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India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has notified the draft Hazardous and Other Wastes (Management and Transboundary Movements) Second Amendment Rules, 2024 on August 14, 2024, and is inviting comments for 60 days. The proposed rules include an Extended Producer Responsibility (EPR) regime for the non-ferrous metals — Aluminium, Copper and Zinc — as well as products containing these metals, which will impose new obligations on producers such as registration, fulfilment of recycling targets, and submission of annual returns. Penalties will be imposed for violations in the form of environmental compensations. The proposed rules, once formally promulgated, will enter into force on April 1, 2025.
Definition of “Producer”
“Producer” means any person or entity, irrespective of the selling technique used such as dealer, retailer, e-retailer, who,
- Manufactures and offers to sell products made up of non-ferrous metals and their components or consumables or parts or spares under its own brand, using non-ferrous metals or their alloys; or
- Offers to sell under its brand assembled products made up of non-ferrous metals and their components or consumables or parts or spares produced by other manufacturers or suppliers, using non-ferrous metals or their alloys; or
- Offers to sell imported products made up of non-ferrous metals and their components or consumables or parts or spares under their own brand or original brand, using non-ferrous metals or their alloys; or
- Who imports used devices or products or scrap of non-ferrous metals.
Subjected Products
Products subject to the EPR obligations are listed in Schedule I:
- 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 (Cookware, canisters, storage and other such product)
- Furniture tables, chairs, benches, ladders etc. including door knobs, handles, hardwares
- Roofing & ceiling sheets
- Motors, pumps, alternators and other such product
- Conductor cables & wires, strips
- Sanitary ware & fittings
- Electrical fittings
- Aluminium alloy bicycle
- Transformer
- Electric generator sets
- Centralized air conditioning plants
- Apparel products e.g. belt buckles, zip, shoes
- Toys
Recycling Target
The recycling targets of producers are calculated according to the formula below. To fulfill the target, producers shall purchase EPR certificates from registered recyclers. However, for units established after April 1, 2025, the obligation will start after two years and shall be as per the target prescribed above.
If average life of the product = 5 years, recycling target in year 2025-26 shall be:
2025 – 5 = 10 % of weight in year 2020
*According to the rules, it is unclear whether the above targets are calculated based on “products sold” or “products produced” of each year.
Used of Recycled Materials (For Manufacturers)
Meanwhile, manufacturers () shall be responsible for use of recycled materials in their products. Beginning in year 2027-2028, minimum use of recycled materials in new product made of non-ferrous metals shall be achieved as per the following table:
