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TMI BlogRestrictions on import of products made of plasticX X X X Extracts X X X X X X X X Extracts X X X X ..... e Notification dated 16.02.2022 (Copy enclosed). 2. The key changes in the notification dated 12.08.2021, relating to import are listed below: (i) Rule 4(1)(c): Carry bag made of virgin or recycled plastic, shall not be less than seventy-five microns in thickness with effect from the 30th September, 2021 and one hundred and twenty (120) microns in thickness with effect from the 31st December. 2022. (ii) Rule 4 (2): The manufacture, import, stocking, distribution, sale and use of following single use plastic (SUP), including polystyrene and expanded polystyrene. commodities shall be prohibited with effect from the 1st July, 2022: (a) Ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks. polystyrene [Thermocol] for decoration. (b) Plates, cups, glasses, cutlery such as forks. spoons, knives, straw, trays. wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron. stirrers. (iii) Rule 4(3): The provisions of sub-rule (2) (b) shall not apply to commodities made of compostable plastic. 3. Further, Rule 6 of the Plastic Was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd balances are put in place to ensure that consignment of imports of aforementioned banned SUP items are not cleared but seized immediately with effect from the date specified under the aforesaid notification. Enel. : As above Yours faithfully, Sd/- (Tanmay Kumar) Chairman Enclosure-II MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 12th August, 2021 G.S.R. 571(E). Whereas the draft rules to amend the Plastics Waste Management Rules, 2016, were published in the Gazette of India, Extraordinary, dated the 11th March, 2021 vide notification number GSR 169(E), inviting objections and suggestions from all persons likely to be affected thereby within a period of sixty days from the date copies of the Gazette containing the said draft rules were made available to the public; And whereas, copies of the Gazette containing the said draft rules were made available to the public on the 11th March, 2021; And whereas, objections and suggestions received within the aforesaid period have been duly considered by the Central Government; Now, therefore, in exercise of the powers conferred by Sections 6, 8 and 25 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be inserted; (iv) in clause (h), after the words, compostable plastic carry bags , the words or commodities or both shall be inserted; (v) after clause (i). following clause shall be inserted, namely :- (j) non-woven plastic carry bag shall not be less than 60 Gram Per Square Meter (GSM) with effect from the 30th September, 2021. ; (b) after sub-rule (1), the following sub-rules shall be inserted, namely :- (2) The manufacture, import, stocking, distribution, sale and use of following single- use plastic, including polystyrene and expanded polystyrene, commodities shall be prohibited with effect from the 1st July, 2022 :- (a) ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene [Thermocol] for decoration; (b) plates, cups, glasses, cutlery such as forks, spoons, knives, straw, trays, wrapping or packing films around sweet boxes, invitation cards, and cigarette packets, plastic or PVC banners less than 100 micron, stirrers. (3) The provisions of sub-rule (2)(b) shall not apply to commodities made of compostable plastic. (4) Any notification prohibitin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16 and subsequently amended vide notification number GSR 285(E), dated the 27th March, 2018. Enclosure-III MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 16th February, 2022 G.S.R. 133(E). In exercise of the powers conferred by sections 3, 6, and 25 of the Environment (Protection) Act 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Plastic Waste Management Rules, 2016, namely : - 1. (1) These rules may be called the Plastic Waste Management (Amendment) Rules, 2022. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Plastic Waste Management Rules, 2016 (hereinafter referred to as the said rules), in rule 9, in sub-rule (1), for the words as per guidelines issued under these rules from time to time , the words as per guidelines specified in SCHEDULE II shall be substituted. 3. In the said rules, after SCHEDULE I, the following Schedule shall be inserted namely :- SCHEDULE II [See Rule 9(1)] Guidelines on Extended Producer Responsibility for Plastic Packaging I. Background : (1.1) The Ministry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Carry Bags (covered under Category II of plastic packaging - Clause (5.1) (II)) means bags made from plastic material or compostable plastic material, used for the purpose of carrying or dispensing commodities which have a self-carrying feature but do not include bags that constitute or form an integral part of the packaging in which goods are sealed prior to use; (d) End of Life disposal means using plastic waste for generation of energy and includes co-processing (e.g. in cement kilns) or waste to oil or for road construction as per Indian Road Congress guidelines, etc.; (e) Extended Producer Responsibility means the responsibility of a producer for the environmentally sound