CPCB Alert – Timely Annual Report to be Submitted by PIBOs to Avoid Penalties
- The Central Pollution Control Board (CPCB) issued a directive alert for submission of timely annual reports by all Pollution Implementing and Beneficiary Organisations (PIBOs) to avoid any penalties.
- The CPCB extended the date for filing of Annual Reports for FY 2022-23 till 30th November 2023.
- As per EC guidelines, EC of Rs. 5,000/- shall be levied on those PIBOs who file their Annual Report by 05th December, 2023 and EC of Rs. 10,000/- shall be levied on those PIBOs who file their EC by 15th December, 2023 following which Annual Report shall be auto-filed and EC, if any, shall be levied on the concerned PIBO.
Introduction
On 20th November 2023, the Central Pollution Control Board issued a directive alert extending the deadline for filing the Annual Report for FY 2022-23 on the Centralised Extended Producers Responsibility Portal for Plastic Packaging to on or before 30th November, 2023.
Overview of Plastic Waste Management
Plastic waste is a nuisance and the Central Pollution Control Board (CPCB) seeks to protect the environment. Hence, on 20th November 2023 the CPCB issued a directive alert, urging all registered Pollution Implementing and Beneficiary Organisations – producers, importers, and brand owners (PIBOs) to complete filing of their Annual Returns by 30th November 2023 for the FY 2022-23.
The centralized portal for PIBOs & plastic waste processors (PWPs) was introduced on 5th April 2022 and since then the CPCB has encouraged all PIBOs to procure their EPR certificate and file their Annual Report.
The Extended Producer Responsibility (EPR) Compliance for Plastic Waste encourages producers, importers, and brand owners to create a sustainable environment of the country by ensuring the best management of the waste. Any non-compliance will result in penalties.
Who needs to follow EPR Compliance in India?
The producers, importers, brand owners, and plastic waste processors are to strictly follow EPR Compliance in India if they are dealing with waste types as specified in the Plastic Waste Management Rules, 2016. This includes PIBOs engaged in recycling, conversion of waste to energy, waste to oil, and industrial composting. Failure to comply with the EPR guidelines can lead to a penalty and environmental compensation.
Plastic packaging categories covered under EPR
As per CPCB, the following categorization is used for plastic packaging:
| EPR Category | Plastic Category |
| Category I | Rigid plastic packaging |
| Category II | Flexible plastic packaging of single-layer or multi-layer plastic sheets |
| Category III | Multi-layered plastic packaging |
| Category IV | Plastic sheet or like used for packaging as well as carry bags made of compostable plastics |
EPR Target
The eligible quantity in metric tons (MT) for PIBOs is decided based on the average weight of the plastic packaging material (category-wise) purchased and introduced into the market with the average quantity of pre-consumer plastic packaging over the last 2 financial years. Further, any plastic packaging supplied directly to the entities for brand owners shall be reduced
Hence, the EPR targets calculated category-wise are mentioned below:
| Category | Year | EPR Target |
| I | 2021-22 | 25% |
| II | 2022-23 | 70% |
| III | 2023-24 | 100% |
The targets have been increased significantly over the years to encourage higher reuse and recycling of plastics.
Details of recycling
As per section 15 of the EPR guidelines, only recycling certificates from registered recyclers will be accepted while filing annual returns on the online portal. Details of the quantity sent for end-of-life disposal should also be included in the report.
Timely Compliance to Avoid Penalties
The timeline for filing annual returns has been extended twice by the Ministry of Environment, Forest & Climate Change (MoEF&CC) to safeguard companies from penalties. Timely compliance ensures environmental responsibility as well as avoids the financial implications associated with non-compliance.
Hence, all PIBOs are strictly advised to adhere to the deadline (30th November 2023) by Central Pollution Control Board for filing Annual Returns for FY 2022-23, failing which environmental compensation would be levied.
Penalties Structure
The penalties for non-compliance have been outlined by the CPCB, and PIBOs failing to file their Annual Returns timely will face penalties.
| Non-Compliance of Plastic Waste Management Rules, 2016 | Penalty |
| First violation | Environmental compensation at Rs. 5000/- per ton |
| Second violation | Environmental compensation at Rs. 10000/- per ton |
| Third violation | Environmental compensation at Rs. 20000/- per ton |
Repeated violations incur higher penalties, encouraging PIBOs to prioritise timely submission of their Annual Returns.
Procedure for Filing for EPR Certification
The Plastic Waste Management Act of 2016 regulates the process for obtaining an EPR certificate from the State Pollution Control Board or Pollution Control Committee under the Plastic Waste (Management) Rules, 2016
| Filing of Application | Submission of Application | Grant of License |
| PIBOs register through the Central EPR Portal Form-I of Plastic Waste Management Rules 2016 along with attested documents and applicable fee should be submitted | Once submitted, the application is reviewed by State Pollution Control Board / Pollution Control Committee within 7 days | Registration is granted if CPCB has not responded within one month. |
It is presumed that there is no error in the application and documents submitted, if there is no response for 1 month from the regulatory authorities.
Procedure for Filing Annual Reports
As per the notification dated 20th November 2023, under the Plastic Waste Management Rules 2016, all PIBOs are strictly required to submit their annual report regarding the progress of plastic waste management to the State Pollution Control Board / Pollution Control Committee / Central Pollution Control Board by 30th November 2023.
This process involves submission of the annual report, reviewing the completed report and creation of a consolidated report submitted by the authority
| Filing of Returns | Submission / Review of Application | Consolidated Report by Authority |
| Form IV under rule 17(1) of the Plastic Waste Management Rules to be submitted | Submitted to State Pollution Control Board / Pollution Control Committee / Central Pollution Control Board | A consolidated report submitted in Form VI by the State Pollution Control Board based on the annual reports submitted |
End-to-End EPR Services
Our organisation provides comprehensive end-to-end EPR services because we understand the difficulties and complexities associated with EPR compliance. From initial registration to compliance management, target achievement, and the essential annual return filing, these services cover every facet of the compliance journey. Our team of professionals understands the value of your business and we ensure that your company complies with environmental regulations, reducing the possibility of penalties and damage to your company’s reputation.
On-Demand EPR Add-on Services
We also offer on-demand EPR add-on services in addition to our core EPR services. Our adaptable add-on services are tailor-made to meet the specific requirements of your company, whether you need help with particular compliance areas, focused support to meet EPR targets, or advice on best practices.
Conclusion
The CPCB has specified that PIBOs must prioritise timely compliance to avoid any penalties, as the Annual Return filing deadline is fast-approaching. In addition to helping your company comply with regulations, the end-to-end EPR services by CliniExperts provide a comprehensive solution that will help you easily manage the complexities of EPR. With appropriate knowledge and experience in handling clients’ EPR compliance, CliniExperts is the ideal option for completing your annual EPR compliance.
Partner with us to meet the deadline of 30th November 2023, and to remain in compliance with the directive issued by the CPCB.
Saurangi is a food regulatory expert with 8 years of experience. She shares her knowledge and insights on regulatory updates, food trends, best practices, and news. Follow her for expert insights and practical advice on all things for food regulatory
Saurangi Shah
CliniExperts Services Pvt. Ltd.
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