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EPR for Plastic Producer, Importer and Brand Owner (PIBO) - Overview

Plastic products are slowly becoming an indispensable part of daily life. Eventually, it will be produced on a huge scale worldwide. As a result, India produces approximately 3.4 million tonnes of plastic waste annually. Thus, plastic recycling and disposal are also becoming a significant issue. Although establishing a plastic recycling plant set up in India is helping to reuse plastic but finding an effective solution is the need of the hour. To guarantee plastic packaging waste processing, the (Extended Producers Responsibility) EPR Authorisation is introduced in the Plastic Waste Management (PWM) Rules, 2016. As per the rules and amendments, producers, importers, and brand owners (PIBOs) are responsible for guaranteeing that the plastic waste is processed via reuse, recycling or end-of-life disposal. Here's how to fulfil the EPR obligations as a PIBO.

PWM Rules, 2016 and the amendments made

Plastic Waste Management Rules, 2016, apply to everyone who generates plastic waste, including PIBO, the actual users of plastic scrap, local bodies, etc.

The PWM Rules, 2016 mandate plastic waste generators to -

• guarantee segregated waste storage at the source and hand over it as per the rules
• not to litter the plastic waste
• follow measures to reduce plastic waste generation.

The rules also outline the responsibilities of gram panchayats, local bodies, waste generators, street vendors and retailers for effective plastic waste management. Also, the rules cast EPR on PIBO. Moreover, EPR applies to both pre and post-consumers of plastic packaging waste. These guidelines offer a framework for implementing the EPR for plastic packaging. Besides the roles and responsibilities, the rules also mention definitions. Upcoming sections describe everything in detail.

Definitions

A producer is a person involved in importing or manufacturing carry bags/plastic sheets/multi-layered packaging or like, and involves individuals or industries using covers made of plastic sheets or multi-layered packaging for wrapping or packaging the commodity or plastic sheets or like.

A brand owner is a company or person who sells any commodity under a registered brand label.

An importer is a person who intends to import or import and owns an Importer-Exporter Code (IEC) unless otherwise expressly excluded.

Extended producer responsibility implies a producer's responsibility for the environmentally sound management of the product until its end of life.

Conditions imposed for effective PWM

The importer stocking, distribution, manufacture, sale and usage of carry bags or covers made of plastic sheet or plastic sheets or like and multi-layered packaging upon meeting the following conditions, namely:-

(a) products or carry bags made of recycled plastic waste may be used for dispensing, carrying, storing, or packaging ready-to-drink and eat stuff subject to the notification of proper regulation and standards as per the Food Safety & Standards Act, 2006 by the FSSAI;

(b) plastic packaging and carry bags must either be in the natural colour, which is without any added pigments or made using only those colourants and pigments which adhere to the Indian Standard: IS 9833:1981;

(c) plastic sheet or like, which is not an intrinsic part of multi-layered packaging and cover made of plastic sheet used for wrapping the commodity, packaging must not be less than fifty microns in thickness except where the thickness of such plastic sheets damage the product’s functionality;

(d) sachets using plastic material must not be used for packing, selling or storing tobacco, gutkha and pan masala;

(e) carry bag produced of recycled or virgin plastic mustn't be less than fifty microns in thickness;

(f) plastic waste recycling must conform to the Indian Standard: IS 14534:1998 given under the Recycling of Plastics Guidelines, as amended from time to time;

(g) The thickness provision must not be applicable to carry bags produced from compostable plastic. Such bags must conform to the Indian Standard: IS 17088:2008, titled Specifications for Compostable Plastics, as amended occasionally.

(h) The seller or manufacturers of compostable plastic carry bags must obtain CPCB NOC before selling or marketing; and

(i) plastic material, in any form, including Vinyl Chloride Copolymer, Vinyl Acetate, and Maleic Acid, must not be used in any packaging of pan masala, gutkha and tobacco in all forms.