management of the product until the end of its life; (f) Importer means a person who imports plastic packaging product or products with plastic packaging or carry hags or multilayered packaging or plastic sheets or like; (g) Plastic means material which contains as an essential ingredient a high polymer such as polyethylene terephthalate, high density polyethylene. Vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsibility obligations and provisions of these guidelines namely :- (i) Producer (P) of plastic packaging; (ii) Importer (I) of all imported plastic packaging and/or plastic packaging of imported products; (iii) Brand Owners (BO) including online platforms/marketplaces and supermarkets/retail chains other than those, which are micro and small enterprises as per the criteria of Ministry of Micro. Small and Medium Enterprises, Government of India; (iv) Plastic Waste Processors 5. Coverage of Extended Producer Responsibility : (5.1) The following plastic packaging categories are covers under Extended Producer Responsibility : (i) Category I Rigid plastic packaging; (ii) Category II Flexible plastic packaging of single layer or multilayer (more than one layer with different types of plastic), plastic sheets or like and covers made of plastic sheet, carry bags, plastic sachet or pouches; (iii) Category III Multilayered plastic packaging (at least one layer of plastic and at least one layer of material other than plastic); (iv) Category IV Plastic sheet or like used for packaging as well as carry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar sub-category mentioned in clause 6.1. then these units shall also be registered separately. However, only one registration under a sub-category in a state would be needed, even if. more than one unit are located in a state. The registration shall be as per Standard Operating Procedure laid down by Central Pollution Control Board for the purpose, as per these Guidelines. (6.6) While registering, the entities shall have to provide PAN Number. GST Number. CIN Number of the company and Aadhaar Number and PAN Number of authorized person or representative and any other necessary information as required. 7. Targets for Extended Producer Responsibility and obligations of Producers, Importers Brand-Owners : (7.1) The Extended Producer Responsibility targets for the Producers. Importers Brand-Owners shall be determined category-wise. (7.2) Producer (P): (a) Extended Producer Responsibility target (Refer examples 1 to 3 in Annexure) : Eligible Quantity in MT (Q 1) shall be the average weight of plastic packaging material (category-wise) sold in the last two financial years (A) plus average quantity of pre-consumer plastic packaging waste in the last two finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to oil. cement kilns (for co-processing) etc. as per relevant guidelines issued by Indian Road Congress or Central Pollution Control Board from time to time. (ii) The producers shall ensure end of life disposal of the plastic packaging waste only through methodologies specified in Rule 5(1)(b) of Plastic Waste Management Rules, 2016, (d) Obligation for use of recycled plastic content (Refer example 6 in Annexure) The Producer shall ensure use of recycled plastic in plastic packaging category-wise as given below namely :- Mandatory use of recycled plastic in plastic packaging (% of plastic manufactured for the year) Plastic packaging category 2025-26 2026-27 2027-28 2028-29 and onwards Category I 30 40 50 60 Category II 10 10 20 20 Category III 5 5 10 10 In cases, where it is not possible to meet the obligation in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2027-28 and onwards Category I 50 60 70 80 Category II 30 40 50 60 Category III 30 40 50 60 Category IV 50 60 70 80 In case of Category IV plastic packaging category (plastic sheet or like used for packaging and carry bags made of compostable plastics), the minimum level of recycling means processing plastic packaging waste for composting through industrial composting facilities. (c) End of life disposal (refer examples 2 to 3 in Annexure) (i) Only those plastics, which cannot be recycled will be sent for end of life disposal such as road construction, waste to energy, waste to oil as per relevant guidelines issued by Indian Road Congress or Central Pollution Control Board from time to time. (ii) The importer shall ensure end of life disposal of the plastic packaging waste only through methodologies specified in rule 5(1)(b) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lution Control Board. (b) Obligation for reuse (refer examples 4 and 5 in Annexure) : I. The Brand Owner using Category I (rigid) plastic packaging for their products shall have minimum obligation to reuse such packaging as given below : - Provided that the reuse of Category I rigid plastic packaging in food contact applications shall be subject to regulation of food Safety and Standards Authority of India. (II) Minimum obligation to reuse for Category I (rigid plastic packaging). Year Target (as per centage of Category I rigid plastic packaging in products sold annually) A Category I rigid plastic packaging with volume or weight equal or more than 0.9 liter or kg but less than 4.9 litres or kg, as the case may be I 2025 - 26 10 II 2026-27 