Introduction: The Ministry of Environment, Forest and Climate Change has proposed the Draft End-of-Life Vehicles (Management) Rules, 2024, exercising powers under the Environment (Protection) Act, 1986. These rules aim to establish regulations for Extended Producer Responsibility (EPR) concerning End-of-Life Vehicles (ELVs). The draft notification outlines the guidelines for managing ELVs in an environmentally sound manner, involving producers, consumers, and various entities within the automotive industry.
Detailed Analysis: The draft rules cover a comprehensive framework, defining responsibilities for producers, registered owners, bulk consumers, collection centers, automated testing stations, and registered vehicle scrapping facilities. Notable aspects include the obligation of producers to fulfill EPR for introduced vehicles, recycling targets, and the establishment of registered vehicle scrapping facilities with environmentally sound management practices.
Producers are required to register with the Central Pollution Control Board (CPCB), meet recycling targets, and purchase Extended Producer Responsibility certificates. Registered owners and bulk consumers must ensure proper management and timely deposition of ELVs, emphasizing adherence to environmental norms.
The rules also specify the responsibilities of automated testing stations, collection centers, and registered vehicle scrapping facilities, ensuring the depollution, dismantling, and recycling/refurbishing of ELVs. The generation and purchase of Extended Producer Responsibility certificates play a pivotal role in meeting obligations and promoting environmentally sound practices.
Conclusion: The Draft End-of-Life Vehicles (Management) Rules, 2024, introduce a structured approach towards the management of ELVs, emphasizing Extended Producer Responsibility. By delineating responsibilities for key stakeholders, including producers, owners, and scrapping facilities, the rules aim to promote sustainable and environmentally friendly practices within the automotive sector.
****
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 30th January, 2024
S.O. 367(E).—The following draft notification, which the Central Government proposes to issue, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), for bringing out regulations for Extended Producer Responsibility (EPR) for End-of-Life Vehicles, is hereby published as required under sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, for information of the public and other stakeholders likely to be affected thereby and notice is hereby given that the said notification will be taken into consideration by the Central Government on or after the expiry of sixty days from the date on which copies of this notification as published in the Gazette of India are made available to the public;
Any person interested in making any objection or suggestion on the proposals contained in the draft notification may do so in writing within the period so specified through post to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, Aliganj, New Delhi – 110003 or electronically at email address: sohsmd-mef@gov.in.
Now, therefore, in exercise of the powers conferred by sub-section (1), clause (v) and clause (vii) of subsection (2) of section 3, sub-section (1), clause (c) and clause (d) of sub-section (2) of section 6, section 8, clause (b) of sub-section 2 of section 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules, namely:-
Short title and commencement. – (1) These rules may be called the Draft End-of-Life Vehicles (Management) Rules, 2024.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Application. – (1) These rules shall apply to, –(i) Producer, consumer, entities involved testing of vehicles, handling, processing and recycling of End-of life Vehicles, but shall not apply to:
a. waste batteries as covered under the Battery Waste Management Rules, 2022;
b. packaging plastics as covered under the Plastic Waste Management Rules, 2016;
c. waste tyres as covered under Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022;
d. used oil as covered under the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023.
e. E-waste as covered under E-Waste (Management) Rules, 2022.
(ii) all types of vehicles as per clause (28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988).
3. Definitions. – (1) In these rules, unless the context otherwise requires, –
(a) “Act” means the Environment (Protection) Act, 1986 (29 of 1986);
(b) “Automated Testing Station” means any automated testing facility, as defined in the Central Motor Vehicles (Twenty first Amendment) Rules, 2021and amendments thereafter;
(c) “Central Pollution Control Board” means the Central Pollution Control Board as constituted under sub-section (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974);
(d) “Certificate of Deposit” means the certificate issued by the Registered Vehicle Scrapping Facility as defined under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 20221 and amendments thereafter;
(e) “Collection Centre” means a facility or an area that may be used for the sole purpose of collecting and storing the End of Life Vehicles as defined under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 20221 and amendments thereafter;
(f) “consumer” means end user of vehicle;
(g) “bulk consumer” means consumer having ownership of more than 100 vehicles;
(h) “disposal” means any operation which does not lead to reuse, recovery, recycling/refurbishing and inter-alia include physico-chemical and/or biological treatment and/or deposition in secured landfill;
(i) “environmentally sound management” means management of End-of-Life Vehicle in a manner to protect human health and environment against any adverse effects, which may result from any substance contained in the End-of-Life Vehicle;
(j) “End-of-Life Vehicle” means a vehicle,-
(i) which is no longer validly registered; or
(ii) which has been declared unfit by Automated Testing Station after undergoing test or re-test as specified under the provisions of the Central Motor Vehicles (Twenty first Amendment) Rules, 2021 or Central Motor Vehicles (Eight Amendment) Rules, 2022; or
(iii) of which registration has been cancelled under Chapter IV of the Central Motor Vehicles Act, 1988 (59 of 1988); or
(iv) declared as End-of-Life due to an order of a Court of Law; or
(v) which is self-declared by the legitimate registered owner as a waste vehicle due to any circumstances that may arise from fire, damage, natural disaster, riots or accidents, or otherwise.
