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Overview of Extended Producer Responsibility (EPR) for Importers

In general terms, an Importer is an individual, business, or other entity that transacts business by bringing goods from abroad into the country. Some nations define an importer as the party in charge of paying duties on imported goods or as an authorized representative acting on that party's behalf. For all producers, importers, brand owners, and manufacturers of electronics, plastic packaging, tyres, and batteries, in India, an EPR (Extended Producers Responsibility) authorization is required. The reason for obtaining this EPR certificate is to properly channel waste and compensate for waste caused by their products in the market. The idea is to promote sustainable development, which helps keep the country's waste generation in check. The Central Pollution Control Board is the entity that issues EPR certificates.

EPR Targets are recycling targets that are assigned to identified producers (manufacturers, importers, brand owners). These targets are usually defined as a percentage of the Eligible Quantity that the entity has to recycle, and the targets are increased gradually. EPR targets are assigned after the successful registration for EPR and subsequently after the successful annual return submission on the EPR portal.

The Extended Producer is particularly focused on:

  • The environmental policy stipulates that the importer is in charge of minimizing the environmental impact of the product and managing the product's waste throughout its entire life cycle.
  • The Central Pollution Control Board must give, renew, or deny producers' requests for Extended Producer Responsibility (EPR)-Authorization.
  • The Central Pollution Control Board (CPCB) has published guidelines on how to implement the EPR, including specific instructions for importers and other stakeholders on authorizing, channelling, collection, storage, and transportation, as well as environmentally sound disassembly, recycling, and refurbishing.

Overview of EPR for Importers

In general terms, an Importer is an individual, business, or other entity that transacts business by bringing goods from abroad into the country. Some nations define an importer as the party in charge of paying duties on imported goods or as an authorized representative acting on that party's behalf.

For all producers, importers, brand owners, and manufacturers of electronics, plastic packaging, tyres, and batteries, in India, an EPR (Extended Producers Responsibility) authorization is required. The reason for obtaining this EPR certificate is to properly channel waste and compensate for waste caused by their products in the market. The idea is to promote sustainable development, which helps keep the country's waste generation in check. The Central Pollution Control Board is the entity that issues EPR certificates.

The Extended Producer is particularly focused on:

  • The environmental policy stipulates that the importer is in charge of minimizing the environmental impact of the product and managing the product's waste throughout its entire life cycle.
  • The Central Pollution Control Board must give, renew, or deny producers' requests for Extended Producer Responsibility (EPR)-Authorization.
  • The Central Pollution Control Board (CPCB) has published guidelines on how to implement the EPR, including specific instructions for importers and other stakeholders on authorizing, channelling, collection, storage, and transportation, as well as environmentally sound disassembly, recycling, and refurbishing.

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Challenges in EPR for importers

EPR registration offers a potential solution for adequately managing the waste, but it also has some challenges that an importer might have to face. Some of the challenges are for EPR for importers.

Lack of Awareness

The lack of knowledge among producers, consumers, and local authorities is one of the main obstacles to EPR registration in India. Many stakeholders are still unaware of their obligations and how important EPR is to effectively manage waste.

Fragmented Waste Management Systems

India's waste management systems are frequently disorganized, involving numerous agencies at various levels. It can be difficult to coordinate these entities and have them follow the EPR Registration guidelines.

Financial Limitations

Investments in public awareness campaigns, recycling facilities, and collection centres are necessary to implement EPR Registration. It might be difficult for small and medium-sized producers to cover these expenses.

Regulation and Adherence

EPR Registration regulations and compliance measures can be difficult to create and enforce, particularly when dealing with a market as diverse and as large as India.

Benefits of obtaining EPR for Importers

While complying with EPR regulations may seem like an additional burden for importers, it also brings several benefits to your business:

Reputation and Brand Value

By actively participating in waste management initiatives, your business can enhance its reputation as a socially responsible entity. Consumers today are increasingly conscious of environmental issues, and supporting sustainable practices can significantly improve your brand value.

Regulatory Compliance

Complying with EPR regulations ensures that your business operates within the legal framework. Non-compliance can lead to penalties, fines, or even cancellation of import licenses. Adhering to these regulations demonstrates your commitment to being a responsible importer.

