India Regulatory News

On 27 April 2023 the Indian Ministry of Environment, Forest and Climate Change published a notification in the Gazette of India announcing the Plastic Waste Management (Amendment) Rules, 2023. The Rul...

On 27 April 2023 the Indian Ministry of Environment, Forest and Climate Change published a notification in the Gazette of India announcing the Plastic Waste Management (Amendment) Rules, 2023. The Rules came into force on the day of publication in the Gazette and are an amendment to the Plastic Waste Management Rules, 2016 previously amended by the Plastic Waste Management
(Second Amendment) Rules, 2022.

The following amendments have been made to the Plastic Waste Management Second Amendment Rules, 2022:

Rule 10. Protocols for compostable and biodegradable plastic materials.

The deadline for the provisional certificates for biodegradable plastics issued by the Central Pollution Control Board (subrule 5) has been prolonged by one year. The provisional certificates shall be valid till 30 June 2024 with the condition that production or import of biodegradable plastic shall cease after 31 March 2024.

Rule 11. Marking and labelling

The rule that each plastic carry bag must have name, registration number of the producer or brand owner, and the thickness in case of carry bag and plastic packaging does now not apply to ‘rigid plastic packaging’.

Rule 13. Registration of producer, recyclers and manufacturer

Every producer or importer shall for the purpose of registration make an application as per the guidelines specified in Schedule II. The renewal of registration has been omitted (from Subrule 2). The registration granted under this rule shall be changed only on the request of Producers, Importers
& Brand owners, under the existing Extended Producer Responsibility registration. The registration granted under this rule shall be valid for a period of one year, unless revoked,
suspended or cancelled and shall subsequently be granted for three years.

Schedule II. Guidelines on Extended Producers Responsibility (EPR) for Plastic Packaging

• Clause 6.6: The details regarding registration on the EPR portal have been modified. The following is now valid: While registering, the entities shall have to provide PAN Number, GST Number, CIN Number of the company in case of company and the entities may provide Aadhar Number and shall provide PAN Number of authorized person or representative and any other necessary information as required.

• Clause 10.6: Producers, importers and brand-owners must file annual returns on the collected plastic packaging waste on the EPR portal by 30 June of the next financial year. Provided that the last date for filing of annual returns for the financial year 2022-2023 is the 31 October 2023.

• Clause 11.2: Plastic waste processors (recyclers or other waste processors including composting facilities) must submit annual returns after the end of each financial year by 30 April. Provided that the last date for filing of annual returns for the financial year 2022-2023 is the 31 July 2023.

The Offcial Gazzette can be found here: https://egazette.nic.in/WriteReadData/2023/245496.pdf

In April 2023 the Central Government of India published two notices in the Indian Gazette delaying the start date for the Quality Control Orders (QCOs) for the 10 substances listed in the table below....

In April 2023 the Central Government of India published two notices in the Indian Gazette delaying the start date for the Quality Control Orders (QCOs) for the 10 substances listed in the table below. The initial enforcement date for the substances was 24 April 2023 and 20 May 2023.

The Quality Control Order is the regulation that requires concerned substances to carry the certification mark of the Bureau of Indian Standards (BIS).

For further information on BIS compliance, visit GPCgateway or contact GPC at compliance@gpcregulatory.com

On 23 March 2023, The Gazette of India published that the Indian Department of Chemicals and Petrochemicals (DCPC) has delayed the implementation of the quality control order (QCO) for ethylene glycol...

On 23 March 2023, The Gazette of India published that the Indian Department of Chemicals and Petrochemicals (DCPC) has delayed the implementation of the quality control order (QCO) for ethylene glycol until 28 June 2023. It’s the second time the QCO for ethylene glycol has been delayed. 

Ethylene glycol is used in manufacturing cosmetics, paints, ballpoint pens, solvents, and hydraulic brake fluids. The substance was among five that the Bureau of Indian Standards (BIS) categorized as specialty chemicals covered by QCOs, originally scheduled to enter into force in December 2021.  

The implementation is delayed in the public interest and to prevent dislocation in manufacturing and trade.  

Due to staff shortages, BIS inspectors have been unable to conduct inspections in overseas manufacturing plants exporting materials into India.  

Manufacturers, importers and the traders are obliged to obtain a quality certificate from the BIS under the QCO rules. This process is to be done every two years and the manufacturers, importers, and traders cannot conduct any business using the substance without QCO certificate. 

On 21 March 2023, a draft proposal was released by India’s Central Pollution Control Board (CPCB), that specifies the average lifetime of products under the E-Waste (Management) rules, 2022. On 1 Ap...

