Follow Us :

Explore an in-depth analysis of the Plastic Waste Management Rules, 2016, notified by the Ministry of Environment. Understand the obligations, responsibilities, and targets for producers, importers, and brand owners (PIBOs) related to extended producer responsibility. Learn about registration, action plans, and annual returns. Connect for expert insights.

The Ministry of Environment, Forest and Climate Change (MoEFCC), (hereinafter referred to as The Ministry) notified the Plastic Waste Management Rules, 2016 on 18th March, 2016. The Ministry also notified the Solid Waste Management Rules, 2016 on 8th April, 2016. As plastic waste is part of solid waste, therefore, both rules shall apply to managing plastic waste in the country.

The Plastic Waste Management Rules, 2016, mandate the generators of plastic waste to take steps to

  • minimize generation of plastic waste,
  • not to litter the plastic waste,
  • ensure segregated storage of waste at source and
  • hand over segregated waste in accordance with rules.

Following entities shall be covered under the Extended Producer Responsibility obligations:

  • Producer (P) of plastic packaging;
  • Importer (I) of all imported plastic packaging and / or plastic packaging of imported products;
  • Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of Ministry of Micro, Small and Medium Enterprises, Government of India.;
  • Plastic Waste Processors

Coverage of Extended Producer Responsibility:

The following plastic packaging categories are covered under Extended Producer Responsibility:

(i) Category I

Rigid plastic packaging;

(ii) Category II

Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic),

plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches;

(iii) Category III

Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic);

(iv) Category IV

Plastic sheet or like used for packaging as well as carry bags made of compostable plastics.

Responsibilities of Producer, Importers, Brand Owner (PIBO):

PIBO are responsible to:

1. Register at EPR Portal:

    • The entities shall have to get registered on the portal developed by Central Pollution Control Board.
    • In case any entity falls in more than one sub-category, then the entity shall register under each of those sub-categories separately.
    • Where the entity has units in different states, then these units shall also be registered separately

2. Submit their Action plan

3. Fulfill obligations for:

    • Recycling
    • Use of Recycled content
    • Reuse
    • End of life disposal
    • Optional engagement in collection and recovery of the plastics

4. Submit annual returns and Provide proof of certificates (Plastic credits)

Targets for EPR and obligations of PIBOs:

  Producer Importer Brand Owner (BO)
Target The following is the formula to calculate the target for the Producer to be fulfilled under EPR:

Eligible Quantity in MT (Q 1) shall be the average weight of plastic packaging material (category-wise) sold in the last two financial years (A) plus average quantity of pre-consumer plastic packaging waste in the last two financial years (B) minus the annual quantity (C) supplied to the entities covered under sub-clause 4 (iii) in the previous financial year as under: –

Q 1 (in MT) = (A + B) – C

Extended Producer Responsibility target for FY 2023-24 is 100% of Q1. 

The following is the formula to calculate the target for the Importer to be fulfilled under EPR:

Eligible Quantity in MT (Q 2) shall be the average weight of all plastic packaging material and / or plastic packaging of imported products (category-wise) imported and sold in the last two financial years (A) plus average quantity of pre-consumer plastic packaging in the last two financial years (B) waste minus the annual quantity (C) supplied to the entities covered under sub-clause 4 (iii) in the previous financial years as under: –

Q 2 (in MT) = (A + B) – C

Extended Producer Responsibility target for FY 2023-24 is 100% of Q1. 

The following is the formula to calculate the target for the Brand Owner to be fulfilled under EPR:

Eligible Quantity in MT (Q 3) shall be the average weight of virgin plastic packaging material (category-wise) purchased and introduced in market in the last two financial years (A) plus average quantity of (B) of pre-consumer plastic packaging in the last two financial years as under: –

Q 3 (in MT) = A + B

Extended Producer Responsibility target for FY 2023-24 is 100% of Q1. 

Obligation

 

The Producer has the obligation to either:

  • Recycle
  • End of life disposal

The target for each year for minimum level of recycling is prescribed year wise and category wise.

In addition to the above obligation, the Producer shall ensure use of recycled plastic in plastic packaging category-wise in accordance with the category and year wise schedule. 

The Producer has the obligation to either:

  • Recycle
  • End of life disposal

The target for each year for minimum level of recycling is prescribed year wise and category wise.

In addition to the above obligation, the Producer shall ensure use of recycled plastic in plastic packaging category-wise in accordance with the category and year wise schedule. 

The Producer has the obligation to either:

  • Reuse (One for Category 1) Plastics
  • Recycle
  • End of life disposal

The target for each year for minimum level of recycling is prescribed year wise and category wise.

In addition to the above obligation, the Producer shall ensure use of recycled plastic in plastic packaging category-wise in accordance with the category and year wise schedule. 

PIBOs can work with PROs (Producer Responsibility Organization) or other agencies separately to meet their target, but reporting and responsibility for meeting those obligation is entirely of PIBO.

PIBOs are required to ensure that plastic waste is processed through Plastic Waste Processors (PWPs) in accordance with an action plan in order to meet assigned EPR targets. They shall obtain a PWP certificate based on the amount of plastic waste processed by PWPs and use these certificates to meet their EPR targets. If any PIBO fails to comply with PWM rules, environmental compensation will be imposed, as well as disciplinary action.

Author Bio


My Published Posts

Amnesty scheme for default by Advance & EPCG authorization holders E-waste Management Rules, 2022 from 1st April 2023 View More Published Posts

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Search Post by Date
April 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
2930