Resource Efficiency

Implementing effective waste management practices can lead to resource efficiency within your business operations. By recycling and reusing materials, you can reduce raw material consumption and associated costs.

Access to Green Markets

Many businesses today prefer to work with suppliers who have a strong commitment to sustainability. By complying with EPR obligations, you open doors to potential customers who prioritize environmental considerations in their supply chain.

Responsibility of Importers

As an importer, it is crucial to understand your responsibilities under EPR to ensure compliance with the law and contribute to sustainable waste management practices. Here are some key responsibilities you need to fulfill for EPR for importers:

Registration

In EPR for Importers, the Importers are required to register themselves with the Central Pollution Control Board (CPCB) or State Pollution Control Boards (SPCBs) within six months from the date of commencement of import. This registration enables authorities to track importers compliance with EPR obligations.

Collection Mechanism

In EPR for Importers, the importer must establish a collection mechanism for collecting post-consumer waste generated from their imported products. This can include tie-ups with local recyclers, setting up collection center efficiency, or participating in existing waste management networks. The collected waste should be sent to authorized recyclers for further processing.

Financial Responsibility

In EPR for Importers, the importers are also obligated to fulfill the financial aspects of EPR in India. They must contribute financially towards the establishment and management of the collection and recycling systems. The exact amount of financial responsibility is determined by the CPCB or SPCBs based on factors such as the type and quantity of imported plastic products.

Reporting and Record-keeping

In EPR for Importers, the Importers need to maintain records related to the quantities of plastic waste generated, collected, and recycled. They must submit periodic reports to the CPCB or SPCBs detailing their EPR compliance. These records play a crucial role in evaluating the effectiveness of waste management efforts.However, the EPR targets producers who have started sales operations recently, and the number of years of sales operations in their case is less than the average life of their products mentioned in the guidelines issued by CPCB from time to time, will have different targets. Once the number of years of sales operation equals the average life of the product mentioned in the guidelines issued by CPCB, their EPR obligation will be similar to the rest of the producers, as mentioned in the above table. The table below shows the targets of producers who have started sales operations recently.

Processing of Application

In order to get EPR for importers one should follow the steps given below:

  • In order to submit an EPR application form, the entity must provide complete information about itself, including its name and address.
  • The CPCB reviews the application and supporting Documents after they are submitted to ensure that all necessary information is included.
  • The EPR Authorization Certificate for Plastic Waste or E-Waste Management is issued by the relevant authority if it deems the application's information and submitted Documents to be sufficient.

Documents required for EPR for Importers

Covering all the bases is necessary to obtain the EPR registration. As a result, you must combine the appropriate Documents. Here is a list of the Documents required in order get EPR for importers:

  • Authorized Person's PAN card and Aadhar card.
  • GST registration
  • Sales history for the last ten years or since the company's inception, whichever is later
  • Except for the proprietorship, an authorization letter is required.
  • Certificate of Import Export Code (IEC)

EPR Certificate for Importers

The EPR certificate has recently proven to be a game-changer for waste management in the nation, assisting businesses to adhere to the rules and regulations set forth under the waste management rules and avoid legal issues. EPR helps them improve the sustainability and efficiency of their waste management practices.

Let's examine the main benefits of EPR certification

Establish Environmental Compliance

Most people would concur that the main driving force behind the enforcement of EPR regulations and compliances is the threat of legal repercussions because people will do anything to avoid legal wrangling that could prevent them from operating their businesses. They can follow the instructions provided in their EPR certificate to ensure environmental compliance and prevent breaking any laws.

Increase the Efficiency of Waste Management

Businesses now have a better understanding of how to collect, transport, recycle, and dispose of waste in a way that doesn't harm the environment or people's health thanks to the Extended Producer Responsibility policy. It directs them to implement measures to strengthen and organize their waste management framework.

Effective in terms of cost

Businesses frequently invest a sizable amount of resources into managing their waste but fail to do so because of the ineffective waste channelization system. EPR certification enables businesses to implement waste management strategies that are not only thorough but also affordable.

Licensing for EPR for Importers

Importers have a significant role to play in the management of waste under EPR regulations. By fulfilling your responsibilities, you not only comply with the law but also contribute to a sustainable future. Certain aspects under licensing for EPR for Importers are:

EPR Authorisation

Under the additional responsibilities of importers, they have to obtain EPR Authorisation from the CPCB after submitting an EPR action plan to the Board. It is now one of the responsibilities of importers to ensure a targeted collection generated by the products they import into the country.

