2016.

Environmental compensation shall be levied based upon polluter pays principle, with respect to non-fulfilment of EPR targets by producers, importers and brand owners, for the purpose of protecting and improving the quality of the environment and preventing, controlling and abating environment pollution, the new rules say.

Payment of environmental compensation shall not absolve the producers, importers and brand owners of the obligations set out in these guidelines. The unfulfilled EPR obligations for a particular year will be carried forward to the next year for a period of three years, the guidelines said.

The government has announced setting up of a committee which shall be constituted by the CPCB under chairpersonship of CPCB chairman, to recommend measures to the ministry for effective implementation of EPR, including amendments to Extended Producer Responsibility (EPR) guidelines.

The committee shall monitor the implementations of EPR and also take such measures as required for removal of difficulties. The committee shall also be tasked with the guiding and supervision of the online portal, including approval of requisite forms or pro forma, it said.
Under the new guidelines, SPCBs or PCCs shall submit annual report on EPR portal with respect to its fulfilment by producers, importers and brand-owners (which include manufacturers of plastic packaging material) and plastic waste processors in the state/Union Territory to the CPCB.

The report shall also be submitted to the state-level monitoring committee constituted under the Plastic Waste Management Rules, 2016. The SPCB or PCC shall also submit an annual report with respect to recyclers or end of life disposal in the state or UT to the CPCB by July 31 of next year, it said.

(With inputs from agencies)