(k) “Extended Producer Responsibility” means responsibility of any Producer of vehicles for environmentally sound management of End-of-Life Vehicle;
(l) “Extended Producer Responsibility registration” means registration by Central Pollution Control Board of a producer for Extended Producer Responsibility;
(m) “Extended Producer Responsibility certificate” means a certificate issued by Central Pollution Control Board for Registered Vehicle Scrapping Facility that may be purchased by producer to meet the Extended Producer Responsibility target;
(n) “facility” means any location wherein the process incidental to the collection, storage, segregation, recycling/ refurbishing, disposal of End-of-Life Vehicles is carried out;
(o) “form” means Forms appended to these rules;
(p) “hazardous waste” means hazardous waste as defined under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
(q) “manufacturer” means a person or an entity or a company as defined in the Companies Act, 2013com (18 of 2013) or a factory as in the Factories Act, 1948 (63 of 1948) which has facilities for manufacturing of vehicles;
(r) “producer” means an entity who engages in domestic market for:
(i) manufacture/assembly and sale of vehicles under its own brand; or
(ii) sale of vehicles under its own brand produced by other manufacturers or suppliers; or
(iii) import of vehicles;
(iv) manufacture/assembly and sale of vehicles to producer defined in 3 (r) (ii), not under its own brand.
(s) “registered owner” means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which is the subject of a hire-purchase, agreement, or an agreement of lease or an agreement of hypothecation, the person in possession of the vehicle under that agreement;
(t) “recycler” means entity engaged in recycling of materials of End-of-Life Vehicles;
(u) “refurbisher” means entity engaged in refurbishing of materials of End-of-Life Vehicles;
(v) “Registered Vehicle Scrapping Facility” as defined under Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021 and amendments thereafter;
(w) “Schedule” means Schedule appended to these rules;
(x) “State Pollution Control Board” means the State Pollution Control Board constituted under Section 4 of Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and includes in relation to Union territory, the Pollution Control Committee;
(y) “storage” means storage of End-of-Life Vehicles;
(z) “treatment” means any activity after the end of life vehicle has been handed over for depollution, dismantling, shearing, shredding, recovery or preparation for disposal of the shredder wastes, and any other operation carried out for the recovery/recycling or disposal of the end of life vehicle and its components;
(za) “vehicle” means a motor vehicle or vehicle, –
(a) as defined in clause (28) of section 2 of the Motor Vehicles Act, 1988 (59 of 1988); and
(b) electric vehicles or battery operated vehicles including e-rikshaw and e-carts.
(2) Words and expressions not defined in these rules will have the same meaning as defined in the Environment (Protection) Act, 1986.
4. Responsibilities of producer – (1) It shall be the responsibility of the producer to,-
(i) fulfil the obligation of Extended Producer Responsibility for the vehicles that they introduce in the domestic market including vehicles put to self-use to ensure the recycling targets as specified in Schedule I;
(ii) meet the recycling targets of End-of-Life Vehicles as mentioned in Schedule I for vehicles made available in the market;
(iii) in case, the Producer is manufacturing or assembling vehicles and not placing it in the market in its own brand name, such Producer shall register themselves as the Producer of vehicle to the extent of meeting the Extended Producer Responsibility obligations for environmentally sound management of direct pre- consumer waste generated during manufacturing/assembly which is not already covered under other waste management policies.
(iv) take necessary measures to encourage End-of-Life Vehicles are deposited at the Registered Vehicle Scrapping Facility or designated Collection Centres;
(v) fulfil the Extended Producer Responsibility either through purchase of Extended Producer Responsibility certificate generated by its own Registered Vehicle Scrapping Facility or by any entity having Registered Vehicle Scrapping Facility;
(vi) deploy any schemes such as buy back scheme, deposit refund scheme or any other, and designate any other entity to fulfil the obligation of Extended Producer Responsibility;
(vii) obtain one-time registration as a producer from Central Pollution Control Board in Form 1(A). The certificate of registration shall be issued in Form 1(B);
(viii) furnish annual returns in Form 1(C) to CPCB by 30th June for the previous financial year in respect of the information regarding number, type and weight of steel used in vehicles placed in the market including vehicles put to self-use in previous financial year;
(ix) furnish annual returns by 30th June in respect of fulfilment of Extended Producer Responsibility obligations during the previous financial year, as per the form prescribed by Central Pollution Control Board;
(xi) declare their Extended Producer Responsibility obligations for the current year by 30th April of the same year as per the form prescribed by Central Pollution Control Board;
(xii) inform the Central Pollution Control Board of any changes to the information contained in the Extended Producer Responsibility Registration and of any permanent cessation as regards to the making available on the market of the vehicles referred to in the Extended Producer Responsibility Registration;
(xiii) bring to the notice of the Central Pollution Control Board or State Pollution Control Board of violations of these rules by any entity involved in handling and management of End-of-Life Vehicles;
(2) take measures to comply with the provisions of AIS-219, as notified by the Government of India, under Centre Motor Vehicles Rules, 1989.
