EPR Registration for Producers and Brand Owners

EPR Registration for Producers and Brand Owners

EPR means the responsibility of a producer and brand owners for the environmentally sound management of the product until the end of its life. EPR is a method of environmental protection in which producers are in charge of all aspects of the lifecycle of their products, particularly recycling and disposal, after consumers have determined that the products are no longer useful.

The following can register on the centralized portal made by CPCB:

• Producer (P)
• Importer (I)
• The brand owner (BO)
• Plastic Waste Processor involved in (a) recycling, (b) waste to energy, (c) waste to oil, and (d) industrial composting.

Who is a Producer and a Brand Owner?

Producer means persons engaged in the manufacture of a product for which they are liable for the entire life cycle of the product and especially for the take back, recycling and final disposal of the product.

The role producers play in an EPR system varies with the regulatory mechanism used and the type of responsibilities assigned to producers under it. Most commonly, producers are responsible for paying for all or part of the costs of managing their waste products and for meeting any regulatory requirements set by the government. Where producers are required to run a waste management program for their products, they are also responsible for designing and managing that program.

A Brand Owner is a person or company who is engaged in selling any commodity under a registered brand label or trademark. According to the standards of the Ministry of Micro, Small and Medium Enterprises of the Government of India, Brand Owners (BO) include online platforms/marketplaces and supermarkets/retail chains other than those that are micro and small enterprises.

To fulfill their obligations and comply with environmental laws, brand owners must prioritize EPR Registration. It makes sure that companies are accountable for the waste created throughout the lifecycle of their products.

Documents required

One must submit Documents when applying for EPR registration, along with the numerous legal and regulatory requirements. Avoid last-minute delays in any paper works that the Central Pollution Control Board requires with the support of Coprbiz. The Documents required are:

• PAN, GST, CIN, IEC of the Company
• Aadhar/ PAN of Authorized person
• IDIC Registration (if unit registered with DIC)
• Diagram of the Process flow(only for producers)
• Consents issued by SPCB/ PCC (if the unit has a production facility)
• Scan copy of signatures of authorized persons.
• Covering letter

EPR Registration for Producers and Brand Owners related to Plastic Waste

As per the Plastic Waste Management Rules, the Extended Producer's Responsibility (EPR) for the management of plastic waste packaging is entrusted to the PIBOs who bring the products to the market. They are required to establish a system for the management of plastic waste generated by their products by engaging with local bodies. Local bodies are responsible for setting up the Plastic Waste Management system with assistance from Producers and Brand Owners.

The Plastic Waste Management (PWM) Rules of 2016 offer a legal framework for the management of the nation's plastic waste production. The provisions of these Rules emphasize plastic waste minimization, source segregation, and recycling, involving waste pickers, recyclers, and waste processors in collecting the plastic waste fraction either from households or any other source of its generating or intermediate material recovery facility and adopt polluter's pay principle for the sustainability of the waste management system.

As per the Plastic Waste Management (PWM) Rules, the PIBOs have to work out modalities for waste collection systems on the basis of Extended Producers Responsibility (EPR). EPR means the responsibility of a producer (brand owners) for the environmentally sound management of the product until the end of its life. Further, the Producer and Brand owners are required to obtain Registration from CPCB/ SPCBs/PCCs (as the case may be) prior to the start of production. The PIBOs need to apply for Registration in Form I along with the Action Plan for Plastic Waste Management.

The following plastic packaging categories are covered under EPR:

• Rigid plastic packaging.
• Flexible plastic packaging with one or more layers of different types of plastic, plastic sheets or the like, and covers made of plastic sheets, plastic sachets, carry bags, or plastic pouches are all examples of this type of packaging.
• Packaging made of several layers of plastic, including at least one layer of plastic and one layer of another material.
• Plastic sheet or carry bags made of compostable plastics.

Pre-consumer plastic packaging waste	Post-consumer plastic packaging waste
Pre-consumer plastic packaging waste is defined as plastic packaging waste produced in the form of reject or discard during the manufacturing stage of plastic packaging, as well as pre-consumer plastic packaging waste produced during product packaging, including reject and discard.	Post-consumer plastic packaging waste means the generation of plastic packaging waste by the end-use consumer after the intended use of packaging is completed and is no longer being used for its intended purpose.

