Saturday, 3 June 2023

India amends Plastic Waste Management Rules

India amends Plastic Waste Management Rules

On 27 April 2023 the Indian Ministry of Environment, Forest and Climate Change published a notification in the Gazette of India announcing the Plastic Waste Management (Amendment) Rules, 2023. The Rules came into force on the day of publication in the Gazette and are an amendment to the Plastic Waste Management Rules, 2016 previously amended by the Plastic Waste Management
(Second Amendment) Rules, 2022.

The following amendments have been made to the Plastic Waste Management Second Amendment Rules, 2022:

Rule 10. Protocols for compostable and biodegradable plastic materials.

The deadline for the provisional certificates for biodegradable plastics issued by the Central Pollution Control Board (subrule 5) has been prolonged by one year. The provisional certificates shall be valid till 30 June 2024 with the condition that production or import of biodegradable plastic shall cease after 31 March 2024.

Rule 11. Marking and labelling

The rule that each plastic carry bag must have name, registration number of the producer or brand owner, and the thickness in case of carry bag and plastic packaging does now not apply to ‘rigid plastic packaging’.

Rule 13. Registration of producer, recyclers and manufacturer

Every producer or importer shall for the purpose of registration make an application as per the guidelines specified in Schedule II. The renewal of registration has been omitted (from Subrule 2). The registration granted under this rule shall be changed only on the request of Producers, Importers
& Brand owners, under the existing Extended Producer Responsibility registration. The registration granted under this rule shall be valid for a period of one year, unless revoked,
suspended or cancelled and shall subsequently be granted for three years.

Schedule II. Guidelines on Extended Producers Responsibility (EPR) for Plastic Packaging

  • Clause 6.6: The details regarding registration on the EPR portal have been modified. The following is now valid: While registering, the entities shall have to provide PAN Number, GST Number, CIN Number of the company in case of company and the entities may provide Aadhar Number and shall provide PAN Number of authorized person or representative and any other necessary information as required.
  • Clause 10.6: Producers, importers and brand-owners must file annual returns on the collected plastic packaging waste on the EPR portal by 30 June of the next financial year. Provided that the last date for filing of annual returns for the financial year 2022-2023 is the 31 October 2023.
  • Clause 11.2: Plastic waste processors (recyclers or other waste processors including composting facilities) must submit annual returns after the end of each financial year by 30 April. Provided that the last date for filing of annual returns for the financial year 2022-2023 is the 31 July 2023.

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