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EPR Authorization - Extended Producers Responsibility

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What is EPR?

Extended Producers Responsibility, in short, EPR intends to provide an incentive to manufactures for designing durable and recyclable products. Further, the sole aim is to reduce the waste generation and protect the environment.

But how does it help the environment, it mandates the producers to make durable and recyclable products. If the product life is long, it will not end up in a scrap. As a result, the generation of waste is low, and the disposal of waste is lessened. This method increases the production of reliable products with the safety of environment.

According to Economic Co-operation and Development (OECD), EPR is a policy for environmental protection. Its goal is to make the producers liable for the environmental influence of the products they manufacture.

Under EPR, the producers are given the responsibility for the treatment and disposal of the post-consumer products. This could prevent the waste at source and promote designing according to environmental needs.

What is EPR Authorization?

The Ministry of Environment, Forest, and Climate Change recently published the E-waste (Management) Rules, 2016. It emphasized the mandatory requirement of EPR Authorization for all producers of Electrical and Electronic Equipment (EEE).

EPR was introduced for improving the collection, recycling, and treatment of the waste products. Additionally, the scope of EPR is not just limited to financial obligations, but it extends to waste management, logistics, and product designing responsibilities.

According to the E-waste (Management) Rules, 2016

  • Producers have to obtain an Extended Producer Responsibility Authorization" Certificate from the Central Pollution Control Board (CPCB).
  • Electrical & Electric Equipment Manufacturers need the EPR Authorization certificate from the State Pollution Control Board
  • As per Rule 13(1) (ii), (iii) & (vi) of the E-waste (Management) Rules, 2016, the CPCB has the mandate to either grant or refuse the EPR authorization to the producers. Additionally, the CPCB has also made for proper authorization collection and transportation of equipments. EPR authorization is applicable to manufacturers, producers, importers, consumers, and dealers, etc. which are listed in the Schedule 1.

For making the people aware and better e-waste management EPR authorization is necessary. The E-waste scrap cannot be simply thrown away as it will harm the environment. They need to properly disposed and recycled.

Who needs an EPR Authorization?

The following categories of electrical and electronic equipment need an EPR Authorization:

  • IT and Telecommunication Equipment and
  • Consumer Electricals and Electronics like TVs, Washing Machines, Refrigerators Air Conditioners including fluorescent and other mercury-containing lamps, come under these Rules.

EPR Authorization is not applicable to the following

According to the recent clarifications by the government, EPR authorization is not applicable to the following-

  • Consumers or Bulk Consumers are importing EEE for self-use or captive use. Provided that the consumer or Bulk consumer has submitted a Self–declaration on stamp paper stating that EEE item being imported are soely for self or captive use and not for sale.
  • Manufacturers of Electrical and Electronic Equipment (including their spare components, consumables) listed in the Schedule-I of the Rules, if they are manufacturing or importing for the purpose of selling exclusively to EPR-Authorised producers.

Documents required for EPR Authorization

Following documents are required for EPR Authorization for Proprietary/LLP/OPC & Partnership Entity-

  • KYC
  • GST Certificate
  • Rent/Lease/proof of ownership
  • IEC Code
  • List of imported items

Documents which are mandatory for EPR Authorization for Private Limited and Public Limited Company-

  • KYC documents, GST certificate, Rent or lease proof, IEC Code, and list of imported items.
  • Certificate of Incorporation
  • MOA
  • PAN
  • Board declaration for authorized signatory

Procedure for EPR Authorization Registration in India

  • Step 1 # Submission of Document

     

    Online application by the producers/manufacturers, dismantler, recyclers, refurbisher of the Electrical and Electronic Equipment along with submission of hard copies of the application in Form-I accompanied with required documents. Further, the applicant needs to check the documents before the application is filed.

  • Step 2 # Verification of Documents

    The Central Pollution Control Board has the duty to verify and investigate the information provided with the period of 25 days of receipt of application

  • Step 3 # Grant of EPR Authorization by Pollution Control Board

    After the verification of documents, the Central Pollution Control Board will grant the EPR in Form no 1(AA) within 120 days from the receipt of application.

The Extended Producers Responsibility authorization shall be valid for five years.

What will happen if one fails to obtain EPR?

The failure to obtain an EPR authorization is a punishable offence under section 15 of the Environment (Protection) Act, 1986 with imprisonment extending up to 5 years or fine up to Rs 1 Lakhs or with both.

How will LawyerINC help you to get an EPR Authorization Certificate?

  • Connect with Team
  • Online Registration
  • Get a callback
  • Assigning an EPR Expert for your case
  • Submission of Documents
  • Drafting and filing of application form
  • Track Progress
  • Get Deliverable

Frequently Asked Questions

  • 1. Are Micro and Small Industries sector exempted from having an EPR Authorization?

    The Micro and small enterprises are one of the major sources for e-waste generation but they are not burdened with EPR responsibility as applicable to other producers.

  • 2. What is the Mode of collection for e-waste?

    The collection is now the exclusive responsibility of the producers. They can set up collection centres for e-waste. Additionally, there is no need for a separate authorization for such collection.

  • 3. What is the liability for damages caused to the environment?

    These rules have introduced the liability for damages caused to the environment or any other party due to the mismanagement of the e-waste.

  • 4. How long will it take to get an EPR Authorization Registration?

    The time duration for getting an EPR Authorization Registration depends on case to case.

  • 5. How can LawyerINC help with EPR Authorization?

    LawyerINC has a blend of expert professionals who assist in EPR Authorization. They assist in drafting of application and filing for EPR.

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