The Ministry of Environment, Forest, and Climate Change (MoEFCC) has released a draft of the Environment Protection (Extended Producer Responsibility for Packaging) Rules, 2024. Unveiled on December 6, 2024, these proposed rules are set to become effective from April 1, 2026, aiming to revolutionize packaging waste management across India.
Focus on Extended Producer Responsibility (EPR)
The draft regulations emphasize the Extended Producer Responsibility (EPR) principle, making Producers, Importers, and Brand Owners (PIBOs) accountable for the entire lifecycle of packaging materials. This responsibility covers a broad spectrum of materials, including paper, glass, metal, and sanitary products. PIBOs must ensure sustainable production, proper collection, recycling, and disposal of packaging waste, thereby supporting circular economy initiatives.
The framework sets clear collection and recycling targets for stakeholders, encouraging the adoption of eco-friendly packaging designs and increased use of recycled content to minimize environmental impact and promote resource conservation.
EPR Specific to Plastic Packaging
While these draft rules cover various packaging materials, plastic packaging is regulated separately under dedicated EPR regulations. Plastic Packaging EPR requires brands and producers to manage plastic waste responsibly throughout its lifecycle. For detailed guidance on this, you can visit our dedicated page on EPR Registration for Plastic Waste.
Legal Foundation and Scope
These draft rules are issued under the Environment Protection Act, 1986, particularly Sections 3, 6, and 25, empowering the government to establish waste management protocols. MoEFCC has invited public comments on the draft for 60 days, encouraging stakeholders to provide feedback before finalization.
The rules will apply from April 1, 2026, to the following entities:
- Producers (P): Companies manufacturing packaging using specified materials.
- Importers (I): Businesses importing packaging or sanitary products for use in India.
- Brand Owners (BO): Companies packaging their products with these materials.
- Waste Processors: Entities engaged in recycling or converting packaging waste into reusable forms.
Key Definitions and Material Coverage
To ensure transparency and accountability, the draft defines:
- Brand Owners: Businesses selling goods under registered trademarks.
- Waste Categories: Differentiating pre-consumer (industrial) and post-consumer (household) waste to emphasize comprehensive lifecycle management.
- Recyclers: Organizations converting waste into raw materials for reuse.
- Sanitary Products: Including items like diapers and sanitary napkins, to address hygiene waste.
Materials under the draft include paper, glass, metal, and sanitary products. Plastic packaging remains outside this scope, regulated separately.
Mandatory Registration and Compliance
A critical feature of the draft rules is mandatory registration for all PIBOs and waste handlers involved with packaging materials. Highlights include:
- A centralized EPR registration and compliance monitoring portal managed by the Central Pollution Control Board (CPCB).
- Dual oversight: CPCB supervises multi-state entities, while State Pollution Control Boards (SPCBs) oversee single-state entities.
- Annual submission of compliance reports to track progress and ensure adherence to EPR targets.
EPR Targets and Stakeholder Responsibilities
1. EPR Recycling and Reuse Targets
Producers, Importers, and Brand Owners (PIBOs) are mandated to meet progressively stringent Extended Producer Responsibility (EPR) targets:
- By the financial year 2026-27, at least 70% of the packaging waste generated must be collected, recycled, or reused.
- This target will escalate to 100% by 2028-29, promoting full circularity in packaging waste management.
- Additionally, PIBOs must progressively increase the proportion of recycled materials incorporated into their packaging products, supporting sustainable production cycles.
2. Responsibilities of PIBOs
To fulfill these obligations, PIBOs must:
- Establish and maintain effective waste collection systems, working in partnership with urban local bodies and authorized recyclers.
- Secure EPR certificates from authorized recyclers as proof of compliance.
- Ensure that sanitary products are managed and disposed of through environmentally safe processes.
3. Incentives and Market-Based Flexibility
Entities surpassing their EPR targets earn surplus EPR certificates, which can:
- Be carried forward to fulfill future compliance requirements.
- Be traded on a dedicated electronic platform managed by the Central Pollution Control Board (CPCB), enabling a flexible, market-driven compliance mechanism.
This incentivizes proactive waste management while fostering collaboration among industry players to collectively minimize environmental impact.
Key Regulations and EPR Guidelines in India
India’s Extended Producer Responsibility system operates primarily under the Plastic Waste Management Rules, 2016, which assign responsibility for plastic waste collection and recycling to PIBOs. These rules include:
- Specific annual targets for plastic waste collection and recycling.
- Mandatory registration with State Pollution Control Boards (SPCBs) and the centralized EPR portal managed by CPCB.
- Requirements for using recycled content in plastic products and packaging, encouraging design for sustainability.
Under the 2025 EPR Guidelines, companies are expected to:
- Implement efficient plastic waste collection and segregation systems.
- Collaborate closely with recyclers to facilitate effective reprocessing.
- Innovate product and packaging designs to enhance recyclability and reduce environmental footprint.
Though these regulations present operational challenges, they drive innovation and promote partnerships across the plastic waste management ecosystem, encouraging responsible production and consumption patterns.
The Need for Extended Producer Responsibility (EPR)
The urgency for robust EPR frameworks stems from the global plastic pollution crisis. According to the OECD Global Plastics Outlook 2022:
- Of the 460 million tonnes of plastic produced annually worldwide, only 9% is recycled.
- Approximately 50% ends up in landfills, while 22% escapes into the environment, contributing to microplastic contamination.