(3) Producer shall not deal with any other entity not having registration mandated under these rules or under the EP Act.
5. In order to meet the obligations of Extended Producer Responsibility, the producer may engage itself or authorize any other entity. However, the obligations of meeting the Extended Producer Responsibility targets shall remain with the producer.
6. Responsibilities of registered owner – (1) It shall be the responsibility of the registered owner to ensure that End-of-Life Vehicles are managed in an environmentally sound manner and deposited at the Registered Vehicle Scrapping Facility or the designated Collection Centre.
(2) Registered owner shall not hold the vehicle for more than six months and shall produce Certificate of Deposit after its declaration as End-of-Life Vehicle as per the prevailing rules.
6. Responsibilities of bulk consumer- (1) It shall be the responsibility of the bulk consumer to,-
(i) get registered on the portal;
(ii) ensure that End-of-Life Vehicles are managed in an environmentally sound manner and deposited at the Registered Vehicle Scrapping Facility or the designated Collection Centre; and
(iii) file annual returns about the vehicle fleet as well as the End-of-Life Vehicles deposited at Registered Vehicle Scrapping Facility.
(2) Bulk consumer shall not hold the vehicle for more than six months and shall produce Certificate of Deposit after its declaration as End-of-Life Vehicle as per the prevailing rules.
7. Responsibilities of Collection Centre- (1) Collection Centre shall collect and store End-of-Life Vehicles and send them for further processing to Registered Vehicle Scrapping Facility.
(2) Collection Centre shall handle the End-of-Life Vehicles in an environmentally sound manner.
8. Responsibilities of Automated Testing Station. – (1) Automated Testing Station shall conduct vehicle fitness testing through automated vehicle testing equipment in accordance with provisions of Central Motor Vehicles (Twenty First Amendment) Rules, 2021.
(2) Automated Testing Station shall declare a vehicle as End-of-Life Vehicle if it fails the automated fitness test in accordance with provisions of Central Motor Vehicles (Twenty First Amendment) Rules, 2021.
(3) Automated Testing Station shall maintain the record of number of vehicles tested and link the data to the centralised online portal by Central Pollution Control Board.
9. Responsibilities of Registered Vehicle Scrapping Facility.– Registered Vehicle Scrapping Facility shall.-
(1) have environmentally sound management facility for;-
(i) treatment (de-pollution, collection of liquids, gases, catalyst, mercury containing parts, batteries and hazardous waste);
(ii) dismantling (segregation and separation of various types of wastes);
(iii) safe storage of various categories of wastes in separate bins;
(iv) recycling/refurbishing of materials (plastic, metals, tyres, batteries and e-waste) on its own or through authorized recyclers/refurbishers.
(2)function in accordance with the guidelines prescribed by the Central Pollution Control Board;
(3) make an application in Form 2(A) to obtain one-time registration from the concerned State Pollution Control Board. The certificate of registration shall be issued in Form 2(B);
(4) receive unfit vehicles or end-of-life vehicles for carrying out treatment, depolluting, dismantling, segregation and recycling/refurbishing activities.
(5) send all the recovered and segregated materials from End-of-life Vehicles to registered recyclers/refurbishers, co-processors for recycling and reuse of components or materials, in case of not having recycling/refurbishing facility,
(6) send all non-recyclable/ non-refurbishable materials and non-recoverable hazardous materials to Common Hazardous Waste Treatment, Storage and Disposal Facility;
(7) hand over the hazardous and non-recyclable/ non-refurbishable materials to Common Hazardous Waste Treatment, Storage and Disposal Facility;
(8) generate Extended Producer Responsibility certificates upon processing of End-of-life vehicles based on the quantity of steel from the End-of-Life Vehicles and upload the data on online portal for verification by Central Pollution Control Board or its authorised agency;
(9) maintain records of receipt of End-of-Vehicles, weight of various types of waste materials generated and handed over to authorized recyclers/refurbishes or treatment facilities and disposal facilities;
(10) file quarterly returns to State Pollution Control Board in Form 3 on weight of End-of-Life Vehicles received and weight of materials (category-wise) recycled/refurbished or sent for recycling/refurbishing, processing, and Common Hazardous Waste Treatment, Storage and Disposal Facilities by 30th of the next month of the previous quarter, and keep a record.
10. Extended Producer Responsibility Certificate Generation. – (1) The Central Pollution Control Board shall verify and authenticate the Extended Producer Responsibility certificates through the online portal generated in favour of the Registered Vehicle Scrapping Facility.