Importer - Exporter Code

IEC is a crucial business identification number that importers require to import products to India. No export or import can be done without obtaining an IEC unless exempted explicitly by (the Directorate General of Foreign Trade) DGFT.

BIS Registration

For the import of electronics items (new as well as second hand, whether or not refurbished, repaired, or reconditioned) notified under the Electronics and Information Technology Goods (Requirement of Compulsory Registration) Order, 2012, the product must be registered with the Bureau of Indian Standards (BIS) and comply to the Labelling Requirements mandated by BIS.

EPR License Rejection/Cancellation

The respective authorities may revoke the EPR certification for the following reasons:

  • If importers are discovered to be breaking the 2016 plastic waste management (PWMs) rules.
  • If PIBOs and importers work with any unlicensed or unregistered entities.

In addition to these, the application fee will be increased if false information or Documents are submitted to the authorities, and for the year in which EPR registration is granted, the PIBO is required to meet the year- and category-specific EPR Targets listed in the registration certificate.

EPR for importers related to plastic waste management

A person who imports goods with plastic packaging, carry bags, multi-layered packaging, plastic sheets, or the like is referred to as an importer. EPR mandates that importers manage and get rid of any post-consumer plastic waste that results from their goods. This entails putting in place collection systems, collaborating with approved recyclers, and making sure that plastic waste is effectively recycled or disposed of safely. Promoting a circular economy by lowering waste production and raising recycling rates is the goal.

Benefits

Environmental benefits

EPR also helps the environment by ensuring the reduction of the use of natural and primary materials, the reuse and recycling of waste, the availability and use of recycled materials, and the creation of economic value from materials. A plastic product can be recycled with less energy than it would take to create a brand-new one from scratch. As a result, there is less air and water pollution.

Economic benefits

The need for new disposal facilities has grown as waste disposal has increased. With the onset of EPR, waste management companies are being supported, and importers are given incentives to use as much plastic waste as possible during the production process.

Social benefits

EPR benefits society because importers who collect and recycle plastic waste are seen favorably by the public. Building a solid relationship with customers is made easier for businesses by being a socially responsible brand. Consumers are now more likely to purchase environmentally friendly products as they become more aware of them. Here, EPR-compliant businesses advertise their recycling plans and boost the perception of their brands. Given the long-term advantages of this, more and more importers are moving in this direction.

EPR for importers related to Battery

The demand for the Battery has increased exponentially in recent years. To create long-term storage options that will facilitate the energy transition, investment has poured into the battery industry. Batteries are becoming a crucial storage tool to aid in the transition as the world increasingly replaces fossil fuel power with emission-free electrification. The use of electricity is expanding as renewable energy sources become more prominent. Large amounts of battery waste would be produced as a result. A proactive policy is needed to address the issue of rising battery waste. The Battery Waste Management Rules, 2022, were created by the government with this in mind. In order to ensure environmentally sound management of used batteries, the Ministry of Environment, Forests, and Climate Changes published the Battery Waste Management Rules, 2022 on August 22, replacing the Battery (Management and Handling) Rules, 2001. The term Extended Producer Responsibility describes the responsibility placed on all Battery Producers to dispose of Waste Battery in an environmentally sound manner in order to safeguard both human health and the environment from any potential negative effects of any substance present in Waste Battery.

EPR for importers related to e-waste

Every producer or importer of electric or electrical equipment must have an Extended Producer's Responsibility (EPR) certificate or license. It motivates producers to create products that are friendly to the environment. The Central Pollution Control Board (CPCB), a division of the MoEFCC, Government of India, issues EPR Authorization.

All manufacturers of Electrical and Electronics (EEE) products/equipment listed in Schedule 1 are required by the E-Waste (Management) Rules, 2016, to collect, recycle, and dispose of the final stage of their EEE product from a licensed dismantler/recycler.

Manufacturers and importers are required by the regulations to partner with the authorized recycler to dispose of E-Waste and to submit all plans pertaining to the estimated dump quantity and method to CPCB in order to obtain the EPR Certificate. In other words, the manufacturer of the product is in charge of its final recycling, reuse, or disposal.