15 III 2027-28 20 IV 2028-29 and onwards 25 B Category I rigid plastic packagin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e) (i) Only those plastics, which cannot be recycled will be sent for end of life disposal such as road construction, waste to energy, waste to oil, as per relevant guidelines issued by Indian Road Congress or Central Pollution Control Board from time to time. (ii) The Brand Owner shall ensure end of life disposal of the plastic packaging waste only through methodologies specified in rule 5(1) (b) of the Plastic Waste Management Rules, 2016. as amended. (e) Obligation for use of recycled plastic content (refer example 6 in Annexure) (i) The Brand Owner shall ensure use of recycled plastic in plastic packaging, category-wise, as given below namely : Mandatory use of recycled plastic in plastic packaging (% of manufactured plastic for the year) Plastic packaging category 2025-26 2026-27 2027-28 2028-29 and onwards Category I 30 40 50 60 Category II 10 10 20 20 Category III ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsibility certificates, carry forward and offsetting against previous year Extended Producer Responsibility targets and obligations, and sale and purchase of surplus Extended Producer Responsibility certificates : (8.1) A Brand Owner who has fulfilled their Extended Producer Responsibility targets, category-wise, can use the surplus for the following namely : - (i) Offsetting previous year shortfall subject to clause 9.5; (ii) Carry forward for use in succeeding year; (iii) Sell it to other Producers. Importers Brand-Owners. (8.2) Surplus in one category can only be used for off-setting, carry forward and sale in the same category. A surplus under reuse can be used for against reuse, recycling and also end of life disposal. A surplus under recycling can be used for recycling and end of life disposal. A surplus under end of life disposal cannot be used for reuse or recycle. (8.3) Producers, Importers Brand-Owners can also meet their Extended Producer Responsibility obligations under a category by purchasing surplus Extended Producer Responsibility certificates from other Producers. Importers Brand-Owners of the same category. (8.4) Such transactions shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year will be carried forward to the next year for a period of three years. In case, the shortfall of Extended Producer Responsibility obligation is addressed within three years. The environmental compensation levied shall be returned to the Producers. Importers Brand-Owners as given below, namely (i) Within one year of levying of EC: 75% return : (ii) Within two years 60% return; (iii) Within three years 40% return, After completion of three years on environmental compensation getting due the entire environmental compensation amount shall be forfeited. This arrangement shall allow for collection and recycling of plastic packaging waste by Producers, Importers Brand-Owners in later years as well. (9.6) The funds collected under environmental compensation shall be kept in a separate Escrow account by Central Pollution Control Board or State Pollution Control Board or Pollution Control Committee. The funds collected shall be utilized in collection, recycling and end of life disposal of uncollected and non-recycled or non-end of life disposal of plastic packaging waste, on which the environmental compensation is levied. Modalities for utilization of the funds for pl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eposit refund system or buy back or any other model. This will prevent mixing of plastic packaging waste with solid waste. (10.6) The Producers, Importers Brand-Owners shall file annual returns on the plastic packaging waste collected and processed towards fulfilling obligations under Extended Producer Responsibility with the Central Pollution Control Board or concerned State Pollution Control Board or Pollution Control Committee as per pro forma prescribed by Central Pollution Control Board by the 30th June of the next financial year, information on the reuse and/or recycled content used for packaging purposes will also be provided. The details of the registered recyclers from whom the recycled plastic has been procured will also be provided. 11. Role of Plastic Waste Processors (Recyclers or Other Waste Processors including industrial composting facilities) (11.1) All plastic waste processors shall have to register with concerned State Pollution Control Board or Pollution Control Committee in accordance with provision : 13(3) of Plastic Waste Management Rules, 2016 on the centralized portal developed by Central Pollution Control Board. Central Pollution Control Board ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tic Waste Processors undertaking end-of-life disposal of plastic packaging waste viz. waste to energy, waste to oil. cement kilns (co- processing) shall provide information on an annual basis as per prescribed pro forma, on the centralized portal developed by Central Pollution Control Board. These enties shall ensure the disposal of plastic packaging waste as per relevant rules, guidelines framed by regulatory bodies in an environmentally sound manner. 