(2) Extended Producer Certificate shall be generated on basis of the weight of steel recovered from the End-of-Life vehicles processed at the Registered Vehicle Scrapping Facility or other steel scrap materials processed at Registered Vehicle Scrapping Facility in accordance with the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021.
(3) Extended Producer Responsibility certificates generated by Registered Vehicle Scrapping Facility can be purchased by Producers through the centralised online portal to meet the EPR obligations.
(4) The following formula shall be used to estimate the Extended Producer Responsibility certificates for Registered Vehicle Scrapping Facility:
Extended Producer Responsibility certificates (in kg) = Weight of the steel scrap generated (in kg) at RVSF
Provided that the Extended Producer Responsibility certificate shall be generated subject to the accounting of recycling/refurbishing of all other End-of-Life Vehicles materials and environmentally sound disposal of non-recoverable/non-recyclable/non-refurbishable hazardous materials out of the total weight of the End-of-Life Vehicle.
(5) A Producer can purchase Extended Producer Responsibility certificates limited to its Extended Producer Responsibility liability of current year plus any leftover liability of preceding years plus twenty percent of the current year liability.
(6) Extended Producer Responsibility certificates purchased by the Producer will be automatically adjusted against their liability.
i. Priority in adjustment will be given to earlier liability.
ii. Extended Producer Responsibility certificates used by producer to meet Extended Producer Responsibility obligations shall not be exchanged again.
iii. Extended Producer Responsibility certificates purchased by the producer are not transferrable to any other producer.
(7) All such transactions shall be recorded and submitted by the Registered Vehicle Scrapping Facilities on the online portal at the time of filing quarterly returns.
(8) Extended Producer Responsibility certificates generated by Registered Vehicle Scrapping Facilities shall be valid for a period of fifteen years for meeting the obligations of producer.
11. Responsibilities of Central Pollution Control Board. – (1) Central Pollution Control Board shall register the producer (one-time) through the centralized online portal in Form within two weeks from the submission of a completed application.
(2) Central Pollution Control Board may determine the fee for processing of applications for registration as well as returns.
(3) Central Pollution Control Board shall develop and maintain the centralized online Extended Producer Responsibility portal and develop the mechanism for exchange of Extended Producer Responsibility certificates on the centralized online portal.
(4) Central Pollution Control Board shall generate Extended Producer Responsibility certificates in favour of Registered Vehicle Scrapping Facility based on the quantity of steel recovered.
(5) Central Pollution Control Board shall suspend and/or cancel the registration, and/or impose Environmental Compensation, in case of non-compliance of Extended Producer Responsibility obligations as per Schedule I after giving reasonable opportunity of being heard.
(6) Central Pollution Control Board shall ensure that registration is done unless otherwise suspended and/or cancelled under these rules and deemed to be issued if not objected within two weeks.
(8) Central Pollution Control Board or through a designated agency shall verify compliance by the producer through inspection and periodic audit.
(9) The actions against violations and for non-fulfilment of obligations under these rules including Extended Producer Responsibility obligations shall be as per rule 13. In case of entity operating with a State or Union Territory, Central Pollution Control Board may, if required, direct State Pollution Control Board to take action.
(10) Central Pollution Control Board shall carry out audit of data, including using information from Goods and Services Tax Network portal, by itself or a designated agency of Registered Vehicle Scrapping Facility under these rules.
(11) Central Pollution Control Board shall suspend and/or cancel the registration of producer, and/or impose Environmental Compensation in case of violation of these rules by the registered entity.
(12) Appeal made against the orders of Central Pollution Control Board regarding suspension or cancellation of registration of producer lies with the Ministry of Environment, Forest and Climate Change and will be disposed off within forty-five days after the submission of the appeal.
(13) The Joint Secretary or the officer equivalent in the Ministry of Environment, Forest and Climate Change shall be designated as an Appellate Authority. The appeal shall be made by the appellant to the designated Appellate Authority in writing and accompanied with a copy of the order appealed against within thirty days from the date of passing of the order.
(14) Central Pollution Control Board shall dispose off an appeal made by the Registered Vehicle Scrapping Facility against the order of State Pollution Control Board regarding suspension and /or cancellation of registration within thirty days of the receipt of appeal.
(15) The Member Secretary in the Central Pollution Control Board would be designated as an Appellate Authority. The appeal shall be made by the appellant to the designated Appellate Authority in writing and accompanied with a copy of the order appealed against within thirty days from the date of passing of the order.
(16) Central Pollution Control Board shall issue guidelines for environmentally sound management for handling, processing and recycling/ refurbishing of materials of End-of-Life Vehicles.
(17) Central Pollution Control Board shall prepare guidelines for imposition and collection of Environmental Compensation from producers and Registered Vehicle Scrapping Facility in case of non-fulfilment of obligations under these rules.
(18) Central Pollution Control Board shall compile and publish the data received every year from the State Pollution Control Boards.
(19) Central Pollution Control Board shall publish the list of producers who have failed to meet Extended Producer Responsibility targets and obligations on an annual basis.
