Manufacturers and producers are now required to recycle and use recycled materials, among other things.

The Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2025 (henceforth referred to as “the Rules”) were released by the Indian Ministry of Environment, Forests, and Climate Change (MoEFCC) on July 2, 2025. The Rules create a framework for Extended Producer Responsibility (EPR) for 18 items that contain copper, zinc, and aluminium, which are non-ferrous metals. Producers and manufacturers must register, use recycled materials, satisfy recycling goals, and submit reports under this system. With effect from April 1, 2026, the Rules will be in place. Key definitions and a summary of the obligations placed on manufacturers and producers are provided in the sections that follow.

Definitions of Terms

 

 

Responsibility 1: Registration (Producer & Manufacturer)

The Central Pollution Control Board (CPCB) requires registration from producers and manufacturers. Within six months, the CPCB intends to create a dedicated online platform where registration must be completed. Organizations that fit both the “producer” and “manufacturer” categories are required to register in both capacities

Responsibility 2: Fulfilling Recycling Target (Producer)

Manufacturers must satisfy yearly recycling goals based on the number of specific products they sold in prior years. These goals need to be met annually. Also, CPCB will calculate each product’s average life (X).

The “quantity placed on the market” is not specifically mentioned in the Rules as the basis for determining recycling targets. Rather, they use the broader term “X% of the quantity of designated products,” which does not yet specify the foundation for calculation. However, comparable EPR laws in the past—such as those pertaining to batteries, e-waste, and plastic packaging have set the criterion at the number of products put on the market. Thus, it is assumed that under these Rules, the same strategy might be applicable.

Producers can buy “EPR certificates” from approved non-ferrous metal recyclers to achieve recycling goals rather than having to perform recycling themselves. Producers utilize these certificates to offset their own recycling goals, and they are granted based on the quantity of non-ferrous metals recycled by the recycler.

As an alternative, manufacturers can buy “refurbish certificates,” which are given out when certain goods are restored by approved refurbishes. The comparable sum is exempt from the recycling goal for this year when refurbishment certificates are purchased. Nevertheless, the recycling goal for the year after the longer lifespan (Z) brought on by the renovation is increased by 75% of the exempted amount.

Responsibility 3: Use of Recycled Materials (Manufacturer)

Manufacturers will have to include a specific percentage of recycled non-ferrous metal materials (henceforth referred to as “recycled materials”) in the designated items they produce starting in the fiscal year 2028–2029. Additionally, the recycled components have to come from recycled materials in India. The table below displays the minimal number of recycled materials used during each fiscal year. The proportion of recycled materials in relation to the total amount of each non-ferrous metal in the product is indicated by these percentages.

 

 

Responsibility 4: Filing Returns (Producer & Manufacturer)

Producers and manufacturers are required to submit returns according to the following schedule. The specific reporting contents have not yet been defined.

· By October 31 of each financial year: Submit information covering the first half of the current financial year (April–September).

· By June 30 of each financial year: Submit information covering the previous financial year (April of the previous year to March of the current year).

Other Provisions (Obligations of Bulk Consumers)

In addition to producers and manufacturers, the Rules impose the following responsibilities on bulk consumers:

· Set up collection points to facilitate collection agents in the collection and transportation of scrap of non-ferrous metals from their premises

· Ensure that scrap of non-ferrous metals generated by them shall be handed over only to registered recyclers or refurbishes or producers or collection agents

In August 2024, the Rules’ draft form was made public. Definitions of terms have been clarified, several automotive items have been exempted, and the enforcement date has been moved from April 2025 to April 2026 in the completed Rules. Nonetheless, a number of problems and ambiguities persist with the existing provisions:

· Scope of Regulated Entities: Under previous EPR regulations, such as those pertaining to plastic packaging, e-waste, and batteries, only Indian-based businesses were subject to regulation; overseas businesses were not. Since this point was not made clear in earlier regulations, it is assumed that the more recent regulations likewise exclude foreign businesses.

· Recycling Target Calculation Method (1): There is a lack of clarity regarding the foundation for determining recycling targets. This article adopts the stance that “quantity placed on the market” is the most likely scenario, but other scenarios, such “quantity procured,” could also occur and have a substantial impact on the ultimate number of recycling targets.

· Recycling Target Calculation Method (2): It’s still unclear if the CPCB will create a consistent estimate for every product that applies to all businesses and all products, or if recycling targets will be determined by each producer based on the actual amount of aluminium, copper, and zinc in each product. For reference, standard content values for copper, iron, aluminium, and gold are pre-defined for each product category under the E-Waste (Management) Rules, 2022. These values apply to all products from all companies, regardless of their actual content. Because of this, the corporation will have to fulfil higher recycling targets than it should, even if the actual consumption of a product is lower than the requirement.

· Utilization of Recycled Materials: Producers must include a specific proportion of recycled materials in their goods. However, imported goods might not be subject to this requirement if the list of regulated entities is restricted to domestic producers, as is the case with other rules. (In the end, how the authorities interpret this will determine this.) Furthermore, importers are

not now required to buy “recycled materials certificates” in place of direct usage. Therefore, compared to domestically produced goods, imported goods can ultimately be subject to fewer legal requirements.

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