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|As per PWM Amendment Rules, 2022 released by MOEFCC on 7th July 2022|
These rules may be called Plastic Waste Management (Second Amendment) Rules, 2022.
They shall come into force on the date of their publication in the Official Gazette.
|The following are the changes and substitutions as the draft notification, 2022.|
Under Clause (b) – brand owner definition the following changes has been made. “brand label/ trademark” has been replaced with “brand labels or trademark”.
Under Clause c- carry bags the below statement has been inserted in the start of the definition. (covered under Category II of plastic packaging – Clause (5.1) (II), given in Schedule – II)Clause (ga), shall be renumbered as (gb).
After Clause “(o)” Clause “(oa)- Plastic Packaging means packaging material made by using plastics for protecting, preserving, storing, and transporting of products in a variety of ways;‘ has been inserted
After Clause “(qa)” Clause (qb) Plastic Waste Processors means recyclers of plastic waste as well as entities engaged in using plastic waste for energy (waste to energy) including in coprocessing or converting plastic waste to oil (waste to oil) except in cases where feedstock chemicals are produced for further use in the production of plastic which may then be considered under recycling , industrial composting;‘; has been inserted with few changes.
After Clause “(qb)” Clause (qc) Post-consumer plastic packaging waste means plastic packaging waste generated by the enduse consumer after the intended use of packaging is completed and is no longer being used for its intended purpose;‘;has been inserted with few changes.
After “Clause (r):” Clause (ra) Pre-consumer plastic packaging waste means plastic packaging waste generated in the form of reject or discard at the stage of manufacturing of plastic packaging and plastic packaging waste generated during the packaging of product including reject, discard, before the plastic packaging reaches the end-use consumer of the product;‘;has been inserted with few changes.
After clause (u), “clause (ua): Reuse means using an object or resource material again for either the same purpose or another purpose without changing the object‘s structure;‘; has been inserted.
After clause (wa), “clause (wa) Use of recycled plastic means recycled plastic used as raw material, instead of virgin plastic, in the manufacturing process;” has been inserted with few changes.
After clause (aa), clause (aab) Waste to Energy means using plastic waste for generation of energy and includes coprocessing (e.g. in cement, steel or any other such industry); has been inserted with few changes.
In Rule 4, (i) in sub-rule (1), in clause (d), after the words thickness except, the words “as specified by the Central Government has been inserted”in clause (h), after the words “made up of compostable plastic”, the words “and biodegradable plastics”has been inserted.for the letters and figures ―IS 17088:2008, the letters and figures “IS / ISO 17088:2021” has been inserted.in sub-rule (3), after the words “compostable plastic” the words “and biodegradable plastics has been inserted.
In rule 9 of the said rules, (i) for sub-rule (1), has been substituted as below. (1) The Producers, Importers and Brand Owners shall fulfil Extended Producers Responsibility for Plastic Packaging as per guidelines specified in Schedule -II.(ii) in sub-rule (2), from “This plan of collection till two years thereafter” has been omitted”. in sub-rule (5), after the words Pollution Control Committees, the words, brackets and figures “as per sub-rule (2) of rule 13” has been inserted.Under rule 10, the following rule has been substituted as below:
Rule 10. Protocols for compostable plastic materials-
(1) Determination of the degree of degradability and degree of disintegration of plastic material shall be as per the protocols of the Indian Standards listed in Schedule I.
(2)The compostable plastic materials shall conform to the IS / ISO 17088:2021, as amended from time to time.
(3) The biodegradable plastics shall conform to the standard notified by the Bureau of Indian Standards and certified by the Central Pollution Control Board.
(4) Until a standard referred to in sub-rule (3) is notified by the Bureau of Indian Standards, biodegradable plastics shall conform to tentative Indian Standard IS 17899 T:2022 as notified by the Bureau of Indian Standards.
