India Regulatory News

On 11 October 2023, India's Ministry of Environment, Forest and Climate Change (MoEFCC) notified the draft Ecomark Certification Rules, 2023. The final day for comments is 60 days from the date of not...

On 11 October 2023, India's Ministry of Environment, Forest and Climate Change (MoEFCC) notified the draft Ecomark Certification Rules, 2023. The final day for comments is 60 days from the date of notification. These rules apply to all products produced or supplied for distribution, or use in the market, unless otherwise excluded under the Ecomark Certification Rules. 

Introduction: 

The Ecomark Certification Rules, 2023 ('the Ecomark Rules') provide for the labelling of products designed to minimize their environmental impact. The primary objective is to encourage consumer acceptance of such products and to motivate manufacturers to move towards producing Ecomark certified products, thereby promoting sustainability. 

The Ecomark Rules aim to promote environmentally friendly products and ensure the level of environmental performance of such products in terms of consumption of resources and environmental effects. This includes effects on climate change, effects on nature and biodiversity, energy consumption, waste production, discharges into all environments, pollution caused by physical effects and the use and release of hazardous substances. 

The Ecomark Rules will provide labels for products that meet approved environmental criteria. 

Purpose: 

The purpose of the Ecomark Rules is to increase demand for environmentally friendly products that have less negative environmental impacts, in line with the principles of LiFE (Lifestyle for Environment). The rules promote resource efficiency and the circular economy and aim to prevent misleading information on the environmental aspects of products. 

The following are the key objectives of the Ecomark Rules: 

1. To raise consumer awareness regarding environmental issues and the consequences of their choices, thereby encouraging a shift towards more environmentally friendly behaviors and consumption patterns. 

2. To encourage manufacturers to switch to the production of Ecomark certified products. 

3. Take measures to avoid deceptive or misleading information about the fraudulent use of the EcoMark label. 

On 13 October 2023, the Indian Department for Promotion of Industry and Internal Trade (DPIIT) notified the World Trade Organization (WTO) of the Quality Control Order (QCO) for rubber and thermoplast...

On 13 October 2023, the Indian Department for Promotion of Industry and Internal Trade (DPIIT) notified the World Trade Organization (WTO) of the Quality Control Order (QCO) for rubber and thermoplastic hoses. The final day for comments is 60 days from the date of notification. 

Rubber and Thermoplastic Hoses: 

• Rubber and thermoplastic hoses are used in a variety of industries such as engineering machinery, mining, industrial applications, agriculture, aircraft ground refuelling/de-fuelling, and others. 

• Thermoplastic hoses and hose assemblies are used in a variety of applications such as agricultural spraying, water discharge, motor vehicle fuel discharge, aircraft ground fuelling and de-fuelling, and so on. 

A list of Indian Standards for various rubber and thermoplastic hoses can be found here.  All articles listed shall bear the Standard Mark under a license from the Bureau of Indian Standards (BIS) as per Scheme-I of Schedule-II of the Bureau of Indian Standards (Conformity Assessment) Regulations, 2018. 

Purpose  

The purpose of this regulation is to prevent deceptive practices and to protect consumers, human health or safety, the environment and to ensure quality requirements. 

Timeline 

The QCO will enter into force 6 months after the date of publication in the Official Gazette.

On 13 october 2023, the Indian Department for Promotion of Industry and Internal Trade (DPIIT) notified the World Trade Organization (WTO) of the Quality Control Order (QCO) for rubber flooring mater...

On 13 october 2023, the Indian Department for Promotion of Industry and Internal Trade (DPIIT) notified the World Trade Organization (WTO) of the Quality Control Order (QCO) for rubber flooring materials. The final day for comments is 60 days from the date of notification. 

Rubber Flooring Materials Order 

Rubber floorings are used for a variety of purposes. 

• Rubber flooring materials are suitable for covering the floors of residential and public buildings, cinemas, hospitals, large stores, ships, and transport vehicles, among others. 

• Rubber flooring is one of the most popular types of floorings. 