12. Role of Central Pollution Control Board (12.1) The Central Pollution Control Board shall register Producers, Importers Brand-Owners who are operating in more than two states and plastic waste processors, through online portal. Central Pollution Control Board shall prescribe the standard operating procedure for registration of Producers, Importers Brand-Owners under Plastic Waste Management Rules, 2016. (12.2) The Central Pollution Control Board may charge fee for processing of applications for registration and an annual fee for processing of returns, as per procedure prescribed by CPCB. In case, where Producers, Importers Brand-Owners, are operating in the jurisdiction of a State Pollution Control Board or Pollut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trol Board. Provision for registration shall be made on the Extended Producer Responsibility portal. State Pollution Control Board or Pollution Control Committee by itself or through a designated agency shall verify compliance of Producers, Importers Brand-Owners through inspection and periodic audit, as deemed appropriate, of Producers, Importers Brand-Owners as well as plastic waste processors in their jurisdiction as per the Plastic Waste Management Rule, 2016. (13.2) The State Pollution Control Board or Pollution Control Committee shall bring out a list of entities (Exception Report) who have not fulfilled their Extended Producer Responsibility responsibilities on annual basis and publish the same on their website. The State Pollution Control Board or Pollution Control Committee shall submit the Annual Reports submitted by Producers, Importers Brand-Owners and plastic waste processors in their jurisdiction to Central Pollution Control Board and upload the same on the online Extended Producer Responsibility portal. (13.3) State Pollution Control Board or Pollution Control Committee will establish a mechanism to ensure a regular dialogue between relevant stakeholders ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se. 15. Fulfilment of Extended Producer Responsibility Obligations The Producers, Importers Brand-Owners shall have to provide the details of recycling certificate only from registered recyclers along with the details of quantity sent for end of life disposal, by 30th June of next financial year while filing annual returns on the online portal. The details provided by Producers. Importers Brand-Owners and registered plastic waste processors will be cross-checked by the online portal. In case of difference, the lower figure would be considered towards fulfilment of Extended Producer Responsibility obligation of Producers. Importers Brand-Owners. The certificates shall be subject to verification by Central Pollution Control Board or State Pollution Control Board or Pollution Control Committee, as the case may be. 16. Centralized Online Portal (16.1) Central Pollution Control Board shall establish an online system for the registration as well as for filing of annual returns by Producers, Importers Brand-Owners, plastic waste processors of plastic packaging waste by 31st March 2022 :- (16.2) The online system developed by Central Pollution Control Board for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ility guidelines. The committee shall monitor the implementations of Extended Producer Responsibility and also take such measures as required for removal of difficulties. The Committee shall also be tasked with the guiding and supervision of the online portal including approval of requisite forms or pro forma. (18.2) The committee shall comprise of representative from concerned line Ministries/Departments such as Ministry of Housing and Urban Affairs. Ministry of Micro. Small and Medium Enterprises. Department of Drinking Water and Sanitation, Department of Chemical and Petrochemicals; Bureau of Indian Standards, three State Pollution Control Board or Pollution Control Committee, Central Institute of Plastic Engineering and Technology (CIPET). National Environmental Engineering Research Institute (NEERI), and three industry associations, and any other invitee as decided by the chairperson of the committee. ANNEXURE Examples for Clause 7 Extended Producer Responsibility Target and Minimum level of recycling of plastic packaging waste [Refer Clause 7.2 (a), (b) (c), Clause 7.3 (a), (b) (c), and Clause 7.4 (a), (b) (c)] Example 1 : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ckaging introduced in the market category-wise (Category I Rigid Plastic Packaging) 100 MT Reuse of Category I rigid plastic packaging with volume or weight equal or more than 0.9 litres or 15 MT kilogrammes Union Territory less than 4.9 litres or kilogrammes (Reuse @15 %; minimum obligation for reuse 10%) Fresh plastic packaging introduced (A) 85 MT Extended Producer Responsibility target for compliance @100% of (A) 85 MT Minimum level of recycling of Category I plastic packaging waste collected under Extended Producer Responsibility @ 60% Minimum 51 MT of plastic packaging waste collected under Extended Producer Responsibility needs to be recycled. A maximum of 34 MT plastic packaging waste collected may be used for energy recovery, co-processing, road construction, waste to oil etc. Example 5 : For Year 2022 - 23 Plastic packaging introduced in the market category-wise (Category I Rigid ..... 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