EPR is based on the polluter-pay principle that whoever has been causing the pollution should bear the responsibility and cost of managing it. EPR has spearheaded the creation of infrastructural facilities for waste collection, sorting, storage, recycling plants, and technology-driven solutions. The framework also incentivizes manufacturers to design products that leave minimal environmental impact and are resource-efficient.

Let’s delve deeper and understand how EPR Registration plays a pivotal role in promoting a circular economy, ensuring sustainable management of waste, and establishing recycling and collection mechanisms.

What is Sustainable Waste Management under EPR?

Sustainable waste management is an approach that defies the take-make-waste model. Also referred to as linear economy, the model describes a system where first the resources are extracted. Then the raw material is used to create products, marketed, utilized, and discarded as waste once it is no longer useful. Sustainable waste management opposes this model and attempts to keep the raw materials and products in use as long as possible. It aims to minimize the generated waste, look for ways to repurpose products, and treat them in an environment-friendly manner to bring them back into circulation.

Under EPR, sustainable management of waste encompasses the following key components:

• Sustainable Product Design: EPR rules promote the adoption of sustainable practices by businesses and individuals alike. The certificate serves as an economic incentive that encourages producers to design their products in such a manner that creates minimal waste and is easy to recycle once it reaches the recycler/ dismantlers.
• Waste Management: The EPR framework aims to manage post-consumer waste. In simpler terms, EPR encourages producers to collect, recycle, and reuse the plastic bags, cardboard boxes, or other plastic packaging items they have produced and sold to the customers. To facilitate the collection, companies can either set up their own collection mechanism or enter into contracts with PROs (Producer Responsibility Organizations).
• Circular Economy: One of the significant benefits of EPR is its ability to promote the principles of circular economy and minimize the environmental footprint of products through resource efficiency. Instead of letting the product end up in landfills, littering, or burning, EPR incentivizes reuse and recycling and thus promotes sustainable methodologies to enable responsible management of waste.

EPR in Promoting Circular Economy and Sustainability

Before understanding how EPR promotes a circular economy, it is necessary to understand the different aspects of the circular economy itself. Also referred to as a closed-loop economy and zero-waste economy, a circular economy is based on three key principles namely the elimination of pollution and waste, the regenerate nature, and the circulation of products. In simpler terms, it involves reusing, repairing, sharing, leasing, recycling, and refurbishing the existing plastic and other materials to keep it in use as long as possible. Thus, instead of discarding the material, it is brought back into the economy and used again and again. The circular economy plays a pivotal role in reducing the extraction of natural resources, and greenhouse gas emissions, and creating an ecologically sound future.

According to the World Wide Fund for Nature (WWF), EPR refers to the process where companies are made fully responsible for the end-of-life of their packaging and products. EPR has been playing a crucial role in driving the circular economy by encouraging producers to design products that are easy to disassemble, repair, and recycle. The framework has led to a reduction in waste generation and created sustainable waste management technologies and infrastructure.

EPR includes both the organizational and financial responsibility of companies to collect, sort, and recycle their products in a quantity equivalent to or similar to those sold in the market. EPR systems, within different countries, further use the system to incentivize its producers and manufacturers to reduce and prevent waste generation at the design stage.

How EPR Regulations Impact the Import and Export Industry? EPR framework also holds importers and exporters responsible for their products where securing the certificate is a prerequisite to receiving customer clearance. In addition, compliance with EPR norms is a key factor in scaling up and expanding business operations to markets that prioritize products that create no to minimal environmental footprint.

Different Types of EPR Regulations in India

Extended Producer Responsibility (EPR) aims to increase the commitment of various stakeholders including PIBOs (Producers, Importers, and Brand Owners) to create environment-friendly goods. A statutory organization, the Central Pollution Control Board (CPCB), is delegated the responsibility to enforce and oversee the EPR framework in India. Several regulations govern proper waste management of items such as plastic, electronic waste, and others. These regulations are as follows:

• EPR for Plastic Waste: Extended Producer Responsibility for plastic waste is governed through the Plastic Waste Management Amendment Rules 2022. It became operational in July 2022 and categorized plastic into four categories namely rigid plastic packaging, multi-layered plastic packaging, flexible plastic packaging, and carry bags or plastic sheets that are compostable. 
• EPR for Battery Waste: Commenced in August 2022, EPR rules for battery waste apply to manufacturers, refurbishers, manufacturers, and recyclers. The rules mandate these entities who deal with all kinds of batteries register at the EPR portal and fill out Form 1A by submitting the necessary documents. EPR for battery waste does not apply to batteries that are used in space equipment, security instruments, and the military.
• EPR Registration for Electronic Waste: EPR e-waste deals with EEE (electrical and electronic equipment) such as generators, cables, wires, heaters, lightning equipment, refrigerators, televisions, medical devices, robots, semiconductors, etc. As per the E-Waste Management Rules, 2022, every manufacturer, refurbisher, recycler, and manufacturer is required to obtain an EPR certificate and submit quarterly and annual returns on the EPR portal in a timely manner.
• EPR for Waste Tyre Management: The Hazardous and Other Waste Management and Transboundary Movement Amendment Rules 2022 regulate tyres waste in India. It involves only three entities namely recyclers, producers, and retreaders. Retreaders are those individuals who indulge in the process of replacing a tyre’s worn-out tread to make it as good as new tyres. This gives the tyre a new life and reduces the amount of tyre waste being sent to landfills.

Recycling And Collection Mechanism Under EPR Rules

To establish the Extended Producer Responsibility (EPR) system in place, PIBOs, especially producers, must first register with the relevant authorities, either the CPCB (Central Pollution Control Board) or SPCB (State Pollution Control Boards). Moving forward, entities will be required to submit the necessary documents such as the company’s PAN, GST certificate, CIN (Corporate Identification Number), certificate of incorporation, and IEC (Importer Exporter Code) applicable in case of importers.