Responsibility of PIBOs

(1) Primary responsibility for collecting used multi-layered plastic pouches, sachets, or packaging is of PIBOs who introduce the products in the market. PIBOs must establish a system for collecting the plastic waste produced because of their products. This collection plan is to be submitted to the SPCB while applying for CTE or CTO or Renewal. The Brand Owners who renewed their consent before the notification of these rules must submit such a plan within three sixty days from the date of notification of PWM rules and implement with two years after that.

(2) Under EPR, for producers, within six months from the day of announcement of the rules, they must work out modalities for a waste collection system based on Extended Producers Responsibility. This must involve the State Urban Development Departments, collectively or personally, via their distribution channel or the concerned local body.

(3) The use and manufacture of multi-layered plastic that is non-energy or non-recyclable, recoverable or with no alternate use of plastic must be eliminated within two years.

(4) No producer must, after and on the expiry of six months from the day of final publication of Plastic Waste Management Rules, use or manufacture any multi-layered or plastic packaging for packing commodities without PCC/SPCB registration.

(5) The producer, within three months, must apply to the PCC or Pollution Control Board (PCB), as the case may be, of the related UTs/states administration, for a grant of EPR Authorisation.

(6) The registration issued under PWM rules must be changed only at the request of PIBOs, under the existing EPR registration. The registration is valid for one year unless suspended, revoked or cancelled and must be granted for three years.

Registration of producers

To oblige for EPR for producers, no entity must manufacture carry bags or recycle multi-layered packaging or plastic bags unless the entity has obtained an SPCB NOC or PCC, as the case may be, before starting the production.

for obtaining registration or renewal, every producer must apply to the concerned PCC in Form I.

The producer intending to set up a plastic waste recycling plant in India must furnish the following details and documents -

• Consents Validity (CTE and CTO)
• Authorisation
• A flow diagram of the manufacturing process flow diagram for each product.
• Products and installed capacity of production (MTA)
• A flow diagram of the manufacturing process
• Waste generation in processing plastic-waste
• Incorporation certificate
• A copy of the Company's CIN, PAN and GST
• A copy of the Authorised person's Aadhar and PAN cards
• Waste collection and transportation
• MOA
• IEC
• Waste disposal details
• Registration required for manufacturing of:
• (i) Carry bags
•     (a) petro-based
•     (b) compostable
• (ii) Multi-layered plastics
• Details of manufacturing capacity
• GST registration
• Details of plastic waste proposed to be acquired through sale, auction, contract or import, as the case may be, for usage as raw material
• Occupational safety and health aspects
• Pollution Control Measures
• DGFT licence  

(4) The PCC or SPCB must not renew or issue registration to plastic waste recycling plants or processing units unless it possesses valid consent, I.e., CTO and CTE under the Air (P & C of Pollution) Act and the Water (P & C of Pollution) Act and a certificate of registration issued by the DIC or District Industries Centre or any other authorised government agency.

(5) On receiving the complete application, the SPCB, after such necessary inquiry and on being satisfied that the applicant has enough industrial or converted land, technical capabilities, appropriate facilities and equipment to handle plastic waste securely, grants registration on fulfilment of the conditions under terms of registration.

(6) Every PCC or SPCB must decide on the grant of registration or EPR for brand owners within ninety days of receiving the complete application.

(5) the producer must apply to the CPCB for authorisation in Form 1 and get EPR - Authorisation for an importer in Form 1(aa).

(6) filing annual returns in Form-3 to the CPCB on or prior to the 30th day of June.

(7) The Registration granted as per the PWM Rules is initially valid for one year unless cancelled, suspended, or revoked and subsequently be granted for three years.

(8) PCC or SPCB does not suspend, revoke or cancel the registration without giving a chance of a hearing to the person involved in plastic waste recycling.

(9) Every registration renewal application must be submitted at least one hundred and twenty days prior to the expiry of the validity of the registration certificate.

