MOEF&CC extends the annual return filing date via the recently introduced Plastic Waste Management (PWM) (Second Amendment) Rules, 2023

 The Ministry of Environment, Forest & Climate Change (MoEF&CC) under the Government of India (GoI) recently introduced the Plastic Waste Management (Second Amendment) Rules 2023. Here are the complete details about the changes made by the Ministry.

1. Sub-rule (1) of rule 9 of the Plastic Waste Management Rule, 2016 won’t apply to the export-oriented units (EOU) or units in special economic zones notified by the Central Government under the Special Economic Zones Act, 2005 (28 of 2005), and to other units  manufacturing plastic packaging or on plastic packaging used for packaging products for export against an order for export:

Given that this sub-rule won’t apply to pre-consumer plastic packaging waste produced by such units.

2. In Rule 3 of the PWM Rules, 2016 -

(i) for clause (c), the following clause must be substituted, namely:-

(c) Carry bags implies bags made from plastic material or compostable plastic or biodegradable plastic, used for carrying or dispensing commodities, with a self-carrying feature but don't include bags that constitute or form an important part of the packaging in which goods are sealed before use;

(ii) for clause (s), the following clause will be substituted, namely:-

'(s) "producer" means persons manufacturing plastic packaging.

6. In rule 5 of the mentioned rules, in sub-rule (1), for the words urban local bodies (ULBs), the words local bodies are substituted.

7. The new rules replace multi-layered packaging” with the phrase plastic packaging in sub-rule (1) of rule 4 of the previous regulations.

8. PWM (Second Amendment) Rules, 2023, substituted the words multi-layered packaging with the words plastic packaging in sub-rule (6) of rule 9 of the previous rules.

9. In rule 11 of the PWM rules 2016, for sub-rule (1), the following sub-rule will be substituted, namely: -

(1) Each plastic packaging must contain the following information, printed in English, namely:-

(a) name and registration certificate number for producer or importer or brand owner (PIBO) generated through the centralised online portal mentioned in Schedule II for plastic packaging, in case of rigid plastic packaging with effect from 1st July,2024, multilayer flexible plastic packaging having more than one layer with different types of plastics, including  plastic sachet or pouches, and multi-layered plastic packaging;

(b) name and registration certificate number for producer or importer or brand owner (PIBO) generated via the centralised online portal mentioned in Schedule II for plastic packaging and thickness in case of flexible plastic packaging of single layer including plastic sachet or pouches (if single layer), plastic sheets or like and covers made of plastic sheet, carry bags;

(c) name and registration certificate number for producer or importer or brand owner (PIBO) generated through a centralised online portal given in Schedule II for plastic packaging with effect from 1st January 2025 and number of certificates granted under clause (h) of sub-rule in case of plastic sheet or like used for packaging and plastic packaging and carry bags commodities made of compostable plastic, as applicable;

(d) name and certificate number granted under clause (h) of sub-rule 4 in case of plastic sheet or like used for packaging and plastic packaging and carry bags and commodities made of biodegradable plastic:

Given that the norms of this sub-rule won’t apply to plastic packaging covered under rule 26 of the Legal Metrology Packaged Commodities (LMPC) Rules, 2011, and in respect of plastic packaging cases where it is technically not feasible to print the desired information, according to the instructions given in the Guidelines for use of Standard Mark and labelling needs under BIS Compulsory Registration Scheme for IT and Electronic Products;

Given further that the plastic packaging under the first proviso must be approved by the Central Pollution Control Board (CPCB):

Given also that the specific information in respect of plastic packaging under the first and second proviso must be printed on the packaging that holds together individual units of goods or the individual units of packaging.

