On February 16, 2022, the Ministry of Environment, Forest and Climate Change extended producers’ responsibility for plastic packaging by Plastic Waste Management (Amendment) Rules, 2022.
The Central Government has issued guidelines under Plastic Waste Management Rules, 2016 in Schedule-II. These guidelines shall come into force with immediate effect.
The producers work out modalities for waste collection system under the Sec. 9 (1) of Plastic Waste Management Rules, 2016 and these amendment Rules aims to state the roles and responsibilities of Producers, Importers, Brand Owners, Central Pollution Control Board, State Pollution Control Board or Pollution Control Committees, recyclers and waste processors for effective implementation of Extended Producer Responsibility (EPR).
Obligated Entities that will be covered under the Extended Producer Responsibility obligations and provisions of these guidelines are- Following are the entities that fall under the category of Extended Producer Responsibility. These entities have to get registered in the centralized portal developed by Central Pollution Control Board.
- Producer (P) of plastic packaging;
- Importer (I) of all imported plastic packaging and / or plastic packaging of imported products;
- Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India.;
- Plastic Waste Processors
Coverage of Extended Producer Responsibility- The plastic packaging categories that are to be covered are as follows-
- Category I- Rigid plastic packaging;
- Category II- Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic),
plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches;
- Category III- Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than
- Category IV- Plastic sheet or like used for packaging as well as carry bags made of compostable plastics.
Targets for Extended Producer Responsibility and obligations of Producers, Importers & Brand-Owners- The Extended Producer Responsibility (EPR) targets for the Producers, Importers & Brand-Owners shall be determined category-wise and calculated as per the formula and annexure given at the end of Schedule.
Imposition of Environmental Compensation- Polluter shall be liable to pay Environmental Compensation in case of non-fulfilment of EPR targets by Producers, Importers & Brand Owner. In order to protect and improve the quality of the environment Central Pollution Control Board will charge compensation on defaulter Producers, Importers & Brand-Owners operating in more than two states. Similarly, compensation will be levied by State Pollution Control Board on the default producers operating in their jurisdiction.
Role of Producers, Importers & Brand-Owners- The entities have to register through the online centralized portal and submit their Action Plan with the Board. That Action Plan has to be covered under the Registration and henceforth standard operating procedure shall developed by the Central Board.
Plastic Packaging Waste Collection System by Producers, Importers & Brand-Owners- Along with fulfilment of obligations under EPR registered entities can develop collection and segregation infrastructure of plastic packaging waste, as required, based on the category of plastics. The entities involved in waste collection will hand over the waste for treatment and recycling or for identified end uses.
Centralized Online Portal- Central Board will establish an online system for the registration as well as for filing of annual returns by Producers, Importers & Brand-Owners, and plastic waste processors of plastic packaging waste by 31st March 2022. Till the time portal is developed all the activities related to implementation of EPR will run under the Plastic Waste Management Rules, 2016.
Committee for Extended Producer Responsibility under PWM Rules- A committee shall be constituted by the Central Pollution Control Board under chairpersonship of Chairman, Central Pollution Control Board to recommend measures to Ministry of Environment, Forest and Climate Change for effective implementation of Extended Producer Responsibility including amendments to EPR guidelines.