Guidelines on EPR for PIBOs

Obligated Entities:

1. The following entities must be covered under the EPR obligations and provisions of the norms namely: -

(i) Producer (P) of plastic packaging;

(ii) Importer (I) of all plastic packaging of imported products and/or imported plastic packaging;

(iii) Brand Owners (BO), including marketplaces/online platforms and supermarkets/retail chains except for small and micro enterprises according to the norms of the MSME (Ministry of Micro, Small & Medium Enterprises), ( GOI) Government of India;

Extended Producer Responsibility (EPR) Coverage

1. The following plastic packaging categories are included under EPR:

• (i) Category I - Rigid plastic packaging
• (ii) Category II - Flexible plastic packaging of (more than one layer with different kinds of plastic) or single layer, covers made of plastic sheet and plastic sheets or like, carry bags, plastic pouches or sachet;
• (iii) Category III - Multi-layered plastic packaging (at least one layer of plastic & at least one layer of material other than plastic);
• (iv) Category IV - Plastic sheet or like used for packaging and carry bags made of compostable plastics.

2. The EPR guidelines also include the following concerning plastic packaging namely: -

• (i) Recycling;
• (ii) Use of recycled plastic content;
• (iii) Reuse; and
• (iv) End-of-life disposal.

EPR Registration for plastic waste recycling plant set up in India

1. (a)The following entities must register on the CPCB's centralised portal, namely: -

• (i) Producer (P);
• (ii) Importer (I);
• (iii) Brand owner (BO);
• (iv) Plastic Waste Processor (PWP) involved in -

recycling;

industrial composting;

waste to oil; and

waste to energy

(b) The PIBO registration, conducting business in one or more states is done by PCC/SPCB through the centralised EPR portal created by CPCB.

(c) Entities initiating their business in a specific year and putting their products on the market in that year must obtain EEPR target obligations from the subsequent year.

(d) After these guidelines have come into force, w.r.t, entities starting their business in a specific year and making their products available in the market in that year must fulfil EPR target obligations from the subsequent year.

(2) The entities includes under clause 1 must not conduct any business without obtaining registration via an online centralised portal developed by CPCB.

(3) The registered PIBOs must not deal with any entity not registered on CPCB’s centralised portal.

(4) If it is observed or found that any registered PIBO on the online portal has given false information or there is any irregularity or deviation from the conditions stipulated or has willfully hidden information while obtaining registration under EPR guidelines, then the registration of such entity will be reversed for a one year after allowing a chance to be heard. Any PIBO with reversed registration won't be able to register until the revocation period.

(5) In case any entity falls under more than one sub-category mentioned in clause 1, it should register under each sub-category individually. Further, in situations where the PIBO has units in different states or a specific sub-category, they must also be registered separately. However, only one registration under a sub-category in a state is needed, even if more than one unit is nestled in a state. The registration must be according to the SOPs given by CPCB.

(6) While registering, the person intending to start a plastic waste recycling plant in India must furnish the following -

• GST Number
• PAN Number
• CIN of the company
• Aadhaar and PAN of authorised person or representative and
• Any other necessary detail as required.

EPR Targets and PIBOs obligations

(1) The EPR targets for PIBO are determined category-wise as given below -

Producer (P):

(a) EPR target

Q1 = Eligible Quantity in MT

A = The average weight of plastic packaging material (category-wise) sold in the last two financial years

B = The average quantity of pre-consumer plastic packaging waste in the last two financial years

C = The annual quantity given to the entities included in sub-clause 4 (iii) in the previous financial year as under: -

Q 1 (in MT) = (A + B) - C

The EPR target is determined category-wise, as given below

Extended Producer Responsibility target

	Year	Extended Producer Responsibility target (as a percentage of Q1 - category-wise)
1.	2021 - 22	25%
2.	2022 - 23	70%
3.	2023 - 24	100%

The EPR target in MT category-wise, as applicable, is provided by Producer as part of the Action Plan on the centralised portal created by CPCB