Upon successful registration and securing of certification, PIBOs are required to comply with certain provisions. Producers are required to manage their products once they reach the end-of-life stage. For this, it can adopt two approaches. Producers can design their own waste management and collection system where customers can return the products once it is no longer useful. The collected waste can then be channeled to authorized recyclers or dismantlers.

Another approach is to delegate the responsibility of collecting and recycling waste to a PRO (Producer Responsibility Organization). These organizations will manage the collection, sorting, storing, recycling, and other crucial steps needed to properly dispose of, and treat products in an environmentally sound manner.

A Practical Approach To EPR Plastic Waste Reporting For FMCG is a multi-dimensional approach and a remarkable move that addresses surging pollution through regulatory compliances. FMCGs are mandated to register and secure EPR certificates and submit an action plan specifying how they intend to manage their waste and how they will meet their EPR targets. In addition, these entities are obliged to file annual returns to the concerned authorities providing details on the quantity of waste collected, disposed of, and treated.

Conclusion

In India, EPR Certificate regulatory framework has played a pivotal role in shifting the responsibility of managing and treating plastic waste, electronic waste, battery waste, and tyre garbage in a sustainable and environmentally sound manner. For this, producers, importers, and brand owners are encouraged to establish their own collection centers, collaborate with recycling facilities, and set up take-back programs.

The enactment and implementation of EPR statutory rules is an endeavor to make producers responsible for the environmental consequences of their products throughout their lifecycle, i.e., during production as well as when consumers are done using them. The strategic approach is crucial to ensure the ethical disposal of waste stemming from commercial operations of PIBOs. Connect with the EPR professionals of Legal Raasta Private Limited to better understand the nuances of EPR certification and compliances that businesses must fulfill to remain legally compliant and avoid any legal and financial repercussions.

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To restrict the trade of waste, several economies introduce import restrictions. For instance, China in 2018 imposed a ban on import of several items including plastic waste. Several of the FMCG companies that produced plastic goods or had plastic packaging, suffered from this restriction. Thus, it became crucial for businesses to commence addressing their polluting strategies and implement eco-friendly design practices through EPR.

Let’s understand the various processes in EPR registration, regulations on Recycling plastic waste under EPR, and obligations, among others.

What are the Steps in the EPR Reporting Process?

Under the EPR, there is no one-size-fits-all approach. The rules specify different requisites for different companies operating either in one or more than one location. For instance, producers, importers, and brand owners (PIBOs) who operate in one or two states or Union Territory are mandated to register with the respective State Pollution Control Boards (SPCBs). However, PIBOs who are conducting their business in more than two states are required to register with the Central Pollution Control Board (CPCB) as well as SPCB.

The Role of EPR in Sustainable Plastic Waste Management incentivises producers to design products with a longer lifespan, fewer raw materials, and easy recyclable features. Further, the reporting guidelines increase transparency and stakeholder trust, demonstrate environmental responsibility, and enhance brand image. The EPR reporting process is as follows:

● Registration: For waste management of plastic produced and packaged by FMCG, the Central Pollution Control Board has developed a centralized online EPR portal where PIBOs can get themselves registered.

● Submission of Action Plan: Upon registration, PIBOs have to submit an elaborated action plan mentioning how they will manage their plastic waste and how they will fulfil their specified EPR targets. It includes information on the procedure of collection, transportation, recycling, and disposal of plastic waste.

● Annual Reporting: PIBOs must file annual returns to the CPCB, providing information on the quantity of plastic waste collected, recycled, and disposed of. These Strategic Approaches to EPR Waste Compliance for Plastic Waste provide comprehensive data on various activities of the company and bring greater transparency by enabling easy verification of the claims put forward.

EPR Reporting: What Documents Are Required for EPR?

The following documents are required to be submitted by the PIBOs and other obliged entities:
● PDF copy of GST, CIN and PAN card with a maximum file size of 5 MB.
● Details of Authorized Person, including their PAN and Aadhar.
● Copy of registration, in case the PIBOs are renewing their licence.
● Pictures of plastic packaging.
● If the unit is registered with DIC (Direct Industries Centre), submit a copy of the DIC registration.
● Consent issued by the Pollution Control Committee (PCC)/ SPCBs, if the unit has a production facility.
● Covering letter.
● Scanned copy of the signature of authorized persons.
● Geo-tagged photographs of raw material storage area, plant machinery, production area, and product dispatch area (applicable in case of plastic waste processors only).

Note: Separate applications need to be filed in case the brand owner is also working as a producer or importer, and vice versa.

What are the Obligations After EPR Registration?

The vast Scope of EPR for Plastic Packaging Waste, e-waste, waste tyres, and used oils brings accountability, traceability, transparency, and improvement in the fulfilment of EPR obligations. Once producers, importers, brand owners, and other designated entities register themselves on the EPR portal of the CPCB, they are mandated to comply with certain regulations. These are as follows:

● Waste Management: All the producers, importers, and brand owners (PIBOs), after getting registered on the centralized online EPR portal of the CPCB, are legally obligated to take measures for proper waste management. This involves the collection of plastic waste, recycling, and disposal to minimize the environmental impact and bring sustainability to the process. Learn more about How FMCG Businesses Can Meet EPR Plastic Waste Obligations?

● Submit an Action Plan: An action plan outlines detailed steps a producer will take to fulfil his/her EPR obligations. It includes information on collection points, partnerships with waste collectors and processors, disposal plans for plastic waste, and other information that demonstrates how producers plan to meet their goals.

● Reporting and Documentation: Entities who have registered on the portal are now required to maintain records of their operations, including the quantity of plastic waste generated and the amount of waste recycled. Moreover, they must submit reports mentioning whether they have met the recycling targets, and include procurement details and sales data. This documentation enables CPCB to monitor their compliance with the EPR Plastic Waste Rules and Penalties: What Every Business Should Know.

● Product Design Considerations: EPR norms motivate producers to design their products while keeping in mind their environmental impacts. This involves designing products that use minimal plastic, keeping the packaging small, using plastic that is easy to process and recycle, and using recycled plastic in manufacturing newer products.