(5) As a transitory measure, provisional certificate for biodegradable plastics, shall be issued by the Central Pollution Control Board, in cases, where an interim test report is submitted, for an ongoing test, which covers the first component of the IS 17899 T:2022 relating to biodegradability given at Sl. No. (i) or Sl. No. (ii) of Table 1 or Sl. No. (i) of Table 2 of the IS 17899 T:2022: Provided that the provisional certificate shall be valid till 30th June 2023 with the condition that production or import of biodegradable plastics shall cease after the 31st day of March, 2023. (
(6) The interim test report shall be obtained from the Central Institute of Petrochemical Engineering and Technology or a laboratory recognised under the Laboratory Recognition Scheme, 2020, of the Bureau of Indian Standards or laboratories accredited for this purpose by the National Accreditation Board for Testing and Calibration Laboratories, and they shall certify the bio-degradation of plastic is in line with IS 17899 T:2022.
In sub-rule (1) of rule:11. Marking or labelling. the below clause has been inserted as below:(a) name, registration number of the producer or brand owner and thickness in case of carry bag and plastic packaging : Provided that this provision shall not be applicable,- (i) for plastic packaging used for imported goods: (ii) for cases falling under rule 26 of the Legal Metrology Packaged Commodities Rules, 2011, after the approval of the Central Pollution Control Board: (iii) for cases where it is technically not feasible to print the requisite information mandated under this Rule, as per specifications given in the ―Guidelines for use of Standard Mark and labelling requirements under BIS Compulsory Registration Scheme for Electronic and IT Products after the approval of the Central Pollution Control Board.
In in clause (b) below additions has been made:
“a. name and registration number of the producer or brand owner in case of multi-layered packaging excluding multi-layered packaging used for imported goods with effect from 1st January, 2023”.
after clause (c), clause (d) has been inserted as below:
“(d) the importer or producer or brand owner of imported carry bags or multi-layered packaging or plastic packaging, alone or along with the products shall adhere to clause (a) and (b).”
In rule 13: for sub-rule (1), the following sub-rule has been substituted as below:
(1) No person shall manufacture carry bags or recycle plastic bags or multilayered packaging unless the person has obtained registration from,- (i) the concerned State Pollution Control Board or Pollution Control Committee of the Union territory, if operating in one or two states or Union territories; or (ii) the Central Pollution Control Board, if operating in more than two States or Union territories.in sub-rule
(2),- few changes has been made as below: “Every producer, or importer or brand-owner shall, for the purpose of registration or for renewal of registration, make an application as per the guidelines specified in Schedule -II.” In sub-rule (7), after the words ―terms of registration, below line has been inserted:“and the registration shall be subject to fulfilment of obligations in accordance with the guidelines on Extended Producer Responsibility for Plastic Packaging specified in Schedule -II.”After rule 17 of the said rules, the following rule has been inserted as below.“Rule 18.
Imposition of Environmental Compensation.- The Environmental Compensation shall be levied based upon polluter pays principle, on persons who are not complying with the provisions of these rules, as per guidelines notified by the Central Pollution Control Board.”For Schedule I of the said rules, there are few changes made and the same has been provided in the document enclosed over the main document. In Paragraph 3 of Schedule – II of the said rules has been omitted. 15.
In Schedule II of the said rules, for sub– paragraph (7.8), the following has been replaced
9. Action plan in line with the guidelines specified in Schedule -II”Under III. Importers, the table has been changed and the same been enclosed in the word document over the mail. Below are the additionals / changes under Form IV- after Sno. 9— “Sno.
10. Data to be provided as per guidelines specified in Schedule -II by 30th April of every year to the concerned State Pollution Control Board or Pollution Control Committee” has been inserted. In Form VI of the said rules, after the table, the below note has been inserted:-Note:
The following informations shall be provided to the Central Pollution Control Board by 30th April of every year, namely:-(a) Manufacturer of carry bag, recycled plastic bag, multilayered packaging (Registered under clause (i) of sub-rule (1) of rule 13.(b) Producer, Importer, Brand Owner (Registered under clause (i) of sub-rule (2) of rule 13;(c)Recycler and plastic waste processor (Registered under clause (i) of sub-rule (3) of rule 13.