(b) Obligation for recycling

The Producer must ensure a minimum level of recycling (excluding end-of-life disposal) of plastic packaging waste collected under EPR Target, category-wise, as given below, namely: - The minimum level of recycling (except the end-of-life disposal) of plastic packaging waste (% of EPR Target)

Plastic packaging category	2024-25	2025-26	2026-27	2027-28 and onwards
Category I	50	60	70	80
Category II	30	40	50	60
Category III	30	40	50	60
Category IV	50	60	70	80

In the case of Category IV - plastic packaging category, the minimum level of recycling implies processing plastic packaging waste (ppw) for composting via industrial composting facilities.

(c) End-of-life disposal

(i) Only those plastics which can't be recycled are to be sent for end-of-life disposal, like waste to energy, road construction, waste to oil, cement kilns (for co-processing), etc., according to the relevant guidelines issued by CPCB or Indian Road Congress from time to time.

(ii) The producers must guarantee the end-of-life disposal of the ppw only via methodologies mentioned in Rule 5 (1) (b) of PWM Rules, 2016,

(d) Obligation for the use of recycled plastic content

The producer must guarantee the use of recycled plastic in plastic packaging category-wise as stated below -

Compulsory use of recycled plastic in plastic packaging (% of plastic manufactured for the year)

Plastic packaging category	2025-26	2026-27	2027-28	2028-29 and onwards
Category I	30	40	50	60
Category II	10	10	20	20
Category III	5	5	10	10

If it isn't possible to meet the obligation regarding recycled plastic content on account of statutory needs, CPCB grants an exemption on a case-to-case basis. However, in such cases, the PIBOs must fulfil their obligations to use recycled content (in quantitative terms) by purchasing of certificate of equivalent quantity from such PIBOs who have used recycled content more than their obligation. CPCB develops a mechanism for such exchange on the centralised online portal.

Importer (I):

(a) Extended Producer Responsibility Target:

Q2 = Eligible Quantity in MT

A = the avg weight of all plastic packaging material & plastic packaging of imported products (category-wise) sold and imported in the last two financial years

B = average quantity of pre-consumer plastic packaging in the last two financial years

C = the annual quantity supplied to the entities included in sub-clause 4 (iii) in the previous financial years as follows: -

Q2 (in MT) = (A + B) - C

The EPR target is determined, category-wise, as given below, namely:

	Year	Extended Producer Responsibility target (as a percentage of Q 2 - category-wise)
I	2021 - 22	25%
II	2022 - 23	70%
III	2023 - 24	100%

The EPR target in MT category-wise, as applicable, must be furnished by Importer as part of the Action Plan on the centralised portal developed by CPCB.

(b) Obligation for recycling

The Importer must ensure a minimum level of recycling (excluding end-of-life disposal) of plastic packaging waste collected under EPR Target, as follows -

Plastic packaging category	2024-25	2025-26	2026-27	2027-28 and onwards
Category I	50	60	70	80
Category II	30	40	50	60
Category III	30	40	50	60
Category IV	50	60	70	80

(c) End-of-life disposal

(i) Only those plastics which can't be recycled are to be sent for end-of-life disposal, like waste to energy, road construction, waste to oil, cement kilns (for co-processing), etc., according to the relevant guidelines issued by CPCB or Indian Road Congress from time to time.

(ii) The producers must guarantee the end-of-life disposal of the ppw only via methodologies mentioned in Rule 5 (1) (b) of PWM Rules, 2016,

Obligation for the use of recycled plastic content

The Importer must guarantee the use of recycled plastic in plastic packaging category-wise, as given below.

