Introduction
Plastic Waste Management (PWM) Rules, 2016 were notified by the Ministry of Environment, Forest and Climate Change (MoEFCC) on 18th March 2016. Which also replaced the older PWM Rules, 2011. Through the 2016 notification, the concept of EPR (Extended Producer Responsibility) was introduced in India. As per the PWM Rules of 2016, all the PIBOs are required to mandatorily obtain the EPR registration. PIBOs stand for Producer, Importer and Brand Owner. This terms include all the producers, importers, recyclers, refurbishers, and distributors engaged in the manufacturing or usage of the plastic. Let’s understand everything about the PWM Rules, 2016 and PIBOs.
Understanding PIBOs
PWM Rules 2016 doesn’t define the term PIBOs collectively in the notification. Instead, it defined the term separately. PIBO stands for Producer, Importer and Brand Owner. These terms are defined in sections 3 (s), 3 (k) and 3 (b) of the rules respectively. The detailed definitions are as follows:
- Producer: As per the rules any person who is engaged in manufacturing or importing the following items:
- carry bags
- multilayered packaging
- plastic sheets
- other similar products
- The term also includes any industry or individual who uses plastic sheets or covers or other similar things which are made out of plastic or multilayered packaging for packaging or wrapping their own products.
- Importer: As per the rules the term importer simply means any person who is importing or has intention to import. Provided that he holds an IEC (Import Export Code)number or has been otherwise exempted to import without the IEC number.
- Brand Owners: As per the rules the term brand owner simply means any person or company who is selling any product or commodity under a registered brand tag or label.
Mandatory Registration Requirements
As stated earlier all the PIBOs are required to obtain the EPR registration but the question arises as to why the government has made it mandatory. Well, the reason behind making the registration mandatory is to make the producers of plastic waste responsible for its recycling. The reasoning behind the EPR framework is the principle of “polluter pays”. Which simply states that the polluter is solely responsible for the pollution he does and must pay for the damage caused to nature or others. The concept of EPR plays a significant role in achieving sustainability and recycling goals. It ensures that the PIBOs make efficient arrangements to collect and recycle the waste they generate.
As per Rule 13, every PIBO must obtain registration either from the SPCB (State Pollution Control Board) or CPCB (Central Pollution Control Board) depending on its place of operation. If a PIBO is operational only in one state then it must obtain registration from the concerned State PCB on the other hand if a PIBO operates in more than one state then it must obtain the registration from Central PCB.
Documents Required
The following documents are required to obtain PIBO registration from the SPCB or CPCB as applicable:
- Consent Certificates i.e. Consent to Establish (CTE) and Consent to Operate (CTO)
- Detailed action plan for fulfilling EPR liability
- Copy of agreement between PIBOs and Waste Management Authority
- Identity Proof of Authorised Person
- PAN and GST Details of the Business
- CIN and Incorporation Certificate
- IEC Number in case of Importers
- DIC registration if applicable
- Any other prescribed document
Registration Process
Registration of PIBOs can be done online through EPR Portal. It is a completely online process. You need to visit the official website and register yourself first. After registering you may fill in the form form EPR authorisation. After filling out the form you need to upload the required documents as well. Then finally after paying the prescribed fee your registration process ends. Your registration certificate will be issued after verifying all the details and documents.
