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Extended Producer Responsibility (EPR) is a concept that requires producers, importers, and brand owners (PIBO) of products to take responsibility for the management of waste generated by their products.
EPR in India is currently implemented through the Plastic Waste Management Rules (PWMR) 2016, which was issued by the Ministry of Environment, Forest and Climate Change (MOEFCC).
The Plastic Waste Management Rules 2021 also requires producers, importers, and brand owners of plastic products to set up collection centers and financing systems for the collection of their products at the end of their useful life.
Additionally, they are required to submit an annual report, detailing the quantity of plastic waste collected and recycled to-
The concept of Extended Producer Responsibility (EPR) in India is relatively new, The first EPR laws in India were introduced in 2011 with the introduction of the e-waste management rules under the Ministry of Environment, Forest and Climate Change (MOEFCC).
These rules made it mandatory for manufacturers and importers of electronic equipment to take responsibility for the collection, transportation and disposal of their products at the end of their life.
After the introduction of the Plastic Waste Management Rules 2016, the Indian government has been taking steps to implement EPR in other sectors as well, such as packaging waste and construction and demolition waste.
In 2018, the National Clean Energy Fund (NCEF) was launched to promote clean energy initiatives, including the development of EPR. The same year, the government also announced the formation of a National Recycling Fund (NRF) for the management of plastic waste.
The EPR guideline cover the following with respect to plastic packaging-
Read the Electronic Gazette here https://cpcb.nic.in/uploads/plasticwaste/PWM-Amendment-Rules-2022.pdf
The following entities are covered under EPR obligations
The following Plastic Packaging categories are covered under EPR:
All PIBOs and PWPs must register on the portal developed by Central Pollution Control Board – https://eprplastic.cpcb.gov.in/#/plastic/home
In case your company falls into one or more subcategories of PIBOs or PWP, then you must register separately for each such category.
Similarly, in case your company has units in different states, then you must register separately for each state.
Please refer to point (7) in EPR Guidelines 2022 to get a detailed understanding of the targets based on your entity type.
If a Brand Owner meets their EPR targets, they can use the surplus certificates generated in the following ways:
Note –
Producers, Importers, and Brand Owners can also fulfill their EPR obligations under a category by purchasing surplus EPR certificates from others in the same category.
These transactions must be recorded and submitted on the online portal.
The Environmental Compensation is imposed on PIBOs for not fulfilling their Extended Producer Responsibility targets and obligations. The compensation is levied based on the polluter pays principle and is aimed at protecting and improving the environment.
The Central Pollution Control Board and respective State Pollution Control Boards are responsible for laying down guidelines for the imposition and collection of the compensation.
The compensation is levied on producers operating in more than two states by the Central Pollution Control Board, and on producers operating in a single state by the State Pollution Control Board.
The payment of environmental compensation does not relieve producers of their obligations and unfulfilled targets will be carried forward for a period of three years.
The funds collected through the environmental compensation are kept in an Escrow account and are used for the collection, recycling, and end of life disposal of plastic waste.
Refer point (9) of EPR Guidelines for more details
An Extended Producer Responsibility (EPR) certificate is a document that certifies that a company, organization or individual has met the requirements set out in EPR regulations.
The EPR certificate serves as a proof of compliance with the regulations and authorizes the holder to operate in accordance with the specific EPR regulations that apply to their sector.
The use of an EPR certificate in India varies depending on the sector and the regulations that apply, but in general, an EPR certificate is used to:
The responsibilities of producers, importers & brand owners under EPR in India include:
Under this framework, the recycling process of plastic waste is as follows:
The recycling process under EPR in India is still in the early stages and there is room for improvement in terms of infrastructure and the quality of recycled products.
Extended Producer Responsibility (EPR) can be beneficial to producers in several ways:
Producers are responsible for the collection, transport and disposal of their products at the end of their useful life, which can be done in a more cost-effective way than leaving it to municipalities.
This can lead to increased consumer demand for sustainable products and an increased reputation for being environmentally conscious.
Encourage innovation: EPR can encourage producers to seek more sustainable production methods, and to develop more sustainable products.