(20) Central Pollution Control Board shall share the Extended Producer Responsibility targets and annual returns of producers.
(21) Central Pollution Control Board shall prescribe the format for declaration of Extended Producer Responsibility obligations by the producer.
(22) Central Pollution Control Board shall prescribe the format for furnishing annual returns in respect of meeting of Extended Producer Responsibility obligations by the producer.
(23) Central Pollution Control Board shall modify forms within these rules as required and prescribe forms where it is not prescribed.
(24) Central Pollution Control Board will establish a mechanism to ensure a regular dialogue between stakeholders in the fulfilment of obligations under these rules.
(25) Central Government shall constitute an Implementation Committee as per rule 15 for the effective implementation of these rules and make recommendations for making it robust. The Committee shall meet, at least, once in six months to submit its report and recommendations to Ministry of Environment, Forest and Climate Change.
(26) Central Pollution Control Board shall publish annual reports.
(27) One or more trading platform for sale and purchase of Extended Producer Responsibility certificates may be established through agency accredited and in accordance with the guidelines issued by the Central Pollution Control Board with the approval of the Central Government.
(28) The operation and regulation of electronic platform (s), so established under sub-rule 27 for trade of Extended Producer Responsibility certificates between obligated entities, shall be as per guidelines notified by the Central Government based on the recommendations of Central Pollution Control Board for the purpose.
(29) Central Pollution Control Board shall fix the highest and lowest price for Extended Producer Responsibility certificate every six month or as required, keeping in view the cost for collection and environmentally sound management of End-of-Life Vehicle and the environmental compensation regime in force.
12. Responsibilities of State Government / State Pollution Control Board. – (1) State Pollution Control Board shall carry out one-time registration of the Registered Vehicle Scrapping Facility online in the centralized portal.
(2) In case the information provided by Registered Vehicle Scrapping Facility is found to be false, the State Pollution Control Board shall suspend and/or cancel the registration up to a period of five years, after giving reasonable opportunity of being heard including actions under rule 13.
(3) State Pollution Control Board shall compile and forward the quarterly reports submitted by Registered Vehicle Scrapping Facility to Central Pollution Control Board and publish those online.
(4) State Pollution Control Board will ensure a regular dialogue between relevant stakeholders involved in the fulfilment of obligations under these rules.
(5) State Pollution Control Board shall submit annual report to Central Pollution Control Board by 30th June every year, regarding effective implementation of these rules.
(6) State Pollution Control Board or through a designated agency shall verify compliance by Registered Vehicle Scrapping Facility through inspection and periodic audit, and suspend and/or cancel the registration of Registered Vehicle Scrapping Facility, and/or impose Environmental Compensation in case of violation of these rules.
(7) State Government shall ensure that adequate number of Registered Vehicle Scrapping Facilities and Automated Testing Stations are established in the respective States in an even manner. Ministry of Road Transport and Highways may issue guidelines in this regard.
(8) Drive awareness campaigns & incentivization of customers to encourage safe deposition of End-of-Life Vehicles at the Registered Vehicle Scrapping Facility or the designated Collection Centre.
13. Action on violations and imposition of Environmental Compensation. – (1) Environmental Compensation shall be levied for non-compliance of provisions of these rules, viz:
i. for not meeting prescribed EPR targets;
ii. for carrying out activities without registration as mandated under these rules;
iii. for providing false information / wilful concealment of material facts by the entities registered under these rules;
iv. for submission of forged/manipulated documents by the entities registered under these rules;
v. for not following environmentally sound handling/management of End-of-Life Vehicles in case of Registered Vehicle Scrapping Facility or other entities.
(2) These activities, may also be dealt with under the provisions of section 15 of the Environment (Protection) Act, 1986, in case of evasion or violation either by entity itself or help abet any obligated entity evade or violate obligations, after giving an opportunity of being heard.
(3) Environmental Compensation shall be levied by Central Pollution Control Board on producer operating with respect to non-fulfilment of their Extended Producer Responsibility targets, responsibilities and obligations set out in these rules.
(4) Environmental Compensation shall be levied by respective State Pollution Control Board on Registered Vehicle Scrapping Facility operating in their jurisdiction, with respect to non-fulfillment of their responsibilities and obligations set out under these rules. In case, the State Pollution Control Board does not take action in sixty days, the Central Pollution Control Board shall issue directions to the State Pollution Control Board.
(5) Payment of Environmental Compensation shall not absolve producer of Extended Producer Responsibility obligation set out under these rules.
(i) the unfulfilled Extended Producer Responsibility obligation for a particular year will be carried forward to the next year for a period of three years.
(ii) in case the shortfall of Extended Producer Responsibility obligation is addressed within subsequent years within three years, the Environmental Compensation levied shall be returned to the producer as given below, –
A. Within one year of levying of Environmental Compensation: 75 percent return;
B. Within two years: 60 percent return;
C. Within three years: 40 percent return.
(6) After completion of three years after Environmental Compensation getting due, the entire Environmental Compensation amount shall be forfeited, this arrangement shall allow for recycling/refurbishment of materials of End-of-Life Vehicles by the concerned entities in later years as well.
