India Drafts EPR Regulation for Non-Ferrous Metals

Producers must buy EPR certifications from registered recyclers in order to satisfy their EPR responsibilities.

The Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2024, call for the introduction of Extended Producer Responsibility (EPR) for Scrap of Non-Ferrous Metals. The proposal was published in a draft notification on August 14, 2024, by the Ministry of Environment, Forests, and Climate Change (MoEFCC) of India.

The draft was released in conjunction with the Ministry of Mines’ “National Non-Ferrous Metal Scrap Recycling Framework, 2020,” which was created specifically to encourage non-ferrous metal recycling within the non-ferrous metal industry. India also unveiled an EPR framework for reclaimed critical metals from e-waste in 2023. Click this link to find out more. Together, these regulatory tools are being used to address the pressing issues of resource shortages and pollution while also fostering a formal, well-structured recycling economy. 

EPR Scope

The covered products made of non-ferrous metals include:

• Cans for Beverages, aerosols and other such product  
• Packaging Foils for food, pharma and other such product  
• Doors, windows, shutters
• Aluminium composite panel (ACP)  
• Aluminium partitioning, grills and other such product  
• Utensils
• Furniture tables, chairs, benches, ladders etc.
• Roofing & Ceiling sheets 
• Motors, pumps, alternators and other such product  
• Conductor cables & Wires, strips 
• Sanitary ware & fittings 
• Electrical fittings 
• Aluminium Alloy Bicycle  
• Transformer
• Centralized air conditioning plants  
• Apparel products e.g. Belt Buckles, Zip, Shoes
• Toys

Notably, certain products like toys (like game consoles, electrical trains) already fall under the EPR framework for E-waste. 

EPR Registration

As per the EPR regulation, manufacturer, producer, collection agent, refurbisher and recycler are required to register on the EPR portal. Specifically, producer is defined as any person or entity who: 

• Manufactures and sells products made of non-ferrous metals under its own brand
• Sells under its brand assembled products made of non-ferrous metals
• Sells imported products made of made of non-ferrous metals
• Imports used devices or products or scrap of non-ferrous metals.

EPR Certificate

All manufacturers must obtain EPR certificates from certified recyclers online in order to satisfy their EPR responsibilities under Schedule II. The EPR certificates that are on sale are only good for the EPR liability of the current year (Year Y) plus 10% of the current year liability in addition to any remaining responsibility from previous years.

The manufacturer has the option to postpone the delivery date for comparable non-ferrous metal items by acquiring refurbishing certificates from authorised refurbishers.

Every transaction involving pertinent certificates is completed and documented on the Central Pollution Control Board (CPCB) portal.  

The EPR obligations for producer are established as follows: 

It should be noted that for importers, the EPR obligations should be 100% of the non-ferrous metals imported in the last year.

Annual Return

It is mandatory for all manufacturers, producers, collection agents, refurbishers, recyclers, and manufacturers to submit their yearly returns through the site by June 30 of the financial year in question, at the latest.