Processing of application

After receiving the application, within seven working days, CPCB must examine and notify the applicant of any shortcomings, if any. Within CPCB, all concerned officials are required to respond within two working days of receipt of the required Documents.

The application will be deemed withdrawn if there is no response from the applicant within thirty days of receiving the CPCB's communication.

The Registration certificate shall be deemed to be generated if, in the event that the CPCB does not reply to the applicant within one month of receiving the complete application at its office, the Registration certificate will be deemed to have been generated. Within CPCB, the reason for the delay shall be examined, and the official responsible for the delay shall be required to give explanations for the same.

EPR Registration for Producers and Brand Owners related to E-waste

Under the E-Waste (M) Rules, 2016, 'Electrical and Electronic Equipment' (EEE) means equipment that is dependent on electric current or electromagnetic field to become functional. Electronic Waste (E-Waste) is defined as electrical and electronic equipment that has been rejected during the manufacturing, refurbishment, or repair processes as well as discarded as waste in whole or in part by the consumer or bulk consumer.

E-waste can cause health risks and damage to the environment if the E-waste is opened up and attempts are made to retrieve useful components or material in an un-scientific manner or if the material is disposed of in the open. The electronic and electrical equipment, after their useful life, may not cause any harm if stored safely.

Features of the E-Waste (Management) Rules, 2016

The characteristics of the E-Waste (Management) Rules, 2016 are as follows:

• Extended Responsibility to producers for managing a system of E-waste collection and channelization through EPR Authorisation.
• To promote and encourage the establishment of an efficient e-waste collection mechanism
• Promote Environmentally Safe and sound Recycling by channelizing E-waste to dismantlers who are authorized recyclers of e-waste.
• To reduce illegal recycling/recovery operations
• Minimize Hazardous substances in Electrical and Electronic components.

Producers and Brand Owners under E-waste Rules

Under E-Waste rules, producer and brand owner means any person who, irrespective of the selling technique used, such as a dealer, e-retailer, retailer, etc.

• Manufactures and offers to sell electronic equipment and electrical along with their components or consumables or parts or spares under its own brand.
• Offering to sell assembled electrical and electronic equipment, along with any related consumables, spare parts, or accessories, under its own brand or
• Offering to sell electrical and electronic equipment, as well as their parts, accessories, and consumables.

EPR Registration for Producers and Brand Owners related to Battery

Any source of electrical energy produced by the direct conversion of chemical energy, including disposable primary and/or secondary batteries, is referred to as a battery and includes new or refurbished cells, batteries, and/or their components, including accumulators.

Waste Battery consists of:

• A used or end-of-life battery, as well as any of its parts, accessories, or consumables, whether or not they pose a risk to health.
• Pre-consumer off-spec batteries, as well as any of its parts, accessories, or consumables.
• The battery that has reached the end of its useful life.
• Battery that the user has thrown away.

Producers and Brand Owners under Battery Rules

Producer or brand owner means an entity that engages in:

• The manufacturing and sale of batteries under its own brand, including refurbished batteries and batteries for equipment.
• The sale of battery, including refurbished battery, in equipment made by other manufacturers or suppliers under its own brand

Registration from CPCB

As per Rule 4 (4) Battery Waste Management Rules 2022, the person or an entity involved in the manufacturing of Battery shall have to register through the online centralized portal as a Producer in Form 1(A). The certificate of registration shall be issued in Form 1(B)

EPR Registration for Producers and Brand Owners related to Tire

Ministry of Environment, Forest and Climate Change (MoEFCC) has brought the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, vide Notification No. General Statutory Rules (G.S.R.) 593(E) dated 21.07.2022. The amendments have provisions for the utilization and management of waste tires through a regime of Extended Producer responsibility as per schedule IX of these Rules.

As per Hazardous and Other Wastes, (Management and Transboundary Movement) Amendment Rules, 2022, a Producer and Brand owners shall be responsible for the fulfillment of extended producer responsibility by purchasing extended producer responsibility certificates from registered recyclers only. On or before the end of the month following the quarter to which the return relates, the producer shall be responsible for submitting annual and quarterly returns in the forms as specified by the Central Pollution Control Board on the portal, and each registered entity shall be required to submit the quarterly return.