(7) The funds collected under Environmental Compensation shall be kept in a separate account by Central Pollution Control Board or State Pollution Control Board.
(i) the funds collected shall be utilised in collection and recycling of uncollected End-of-Life Vehicles against which the Environmental Compensation is imposed.
(ii) modalities for utilisation of the funds for End-of-Life Vehicles management would be finalised by the Committee for Implementation.
(8) Non-fulfilment of obligations set out under these guidelines will attract penal actions under the provisions of Section 15 of the Environment (Protection) Act, 1986.
14. Centralised Online Portal. – (1) Central Pollution Control Board shall establish a centralised online portal for the registration and filing returns by producers, and for registration of Registered Vehicle Scrapping Facility and filling returns in respect of End- of-Life Vehicles as well as for all obligations of all entities, within six months of commencement of these rules.
(2) The system shall ensure a mechanism wherein the material balance of the receipt of the End-of-Life Vehicles and the various types of waste materials generated by Registered Vehicle Scrapping Facility is reflected.
(3) The portal will facilitate producers and RVSFs to exchange Extended Producer Responsibility certificates for fulfilment of Extended Producer Responsibility obligations of producers.
(4) The State Pollution Control Board shall use the centralized online for registration of Registered Vehicle Scrapping Facility and filing of returns by RVSFs.
(6) The centralised online portal would act as the single point data repository with respect to orders and guidelines related to implementation of these rules.
(7) Producer may facilitate the development of online portal.
15. Implementation Committee. – (1) A Committee shall be constituted by the Central Government under chairpersonship of Chairman, Central Pollution Control Board to recommend measures to Ministry of Environment, Forest and Climate Change for effective implementation of these rules.
(2) The Committee shall monitor the implementation of these rules.
(3) The Committee shall take measures for removal of difficulties & recommend proposals for amendments, if any, for effective implementation of these rules.
(4) The Committee shall also be tasked with the guiding and supervision of the development and operation of the online portal.
(5) Any modifications in the forms attached to these rules may be undertaken by the Committee.
(6) The Committee shall comprise of representatives from Ministry of Road Transport and Highways, Ministry of Steel, Bureau of Indian Standards, Organisations such as ARAI, State Pollution Control Boards, National Environmental Engineering Research Institute and stakeholders such as associations representing producers, recyclers, and any other stakeholder as invited by the chair of the Committee.
SCHEDULE I
[see rule 4 (1)(i)]
Targets for Extended Producer Responsibility. – (i) In case of a new producer introducing vehicle in the market in the subsequent years after the publication of these rules, the Extended Producer Responsibility targets shall be applicable for different categories of vehicle, based on the average life of the vehicle mentioned in the Tables below for the respective categories of vehicle.
(ii) The Extended Producer Responsibility targets comprise of recycling targets of the respective years as mentioned in the Tables below.
(iii) The recycling of End-of-Life Vehicles means recycling of steel from End-of-Life Vehicles.
(iv) Extended Producer Responsibility targets for batteries will be as under Battery Waste Management Rules, 2022.
(v) Extended Producer Responsibility for tyres will be as under the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022.
(vi) Extended Producer Responsibility for used oil will be as under the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023.
(vii) Extended Producer Responsibility targets for the producer shall be specific to the category of vehicle (private vehicle and commercial vehicle).
(viii) Producer shall meet their Extended Producer Responsibility obligations through the Extended Producer Responsibility certificates made available by Registered Vehicle Scrapping Facilities through centralized portal. In case of non-availability of Extended Producer Responsibility certificates with Registered Vehicle Scrapping Facilities, the producer shall have the responsibility of collection as well.