8. In rule 12 of the Plastic Waste Management Rules, 2016 -

(a) for sub-rule (1), the sub-rule given below must be substituted, namely:-

(1) The Central Pollution Control Board (CPCB), State Pollution Control Board (SPCB) and Pollution Control Committee (PCC) in respect of a Union Territory (UT) must be the authority for enforcement of the norms of these rules;

(b) for sub-rule (2), the sub-rule given below must be substituted, namely: -

(2) The concerned Additional Chief Secretary or Principal Secretary or Secretary in charge of the Department of the State Government or a Union territory Administration responsible for municipal administration must be the authority for enforcement of the norms of these regulations concerning the waste management by waste generator, prohibition or restriction on use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and plastic packaging and items banned under rule 4 of these rules in the urban areas of the State or a UT.;

(c) for sub-rule (3), the following sub-rule must be substituted, namely: -

(3) The concerned Additional Chief Secretary or Principal Secretary or Secretary in charge of the Department of the State Government or a Union territory Administration responsible for Panchayati Raj Institutions must be the authority for enforcement of the norms of these rules associated with waste management by the waste generator, restriction or prohibition on use of plastic carry bags, plastic sheets or like, covers made of plastic sheets and plastic

packaging and items prohibited under rule 4 of these rules in the rural area of the State or a Union territory.

(d) for sub-rule (4), the sub-rule mentioned below must be substituted, namely: -

(4) The authorities mentioned in sub-rule (1), (2) and (3) must take the help of the District Magistrate (DM) or the Deputy Commissioner and executive Head of Municipal Body for urban areas or Chief Executive Officer of the District level Panchayats for rural areas within the territorial boundaries of the jurisdiction of the related district in respect of the enforcement of the norms of these regulations.

9. In rule 13 of the mentioned rules,-

(a) for sub-rule (2), the following sub-rule is to be substituted, namely:-

(2) Every producer or importer or brand-owner (PIBO) must submit an application in Form I for one-time registration via the centralised online portal mentioned in Schedule II to -

(i) the concerned SPCB or PCC, if operating in one or two States or Union territories; or

(ii) the CPCB, if operating in more than two States or Union territories.”;

(b) for sub-rule (3), the following sub-rule must be substituted, namely:-

(3) Every person processing or recycling waste or intending to process or recycle plastic waste must apply to the related SPCB or PCC in Form II via the centralised online portal mentioned in Schedule –II for one-time registration”;

(c) for sub-rule (5), the given below sub-rule must be substituted, namely:-

(5) The PCC or SPCB must not issue registration to plastic waste recycling or processing units unless the unit possesses a valid consent under the Water (Prevention & Control of Pollution (P&CP)) Act, 1974 (6 of 1974) and the Air (P&CP) Act, 1981 (14 of 1981) and a certificate of registration issued by the District Industries Centre (DIC) or any other authorised Government agency.”;

(d) Sub-rule (9) is omitted.

(e) Sub-rule (11) stands omitted.

10. For rule 16 of the previous regulations, the following rule must be substituted, namely: -

16. State Level Monitoring Committee.-

(1) The State Government or the UT Administration must, for effective monitoring of the implementation of these rules, constitute a State Level Monitoring Committee, having the mentioned persons.

(2) The State Level Monitoring Committee must meet at least once in six months and must invite experts if it considers mandatory.

11. In schedule II to the said rules, -

(a) in para 6, for clause (6.3), the clause given below must be substituted, namely:-

(6.3)The entities obligated to register as per clause (6.1) must not deal with any unregistered entity having an obligation to register under clause (6.1) via an online centralised portal created by the CPCB;

(b) in paragraph 10, in clause (10.6), in the proviso, for the words and numbers 31st October 2023”, the words given below and numbers must be substituted, namely:-

30th November 2023”;

(c) in paragraph 12, after clause (12.8), the following provisions must be inserted, namely:-

(12.9) The Central Government can allow the filing of annual returns by Producers, Importers and Brand owners (PIBO) under clause 10.6 and by Plastic Waste Processors (PWP) under clause 11.2 for a period not exceeding nine months for the reasons to be recorded in writing.

(d) after paragraph 15, the following paragraph must be inserted, namely:-

15A Purchase of extended producer responsibility (EPR) certificate from different categories.-

(1) The CPCB can permit purchase of EPR certificates for those categories where surplus exists over the extended producer responsibility obligation of that category for  fulfilment of EPR obligation of such category where deficit exists.

(2) In such cases, the CPCB must state the quantum of extended producer responsibility certificates of the category needed to be procured, where surplus exists, for the fulfilment of the EPR obligation of the category where the deficit is present, based on the availability and cost of collection, segregation and processing for different categories of plastic packaging waste.

(3) The norms of this paragraph must stop to apply at the end of 2025-2026.”.