Compulsory use of recycled plastic in plastic packaging (% of imported plastic for the year)

Plastic packaging category	2025-26	2026-27	2027-28	2028-29 and onwards
Category I	30	40	50	60
Category II	10	10	20	20
Category III	5	5	10	10

Any recycled plastic used in imported material must not be counted towards fulfilling an obligation. The importer has to fulfil its obligation of using recycled content (in quantitative terms) via buying certificates of equivalent quantity from PIBOs who have used recycled content more than their obligation. CPCB may create a mechanism for such exchange on the centralised online portal.

Brand Owner (BO)

(a) Extended Producer Responsibility target:

Q3 = Eligible Quantity in MT

A = the average weight of virgin plastic packaging material (category-wise) bought and introduced in the market in the last two financial years.

B = average quantity of pre-consumer plastic packaging in the last two financial years as given below -

Q3 (in MT) = A + B

The EPR target shall be determined, category-wise, as follows: -

	Year	Extended Producer Responsibility target (as a percentage of Q3 - category-wise)
I	2021 - 22	25%
II	2022 - 23	70%
III	2023 - 24	100%

(b) Obligation for reuse

(I) The BO using Category I (rigid) plastic packaging for their items must have a minimum obligation to reuse such packaging as follows: -

Given that the reuse of Category I rigid plastic packaging in food contact applications must be subject to the regulation of FSSAI.

(II) Minimum obligation to reuse for Category I (rigid plastic packaging)

	Year	Target (as a % of Category I rigid plastic packaging in products sold per year)
A	Category I rigid plastic packaging with weight or volume equal to or more than 0.9 litres or kg but less than 4.9 kg or litres, as the case may be
I	2025 – 26	10
II	2026 – 27	15
III	2027-28	20
IV	2028-29 and onwards	25
B	Category I rigid plastic packaging with a volume of weight equal or more than 4.9 litres or kg
I	2025 – 26	70
II	2026 – 27	75
III	2027-28	80
IV	2028-29  and onwards	85

(III) The quantity of reused rigid packaging by BO must be calculated by subtracting virgin plastic packaging imported/manufactured/purchased in that year from the sales of the BO. The BO must provide this information on the CPCB’s centralised portal.

(IV) The quantity of categoryCategory I rigid plastic packaging reused must be subtracted from the total plastic packaging used under Category I by the obligated BOs.

(V) The quantity of Category I rigid plastic packaging reused during 2022 – 2023 and 2023-2024 must be subtracted from the total plastic packaging used under Category I.

(c) Obligation for recycling

The BO must guarantee a minimum level of recycling (except the end-of-life disposal) of plastic packaging waste collected under the EPR target, category-wise, as given below.

The minimum level of recycling (excluding end-of-life disposal) of plastic packaging waste (% of Extended Producer Responsibility Target)

Plastic packaging category	2024-25	2025-26	2026-27	2027-28 and onwards
Category I	50	60	70	80
Category II	30	40	50	60
Category III	30	40	50	60
Category IV	50	60	70	80

In the case of the Category IV plastic packaging category (carry bags made of compostable plastics and plastic sheets or like used for packaging), the minimum level of recycling implies the processing of plastic packaging waste for composting via industrial composting facilities.

(d) End-of-life disposal

(i) Only those plastics which can't be recycled are to be sent for end-of-life disposal, like waste to energy, road construction, waste to oil, cement kilns (for co-processing), etc., according to the relevant guidelines issued by CPCB or Indian Road Congress from time to time.

(ii) The producers must guarantee the end-of-life disposal of the ppw only via methodologies mentioned in Rule 5 (1) (b) of PWM Rules, 2016,

(e) Obligation for the use of recycled plastic content

(i) The BO must guarantee the usage of recycled plastic in plastic packaging, category-wise, as below

Compulsory use of recycled plastic in plastic packaging

Plastic packaging category	2025-26	2026-27	2027-28	2028-29 and onwards
Category I	30	40	50	60
Category II	10	10	20	20
Category III	5	5	10	10

(ii) If it is not possible to meet the obligation regarding recycled plastic content on account of statutory needs, the CPCB grants an exemption on a case-to-case basis.

