Overview of EPR License for Brand Owner

In order to promote corporate responsibility and environmental sustainability brand owners must obtain an EPR license. Through embracing EPR brand owners contribute significantly to promoting a circular economy and reducing environmental impacts in addition to meeting legal requirements. The EPR license for brand owner is dedication to a more sustainable and environmentally friendly future. Worldwide the idea of EPR has received significant attention owing to the problem of environmental degradation. The management of the lifecycle of their products especially the post-consumer stage is a responsibility that is covered by EPR mainly on producers, particularly brand owners.

Understanding Extended Producer Responsibility (EPR)

EPR is another policy framework where the producers are made to take responsibility for quite several functions in the life cycle of the products they produce with many focusing on the environmental management of the products. EPR seeks to encourage producers to take responsibility for products throughout their life cycle incorporating issues to do with the environment when designing their products and how they can be disposed of to benefit the environment with little or no production of hazardous waste and their promotion of recycling.

Need for EPR License

Due to the rise of charges related with consumer education and strict rules of environmental protection, the EPR license is one of the important conditions for brand owners. The rules and regulations under this license require the respective PIBOs to be responsible for the collection, recycling, or disposal of the products once they are no longer useful. This means aims at reducing the environmental impact and encouraging the circular economy.

Benefits of EPR License for Brand Owners

• Environmental Stewardship: With the use of the life cycle approach in the management of the end-products, brand owners make a contribution towards the protection of the physical environment and sustainable use of resources.
• Regulatory Compliance: In as much as it is allowed to regulate and control operation that may be a threat to the environment, it is illegal to pollute the environs without holding an EPR license This goes a long way in avoiding legal implication and enhancing the image of the firm.
• Consumer Trust and Brand Loyalty: Since clients glued to environmental friendly products will always opt to buy from companies that are also environmental conscious, American companies could gain trust of their consumers if they show futile act to the environmental problems.
• Resource Efficiency: Similarly EPR also minimizes the use of resources energy and time for the same reasons of recycling and reusing the material hence there is no need to use virgin material thus less cost of production.
• Market Differentiation: However, the programs for adequately developing EPR are indeed the competitive advantage within the market as the brands get a chance to attract customers who do consider the environmental status.

Meaning of brand owner

As per Rule 3b of Plastic Waste Management (Amendment) Rules, 2021 means a person or company who sells any commodity under a registered brand label;

Meaning of extended producer’s responsibility

As per Rule 3h of Plastic Waste Management (Amendment) Rules, 2021 means the responsibility of a producer for the environmentally sound management of the product until the end of its life;

Responsibility of Brand Ownersas per Plastic Waste Management (Amendment) Rules, 2021-

• Develop waste collection systems based on Extended Producer Responsibility within six months, involving State Urban Development Departments.
• Take primary responsibility for collecting used multi-layered plastic packaging they introduce to the market. Submit collection plans when applying for consent from State Pollution Control Boards.
• Phase out non-recyclable or non-energy recoverable multi-layered plastic within two years.
• Apply for registration with the relevant Pollution Control Board within three months of rules publication.
• Obtain registration before manufacturing or using any plastic or multi-layered packaging after six months from rules publication.
• Maintain records of plastic raw material suppliers.

Documents required for EPR License for Brand Owner

1. Application Form

• Duly filled application form for EPR Authorization.

2. Covering Letter

• Addressed to the Member Secretary, Central Pollution Control Board, or relevant authority, stating the intention to apply for EPR Authorization.

3. Proof of Business Registration

• Certificate of Incorporation, GST Certificate, PAN Card, or other relevant business registration documents.

4. Details of the Producer/Brand Owner

• Name and address of the producer/brand owner.
• Contact details (email, phone number).

5. List of Products

• Detailed list of products for which EPR Authorization is sought, including categories and quantities.

6. EPR Plan

• A comprehensive EPR plan detailing the collection, storage, transportation, and recycling processes for the end-of-life products.
• Information on the partners or third-party organizations involved in the EPR implementation.