• Rubber flooring is used in a variety of industries, including commercial, industrial, and sporting events. 

• Rubber flooring tiles provide good traction, are slip resistance, and are fire resistance. 

Purpose 

The purpose of this regulation is to prevent deceptive practices and to protect consumers, human health or safety, the environment and to ensure quality requirements. 

Timeline: 

The QCO will enter into force 6 months after the date of publication in the Official Gazette. 

On 16 October 2023 the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) published a draft notification in the Gazette of India for rules on plastic waste management. The rules can be...

On 16 October 2023 the Indian Ministry of Environment, Forest and Climate Change (MoEFCC) published a draft notification in the Gazette of India for rules on plastic waste management. The rules can be referred to as the Plastic Waste Management (Second Amendment) Rules, 2023. The draft notification is open for comments for 60 days from the date of publication in the Gazette of India.  

According to the draft, the manufacturers and importers of plastic packaging, products with plastic packaging, carrier bags, multi-layer packaging, or plastic sheets should comply with the registration of the concerned State Pollution Control Boards (SPCB) or Pollution Control Committee. 

Plastic Packaging 

Plastic packaging means packaging material made from plastics for the protection, preservation, storage, and transport of products in a variety of ways and includes the following categories: 

The thickness requirement does not apply to carrier bags and commodities made from compostable plastic and biodegradable plastics. Carrier bags and commodities made from compostable plastics shall conform to the Indian Standard: IS/ISO 17088:2021 titled Specifications for Compostable Plastics, as amended from time to time. The manufacturers or sellers of compostable plastic and biodegradable plastic, carrier bags and/or commodities or both shall obtain a certificate from the Central Pollution Control Board before marketing or selling. 

Extended Producer Responsibility 

Producers, importers and brand owners, shall comply with the Extended Producer Responsibility (EPR) for plastic packaging of following criteria: 

• Compostable and biodegradable plastics 

• Multi-layered plastic sachets or pouches 

The EPR targets for minimum levels of recycling (excluding end-of-life disposal) of plastic packaging waste for each category are listed in the table below: 

                                             (% of Extended Producer Responsibility Target)

BIS Report 

In cases where the sample testing was started, before the laboratory was recognized/certified by BIS (Bureau of Indian Standards) or NABL (National Accreditation Board for Testing and Calibration Laboratories), and the report is complying with IS 17899 T:2022, the production sample should be sent to BIS for re-testing to verify the biodegradable properties.  

According to BIS regulations any plastic packaging should be  labelled as “compostable” or “recycled” or “biodegradable” (with a specific number of days for the product to degrade) in terms of its properties. 

Registration 

Any person engaged in the business of selling, manufacturing or producing raw materials or plastic products should apply for one- time registration on the CPCB web portal.  

The registration guidelines are mentioned on the official website of CPCB: https://cpcb.nic.in/registration-for-brand-owner/ 

Every local body shall be responsible for developing and setting up infrastructure for segregation, collection, storage, transportation, processing and disposal of plastic waste either by itself or by engaging agencies or producers by undertaking assessment of plastic waste generated in a year, including legacy plastic waste, by 30th June of the next financial year and taking necessary steps to prevent stocking, distribution, sale and use of banned single-use-plastic items within its jurisdiction. Also by assessing the plastic waste management infrastructure available for collection, segregation and processing and reporting it on the CPCB website. 

The report must include the following points:  

1. Plastic waste generated in a year, including legacy plastic waste. 

2. Plastic waste management infrastructure available for collection, segregation, and processing. 

3. Forecast of plastic waste to be generated. 

4. Status of development and implementation of byelaws. 

5. Measures taken to prevent the stocking, distribution, sale and use of prohibited single-use-plastic items. 

Every registered person should complete the annual report. The report can be filled by submitting details on the CBCP web portal. Below are the forms that can be submitted by the respective obligated entities: 

The full text of the draft Plastic Waste Management (Second Amendment) Rules, 2023 can be found here. 

On 21 September 2023, the Central Pollution Control Board (CPCB) of India published a notification to establish the framework for generation of EPR certificates for key metals recycled from e-waste ...