● Financial Responsibility: EPR Plastic Waste Obligations for Manufacturers and Importers involve financial responsibilities. These entities are required to establish a waste collection network and infrastructure that requires substantial investment. Further, such entities also pay fees for waste management programs and to support recycling with the help of PWPs or others.

● Setting Targets: All the EPR registered entities are mandated to comply with the targets set by the regulatory authorities as per their average waste generation and other activities. FMCG Businesses Can Meet EPR Plastic Waste Obligations by fulfilling and diligently reporting their recycling rates, usage of recycled plastic, waste reduction insights, and other requested environmental metrics.

● Environmental Compensation: PIBOs and Plastic Waste Processors (PWPs) who fail to meet the EPR targets face fines, penalties, and other legal obligations. They might be asked to stop their production, get their registration cancelled, etc. The violations give the CPCB authority to impose Environmental Compensation on PIBOs. However, one must note that compensation does not null and void the targets. The obligations get carried forward to the next three years. Thus, even if someone pays the penalties, they are still required to fulfil their specified targets within the limited time frame to avail of the benefit of a compensation refund.

Therefore, The Importance of EPR in Reducing Plastic Waste Pollution is a crucial one, which places a major responsibility on the producers. It encourages them to design their products in such a way that it does not damage the environment. Further, it compels them to comply with EPR targets and bolster innovation in the process.

What is Extended Producer Responsibility Compliance?

The EPR establish a set of guidelines, including provisions on how to Meet EPR Targets and Manage Plastic Waste Effectively. This set of rules holds the producers and importers of plastic responsible for end-of-life management of their product’s waste. The EPR compliance includes the following two activities:

● Fulfilment of EPR Targets: PIBOs can fulfil their EPR targets in two ways. PIBOs can recycle plastic waste equivalent to the target specified for their category with the help of Plastic Waste Processors (PWPs), also known as recyclers. As evidence, these recyclers generate certificates and exchange them with PIBOs for a nominal fee. This way PIBOs do not get directly involved in recycling and still get their targets fulfilled. Another way to meet the EPR target norms is by buying credit points or certificates from any other entity.

● Updation of Procurement and Sales Data: All FMCG business that uses plastic packaging or production must include data on material purchased and sold in the given financial year in their annual filing report. They must provide information on the type of type and quantity of plastic used, and the percentage of recycled content in the product, among others. Based on these figures, targets for next year are calculated, which is a necessary parameter required while filing the annual returns. These statistical requisites in EPR is Shaping the Future of Plastic Waste Management by forcing PIBOs to diligently report their activities and enhance transparency in the process.

Conclusion

The EPR framework has played a pivotal role in sharing the physical, organizational, and financial responsibility for plastic waste management in the FMCG businesses. It has reduced the burden on municipalities and created effective schemes for end-of-life collection, sound treatment of collected products, and accelerated plastic waste reuse and recycling.

The guidelines for Recycling Plastic Waste Under EPR are an endeavour to reduce toxicity in the environment stemming from the products of FMCGs. The strategic approaches have enabled these companies to manage post-consumer waste, promote sustainable practices, reduce the environmental footprint of the product, and empower manufacturers to create a cleaner and ecologically sound future.

Whether you are an FMCG business or any entity involved with plastic production or supply, EPR compliance is a mandatory legal procedure. It is necessary to fulfil EPR recycling obligations while adhering to other rules prescribed under the framework. Thus, partner with us to obtain your EPR certificate seamlessly and remain compliant with applicable rules to avoid any violations. Achieve EPR targets with Legal Raasta to unlock an array of benefits and thrive in this extra competitive business world.

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On average, 32% of packaging waste worldwide ends up in the environment. Countries across the globe often struggle with budget shortfalls for plastic waste management. Thus, to promote a circular economy, it is necessary to bolster investment, ensure proper collection, and manage plastic waste. This can be done by building a recycling and reuse system and implementing policies that drive the economy towards sustainable development.

Let’s understand in detail how FMCGs can increase their compliance with EPR norms and Plastic waste EPR certification benefits and challenges.

What is FMCG as per Extended Producer Responsibility?

FMCG is an acronym for Fast-Moving Consumer Goods that are quickly sellable, cheap, and high-demand products. They are also referred to as consumer packaged goods and include packaged foods, beverages, cosmetics, plastic goods, stationery, etc. FMCG companies often use flexible packaging techniques that are meant to be discarded right after their use. Plastic remains one of the most sought-after materials and thus makes these companies fall under the purview of EPR regulations.

These companies are also liable to Meet EPR Targets and Manage Plastic Waste Effectively. For this, they must adopt more sustainable packaging alternatives or easily recyclable materials, minimize their waste generation, and invest in efficient waste collection and recycling programs.

Key Strategies to Meet EPR Targets for FMCG

The circular economy is an economic model that encourages efficient use of resources by applying three important principles – Reduce, Reuse, and Recycle. As a key component under the EPR framework, it helps reduce the environmental impact of plastic products, promotes the conservation of natural resources, and provides an advantage in the international market. FMCGs can leverage the benefits of these norms and fulfil their targets in the following ways:

● Optimal Usage of Plastic: FMCGs must redesign their packaging to make them easily recyclable, compostable, and reusable. They can cut down the excessive usage of plastic by adopting minimal packaging alternatives, reducing packaging size, opting for reusable plastic cups and bottles, and implementing robust systems to collect used products. By Understanding The Scope Of EPR For Plastic Packaging Waste, FMCGs can further ensure that minimal waste is generated in the production process.

● Adopt Eco-Design: Eco-design refers to the practice of designing that creates less waste, uses fewer resources, and makes the product as environmentally friendly as possible. FMCGs can adopt mono-material packaging which encases the product with a single material, enabling an easy recycling procedure.

● Invest in Infrastructure: Modernising the recycling systems and improving the processing process is important to bring greater efficiency to the process. FMCGs must develop new technologies to reduce the negative impact of their products and packaging.