However, in such cases, the PIBOs must fulfil their obligation to use recycled content (quantitatively) by buying certificates of equivalent quantity from such PIBOs who have used recycled content more than their obligation. CPCB may develop a mechanism for such exchange on the centralised online portal.

(2) In case where BO is also an Importer and/or Producer of plastic packaging material, the above clauses will also apply for calculating their EPR targets and obligations as Importer and/or Producer, respectively.

(3) The EPR target in MT category-wise, as applicable, must be provided by all PIBOs as part of the Action Plan on the centralised portal by CPCB.

(4) The obligations for recycling and reusing waste and using recycled plastic content in packaging are reviewed every five years depending upon available technologies for meeting the specified targets.

(5) The EPR on plastic packaging must promote sustainable packaging, according to the guidelines prepared by CPCB, depending on the following criteria -

• (i) package designing amenable for recycling;
• (ii) package designing promoting reuse;
• (iii) package designing for the environment; and
• (iv) recycled plastic content in plastic packaging material

(6) In case, the obligated entity used plastic packaging which is 100% biodegradable in the ambient environment leaving no chemical residue or traces of microplastics or any other traces having adverse health or environmental impacts as certified by regulatory entities BIS, CPCB, Central Institute of Petrochemicals Engineering & Technology, the EPR target won't be applicable for such material.

Generation of surplus EPR certificates, carry forward and off-setting against previous year EPR targets and obligations, and sale and purchase of surplus EPR certificates:

(1) A BO who has fulfilled his EPR targets, category-wise, can use the surplus for the following namely: -

• (i) Carry forward for use in the succeeding year;
• (ii) Off-setting the previous year's shortfall;
• (iii) Sell it to other PIBOs.

(2) Surplus in one categoryCategory can only be used for carry forward, off-setting and sale in the same categoryCategory. A surplus under reuse can be used against recycling, reuse and also the end of life disposal. A surplus under recycling can be used for end-of-life disposal and recycling. A surplus under end-of-life disposal can't be used for recycling or reuse.

(3) PIBOs can also meet their EPR obligations under a category by purchasing surplus EPR certificates from other PIBOs of the same category.

(4) Such transactions must be submitted and recorded by the PIBOs on the online portal while filing annual returns under the EPR framework. CPCB may develop a mechanism for such exchange on the centralised portal.

Environmental Compensation

(1) Environmental Compensation is levied depending upon the polluter pays principle (PPP) concerning non-fulfilment of EPR targets by PIBOs, for serving the purpose of improving & protecting the quality of the environment and controlling, preventing and decreasing environmental pollution.

(2) CPCB frames norms for collection and imposition of environment compensation on plastic waste recyclers, PIBOs and end-of-life processors in case of non-fulfilment of obligations established in these guidelines, and the same must be notified. The policies for Environmental Compensation must be updated as needed.

(3) The Environment Compensation, as applicable, must be imposed by the concerned SPCB on the PIBOs operating in their jurisdiction (for PIBOs not operating in more than two UTs/states), Plastic Waste Processors which includes recyclers and other waste processors – waste to oil, waste to energy, co-processors, concerning non-fulfilment of their EPR targets or responsibilities and obligations framed under these guidelines. If the PCC or SPCB does not act reasonably, the CPCB must instruct the PCC/SPCB to do so.

(4) The Environment Compensation, as applicable, must be imposed by CPCB on the PIBOs conducting business in more than two states concerning the non-fulfilment of their EPR targets, obligations and responsibilities in these guidelines.

(5) Payment of environmental compensation will not absolve the PIBOs of the obligations set out in these norms. The unfulfilled EPR obligations for a specific year are carried forward to the subsequent year for three years. If the shortfall of EPR obligation is addressed within three years. The environmental compensation imposed must be returned to the PIBOs as given below, namely -

• (i) Within one year of levying of EC - 75% return;
• (ii) Within two years - 60% return;
• (iii) Within three years - 40% return.