On 21 September 2023, the Central Pollution Control Board (CPCB) of India published a notification to establish the framework for generation of EPR certificates for key metals recycled from e-waste under E-Waste (Management) Rules, 2022. EPR stands for Extended Producer Responsibility and means that obligated producers are responsible for the end-of-life collection and treatment of certain products. 

In the notification the key metals are grouped into three categories as mentioned below. 

Under the EPR Scheme, certification for rare earths and other precious materials will be considered and encouraged. However, in the first two years the EPR certification will be limited to gold, copper and aluminium, and iron (including steel and galvanized iron). 

The target for EPR Certificates for gold has been comparatively reduced as it has been determined that the annual capacity for gold recovery is less than the EPR obligation of producers. In the first year of implementation, the EPR obligation for gold will be 20% of the total gold obligation, increasing by 10% for the following year, 15 % for the next two years, afterwards by 20% in the subsequent two years. This means that by 2028-29 the recycling obligation for gold will be 100 % and that the gap between total EPR Obligation in respect of gold and gold recycling capacity will be bridged in five years. 

The EPR obligation of Producers in terms of non-ferrous and ferrous metals will be 100% of the obligation. 

The average material composition of key metals in terms of weight can be found here. 

  On 20 October 2023, the Department of Chemicals and Petrochemicals (DCPC) published a notice in the Indian Gazette delaying the enforcement date for the Quality Control Orders (QCOs) for the 6...

On 20 October 2023, the Department of Chemicals and Petrochemicals (DCPC) published a notice in the Indian Gazette delaying the enforcement date for the Quality Control Orders (QCOs) for the 6 fatty acids listed in the table below.

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

The notice can be found here in Hindi and English.

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

On 12 October 2023 the Ministry of Environment, Forest and Climate Change (MoEFCC) officially promulgated the Green Credit Rules, 2023. The Rules were published in the Gazette of India and came into f...

On 12 October 2023 the Ministry of Environment, Forest and Climate Change (MoEFCC) officially promulgated the Green Credit Rules, 2023. The Rules were published in the Gazette of India and came into force on the same day.  The Green Credit Rules are being implemented to promote the Green Credit Program which aims to promote environmental preservation and sustainability through market-driven strate. 

LIFE campaign 

The Government of India has initiated the 'LiFE' (Lifestyle for Environment) - 'Environmentally Sustainable Development Policy' as a movement to promote environmental protection and sustainable lifestyles based on the traditions and values of conservation by motivating consumers and the public to adopt behavioural changes that promote environmentally friendly actions. 

The Green Credit Rules, 2023, may provide derive cost benefits to environmentalists who reduce such carbon emissions and to the green credit breeding industry. 

Green Credit programme 

Any person or entity may take any measure for the purpose of protecting, preserving or conserving the environment. The measures referred to may include the following activities, namely:  

1. Tree plantation 

2. Water management 

3. Sustainable agriculture 

4. Waste management 

5. Air pollution reduction 

6. Mangrove conservation and restoration 

7. Eco mark label development 

8. Sustainable building and infrastructure 

Green Credit Certification 

The process for obtaining Green Credits for the activities mentioned above is as follows: 

• A person or entity wishing to obtain green credit shall register the activity with the Administrator. 

• An application for registration shall be submitted to the Administrator electronically through a website established by the Central Government for this purpose. 

• The Administrator shall arrange for verification of the activity by a designated agency. 

• Upon successful verification the Administrator will issue a Green Credit Certificate to the applicant. 

Methodology 

The Administrator determines the formula for calculating green credits and the process for generating them. It is based on the equivalent use of resources, size, scope, and other relevant factors required to achieve the intended environmental result. The Administrator shall also specify the process for reviewing and verifying activities. 

Trading 

The Administrator will create and manage a trading platform where green credits can be bought and sold in order to facilitate trading. A Green Credit Registry has also been developed to track the issuance of Green Credits. 

The full text of the Green Credit Rules, 2023 can be found here.