These Strategic Approaches to EPR Compliance for Plastic Waste can help FMCGs build trust among their consumers by being transparent. In addition, it will also create new economic opportunities by opening global markets that prefer environment-friendly and lower carbon footprint products.

What are the Benefits of EPR Authorization?

The scope of EPR for Plastic Packaging Waste extends beyond just reuse and recycling. EPR is a promising approach for facilitating a circular economy that follows the ‘closing the loop’ system in the plastic packaging value chain. In this system, supplied raw material reaches packaging manufacturers who further ship it to packaging users (PIBOs). PIBOs transfer final goods to shops/distributors, and eventually the customers.

Normally, once the goods reach its end-of-life stage, it is discarded in an unmanaged manner. However, under the EPR Plastic Waste Obligations for Manufacturers and Importers, PIBOs take up the role of establishing a system of plastic waste collection, sorting, recycling, and proper disposal. This brings numerous benefits, such as:

● Implement Producer-Pay Principle: Polluter-pay principle advocates the idea that those who cause pollution should bear the costs of its management to prevent damage to the environment and human health. In EPR, producers become financially responsible for properly managing their plastic waste through effective collection, sorting, and recycling mechanisms.

● Boost Recycling and Material Recovery: The Importance of EPR in Reducing Plastic Waste Pollution is a remarkable one. It lays down guidelines on establishing a ‘collection system’ where producers collect and manage the waste generated by their products at the end of the lifecycle. This helps economies boost their recycling rates and channel the used plastic back into the system.

● Improved Supply Chain Management: EPR has played a pivotal role in motivating producers to inculcate designs that allow easy-to-recycle material and minimize waste at the source itself. From design to disposal, it promotes adopting practices that are more sustainable and limit the environmental footprint.

● Improve Environmental Compliance: Plastic Waste EPR Certification makes PIBOs legally liable to comply with the environmental rules and helps to minimize the generation of plastic waste. It places responsibility for managing waste on manufacturers and encourages them to design more environment-friendly products. The regulations force businesses to consider the entire lifecycle of their plastic products and not just at the point of sale which further enables environmentally conscious decisions.

● Improved Brand Reputation: The consequences for violation of EPR include both reputational damages and legal liabilities. Not only do the businesses end up paying heavy fines and penalties, but it also delivers a message that their business only revolves around profit, revenue, and expenses and is indifferent towards their environmental repercussions. Contrary to this, compliance with these norms demonstrates a commitment to sustainability and enables companies to position themselves as responsible business entities. This also attracts eco-conscious customers and creates a positive public image.

● Better Waste Management: The waste management Role of EPR in Sustainable Plastic Waste Management is discharged through a myriad of services. This includes collection points, partnerships and collaboration with PWPs and waste management companies, etc. All this helps PIBOs to meticulously recycle and dispose of their plastic, especially following environmental laws and EPR. Eventually, it leads to better waste management of the products throughout their lifecycle.

What are the Challenges in Fulfilling EPR Targets?

Fulfilling EPR targets can be a challenging task owing to the several hurdles a business faces in the process. Companies struggle to comply with diverse EPR rules and requirements and often fail to meet their obligations. Some of the common challenges are as follows.

● Lack of Awareness: EPR is a legal obligation encompassing various stakeholders and includes distinct rules and regulations for each one of them. The registration, eligibility, and target criteria also vary from entity to entity. Many of these entities fail to understand the intricate rules and do not fully comprehend the consequences of violation of the targets. This leads to inadequate implementation and planning, leading to adverse implications.

● Cost Burden: Enforcing EPR Plastic Waste Rules and Penalties is a costly affair. It necessitates companies to make investments in technology, employee training, and infrastructure, among others. The norms become quite a challenging procedure for small and medium-sized enterprises (SMEs) who lack resources, forcing them to allocate their business funds to EPR compliance.

● Limited Infrastructure: Another notable challenge in enforcing EPR rules is the lack of adequate infrastructure for recycling and disposal. Companies struggle to find suitable recycling centres or facilities, causing improper disposal of their plastic products and hampering their ability to meet EPR targets. The complex and fragmented supply chain also makes it cumbersome to track their products at its end-of-life phase.

● Complex Regulatory Provisions: The registration and target requirements differ across regions and industries. This makes it quite complex and complicated to comprehend. Businesses that operate in several locations end up struggling with constant changes and variations in rules in respective states. Businessmen, especially the ones with limited understanding of laws, end up violating the norms unintentionally.

● Resistance to Change: One cannot deny that EPR is Shaping the Future of Plastic Waste Management. However, it is also a strategic approach that requires grassroots-level change. Resistance to change impedes FMCGs from adopting recycling practices and educating consumers to facilitate the seamless collection of plastic waste.

Final Thoughts

Among several environmental regulations, one such policy is Extended Producer Responsibility (EPR), rolled out to allow producers to assume responsibility for the end-of-life treatment of their products. Obtaining EPR certification is mandatory for producers, importers, brand owners (PIBOs), and plastic waste processors (PWPs).

The EPR rules are more than just regulatory guidelines, it is an opportunity for stakeholders to drive the economy towards sustainability. Companies who acknowledge and enforce these norms are most likely to stand out from the crowd of competitors, attract environmentally conscious consumers, create a positive brand image, and strengthen their position in the market.

Why choose Legal Raasta? Our team of law experts and professionals assist in registration, evaluation, representation before concerned authorities, and support in annual filings. We will help you review and collect requisite information, documents, and plastic waste quantity details, and help in framing the action plan. Avail the services of Legal Raasta to receive the best services and streamlined Plastic waste EPR certification within a limited time frame.

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Plastic packaging waste EPR includes manufacturers of plastic packaging waste. It also covers importers of various items, such as chemicals, machinery, primary products, textiles, etc., which are not plastic but are packed or wrapped in plastic packaging. The EPR norms also classify plastic under several different categories namely, rigid plastic packaging, flexible plastic packaging, multi-layered packaging, plastic sheet, etc.

Through this comprehensive blog, let’s find out specified entities under the EPF framework, their obligations, the formula for quantifying these obligations, and many more.

