1. What is EPR [Extended Producers Responsibility]?

On this page, we'll talk about a crucial subject: EPR Registration (Extended Producer Responsibility) according to the Plastic Waste Management Rules. Recently, we got to know about many Importers facing clearance delays for their shipments because they do not have EPR Registration.

We often receive similar questions related to this topic: "Do we need EPR Registration? We are a small company or small importers who only import 4 to 5 times a year, and we don't deal with plastic products. So, do we need to obtain this EPR Certification?"

This is the most significant question in the industry - whether or not to get this registration and if yes, why? To address this, we have made this page of EPR. In this page, we will understand the basic concepts and answer an important question - Who should opt for this registration and why. We will understand the process of registration. Where should you submit your application? What documents are required? What are the government fees? How long will it take for the registration to be approved? What will be the validity and renewal process? And more.

2. Brief History of Waste Management Rules

You all are aware that plastic waste is a significant problem, and due to its increasing volume, it causes considerable harm to the environment. We know that plastic is accumulating in the oceans, and animals like cows are ingesting plastic in their bodies. Shockingly, a report predicts that by 2050, there will be more plastic in the sea than fish.

In India, we generate around 35 lakh metric tons of plastic waste annually, and unfortunately, only around 40% of it is recycled or processed. Controlling this plastic waste is crucial.

To address this issue, the Ministry of Environment, Forest & Climate Change introduced the "Environment Protection Act," which includes three main Waste Management Rules:
1. Plastic Waste Management Rules - For managing plastic packaging waste.
2.E-waste Management Rules - For electronic waste management.
3. Battery Waste Management Rules - For managing battery waste.

If any company falls into any of these categories, they are required to obtain EPR Registration. However, in this page, we will focus solely on Plastic Waste Management Rules.

As per the definition, "Extended Producer Responsibility" means the responsibility of a producer for the environmentally sound management of the product until the end of its life.

This implies that it is the producer's responsibility, as per the rules, to ensure proper re-use and recycling of plastic packaging products until the end of their life to prevent plastic waste from harming the environment.

For example, a company like Coca-Cola that manufactures numerous plastic bottles would have the responsibility to process the plastic waste they generate in an environmentally sound manner until the end of its life.

3. Which entities are covered under the Plastic Waste Management [PWM] Rules and need to get EPR Registration?

In the image, you can see that registration is required for PIBO's (Producers, Importers, Brand Owners) and also for Plastic Waste Processors.

Obligated Entities to get EPR Registration for Plastic Waste "P" stands for Producers, "I" stands for Importers, and "BO" stands for Brand Owners.

Producers are those who manufacture plastic packaging within India or are involved in the supply chain of plastic.

Importers are those who either import plastic packaging into India or use plastic packaging in their imported products.

Brand Owners refer to individuals or companies that sell commodities using plastic packaging under a registered brand label or trademark. This category includes online marketplaces/platforms and supermarket/retail chains. Additionally, Brand Owners falling under the micro and small category of MSME (Micro, Small, and Medium Enterprises) are exempt from EPR Registration. However, this exemption does not apply to Importers. This means that regardless of the size of their Company or Quantity of Plastic Packaging imported, All Importers must obtain EPR Registration.

It is important to note that the guidelines of EPR apply to plastic packaging, not to plastic products themselves.

For example, if you import "Plastic combs," you do not need EPR Registration. However, EPR Registration would be required if the "Plastic combs" are packed in plastic packaging.

I hope this clarifies everything. Next, let's discuss the four categories of plastic packaging covered under EPR Rules.

4. Categories of Plastic Packaging covered under EPR for Plastic Waste

Before discussing the categories, let's study the definition of "Plastic Packaging."

"Plastic Packaging" refers to packaging material made using plastics for the purpose of protecting, preserving, storing, and transporting products in various ways. This definition is self-explanatory.

As shown in the image, the EPR rules cover four major categories of plastic packaging:

Categories of Plastic Packaging covered under EPR Let's understand each category with examples and images.

