Plastic Waste Certification and Compliance

EPR Registration for Plastic Packaging Waste in India

What is EPR Registration?

EPR stands for Extended Producers Responsibility. Extended Producer Responsibility (EPR) is a significant environmental policy introduced under the Plastic Waste Management Rules, 2016, by the Ministry of Environment, Forest and Climate Change (MoEFCC). It aims to make manufacturers, importers, and brand owners accountable for the management of plastic waste, especially from packaging materials.

The entities who introduce plastic waste in India have to apply for EPR registration. These entities have to register themselves with the Central Pollution Control Board (CPCB) and provide accurate information about the generation and consumption of plastic packaging. Additionally the registered entities will be given targets for recycling of plastic packaging introduced and also ensuring its safe disposal.

Why is EPR Crucial for India?

Addressing plastic pollution through producer accountability.

The mass production of plastic that began six decades ago has created a plastic generation of around 8.3 billion metric tons and most of it ends up as plastic waste. Around 79% of the plastic waste that is generated settles in the land fills of our planet which eventually ends up in the ocean. If this situation is not handled responsibly then by 2050 there will be more plastic in the ocean than fishes. Plastic packaging is a significant chunk of the plastic waste generated because it is often designed for single use and then discarded. Once plastic packaging is discarded it takes around 400 years to degrade. Most of the plastic packaging generated decades ago still exists on our planet and has now become a global priority to drastically minimize the use of it.

Considering the facts discussed, it is very important for each country to make laws towards limiting the use of plastic, recycling the plastic waste and ensuring its safe disposal. Therefore the government introduced Extended Producers Responsibility (EPR) as a part of Plastic Waste Management Rules, 2016.

Who Needs EPR Registration?

Required for Producers, Importers, Brand Owners, and Plastic Waste Processors.

As per the EPR guidelines, it is necessary for all Producers, Importers and Brand Owners (PIBOs) to get EPR Registration. Additionally Plastic Waste Processors (PWPs) are also required to get EPR registration.

Producers (P):

As defined in the EPR guidelines, a producer is an entity that is involved in manufacturing of plastic packaging only.

Importers (I):

Importer is an entity that imports either plastic packaging or any product that is wrapped in plastic packaging.

Brand Owners (BO):

Brand Owner is an entity who sells any commodity wrapped in plastic packaging under any registered brand label or trademark.

Plastic Waste Processors (PWPs):

Plastic waste processor is an entity that recycles plastic waste and is engaged in safe disposal of plastic waste.

Types of Plastic Packaging Under EPR

CPCB classifies plastic packaging into four categories for EPR compliance.

What Are EPR Targets?

EPR targets are specific goals set by CPCB to ensure that producers, importers, and Brand Owners who manufacture, import or sell plastic packaging or products wrapped in plastic packaging take responsibility for recycling or its eco-friendly disposal. It basically gives an exact amount of plastic that an entity should recycle or dispose of in a particular financial year.

EPR Target for Producer and Importers

A producer is someone who manufactures plastic packaging and an importer is someone who imports plastic packaging or products that are wrapped in plastic packaging. EPR target is majorly dependent on Gross plastic waste generated by a producer or an importer.

In the event that a Producer sells their manufactured plastic packaging materials to an EPR registered Brand Owner, the corresponding quantity of plastic packaging material sold will be reduced from the producer's target and transferred to the same EPR registered brand owner's target. This logic also holds true for Importers. If an importer sells plastic packaging or products that are wrapped in plastic packaging to an EPR registered brand owner, the equivalent target will likewise be transferred to the same brand owner and reduced from the target of the importer. But this logic does not apply to a brand owner. Brand owners can not pass on their target to any other registered entity.

EPR Target for Brand Owners

A brand owner is someone who buys plastic wrap products or plastic packaging locally and sells it domestically or exports it under a registered brand name. EPR target for a brand owner is majorly dependent on the Gross Plastic Waste Generated.

EPR Obligations Explained

EPR obligations represent distinct sub-targets within the broader framework of EPR targets.