Which Entities Are Registered Under EPR?

The Importance Of EPR In Reducing Plastic Waste Pollution involves several obligations and several stakeholders. The guidelines apply to the following entities:

● Producer of Plastic Packaging: A producer is a person engaged in the production or import of plastic sheets, carry bags, or multi-layered packaging. It also includes individuals and industries who use plastic sheets or covers made of plastic sheets or plastic for wrapping a product.

● Importer: It includes those people who import products with plastic packaging, carry bags, plastic sheets, etc.

● Brand Owner: A brand owner is a person or a company that sells any commodity under a trademark or brand label. It includes online platforms, marketplaces, retail chains, and supermarkets, excluding those who are micro and small enterprises.

● Plastic Waste Processors (PWPs): PWPs are the recyclers and entities involved in plastic processing. They convert plastic waste for energy, such as waste to energy, waste to oil, road making, industrial composting, etc.

What are Extended Producer Responsibility Obligations?

EPR obligations or EPR targets establish provisions and Strategic Approaches to EPR Waste Compliance for Plastic Waste. The targets streamline the overall plastic waste management and keep an account of the plastic waste generated, collected, transported, recycled, and disposed of.
As per the EPR rules, PIBO obligation targets are calculated by adding the average weight of virgin plastic material (new plastic, ever used or recycled before) bought and sold in the market in the last two financial years with an average amount of pre-consumer packaging in preceding two years. From this added value, the quantity of plastic material supplied to brand owners is deducted. Thus EPR target as a percentage of the total quantity in metric tonnes is as follows:
● 2021-22: 25%
● 2022-23: 70%
● 2023-24: 100%

Initially, the target set is kept lower to allow PIBOs to focus on strengthening participation with stakeholders. Later on, it is increased to enable higher recycling and reuse of plastic to bring circularity to the system.

The formula for Quantifying EPR Obligations

EPR is Shaping the Future of Plastic Waste Management by specifying mandatory targets on minimum level of recycling of plastic waste, minimum level of reuse and usage of recycled plastic in the fresh production process. Further, the targets set for manufacturer, importer, and brand owner are as follows:

● For Manufacturer:

The formula used for quantifying the EPR target for the Manufacturer is (A+B) – C where:

(i) A is the average weight of category-wise virgin plastic packaging material sold in the last two years.

(ii) B is the average quantity of pre-consumer plastic in the previous two financial years.

(iii) C is the quantity supplied to brand owners excluding micro and small enterprises in the last financial year.

● For Importer:

To quantify the EPR target for importers, the same (A+B) – C formula is followed where:

(i) A is the average weight of category-wise virgin plastic packaging material imported and sold in the last two years.

(ii) B is the average quantity of pre-consumer plastic in the previous two financial years.

(iii) C is the quantity supplied to brand owners excluding micro and small enterprises in the last financial year.

● For Brand Owners:

The EPR target gauging formula is slightly different. It is (A+B) where:

(i) A is the average plastic packaging material sold in the last two years;

(ii) B is the Pre-consumer plastic waste in the preceding two years.

Post Registration Obligations of PIBOs

Understanding The Scope of EPR for Plastic Packaging Waste is vast, benefiting each stakeholder in the ecosystem. Once PIBOs register on the centralized EPR portal of the Central Pollution and Control Board (CPCB), they are required to carry out certain tasks. These are divided into the following categories:

● Recording Procurement and Sales Transaction: The manufacturers and importers are required to provide information on raw material procurement and sales transactions of the current financial year. Brand Owners are required to provide only the procurement information on plastic packaging.

● Transfer of EPR Certificates and Wallet: As per the rules, PIBOs can procure certificates from plastic waste processors (PWPs). PWPs, also known as recyclers, process plastic waste and issue certificates against the amount of plastic waste processed. PIBOs can use these certificates to meet their Plastic Packaging Waste EPR obligations. The exchange of these certificates between PWPs and PIBOs is done in module three of the EPR portal. PIBOs can also generate certificates if they provide their plastic waste for road construction through a self-declaration. Generation and transfer of certificates are carried out in the wallet of the CPCB portal.

● Certificate Generation: Different types of certificates are exchanged and created for the fulfilment of EPR targets. Certification can be generated through a self-declaration for road making and also to show the use of recycled plastic applicable to producers and brand owners. Brand owners can also generate certification on Reuse of rigid plastic.

● Annual Submissions: Entities under the plastic waste management EPR framework have to provide information on their category-wise annual plastic consumption, annual plastic waste generation, and annual report.

● Credit Exchange and Consolidated Report: Often questions arise on How to Meet EPR Targets and Manage Plastic Waste Effectively as meeting the EPR obligations could be a cumbersome process. To facilitate greater compliance with these norms, the government introduced a credit exchange mechanism. Under this, EPR certificates available in the wallet are used for offsetting the unfulfilled EPR targets. It also enables PIBOs to convert their reuse category certificates into recycle and end-of-life certificates.

What Needs to Be Filed in the Annual Report?

The EPR Plastic Waste Rules lays down provisions for filing annual reports for the given financial year. However, if PIBOs fail to do so, the CPCB can levy Environmental Compensation (EC) on these entities. The report must mention the following information:

● Overview of Sales: PIBOs are required to mention raw material or plastic packaging procurement, sales made, quantity of plastic reused, etc.

● Compliance Status: As per the EPR Plastic Waste Rules and Penalties What Every Business Should Know, this section includes information and compliance with EPR targets, EPR certificates achieved, and EC that might be levied. PIBOs can procure additional certificates from PWPs to reduce their portion of EC and fill the shortfall gaps.

● Next Year Targets: On the basis of sales and procurement of plastic packaging of the PIBOs during the given financial year, EPR targets category-wise are required to be generated for the next financial year.

● Confirmation of Annual Report and Processing Fees Payment: Once the PIBOs submit their annual report after the EPR target fulfilment, they have to make payment in the form of annual processing fees. This fee is around 25% of the application fees for both PIBOs and PWPs.

What is Post-Consumer Plastic Waste under EPR?