Producers and Brand Owners under Hazardous and Other Wastes Amendment Rules, 2022

Management and Transboundary Movement

As per the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, a Producer (brand owner) means any person or entity who:

• Manufactures and sells new tires domestically or
• Sells domestically under its own brand, new tires manufactured by other manufacturers or suppliers, or
• Sells imported new tires or
• Imports vehicles fitted with new tires or
• Automobile manufacturers importing new tires for use in new vehicles sold domestically or
• Imports waste tires

Challenges for Producers and Brand Owners

EPR registration presents a potential solution for effectively managing waste, but it also comes with some difficulties that a Producer and Brand Owner may encounter. Some of the issues for brand owners and producers are:

Lack of Knowledge

One of the major barriers to EPR registration in India is a lack of knowledge among producers, consumers, and local authorities. Many stakeholders are still unaware of their responsibilities and how crucial EPR is to managing waste in an efficient manner.Issues with compliance

For producers and Brand Owners, ensuring complete compliance with EPR obligations can be difficult, especially when it comes to achieving collection and recycling goals, managing data and reporting requirements, and working with the appropriate authorities.

Scalability

Scalability of EPR programs becomes a problem as they cover more products and industries. Careful planning and coordinating are important to ensure the efficiency and effectiveness of EPR implementation across various sectors and regions.

Waste Management System Fragmentation

India's waste management systems, which involve numerous agencies operating at various levels, are frequently disorganized. Coordination between these entities and getting them to adhere to the rules can be challenging.

Financial Restraints

To implement EPR Registration, investments must be made in public awareness initiatives, recycling facilities, and collection facilities. Small and medium-sized producers may find it challenging to pay for these costs.

Benefits of EPR Registration for Producers and Brand Owners

EPR registration for Producer and Brand owners ensures that companies take an active role in minimizing the use of hazardous materials in their products, promoting recycling, and reducing waste. Some of the benefits of Producers and Brand owners

Environmental protection

EPR registration for Producer and Brand owners ensures that companies take an active role in minimizing the use of hazardous materials in their products, promoting recycling, and reducing waste. This helps to protect the environment and natural resources for upcoming generations.

Cost reduction

Businesses can access networks and infrastructure for recycling through EPR registration, which can lower the cost of waste management. Businesses can optimize resource use and streamline operations by putting effective waste management practices into place.

Legal Responsibilities

EPR makes sure that laws are followed, protecting businesses from fines or legal repercussions. By upholding their EPR obligations, businesses safeguard their reputations and keep good relations with regulatory bodies.

Stronger brand image

EPR registration for Producer and Brand owners demonstrates a business's dedication to sustainability and environmental stewardship.

Responsibilities of the Producers and Brand Owners

Understanding your obligations under EPR as a Producer and Brand Owner is essential if you want to follow the law and support sustainable waste management techniques. You must carry out the following major duties for Producers and Brand Owners:

Maintaining Records

The Producers and Brand Owners must keep track of the amounts of plastic waste that are produced, gathered, and recycled. The CPCB or SPCBs must receive periodic reports from them outlining their EPR compliance. These records are essential for assessing the success of waste management initiatives.

Collecting mechanism

The Producers and Brand Owners must set up a system for gathering the post-consumer waste produced by their goods. This may entail partnerships with regional recyclers, improving the effectiveness of collection centres, or joining already-established networks for waste management. Sending the collected waste to authorized recyclers for additional processing is recommended.

Monetary responsibility

Producer and Brand Owners must financially support the creation and administration of the systems for collection and recycling. Based on variables like the kind and quantity of imported plastic products, the CPCB or SPCBs determine the precise amount of financial responsibility.

Registration with the Concerned Authority

Within six months of the date the import process began, the Producer and Brand Owners must register with the Central Pollution Control Board (CPCB) or State Pollution Control Boards (SPCBs). Authorities can monitor importers' adherence to EPR requirements thanks to this registration.

How can Corpbiz assist you?

Corpbiz takes pride in being your go-to EPR (Extended Producer Responsibility) Registration partner. Our committed team will support your company every step of the way, as we specialize in assisting our clients in the registration process. EPR Registration and compliance Services for Plastic Waste, Battery Waste, E-Waste, and Waste Tyres are provided by Corpbiz Consultants. Corpbiz provides assistance in:

• Advising on the Appropriateness of EPR Authorization.
• Quick delivery of EPR Certificate and without issue within the specified timeframe.
• Monthly compliances after registration must be followed.
• Achieving EPR targets.