After completion of three years on EC getting due, the entire compensation amount is forfeited. This arrangement will also allow to collection and recycle plastic packaging waste by PIBOs in the upcoming years.

(6) The funds collected under environmental compensation are kept in a separate Escrow account by PCC, SPCB, or CPCB. The funds collected will be utilised in recycling, collection, and end-of-life disposal of non-recycled or uncollected or non-end-of-life disposal of plastic packaging waste, on which the environmental compensation is imposed. Modalities for using the funds for plastic waste management annually will be recommended by the committee for EPR implementation and approved by the Competent Authority in the Ministry.

Role of Producers, Importers & Brand Owners (PIBOs)

(1) The PIBOs must register via the centralised online portal developed by CPCB. The certificate of registration is issued using the portal.

(2) PIBOs must provide an Action Plan having information on the EEPR Target, category-wise, where applicable, via the centralised online portal, along with registration application or renewal of registration under PWM Rules, 2016. The Action Plan must include the tenure of the registration according to the norms of these rules. The SOP for registration and the action plan pro forma is developed by CPCB according to these norms.

(3) BO must furnish the details of plastic packaging bought from Importers and/or Producers and/or individually. The quantities attributed to each Importer and Producer covered under obligation upon BO must be subtracted from their obligation. The record of such purchases, including category-wise quantity purchased, must be maintained individually by BO.

(4) The Importers and Producers shall maintain the record of the plastic packaging material quantity provided to BO. Such records, including category-wise quantity sold, shall be maintained individually by Importers and Producers. If such records are not maintained, they must fulfil the complete EPR obligation. The online platform will cross-check the declaration of transactions among PIBOs.

(5) In order to develop a separate waste stream for collecting plastic packaging waste for directly fulfilling EPR obligations, the PIBOs shall operate schemes like buy back or deposit refund system (DRS) or any other model. This must prevent the mixing of plastic packaging waste with solid waste.

(6) The PIBOs must file annual returns on the plastic packaging waste processed and collected towards fulfilling EPR obligations with the CPCB or concerned PCC/SPCB as per pro forma given by CPCB by 30th June of the next financial year. Details on the reuse and/or recycled content used for packaging purposes must also be given. The info of the registered recyclers from whom the recycled plastic is procured must also be provided. Given that the last date for filing annual returns is 31st October 2023 for the financial year 2022-2023.

Plastic Packaging Waste Collection System by Producers, Importers & Brand-Owners

(1) PIBOs, while fulfilling their EPR obligations, must build collection and segregation infrastructure of ppw, as needed, depending on the plastic category. It can include the following depending on the implementation modality of EPR by PIBOs:

• (a) guarantee the ppw collection from the collection points with an interval that is proportionate to the volume and the area covered;
• (b) set up Material Recovery Facilities (MRFs) and waste plastic collection points;
• (c) offer the plastic collection from the entities such as gram panchayats, ULBs, third parties and other public authorities performing waste management and offer for the collection from all entities that have made use of that scheme; offer for the essential practical arrangements for collection and transport;
• (d) guarantee that the collected plastic packaging waste from the collection points is subsequently subject to its permitted end use in the designated manner or recycling in a registered facility by a recycler.

(2) The entities engaged in the waste collection must hand over the waste for recycling and treatment or for identified end uses.

(3) PIBOs shall guarantee the network of collection points considering the expected volume of plastic or packaging waste, population size, vicinity and accessibility to end-users, not being restricted to areas where the subsequent management and collection is profitable.

(4) Participation of voluntary collection points - voluntary collection points shall hand over ppw to the PIBOs or third-party agencies acting on their behalf for their identified end use or treatment and recycling.

