Ref. No. 85/ARN/2024-25/3 Dated 05/11/2024
To
The Member Secretary,
Central Pollution Control Board,
Parivesh Bhawan, East Arjun Nagar,
Delhi-110032, INDIA.
Subject: Revised guidelines for Assessment of Environment Compensation to be levied for violation of the plastic waste management rules 2016. “Producers “under the PWM Rules as amended in 2024.
Dear Sir,
Kindly refer to the “Revised guidelines for Assessment of Environment Compensation to be levied for violation of the plastic waste management rules 2016”, published by the Central Pollution Control Board in 2024. The guidelines appear to have taken into account all amendments to the Plastic Waste Management Rules in India up to 2022 but have not included amendments to the Plastic Waste Management Rules made in 2024. Since the amendment of 2024 has made significant changes in definitions for PIBO’s, an understanding of this amendment is significant from the view of ease of implementation of these guidelines by concerned persons.
In this connection it is further submitted that:
- As per the Plastic Waste Management Rules as amended up to 2022 the following definitions were provided for producers, importers, brand owners and manufacturers.
As per G.S.R 320(E) dated 27th March, 2018.
- “Manufacturer” means and includes a person or unit or agency engaged in production of plastic raw material to be used as raw material by the producer.
As per G.S.R. 133(E) dated the16th February, 2022.
- “Brand Owner” means a person or company who sells any commodity under a registered brand label or trade mark.
- “Importer” means a person who imports plastic packaging product or products with plastic packaging or carry bags or multilayered packaging or plastic sheets or like.
- “Producer” means person engaged in manufacture or import of carry bags or multilayered packaging or plastic sheets or like, and includes industries or individuals using plastic sheets or like or covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity.
- The amendments to the Plastic Waste Management Rules in 2024 through G.S.R. 201(E) dated 14-03-24 make some significant changes in the definitions given above (the term Brand Owner remains unchanged) and now provide as follows.
- “Importer” means a person who imports for commercial use, any plastic packaging or any commodity with plastic packaging or carry bags or plastic sheets or like material, or plastic raw material including in the form of resin or pellets, or intermediate material to be used for manufacturing plastic packaging such as films or preforms.
- “Manufacturer” means and includes a person engaged in production of plastic raw material, including compostable plastics and biodegradable plastics.
- “Producer” means a person engaged in manufacturing of plastic packaging and includes a person engaged in manufacture of intermediate material to be used for manufacturing plastic packaging, and also the person engaged in contract manufacturing of products using plastic packaging or through other similar arrangements for a brand owner.
You would like to appreciate that these are different from the definitions as given in the amendments up to 2022. While the changes to the terms Importers and Manufacturers may not involve any problems during implementation, the term Producer needs to be better understood and clarified.
The Rules had earlier defined Producer to mean persons engaged in manufacture or import of carry bags or multilayered packaging or plastic sheets or like, and included industries or individuals using plastic sheets or like or covers made of plastic sheets or multilayered packaging for packaging or wrapping the commodity.
The rule as amended in March 2024 (GSR no. 201 E dated 14-03-2024 however now defines producers to mean a person engaged in manufacturing of plastic packaging including a person engaged in manufacture of intermediate material to be used for manufacturing plastic packaging, and also the person engaged in contract manufacturing of products using plastic packaging or through other similar arrangements for a brand owner.
The new definition does not make a mention of persons using plastic sheets or multi layered packaging for packing these commodities being included as producers. It only includes persons engaged in contract manufacturing of products using plastic packaging or through other similar arrangements for a brand owner. All industries may not be brand owners with a registered brand label or trade mark as defined.
The applicability of the guidelines on manufacturers, producers, importers and brand owners will normally be examined by individuals on the basis of their being covered or not covered as PIBO’s under the definitions. The amendment of 2024 assumes significance because most industries use plastic packaging for their products. With the amended definition of producer, they may not now be covered. Many of the products that are sold in plastic packaging may also not be branded products. What needs to be clarified is that how will the Plastic Waste Management Rule and the EPR provisions apply to persons who are not Manufacturers, Importers or Brand owners as defined and who are only using plastic for packaging their products but are not “producers” as defined now.
We shall be extremely grateful if the issue is kindly clarified as the implementation of the Plastic Waste Management Rules is a regular topic in the various training programs organised by the Wealthy Waste School India and it would help the trainees to be aware and clear of the latest in this regard.
Thanking you and with kind regards
Yours Faithfully
(Dr. Yashpal Singh)