Pre-consumer plastic packaging waste refers to plastic waste that gets discarded or rejected at the stage of manufacturing. It also includes the plastic waste generated while packaging the final product and all the plastic waste that arises before reaching the consumer.

Contrary to this, post-consumer plastic waste is the generated waste after the intended use of the product is completed. It is the plastic content left with the consumer once they are done using the product and it is no longer a use for them.

As per the provisions, PIBOs are required to create a waste collection mechanism, minimize their plastic waste during production, and promote reuse and recycling in the process. The Role of EPR in Sustainable Plastic Waste Management encompasses both pre and post-consumer plastic waste, which spans from the sourcing of raw materials to final product entering into the market.

Conclusion

Producers, Importers, and Brand Owners under the EPR framework are required to obtain EPR registration and prepare an action plan. Further, they are mandated to fulfil obligations regarding recycling, use of recycled content, reuse, and end-of-life disposal. They are also required to maintain records and file annual returns at the CPCB portal. One cannot carry out business without obtaining EPR registration. In case these entities fail to meet the stipulated targets, Environmental Compensation is levied where targets remain active and get carried forward next year.

Allow LegalRaasta to assist you in fulfilling all the regulations and obligations related to Plastic packaging waste EPR. Our dedicated team of experts and professionals have helped over 15,000+ businesses and organizations, including helping them to meet their recycling targets. Unlock the benefits of EPR in getting an extra edge in the international market and ensure the discharge of legal and other environmental obligations. Leverage our years of expertise to meet your EPR targets now!

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Plastic is a non-biodegradable element which means it takes decades to break down. This plastic ends up accumulating in waterways, oceans, and landfills and harms wildlife, the natural ecosystem, and its inhabitants. It potentially enters the food chain in the form of tiny microplastics and poses potential risks to human health. Further, it contributes to greenhouse gas emissions and exacerbates the situation of climate change.

Extended Producer Responsibility is institutionalized to mitigate these risks and create an effective system for plastic waste management. Let’s take a brief look at the Plastic waste EPR certificate process, how it helps in waste management, the role of stakeholders, and instruments that enable smoother implementation of the framework.

EPR Certification Process: Step-By-Step Guide

The role of EPR in Sustainable Plastic Waste Management extends beyond just delegating the responsibility of waste management to producers from the government but also incentivizes producers to design their products that minimize their environmental footprint. Every producer, importer, and brand owner is mandated to acquire Extended Producer Responsibility (EPR) authorization from the centralised EPR portal of the Central Pollution Control Board. The procedure for registration is as follows:
● Register on the CPCB’s centralized online EPR portal.
● Prepare all the requested documents.
● Select the appropriate category – whether you are a producer, importer, brand owner, or plastic waste processor.
● Provide an action plan for implementation of EPR for Plastic Waste Management.
● Pay the application fees.
● Wait for verification of the submitted documents and information.
● If the certificate is approved, EPR authorization is granted within a few days.
● If the CPCB rejects the application, the applicant receives one month to rectify or provide additional information before final rejection.

How Does EPR Help in Effective Plastic Waste Management?

Upon completion of the Plastic Waste EPR Certificate Process, Producers, Importers, and Brand Owners (PIBOs) have to submit all the requested documents, ensure that they are adhering to every waste management protocol, and periodically report their waste management activities through annual report submissions. Thus, EPR lays down clear guidelines for plastic waste segregation, collection, transportation, recycling, and disposal. It enables effective management of plastic waste in the following ways:
● Promote Circular Economy: Circular economy is a strategic model of production and consumption that encourages reuse, repair, and recycling of products. It serves as a crucial instrument in tackling global crises like climate change, pollution, and biodiversity loss. The circular economy in EPR motivates manufacturers to redesign their products and use fewer raw materials. It keeps plastic for longer in the loop of production and improves resource productivity.
● Boost Recycling:  The Importance Of EPR In Reducing Plastic Waste Pollution can be highlighted by the growing innovation in the realm of plastic waste disposal and treatment. EPR has boosted the growth of recycling infrastructure. PIBOs are actively collaborating with recyclers, local collection agencies, and waste management firms which has led to advancement in recycling technologies and establishment of material recovery facilities. 
● Empower Informal Sector: The informal sector in developing nations, especially India, constitutes a significant portion of the workforce. The government has actively attempted to integrate this economy to spearhead plastic waste management with full force. Thus, EPR policies motivate the integration of rag pickers, waste pickers, and small-scale recyclers into the formal system. 
● Foster Growth and Innovation: EPR has been a catalyst in promoting innovation and technology-backed system usage in plastic waste management. Digital platforms and tools are being used to track and collect plastic waste, meet recycling targets, and monitor the actions of the PIBOs under the EPR framework. These tools are helping to increase transparency within the system and enhance efficiency in meeting other regulatory requirements.

Role of Stakeholder in Extended Producer Responsibility

Engaging with stakeholders in the EPR ecosystem, after the Plastic waste EPR certificate process completion, is extremely important. It facilitates collaboration among local communities, government agencies, NGOs, and waste management agencies to come together and enable smooth implementation of EPR. The following stakeholders are available in the EPR landscape and play these respective roles:
● National Government: The sovereign authority is responsible for setting the legislative and policy framework and EPR Plastic Waste Rules and Penalties: What Every Business Should Know. It defines the concerned producers and products and specifies the responsibilities of these producers. For instance, they must adhere to targets like minimum quantity of take-back, collection and recycling targets, etc. The central government also provide accreditation and ensures that it is being enforced properly. It also takes steps to combat illegal imports of plastic.
● Local Municipalities: Such entities are typically responsible for the collection of plastic waste from businesses and households. It also provides key information on several aspects of EPR to the public.
● PIBOs (Producers, Importers, Brand Owners): PIBOs are the ones who are expected to meet the targets set by the government. They enter into a liaison with other stakeholders and set up a waste collection network, and recycling system, and implement a take-back system of waste packaging.
● Waste Management Companies: These companies enter into contracts with Producer Responsibility Organizations (PROs), local municipalities, or individual producers to facilitate the collection and management of plastic waste. In return, they receive funds for handling the waste.
● Informal Sector: Entities involved in this sector are rag pickers, small-scale recyclers, scrap dealers, waste pickers, etc. The government has been trying to integrate this sector into the formal EPR landscape, to allow them to contribute to the effective collection and recycling of plastic waste.
● Consumers or Households: The only responsibility of consumers is to return the plastic products once it reaches it end of useful life or stage where it is going to be discarded. They return it through the infrastructure provided to them.