There are four primary categories of EPR Obligations, each allocated to Producers, Importers, and Brand Owners following EPR Registration:

1. End of Life Disposal

The plastic that cannot be recycled should be sent for end of life disposal. Currently the end of life of disposal of plastics can happen in the following ways: Usage in road construction, Waste to energy and Waste to oil as per relevant guidelines issued by CPCB from time to time.

2. Minimum Level of Recycling Target

This target will be applicable to importers from financial year 2024-2025. The importer shall ensure minimum level of recycling excluding end of life disposal of plastic packaging waste collected under EPR target.

3. Obligation for use of Recycled Content

This target will be applicable to importers from the financial year 2025-26. The importer shall ensure use of recycled plastic in the imported plastic packaging categorywise as shown in the table.

4. Obligation to reuse which only applies to brand owners

Environmental Compensation for Non-Compliance

If an importer exceeds his target and recycles more than the given target then in this case the importer will get a surplus EPR certificate which he can transfer or sell it to another entity who has not met the target at the end of the financial year. Another way to meet the target is buying an EPR certificate of the value equivalent to the target from any other entity who has surplus.

If an importer does not meet the target an environmental compensation (EC) will be imposed on the importer. Once the importer pays the EC, the unfulfilled target for that year will be carried forward to the next year for a period of three years. A certain amount of EC shall be returned or refunded depending on how early the pending target is met.

Environmental Compensation Return Schedule

Partial refunds of EC are available if targets are later fulfilled:

EPR Registration Process

Step-by-step procedure for EPR registration and compliance.

Step-by-Step Procedure

• Prepare Documents

• Submit Initial Application & KYC on EPR Portal

• Pay Application Fee

• Address Deficiencies (within 15 days)

• Receive Approval & Assigned Targets

• Start Complying & Receive EPR Certificate

Fee Structure

Documents Required for EPR Registration

• Company PAN Card

• Company CIN

• Company GST Certificate

• Company IEC

• Authorized Person's PAN Card

• Authorized Person's Aadhaar

• Details (Type & Quantity) of products Imported

• Picture of packaged covering

• Industrial Registration Certificate i.e. (IEM) or MSME Certificate

• Total Capital Invested Amount in Crores (Format will be shared)

• Total Quantity of Plastic Packaging Imported in the preceding two financial years

• Thickness (in microns) of the plastic packaging imported

• Invoice details of the Imported products for the preceding two financial years

• Invoice details of local sales of the preceding two financial years

Submitting Annual Returns

Submitting Annual Returns plays a major part in EPR Compliance and basically involves three activities: 1. Fulfilling the EPR Target: Recycling the plastic waste equivalent to the target or Buy the certificates or credit points equivalent to the target, 2. Updating Procurement and Sales Data, 3. Payment of Annual Processing Fee which is 25% of the application fees paid during EPR registration.

Conclusion

One of the key aspects of plastic waste management in India is incorporating the Extended Producer Responsibility (EPR) System into the plastic waste management framework. EPR covers a wide range of mechanisms that integrate the 'polluter pays' principle and business liability in the management of plastic waste produced by their products. This is a key step in transitioning to a circular economy. In the CPCB EPR Portal, the CPCB has designed an EPR framework that assists in the identification of various stakeholders and offers modules for enhancing transparency, accountability, and compliance for each of the waste management stakeholders. India is still in the early phases of implementing the EPR framework; still, it has the ability to greatly improve the sustainability of India's plastic waste management in the coming years.

Sun Certifications is a pioneer in the Indian market for assisting businesses in obtaining Extended Producer Responsibility (EPR) registration and for guiding businesses in meeting the various legal requirements associated with the management of plastic waste in India. As one of the industry leaders in assisting with the management of EPR compliance, Sun Certifications aids producers, importers, and brand owners (PIBOs) in obtaining EPR registration in compliance with the Indian country's Plastic Waste Management Rules. In addition, Sun Certifications offers entities assistance with registration, compliance management, and responsible waste management to help improve the environment.