Category I - Rigid Plastic Packaging includes all containers made of plastic, such as shampoo bottles, food storage containers, and refined oil canisters.

Category II - Flexible Plastic Packaging is widely used and comes in various forms. Some common examples of this category include plastic pouches, sachets, packaging for tablets or medicines, and even bubble wrap. It is a versatile type of plastic packaging that is used in various industries for its convenience and flexibility.

Category III - Multi-layered plastic packaging is exemplified by Tetra Pak, which consists of multiple layers, with at least one layer made of plastic, and the other layers may be composed of paperboard, aluminum foil, or other materials.

Category IV - Compostable plastics carry bags are more environmentally friendly compared to the other categories of plastic. A common example of compostable plastics carry bags is the large garbage bags that we commonly use.

5. Who Needs CPCB EPR registration for Plastic Waste?

So, if you are involved in manufacturing/supply chain or using plastic packaging in any of these four categories as a Producer, Importer, or Brand Owner, you are required to compulsorily obtain EPR Registration and adhere to its compliances.

Importers generally use plastic packaging, such as plastic sheets and bubble wraps, to protect their imported products. For this reason, they fall under the purview of EPR. You need to complete the EPR Registration online on the website of CPCB (Central Pollution Control Board). Recently, the Tarpaulin Manufacturers Association wrote a letter to CPCB seeking clarification regarding their inclusion under EPR. As they manufacture Tarpaulin made from plastic, they are unsure if they fall under the EPR regulations.

In a reply letter, CPCB stated that "Plastic Tarpaulin" will not be considered as plastic packaging because its primary use is generally for providing shelter to the poor, erecting temporary structures, and covering soil and crops for protection. Therefore, it will not fall under EPR unless its use involves packaging activities. EPR is a significant topic, and we hope that till now, you have found the answer to whether you need to obtain EPR Registration or not.

In the coming sections, we will discuss the process of EPR Registration, the required documents, EPR targets, compliances to be followed, and penalties for non-compliance. We aim to provide you with comprehensive information about EPR to help you understand and fulfill your obligations.

6. Where & How to Apply for EPR Certificate?

All Producers, Importers, and Brand Owners (PIBOs) are required to submit their applications online on the centralized portal of CPCB, which is www.cpcbeprplastic.in

For PIBOs operating in more than two states/Union Territories (UTs), their application will automatically be directed to CPCB, i.e., the Central Pollution Control Board.

For PIBOs operating in two or fewer states/UTs, their application will be submitted to their respective SPCB, i.e., State Pollution Control Board.

Before submitting the application, companies need to complete a one-time registration process. After obtaining the User ID and password, they can proceed with filing the application.

7. How many EPR Registrations are required for one Entity?

If your company is both a Brand Owner and a Producer or Importer, you will need to submit separate applications for each of these subcategories.

For instance, consider an importer who is using plastic packaging to cover products and then selling them under their own brand name after importing. In this scenario, they would need to submit separate applications for both Importer and Brand Owner categories and obtain EPR Authorization.

Please take note that if Brand Owners fall within the micro and small criteria of MSME, EPR registration is not compulsory for them.

According to the image, you can see that if PIBOs (Producers, Importers, and Brand Owners) are operating in only two states, then separate registrations will be needed for each of those states.

Similarly, if a Producer has multiple manufacturing units in different states, only one state can be selected in a single application form. Therefore, separate applications will need to be submitted for manufacturing units in different states, using different email addresses.

8. Documents required for EPR Registration

Before applying for EPR Registration, you need to have the documents ready as shown below:

• PAN, GST, CIN, IEC (for Importer) of the Company.
• Aadhar/PAN of the Authorized Person.
• DIC Registration (if unit registered with DIC)
• Process flow diagram (for producers only)
• Consents issued by SPCB/PCC (if unit has a production facility)
• Scanned copy of signatures of authorised persons.
• Covering Letter
• Plastic consumption details for the last two years.
• Representative images of plastic packaging used need to be uploaded.
• Quantity of Pre and Post Consumer Plastic waste generated State-wise, Year-wise, and Category-wise.