(ix) For private vehicles:
|
Compliance Cycle |
EPR target year (Xth year) | EPR target in Xth year | Annual EPR target from (X+1)th year (2nd year) to (X+14)th year (15th year) |
| 2025-26 till 2039-40 (15 years) |
2025-26 | Min 10% of the steel used in vehicles placed in market in 2005- 06 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2005-06 (X-20)th year |
| 2026-27 | Min 10% of the steel used in vehicles placed in market in 2006- 07 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2006-07 (X-20)th year | |
| 2027-28 | Min 10% of the steel used in vehicles placed in market in 2007- 08 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2007-08 (X-20)th year | |
| 2028-29 | Min 10% of the steel used in vehicles placed in market in 2008- 09 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2008-09 (X-20)th year | |
| 2029-30 | Min 10% of the steel used in vehicles placed in market in 2009- 10 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2009-10 (X-20)th year | |
| 2030-31 | Min 20% of the steel used in vehicles placed in market in 2010-
11 (X-20)th year |
Min 3% of the steel used in vehicles
placed in market in 2010-11 (X-20)th year |
|
| 2031-32 | Min 20% of the steel used in vehicles placed in market in 2011- 12 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2011-12 (X-20)th year | |
| 2032-33 | Min 20% of the steel used in vehicles placed in market in 2012-13 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2012-13 (X-20)th year | |
| 2033-34 | Min 20% of the steel used in vehicles placed in market in 2013-14 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2013-14 (X-20)th year | |
| 2034-35 | Min 20% of the steel used in vehicles placed in market in 2014- 15 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2014-15 (X-20)th year | |
| 2035-36 | Min 30% of the steel used in vehicles placed in market in 2015- 16 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2015-16 (X-20)th year | |
| 2036-37 | Min 30% of the steel used in vehicles placed in market in 2016-17 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2016-17 (X-20)th year | |
| 2037-38 | Min 30% of the steel used in vehicles placed in market in 2017-18 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2017-18 (X-20)th year | |
| 2038-39 | Min 30% of the steel used in vehicles placed in market in 2018-19 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2018-19 (X-20)th year | |
| 2039-40 | Min 30% of the steel used in vehicles placed in market in 2019-20 (X-20)th year | Min 3% of the steel used in vehicles placed in market in 2019-20 (X-20)th year | |
| 2040-41 till 2054-55 and onwards |
2040-41 and onwards | Min 30% of the steel used in vehicles placed in market in 2020-21 (X-20)th year, and onwards | Min 3% of the steel used in vehicles placed in market in 2020-21 (X-20)th year |
(x) For commercial vehicles:
|
Compliance |
EPR target year (Xth year) | EPR target in Xth year | Annual EPR target from (X+1)th year (2nd year) to (X+14)th year (15th year) |
| 2025-26 till 2039-40 (15 years) |
2025-26 | Min 10% of the steel used in vehicles placed in market in 2013- 14 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2013-14 (X-12)th year |
| 2026-27 | Min 10% of the steel used in vehicles placed in market in 2014-15 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2014-15 (X-12)th year | |
| 2027-28 | Min 10% of the steel used in vehicles placed in market in 2015-16 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2015-16 (X-12)th year | |
| 2028-29 | Min 10% of the steel used in vehicles placed in market in 2016-17 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2016-17 (X-12)th year | |
| 2029-30 | Min 10% of the steel used in vehicles placed in market in 2017-18 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2017-18 (X-12)th year | |
| 2030-31 | Min 20% of the steel used in vehicles placed in market in 2018-19 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2018-19 (X-12)th year | |
| 2031-32 | Min 20% of the steel used in vehicles placed in market in 2019-20 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2019-20 (X-12)th year | |
| 2032-33 | Min 20% of the steel used in vehicles placed in market in 2020-21 (X-12)th year | Min of 3% of the vehicles of the steel
used in vehicles placed in market in |
|
| 2033-34 | Min 20% of the steel used in vehicles placed in market in 2021-22 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2021-22 (X-12)th year | |
| 2034-35 | Min 20% of the steel used in vehicles placed in market in 2022-23 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2022-23 (X-12)th year | |
| 2035-36 | Min 30% of the steel used in vehicles placed in market in 2023-24 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2023-24 (X-12)th year | |
| 2036-37 | Min 30% of the steel used in vehicles placed in market in 2024-25 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2024-25 (X-12)th year | |
| 2037-38 | Min 30% of the steel used in vehicles placed in market in 2025-26 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2025-26 (X-12)th year | |
| 2038-39 | Min 30% of the steel used in vehicles placed in market in 2026-27 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2026-27 (X-12)th year | |
| 2039-40 | Min 30% of the steel used in vehicles placed in market in 2027-28 (X-12)th year | Min of 3% of the steel used in vehicles placed in market in 2027-28 (X-12)th year | |
| 2040-41 till 2054-55 and onwards |
2040-41 and onwards | Min 30% of the steel used in vehicles placed in market in 2028-29 (X-12)th year, and onwards | Min of 3% of the steel used in vehicles placed in market in 2028-29 (X-12)th year |
Form 1(A)
[see rule 4(1)(vii)]
[Application to be submitted for grant of one-time registration as a producer]
| 1 | Name of producer | |
| 2 | Registered address of producer, website address and contact details | |
| 3 | Name of the authorised person(s) and full address with e-mail, landline telephone number and mobile number | |
| 4 | GST No. | |
| 5 | TIN No. |
General Terms and Conditions:
i. The registered entity shall comply with provisions of the Environment (Protection) Act 1986 and the rules made there under;
Place:
Date:
Signature of the authorised person
Form 1 (B)
[see rule 4(1)(vii)]
[Format for grant of one-time registration to producer by Central Pollution Control Board]
Ref.: Your application number for registration
Date: Registration No.:
M/s——————————- is hereby granted one-time registration as producer of End-of-Life Vehicles in line with provisions under End-of-Life Vehicles (Management) Rules, 2023. Any violation of the provision(s) of the End-of- Life Vehicles (Management) Rules, 2024 will attract the penal provision of the Environment (Protection) Act, 1986 (29 of 1986).