On 21 March 2023, a draft proposal was released by India’s Central Pollution Control Board (CPCB), that specifies the average lifetime of products under the E-Waste (Management) rules, 2022. On 1 April 2023, this came into force.

E-waste management refers to the process of properly disposing of electronic waste, which includes any electronic device or component that has reached the end of its useful life. Some strategies of E-Waste management are as follows:

• Reduce: The first step in e-waste management is to reduce the amount of electronic waste generated.

• Reuse: Reusing electronic devices and components is another way to reduce the amount of e-waste.

• Recycle: Recycling is the most common and effective method of managing e-waste. It involves extracting useful materials such as metals, glass, and plastics, which can be used to manufacture new products.

• Disposal: If electronic devices cannot be reused or recycled, they should be disposed of properly.

In short, e-waste management is crucial for protecting the environment and human health. Byreducing, reusing, recycling, and properly disposing of electronic devices, we can minimize the negative impact of e-waste and create a sustainable future.

From 2023 onwards, Producers must comply with the E-Waste recovery targets set up by the E-Waste (Management) rules and the average lifetime of products is used to calculate these targets. Below is the recycling rate given which the producers are required to reach:

The average life for 85 categories of EEE items is proposed. A few examples are given below and the complete list can be found here: link: openpdffile.php (cpcb.nic.in)

E-Waste recycling target is calculated as per the rules by multiplying sales volume of EEE item in year (Y) and E-waste recycling rate.

Example: Recycling target for the above EEE item “scanners” in 2023 can be calculated as follows:

1. E-Waste recycling rate in 2023: 60 %;

2. The average life of a scanner: 5 years;

3. The sales volume in 2018 (2023 – 5): 1500 kg;

4. E-Waste recycling target for the scanner: 1500 kg X 60% = 900 kg

On March 6, 2023, the Indian government issued the guidelines 'IS 18149:2023— Transportation of Dangerous Goods—Guidelines', which have been formulated under the Transport Services Section...

On March 6, 2023, the Indian government issued the guidelines 'IS 18149:2023— Transportation of Dangerous Goods—Guidelines', which have been formulated under the Transport Services Sectional Committee, SSD 01, of the Bureau of Indian Standards (BIS). 

The aim of the Guidelines is to standardize the transportation practices and to ensure safety when transporting of dangerous goods and hazardous goods that pose threat to the public safety, properties and environment. The Guidelines provide detailed precautions which are to be taken for packaging, handling and transportation of the hazardous goods. They apply to all stakeholders including vehicle owners, transport agencies, contractors, consignors, consignees, operators, and drivers. 

The BIS has provided guidelines on classification, packaging, labelling and marking, handling, documentation, role of stakeholders, training, transportation, emergency action, and provisions for segregation.  

The dangerous goods referred in the standard include explosives, gases, flammable liquids, flammable solids, oxidizing substances and organic peroxides, poisonous and infectious substances, radioactive substances, corrosive substances and other miscellaneous dangerous substances. 

On 31 March 2023, Indian government published a Gazette Notification regarding the BIS requirements and the related implementation dates of six chemicals. According to the published Quality Control Or...

On 31 March 2023, Indian government published a Gazette Notification regarding the BIS requirements and the related implementation dates of six chemicals. According to the published Quality Control Orders (QCO), below chemicals will require BIS certificates from July and October 2023.

For further information on BIS compliance, visit GPCgateway or contact GPC at compliance@gpcregulatory.com

On March 14, 2023, the Indian Chemical Council called for a stakeholder meeting concerning making BIS Standards mandatory for 76 chemicals. These chemicals are listed under international conventions t...

On March 14, 2023, the Indian Chemical Council called for a stakeholder meeting concerning making BIS Standards mandatory for 76 chemicals. These chemicals are listed under international conventions to which India is a signatory or as Hazardous Chemicals notified by Ministry of Environment, Forest and Climate Change (MoEF&CC) under the Manufacture, Storage, and Import of Hazardous Chemicals (MSIHC) Rules, 1989.

Since 2018, 63 chemicals have been added to the BIS compulsory list (Scheme I) with individual timelines for implementation. Out of these substances, 25 have been implemented, another 38 chemicals are due to be added during 2023 according to the published Quality Control Orders (QCO).

Industry stakeholders are encouraged to submit their comments even after the meeting. Share your comments directly to the BIS (here) or send them to our BIS team at compliance@gpcregulatory.com