The list of essential required documents is self-explanatory.

So, after submitting the online application along with all the necessary supporting documents, the Department typically takes around 15 days for processing.

If, during the application process, you provide any incorrect or false information that is detected by the Department, your registration may be revoked for a period of 1 year. This implies that you won't be able to obtain EPR registration for a year, and without EPR Registration, you won't be allowed to engage in any activities related to plastic packaging. Therefore, please ensure to fill out the form with utmost care.

9. EPR Registration Fees | What is the Cost/Fees for getting an EPR Certificate?

Government Fee depends on the Plastic waste generation [i.e. Target given in a particular FY], as per the Image.

This means that if the Plastic Waste Generation is less than 1000 MT, the Government fees will be Rs. 10,000, and the maximum Government fees is Rs. 50,000 for waste generation exceeding 10,000 MT.

Additionally, during Annual return filing, there will also be a fee. It will be 25% of the application fee.

Moreover, the EPR Registration includes a Late Fees Mechanism for Resubmission. If your application is not approved and you wish to re-submit, there will be separate fees based on the number of days and the frequency of resubmissions, as depicted in the Image.

Late Fees mechanism for resubmission under EPR

10. EPR Target for Producers, Importers & Brand Owners under Plastic Waste Management Rules

The table below gives you a brief comparison of EPR targets for Producers, Importers and Brand Owners.

Note here that only Producers and Importers can transfer the obligations to registered PIBO’s. Brand Owners cannot further transfer their obligations.

Also the targets are to be fulfilled as per MT and Category wise only.

11. Validity and Renewal of EPR Registration

The initial validity of the EPR Certificate will be for one year. The renewal application must be submitted four months prior to the certificate's expiration. Once you apply for renewal, the certificate's validity will be extended to three years. It's important to note that the renewal will only be approved if you have adhered to all annual compliances i.e. You have met the required EPR Targets and filed the Annual returns within the prescribed time limit.

12. EPR Compliance to be followed by PIBO’s under Plastic Waste Management Rules

EPR Compliance includes a key component, which is the submission of Annual Reports. Annual Reports must be filed before the 30th of June each year. So, if you have obtained EPR registration for the financial year 2023-24, the last date for filing the Annual Report for FY 2023-24 will be the 30th of June 2024.

For those who obtained EPR Registration in FY 2022-23, their extended last date for report filing is the 31st of October 2023.

Now, Annual Report filing consists of three main components:

Procurement and Sales Details: Based on the details filled regarding procurement and sales, you are required to provide information about total plastic consumption and state-wise/category-wise plastic generation for that specific fiscal year.

EPR Credits/Certificates: To meet the given target, you must obtain EPR Credits/Certificates from registered Plastic Waste Processors (PWP) for an equivalent quantity of the target assigned to you. These credits should be reflected in your EPR portal. If you fail to achieve the target, you will be liable to pay Environmental Compensation. (EC).

Setting Targets for the Next Financial Year: Based on the details provided for the current financial year, your targets for the next financial year are determined. After confirming these targets, you are required to pay an annual report fee, which is 25% of the registration fees, and then submit the report.

13. Who are We and Why Choose Us

We at Sairaj International, are India’s No. 1 Consultants for EPR Registration & Compliance Services for Plastic waste, Battery waste, E-waste, Waste tyres.

At Sairaj International, you will be able to access the following benefits:

• Guidance on Applicability of EPR Authorization.
• Swift and seamless delivery of EPR Certificates in the agreed timeline.
• Post-registration monthly compliances to be followed.
• Guidance on fulfillment of EPR targets.
• Easy access to EPR Credits from the Plastic Waste Processors [PWP] for the fulfillment of EPR Targets.
• Annual Return Filing within the deadline to stay compliant with EPR Guidelines.
• Regular Updates with respect to continuously changing rules and regulations.