Fulfilment of obligations of EPR for PIBOs

For fulfilling EPR for PIBOs, they must provide the information of recycling certificates obtained only from registered recyclers and the quantity sent for end-of-life disposal by 30th June of the subsequent financial year while filing annual returns on the online portal. The online portal verifies the details furnished by PIBOs and registered plastic waste processors (PWPs). If there is any difference, the lower figure is considered towards fulfilling the EPR obligation of PIBOs. The certificates must be subject to verification by PCC/CPCB/SPCB, as the case may be.

Centralised Online Portal by CPCB for Obtaining EPR Authorisation for PIBO

(1) CPCB must build an online portal for filing annual returns and for registration by PIBOs by 31st March 2022.

(2) The CPCB's online portal for PIBOs must display the plastic packaging material they introduced in the market in a financial year. The portal must also indicate the details regarding the audit of the PIBOs/recyclers/other waste processors of plastic packaging waste.

(3) The PCC/SPSCB must also use the CPCB's centralised portal for PIBOs registration. The centralised system may act as the single point data repository concerning guidelines and orders for implementing EPR for plastic packaging under the Plastic Waste Management Rule, 2016. PIBOs may facilitate the development of an online web platform or portal if they wish to.

(4) Until the online web portal is created, all activities related to the implementation of EPR under the PWM Rules, 2016, must be done offline.

Standard Operating Procedure for PIBO registration under PWM Rules, 2016

PIBOs must follow SOPs to obtain registration under the Plastic Waste Management Rules, 2016 -

1. The PIBOs get three options for implementing an EPR plan for PWM in the UTs/states in which they are introducing their products:

• PWM via direct engagement with Urban Local Body (ULB)
• PWM via Own Distribution Channel
• PWM via engagement with Waste Management Agency (WMA), which in turn must involve with ULBs.

2. Checklist of documents to be provided for obtaining CPCB registration

• (a) Proof of selling in more than two states (tax invoice/GST/ etc)
• (b) DIC Certificate, if the unit has a production facility
• (c) Valid Consents under Water and Air Acts, if the unit has a production facility
• (d) Documents related to Action Plan for fulfilling EPR liability (UT/State wise)

i. Document issued by designated state authority/ULB concerning involvement of WMA/PIBO (as applicable)

ii. Registration issued by PCCs/SPCBs to PWPF to be involved with PW processing

iii. Agreement of PIBO with WMA (as applicable)

iv. Agreement of PIBO/WMA with PWPF for PW processing (as applicable)

Submission of Half-Yearly Progress Reports by PIBO

• i. The PIBO must submit half-yearly progress reports related to plastic waste management for each UT/state in their EPR Action Plan to related SPCB/PCC.
• ii. PIBO has to showcase that quantity and type of plastic waste as per the EPR target has been processed. Also, it is mandatory to file documentary evidence from respective processing facilities. The PIBO must further file supporting documents as evidence of state-wise waste collection as per the EPR target.
• iii The half-yearly progress reports must be submitted within fifteen days of completion of the corresponding half-year term as per the information required.

Renewal of Registration

i. PIBO must submit the renewal application four months before its expiry, along with the necessary documents.

ii. PIBO must guarantee that all pending half-yearly reports for the preceding registration period are submitted before applying for the registration renewal.

iii. The documents submitted are assessed along with the half-yearly reports provided by PIBO.

iv. Within 15 days of receiving the complete documents, CPCB renews registration granted to PIBO for three years.

v. Documents to be submitted for registration renewal are as follows -

• a. Copy of original registration certificate
• b. Filled in application format
• c. EPR Action Plan

Frequently Asked Questions

• 1. What is pre-consumer plastic packaging waste?

  Pre-consumer plastic packaging waste is ppw produced in the form of reject or discard at the manufacturing stage of plastic packaging and ppw produced during the product's packaging, including discard, and reject prior to the plastic packaging reaching the end-use consumer of the product.

• 2. What is post-consumer plastic packaging waste?

  Post-consumer plastic packaging waste is plastic packaging waste produced by the end-use consumer post the intended use of packaging is finished and is no longer being used for its intended purpose.