7. Agreement with PROs

• Agreement copies with Producer Responsibility Organizations (PROs) or recyclers if the brand owner is outsourcing EPR obligations.

8. Collection Mechanism

• Details of the collection mechanism for waste products, including logistics, storage facilities, and locations.

9. Recycling/Disposal Partners

• Agreements and details of recycling/disposal partners, including their authorization certificates and capacities.

10. Awareness Programs

• Information on awareness programs planned or executed to educate consumers about waste management and recycling.

11. Annual Returns

• Copies of annual returns or reports submitted to CPCB or State Pollution Control Board (SPCB) related to EPR obligations, if applicable.

12. Financial Details

• Financial arrangements or budget allocated for implementing EPR activities.

13. Declaration

• A self-declaration or affidavit stating compliance with the EPR rules and regulations.

14. Environmental Policy

• Copy of the company’s environmental policy or sustainability initiatives.

15. Audit Reports

• Internal or third-party audit reports on the effectiveness of EPR implementation, if available.

16. Other Specific Documents

• Any other documents specifically required by the CPCB or SPCB based on the product category or specific EPR regulations.

Procedure for EPR License for Brand Owner

As per Plastic Waste Management (Amendment) Rules, 2021

• Brand Owners are required to obtain registration for EPR from the State Pollution Control Board or Pollution Control Committee.
• For registration, Brand Owners need to make an application in Form-I to:
• The concerned State Pollution Control Board or Pollution Control Committee if operating in one or two states/UTs
• The Central Pollution Control Board if operating in more than two states/UTs
• The registration is initially valid for one year, and subsequently granted for three years.
• Brand Owners need to work out modalities for waste collection system based on Extended Producer Responsibility within six months of the rules being published.
• They have primary responsibility for collection of used multi-layered plastic sachet/pouches/packaging introduced by them in the market.
• They need to establish a system for collecting back the plastic waste generated due to their products.
• This collection plan needs to be submitted to the State Pollution Control Board while applying for Consent to Establish/Operate/Renewal.
• Brand Owners whose consent was renewed before these rules need to submit such a plan within one year and implement it within two years.
• They need to maintain records of plastic used as raw material.
• An action plan on collecting back plastic waste needs to be included in the registration application.
• The registration won't be renewed unless the Brand Owner possesses an action plan endorsed by the Secretary in charge of Urban Development for setting up a plastic waste management system.

As per E-Waste (Management) Rules, 2016

• Brand owners need to obtain EPR Authorization from the Central Pollution Control Board to fulfill their EPR obligations for e-waste management.
• To obtain EPR Authorization, brand owners need to submit an application in Form-1 to the Central Pollution Control Board.
• The application should include details such as:
• Name and address of the producer
• Details of electrical and electronic equipment placed on the market in previous years
• Estimated e-waste generation and collection targets
• EPR plan outlining the scheme for collection of e-waste
• List of collection centers, recyclers, etc. under their scheme
• Estimated budget for EPR initiatives
• Details of awareness programs
• Compliance with RoHS (Reduction of Hazardous Substances) provisions
• The Central Pollution Control Board will grant EPR Authorization in Form-1(aa) specifying:
• Validity period of the authorization
• Approved EPR plan
• Collection targets
• Conditions to be followed
• The brand owner needs to maintain records of e-waste handled in Form-2 and submit annual returns in Form-3.
• The EPR Authorization needs to be renewed periodically.
• Brand owners have to meet progressively increasing collection targets for e-waste, starting from 30% in the first two years to 70% from the seventh year onwards.
• Non-compliance can lead to cancellation or suspension of the EPR Authorization.

How Whizseed can help you?

• Guide users through the EPR License application process
• Offer tips on preparing the required documents like EPR plans and collection mechanisms
• Offer templates and tools to create comprehensive EPR plans
• Provide guidance on setting up collection systems and partnering with recyclers
• Provide updates on environmental policies and industry trends
• Offer expert advice on EPR strategy and implementation
• Provide support for complex cases or unique product categories