What are the Instruments in EPR Worldwide?

As per the Organization for Economic Co-operation and Development (OECD), there are four major types of EPR instruments, which provide a deep insight into Understanding the Scope of EPR for Plastic Packaging Waste. These instruments are designed to shift the responsibility of product end-of-life management to manufacturers and producers from the government and consumers. Producers can obtain EPR authorization after going through a Plastic waste EPR certificate process and can use any of below mentioned instruments to increase the chances of compliance with the norms:
● Take-Back Program: Take-back program in EPR refers to a system where producers ‘take back’ or collect their plastic products from consumers at the end of their life cycle or when it is no longer in use. These enable producers to increase their recycling rates and meet EPR targets under the respective framework. It is done in the following manner:
1. Producers ought to set up a plastic waste collection system by partnering with producer responsibility organizations (PROs), or any other plastic waste collection units.
2. Producers can also opt for a voluntary take-back program.
3. Incentives can be used to encourage consumers to return plastic products to distributors or at designated collection points.

● Market-Based Instruments: These instruments use financial incentives to increase the saturation of the EPR program. Such incentives are also categorized into the following categories:

1. Advanced Disposal Fees (ADF): These fees are collected at the time of purchase by the consumers. The fee amount is determined by how much costs would be incurred in the plastic waste collection and treatment. Thus, ADF is a technique where the amount used for disposal is added to the cost of a product, enabling smoother implementation of recycling programs. This Strategic Approaches to EPR Waste Compliance for Plastic Waste play a pivotal role in motivating promoters to use recycled plastic to keep the product’s prices in check.

2. Deposit Refund: It makes consumers liable to pay a deposit while buying the product which is later refunded when they deposit the product to a retailer at a designated location or to producers.

3. Material Tax: Plastic manufacturers who use virgin, hazardous materials, or difficult-to-recycle plastic are made liable to pay material tax. This encourages them to use less harmful and easily recyclable raw materials.

● Information-Based Instruments: Such instruments increase public awareness about the EPR programs and indirectly increase their implementation. This may include labelling products to show the environmental attributes, notifying recyclers about the used materials, and communicating with consumers about waste separation and EPR responsibilities.

● Performance Standard and Regulations: Some nations may opt for this mechanism which requires them to achieve a minimum percentage of recycled plastic in their products. This will increase the implementation of take-back initiatives, product re-design, and recycling and disposal of end-of-life plastic products.

Understand How to Meet EPR Targets and Manage Plastic Waste Effectively, because compliance is what will help you avoid entering into any legal and financial troubles. Avail the benefits of our services that are the one-stop solution to all the EPR requirements.

Final Thoughts

EPR has enabled governments to solve a multitude of issues where EPR rules and penalties have been a catalyst in the gradual transition to a circular economy. Achievements of EPR for proper plastic waste disposal are evident through the expansion of collection mechanisms and the rise in the production of more resource-efficient plastic products.

Receive complete support in EPR registration with Legal Rasta company offering full-fledged assistance in documentation, formalities, and other legal requirements. Book a free consultation and understand the complex Plastic waste EPR certificate process with the help of our team of dedicated professionals. Leverage our years of experience in seamlessly obtaining your certification with guaranteed delivery of licence within a limited time frame. Connect with us via call or raise an enquiry on our official website to get all your queries solved.

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Plastic remains a major driver of ecosystem degradation and biodiversity loss and a crucial element in accelerating the climate crisis. Microplastics are reportedly being found in human blood, foods, and beverages. Carcinogenic chemicals found in certain plastic products are increasingly seeping into the soil, giving rise to food insecurity and water pollution.

To tackle all these issues, the government institutionalized the Extended Producer Responsibility Plastic Waste framework. The major objective was to decrease plastic pollution in the ecosystem by encouraging plastic producers to take responsibility for their products throughout their life cycles.

Let’s understand in detail how EPR plays a pivotal role in addressing the negative effects of plastic on the environment.

Key Aspects of Extended Producer Responsibility

Extended Producer Responsibility (EPR) is a strategic concept that legally binds various stakeholders to create environment-friendly products. This approach aims to combat plastic pollution by encouraging positive changes in each phase of production, commencing from the sourcing of raw materials to entry into the market.

Extended Producer Responsibility plastic waste guidelines involve:

● Management of Post-Consumer Plastic Waste: EPR assigns the responsibility of effective management of plastic waste from the government to PIBOs (Producers, Importers, and Brand Owners). These PIBOs are legally obligated to manage plastic waste when it is no more of use and about to be discarded by the consumers. For this, they set up a comprehensive collection centre or tie-up with plastic waste processing agencies. Further, EPR rules also mandate producers to recycle and reuse their products.
● EPR Compliance: Compliance with EPR norms demonstrates the ethical waste management efforts of the producers. Upon registration at CPCB’s centralized EPR portal, producers are expected to establish a waste collection system, disposal techniques, and recycling facilities. To avoid violation, entities must meet their recycling goals and annually submit their reports and certificates.
● Brand Owners: Brand owners include supermarkets, retail chains, online platforms, marketplaces, etc. They can be a company or an individual engaged in the selling and purchase of products under a trademark or brand name. These entities are not the actual producers of the products but source a product and sell under their own distinct brand name. BOs are also mandated to follow EPR Waste Compliance For Plastic Waste, including EPR targets.

Note: Micro and small companies under brand owners are exempted from EPR obligation fulfilment.

What are the Types of Extended Producer Responsibility?