Benefits

  • EPR encourages e-waste (Electrical and electronics waste) recycling and reuse, which lowers the cost of raw materials for producers and manufacturers.
  • EPR ensures that e-waste is managed in an environmentally friendly way, thereby reducing the negative effects of e-waste on the environment.
  • The Central Pollution Control Board's (CPCB) EPR Authorization enhances the product's and brand's market reputation.
  • EPR encourages sustainable development, which reduces waste production and resource waste.

EPR for importers related to waste tyres

The term EPR for Waste Tyres refers to the duty imposed on tire manufacturers to ensure that used tires are disposed of in an environmentally sound manner to protect human health and the environment from any potential harm. It is used to describe the obligation placed on tire manufacturers to ensure environmentally sound management of waste tires in order to safeguard public health and the environment from any potential negative effects.

The Ministry of Environment, Forest, and Climate Change introduced the Hazardous and Other Wastes Amendment Rules, 2022 for Extended Producer Responsibility (EPR) for Waste Tyre.

Benefits

  • Lessens the need for other waste disposal techniques like burning or burial.
  • EPR reduces the financial and physical burden of managing waste on regional governments.
  • Ensures that products and their components are properly recycled and refurbished.
  • Helps make product disassembly simpler and faster.

A key component of EPR registration is the Waste Tyre Management Plan, which outlines methods for the ethical management of used tires. The following essential components are part of the plan:

Collection and Preservation

The plan outlines importers for gathering and securely storing used tires from customers, merchants, and other sources.

Recycling and transport

Transporting the gathered waste tires to designated recycling facilities or processing facilities is the responsibility of the producers. Recycling aims to remove valuable materials and reduce their negative effects on the environment.

Recycling or Disposal

The plan addresses how to properly dispose of used tires in a way that respects the environment and complies with waste management regulations. It might also look into possibilities for reusing specific waste tire components.

Reporting and Auditing

EPR-registered producers are required to keep thorough records of their activities involving the management of waste tires and to report on a regular basis to the regulatory authorities. The Waste Tyre Management Plan may also be subject to routine audits to ensure compliance.

How can Corpbiz assist you?

Corpbiz guarantees to uphold transparency while providing you with full support throughout the application and paper works process. Utilize Corpbiz's unparalleled services at your convenience. We assist people in obtaining EPR authorization by providing specialized services. Our team of experts deals with these problems, provides truthful guidance to our clients without embellishing the facts, and provides the certificate and license within a reasonable amount of time.

Frequently Asked Questions

The term Extended Producer Responsibility refers to a Producers, Importers and Brand Owners obligation to channel in a way that promotes environmentally responsible waste management. EPR is an environmental policy strategy that holds roducers, Importers and Brand Owners accountable for product management throughout the product's lifecycle.

The Indian government's EPR (Extended Producer Responsibility) environmental policy holds importers and producers accountable for managing the waste in an environmentally friendly way, including collection, transportation, recycling, and deposition.

EPR for importers is important because it promotes waste reduction and environmental impact more broadly. It does this by ensuring responsible manufacturing practices, which in turn enable proper collection and disposal of items after use.

Businesses that violate EPR regulations may face legal repercussions. All producers, importers, and brand owners must complete their EPR registration with the Central Pollution Control Board (CPCB) and adhere to their EPR obligations in accordance with Indian law. Fines, penalties, or even imprisonment could be imposed for failure to comply.

EPR transfers some or all of the cost of managing post-use products from local governments to the producing sector. Using the polluter pays theory as its foundation, it holds waste producers accountable for the recycling and disposal of their waste.

The goal of extended producer responsibility (EPR) is to hold product manufacturers financially accountable for different stages of the life cycle of their products, such as take-back, recycling, and final disposal at the end of their useful lives.

EPR implementation promotes sustainable business practices and holds organizations accountable for waste management. It encourages efficient collection techniques, recycling facilities, and educational initiatives, which relieve landfill pressure, conserve resources, and reduce pollution.

For Importers and manufacturers, it is mandatory to obtain the EPR certificate to manage efficiently. EPR Authorization is provided by CPCB or Central Pollution Control Board under the Ministry of Environment, Forest and Climate Change (MoEFCC), Government of India.

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