Guide on Extended Producer Responsibility Certification -EPR Authorization in India

Extended Producer Responsibility (EPR) is the responsibility towards the environment placed on the shoulders of producers, manufacturers as well as importers under the Plastic Waste Management Rules, 2016. The focus is on environmental management of the products that are approaching disposal. ‘Prevention’, ‘Clean-Up’, and ‘Recycle’ is mantra.

What is Extended Producer Responsibility Certification?

EPR certification is provided under the EPR authorization to the importers and manufacturers of the electrical equipment and products. It places a responsibility on their shoulder to undertake environmentally friendly E-waste management steps. It is mandatory for almost all importers and manufacturers to have EPR certification. Primarily, EPR Registration has been mandated by the CPCB department for the following two categories of electronic products:

• Information Technology and Telecommunication Equipment
• Consumer Electricals and Electronics 

Extended Producer Responsibility Authorization Process (Producer)

Following are the steps for the EPR Authorization process:

• Before proceeding with the certification, check whether the electronic product you are dealing with has a mandatory EPR certification requirement. You can refer the Schedule-I for the electronic equipment list.
• The application shall be made by the producers in Form-1. For existing producers, the application shall be made within 3 months of the commencement of these rules. In case you are selling your products in a single state, then the application shall be made to the State Pollution Control Board of the respective state, otherwise, the application shall be made to the Central Pollution Control Board.
• The board will scrutinize the application upon the receipt thereof. In case the application is complete in all respects and no discrepancy is found, it will be processed further otherwise an inquiry will be raised. Upon being satisfied that the producer has a mechanism in place to effectively manage EPR, it will recommend granting the certification to the producer. The certification is provided in Form-1(aa) to the producer.
• The central board or the state board may refuse to grant the EPR certification upon giving the applicant a reasonable opportunity of being heard.
• The Central Board shall forward the state-specific EPR plans after the approval of authorization to respective state boards or pollution control committees for the implementation of the same.

Renewal Process of EPR Authorization

The EPR certificate is valid for a period of 5 years after which it shall be renewed. Following is the process for the renewal of the EPR certificate:

• Application for renewal shall be made in Form-1 within 60 days of expiry.
• Renewal will be considered upon verifying the compliance report issued by the respective state pollution control board or pollution control committees. The renewal application will be approved if there is no violation of the conditions of the authorization.

Such conditions are recorded in a register maintained by the state pollution control board.

EPR Authorization Process (Manufacturers)

• The manufacturer can make the application for EPR authorization in Form-1(a) to the Pollution Control Committees or the State Pollution Control Board.
• If approved, the authorization shall be granted in Form-1(bb) within 90 days. The approval for conducting operations shall be provided only for the authorized place for a period of 5 years after which renewal shall be sought.

The renewal process shall be the same as for the producers.

Documents required for EPR Registration Process

Following documents are required for the EPR certification process:

• Identity proof (PAN Card)
• Contact details
• Address proof
• Details of the person authorized to sign the documents
• Certificate of incorporation of the manufacturer/importer
• IEC Certificate
• BIS License
• Details of compliance with RoHS
• Estimation of E-waste
• Product details
• Country of Origin
• ERP Plans
• Copy of agreement entered with recyclers, storage and disposal dealers, collection centers, etc.
• Details of toll-free number and website
• Any other document as may be required

For the renewal of authorization, the following documents shall be required:

• The certificate stating compliance with effluent and emission standards
• The certificate stating proper treatment and disposal of hazardous wastes from the State Pollution Control Board or Pollution Control Committees or any other designated agency.

The power to grant or refuse renewal lies with the board subject to a reasonable opportunity of being heard to the applicant.

Bottom Line

The implementation of the Extended Producer Responsibility in India requirements was necessary considering the hazardous effects of e-waste on the environment. EPR has been eminent in the efforts to spread awareness among the importers and manufacturing houses to adopt sustainable and environmentally friendly production techniques and curb plastic pollution. Mandatory EPR authorization and compliance for electronic products may raise instances of non-compliance in case of negligence and have penal consequences including cancellation of authorization.

In case of any assistance, feel free to contact the ASC Group.