India has implemented several types of EPR framework, including Extended Producer Responsibility plastic waste, where each targets a specific waste material. These are as follows:

● EPR for E-Waste: Extended Producer Responsibility for electronic waste addresses producers, importers, and brand owners that deal with EEE (Electrical and electronic equipment). EEE includes washing machines, mobile phones, computers, refrigerators, etc.
● EPR for Battery Waste Management: This EPR applies to manufacturers, importers, refurbishers, and recyclers of all types of batteries except those used in military, security instruments, and space equipment. Waste batteries include end-of-life batteries, their components or spares, batteries that are past their appropriate usage date, and those that have been discarded by the users.
● EPR for Tyre Waste Management: The framework applies to producers and importers of various types of tyres, including truck and car tyres. Compliance with these norms commences with registration on the CPCB (Central Pollution Control Board) portal. This EPR emphasizes on responsible management of tyre waste through collection, transportation, treatment, recycling, and scrapping to be performed in accordance with environmental standards.
● Extended Producer Responsibility Plastic Waste: It covers producers, importers, brand owners (PIBOs) and plastic waste processors (PWPs). Plastic packaging materials under the norm include plastic bags, bottles, wrappers, etc. It obligates these entities to create responsible and environmentally sound plastic waste management mechanisms, involving recycling, reuse, and safe disposal practices. Thus, it becomes important to Meet EPR Targets and Manage Plastic Waste Effectively.

The following laws govern the different types of EPR:

● E-Waste management rules.
● Plastic waste management rules.
● Hazardous and other wastes (management and transboundary movement) amendment rules.
● Battery waste management rules.

How does EPR Mitigate Environmental Risks?

Extended Producer Responsibility plastic waste, e-waste, tyre waste, and battery waste framework helps nations protect their environment by reducing pollution, preventing resource depletion, and curbing waste pollution, among others. The Role of EPR in Sustainable Plastic Waste Management is extremely important for the following reasons:
● Reuse and Recycling: According to an OECD report, South Korea witnessed a 70% hike in recycling rates due to EPR implementation. The EPR norms motivate PIBOs to establish collection centres and take-back mechanisms for their products. This led to a rise in reuse and recycling, enabling the economy to smoothly transition to a circular one.
● Waste Reduction: In the European Union, the EPR framework has led to a 50% reduction in plastic waste going to landfills. EPR supports the end-of-life collection of plastic products and thus ensures its environmentally sound treatment. This leads to the creation of minimal waste as virgin plastic is avoided and processed plastic is used back into the system.
● Use of Recycled Material: EPR sets forward rules for attaining minimum levels of plastic that need to be recycled in the given year. For instance, the government set a minimum level of recycling at 30-50% of EPR for the year 2024-25. The usage of recycled plastic as a raw material for other products diverts the waste from landfills and oceans to processing units and creates fewer new plastics.
● Save Energy Use: By encouraging producers to implement eco-friendly products, EPR For Plastic Packaging Waste ensures that minimal plastic is extracted, helping businesses save energy consumption. This will limit resource depletion and help the nation channel these resources into other productive areas.
● Reduce Emissions: A large amount of fossil fuels like petroleum, coal, and natural gas is extracted, transported, and then refined into plastic. The entire process causes substantial greenhouse gas emissions, which are being fuelled further by the growing demand for plastic products. In this scenario, EPR minimize emissions by reducing the requirement of new material and promoting recycling.
● Reduce Incineration: Plastic incineration, which is the burning of plastic, creates a negative impact on human health and the environment. It releases toxic pollutants like furans, dioxins, and other harmful chemicals. EPR aims to eliminate this by promoting effective recycling and collection programs.

Extended Producer Responsibility in the Indian Context

Extended Producer Responsibility Plastic Waste framework is an approach aiming to make producers financially responsible for the entire life cycle of their products. This way it applies the ‘polluter-pay’ principle where those who pollute should pay for its managing costs.

India’s journey towards EPR implementation has been adaptive and gradual. It has spurred innovation and entrepreneurship in the field of waste collection, recycling, and disposal. The introduction of penalties has further strengthened the strategic approach which still has some space for improvement in the areas of monitoring and enforcement.

In India, EPR primarily focuses on addressing plastic waste and e-waste which are two major polluters and waste generators in the economy. The key purpose of EPR in India is to reduce the social and environmental impact of this waste which is estimated at million tonnes every year.

Further, EPR in India wishes to integrate the informal sector as a legitimate stakeholder in the EPR ecosystem. EPR Plastic Waste Rules promotes issuing certificates or permits to collectors, waste pickers, traders, and recyclers in the informal economy. For this, the authorities are trying to enhance capacity-building programs like skill development and training programs. The whole idea is to facilitate market linkage, reduce environmental impacts, promote sustainability, and foster a more equitable and inclusive waste management system.

Conclusion

By encouraging manufacturers and producers to adopt environmentally friendly practices and assume responsibility for the impact created by their products, EPR pave the way to a cleaner and ecologically sound planet and future. Implementation of Extended Producer Responsibility plastic waste marks a pivotal shift from a linear to a circular economy. The multifaceted approach encourages the development of eco-friendly goods and aims to integrate management costs into the pricing of the product.

Strategic Approaches to EPR Compliance for Plastic Waste have instilled a sense of responsibility and accountability among PIBOs and established a market mechanism where EPR certificates are seamlessly traded and transferred. The Scope of EPR for Plastic Packaging Waste is vast where various stakeholders connect and form an effective waste management network.

Receive end-to-end advisory support and obtain your EPR certificate for plastic waste, E-waste, and others. Our dedicated team is here to offer thorough guidance and assistance for all the legalities required to register for EPR. Get to know all about EPR Plastic Waste Rules and Penalties and receive your authorization in a hassle-free and swift manner, all this done at affordable prices at Legal Raasta Private Limited. Our pan India network of experts and professionals will assist you throughout the process, help fulfil all the legal obligations of EPR, and provide both pre-registration and post-registration services at a minimal cost.

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