(Member Secretary)
Central Pollution Control Board
Date: Place:
Form 1(C)
[see rule 4(1)(viii)]
[Format for filing annual returns to CPCB by the producer]
| 1 | Name of producer | |
| 2 | Registered address of producer, website address and contact details | |
| 3 | Name of the authorised person(s) and full address with e-mail, landline telephone number and mobile number | |
| 4 | GST No. | |
| 5 | TIN No. |
Type(s) of vehicles placed in the market with brand name(s) along with the quantities in numbers and weight as per the Table given below:
| SI No. |
Type | Brand name | No. of vehicles | Weight of steel in the vehicles |
| 1 | 2W (Private) |
|||
| 2 | 3W (Private) |
|||
| 3 | 4W (Private) |
|||
| 4 | 2W
(Commercial) |
|||
| 5 | 3W (Commercial) | |||
| 6 | 4W (Commercial) |
Date:
Place:
Signature of the authorised person:
Form 2(A)
[see rule 9(3)]
[Application to be submitted by Registered Vehicle Scrapping Facility for grant of one-time registration]
| Name of the Registered Vehicle Scrapping Facility | ||
| Registered address and website address | ||
| Phone No. (landline and mobile) | ||
| Email ID | ||
| Authorised person(s) name | ||
| Authorised person(s) email ID | ||
| Authorised person(s) mobile number | ||
| GST Number | ||
| Consent Validity | a. Under Air Act, 1981, valid up to——-
b. Under Water Act, 1974, valid up to — |
|
| Under Water Act, 1974, valid up to —— Validity of authorisation under rule 6 of the Hazardous Wastes (Management and Handling) Rules, 2016 | Valid up to————- | |
| Validity of certification of registration with District Industries Centre | Valid up to————— | |
| Details of the categories of waste recycled/refurbished in the unit/sent to registered entities for reuse, recycling and refurbishing | ||
| Capacity of the Registered Vehicle Scrapping Facility in no. of vehicles | a. Installed
b. Operating (details of last three years) |
Place:
Date:
Signature of the authorised person
Form 2(B)
[see rule 9(3)]
[Format for grant of one-time registration to Registered Vehicle Scrapping Facility by State Pollution Control Boards]
Ref.: Your application number for registration
Date: Registration No.:
M/s—————————- is hereby granted one-time registration for Registered Vehicle Scrapping Facility of End-of-Life Vehicles in line with provisions under End- of-Life Vehicles (Management) Rules, 2024. Any violation of the provision(s) of the End-of-Life Vehicles (Management) Rules, 2024 will attract the penal provision of the Environment (Protection) Act, 1986 (29 of 1986).
(Member Secretary)
State Pollution Control Board
Date:
Place:
Form (3)
[see rule 9(10)]
[Annual returns to be submitted by Registered Vehicle Scrapping Facility of the following financial year]
1. Name of Registered Vehicle Scrapping Facility:
2. Registered address of Registered Vehicle Scrapping Facility, website address and contact details:
3. Name of the authorised person(s) and full address with e-mail, landline telephone number and mobile number:
4. Details of numbers of vehicles received and scrapped during the financial year of which the return is being filed:
| SI No. | Type | No. of end-of-life vehicles received | No. of end-of-life vehicles scrapped | Total weight of the vehicles scrapped | Total weight of steel scrap generated |
| 1 | 2W (Private) |
||||
| 2 | 2W
(Commercial) |
||||
| 3 | 3W (Private) |
||||
| 4 | 3W
(Commercial) |
||||
| 5 | 4W (Private) |
||||
| 6 | 4W
(Commercial) |
5. Details and number of Extended Producer Responsibility certificates generated:
6. Details of the recovered and recyclable/refurbishable materials sent to the registered recycler/refurbisher the financial year of which the return is being filed:
| SI No. | Particulars | Quantity | Name(s) of registered recycler(s)/refurbisher(s) |
| 1 | Recovered waste tyres sent to the registered recyclers/ refurbishers | ||
| 2 | Recovered e-waste sent to the registered recyclers/ refurbishers | ||
| 3 | Recovered battery waste sent to the registered recyclers/ refurbishers | ||
| 4 | Recovered plastic waste sent to the registered recyclers/ refurbishers | ||
| 5 | Recovered used oil sent to the registered recyclers/ refurbishers | ||
| 6 | Other recovered materials |
7. Details of the hazardous and non-recyclable/non-refurbishable materials sent to Common Hazardous Waste Treatment, Storage and Disposal Facility during the financial year of which the return is being filed:
| Particulars | Details with quantity |
Name(s) of registered Common Hazardous Waste Treatment, Storage and Disposal Facility |
| Recovered hazardous materials |
Place:
Date:
Signature of the authorised person
[F. No. 23/55/2021-HSM]
NARESH PAL GANGWAR, Addl. Secy.