- This environmental leakage threatens ecosystems, human health, and critical natural processes like ocean carbon sequestration.
EPR initiatives aim to mitigate these impacts by:
- Promoting circular production and consumption models.
- Encouraging product designs that prioritize reuse and recyclability.
- Supporting deposit return schemes and product take-back programs to prevent leakage.
Features of an Effective EPR Framework
A robust EPR system includes:
- Clearly defined, measurable targets across different plastic product categories.
- Enforcement mechanisms with penalties for non-compliance to ensure accountability.
- Use of penalty revenues to enhance waste management infrastructure.
- Integration with broader environmental policies, such as bans on single-use plastics and circular economy initiatives.
By aligning producer responsibility with environmental sustainability goals, EPR frameworks stimulate innovation, reduce plastic waste, and foster a healthier ecosystem.
Implementation of Plastic Packaging EPR in India
The concept of Extended Producer Responsibility (EPR) for plastic packaging was initially introduced under the Plastic Waste Management Rules, 2016. Since then, the framework has evolved with a draft EPR policy released in 2020, followed by detailed guidelines issued in February 2022 to strengthen plastic waste management.
Registration Requirements on the CPCB Portal
Under the EPR regulations, the following entities are mandated to register on the Central Pollution Control Board (CPCB) portal:
- Producers (P): Manufacturers involved in producing plastic packaging materials.
- Importers (I): Entities importing plastic packaging or plastic-encased products into India.
- Brand Owners (BO): Companies marketing products under registered brands or trademarks.
- Plastic Waste Processors (PWP): Organizations engaged in recycling, waste-to-energy conversion, or composting of plastic waste.
Categories of Plastic Packaging under EPR
Plastic packaging materials are classified into the following categories to facilitate targeted management:
- Category I: Rigid plastic packaging materials.
- Category II: Flexible plastic packaging, including single or multilayer sheets, covers, and carry bags.
- Category III: Multi-layered packaging comprising both plastic and non-plastic components.
- Category IV: Compostable plastic sheets and carry bags.
- Category V: Biodegradable plastics, as introduced in the 2022 Plastic Waste Management Gazette Notification.
Types of Plastic Packaging Waste
- Pre-Consumer Waste: Generated during manufacturing or packaging processes, including rejects, scraps, and discards before reaching consumers.
- Post-Consumer Waste: Waste produced after the product has been used by consumers, when the packaging is discarded.
This structured classification enables a comprehensive approach to plastic waste lifecycle management under the EPR framework.
Step-by-Step Guide to the EPR Process
1. Registration:
- Register on the CPCB portal by submitting all required documentation.
- Obtain the registration certificate that defines periodic EPR targets for compliance.
2. Meeting EPR Targets:
- PIBOs (Producers, Importers, Brand Owners) must meet specified recycling and collection targets.
- Collaborate with CPCB-authorized entities such as certified recyclers and waste processors to fulfill obligations.
3. Annual Return Filing:
- Submit detailed annual returns through the CPCB portal within prescribed timelines.
- Reports must disclose quantities of plastic packaging waste collected, recycled, or processed.
Key Responsibilities Under EPR
- Mandatory Registration: PIBOs must register and receive a valid EPR registration certificate before commencing operations.
- Action Plan Submission: Develop and submit a detailed EPR action plan with category-wise targets and packaging details.
- Accurate Record-Keeping: Maintain comprehensive records on all plastic packaging handled, including procurement and distribution.
- Annual Reporting: File exhaustive annual compliance reports on plastic waste management performance.
- Strict Compliance: Engage only with registered recyclers and processors, and register separately for each category where non-compliance occurs.
Conclusion
The future of Extended Producer Responsibility (EPR) in India is promising, with technological advancements like blockchain and IoT poised to enhance transparency and traceability in plastic waste management. This evolving framework is set to invigorate the market for recycled plastics across diverse sectors such as textiles and automotive, driving innovation and sustainability. Although implementing EPR poses certain challenges, it marks a pivotal transformation in India’s plastic value chain. For the recycling industry, EPR not only delivers substantial environmental benefits but also opens up lucrative economic opportunities, fostering a sustainable and financially viable model for plastic waste management.
FAQs
1. What is Extended Producer Responsibility (EPR) for plastic waste, and how is it implemented in India?
EPR is a policy framework that makes producers responsible for managing the post-consumer lifecycle of their products, including collection, recycling, and disposal. In India, EPR mandates that producers and brand owners take responsibility for the plastic waste they generate by ensuring its effective collection and environmentally sound processing.
2. How does EPR for plastic waste impact plastic producers and brands in India?
EPR holds producers and brands accountable for their plastic waste footprint. Companies must establish collection systems, partner with authorized recyclers, and design packaging that is easier to recycle. These measures help reduce plastic pollution and promote circular economy practices.
3. Which regulations govern EPR for plastic waste management in India?
The Plastic Waste Management Rules, 2016, along with its amendments in 2018 and 2021, form the regulatory backbone for EPR in India. These rules define waste collection and recycling targets, require mandatory registration with Pollution Control Boards, and encourage the use of recycled content in plastic products.
4. What are the key challenges in implementing EPR for plastic waste in India?
Challenges include a lack of comprehensive data on plastic waste, inadequate segregation and recycling infrastructure, and limited public awareness. Overcoming these obstacles requires coordinated efforts among government bodies, industry players, and civil society to strengthen the plastic waste management ecosystem.
