Summary of

Draft Amendment under PWM Rules, 2016

By Ministry of Environment, Forest and Climate Change
Based on Notification Published on 18th January 2022
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Draft Notification Plastic Waste Management (Amendment) Rules, 2022
Jan 2022

Preface

MOEF&CC has recently published draft notification which the central government proposes to issue for making certain amendments in the PWM Rules, 2016 for information of the public
likely to be affected thereby. Such public is invited to make any objection or suggestion on the proposals contained in the draft notification, may do so within the specified period of 60
days.

A A Garg & Co’s team has studied this draft and have summarised the same for quick consumption by relevant stakeholders. Overall, the proposal contains various Additions, Insertions,
Modifications and Definitions under various Rules/Clauses.

Key Highlights
• Insertion of new Definitions: for “Biodegradable Plastics”, “Brand Owner”, “End of Life Disposal”, “Importer”, “Plastic Packaging”, “Plastic Waste Processors”, “Post-consumer
plastic packaging waste”, “Pre-consumer plastic packaging waste”, “Recyclers”, “Use of recycled plastic” and “Waste to Energy”
• Modification in Rule 9: Responsibility of Producers, Importers & Brand Owners – The PIBOs shall fulfill EPR on plastic packaging waste as per regulations issued under these rules
from time to time.(Refer Draft Regulation on EPR for Plastic packaging waste issued in 06.10.2021)
• Modification in Rule 10: Protocols for compostable and bio-degradable plastic materials
• Modification in Rule 11: Marking or labelling requirements for PIBOs, effective from 1st July 2022.
• Modification in Rule 13: Registration of Producer, Importers, Brand owners, Recyclers(plastic processors), Manufacturer – as per the procedure prescribed under Regulations for
EPR(Refer Draft Regulation on EPR for Plastic packaging waste issued in 06.10.2021)
• Inclusion of Rule 18: Imposition of Environmental Compensation
• Modification of Forms I for Producers & Brand owners: Action plan as per regulation notified for EPR (Refer Draft Regulation on EPR for Plastic packaging waste issued in
06.10.2021)
• Insertion of Form III for Importers EPR registration
• Modification in Form IV for Plastic waste processors(PWP): Data to be provided as per Regulation on EPR by 30th April of every year to SPCB or PCC

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Key Definition newly added in the draft regulation

• means that plastics, other than compostable plastics, which undergoes complete degradation by biological processes under
ambient environment (terrestrial or in water) conditions, in specified time periods, without leaving any micro plastics, or
Biodegradable Plastics
visible, distinguishable or toxic residue, which has adverse environment impacts, adhering to laid down standards of Bureau of
Indian Standards and certified by Central Pollution Control Board

• means packaging material made by using plastics for protecting, preserving, storing and transporting of products in a variety of
Plastic Packaging
ways

• means recyclers and entities engaged in using plastic for energy (waste to energy)including in coprocessing or converting it to
Plastic Waste Processors
oil (waste to oil), industrial composting

• means plastic packaging waste generated by the end-use consumer after the intended use of packaging is completed and is no
Post-consumer plastic packaging waste
longer being used for its intended purpose

• means plastic packaging waste generated in the form of reject or discard at the stage of manufacturing of plastic packaging and
Pre-consumer plastic packaging waste plastic packaging waste generated during the packaging of product including reject, discard, before the plastic packaging
reaches the end-use consumer of the product

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Key Definition amended in the draft regulation

Brand Owner • means a person or company who sells any commodity under a registered brand label/ trademark*#

• means a person who imports plastic packaging product or products with plastic packaging or carry bags or multilayered
Importer
packaging or plastic sheets or like*#

• means using plastic waste for generation of energy which includes co- processing (e.g., in cement kilns) or waste to oil or for
End of Life Disposal
road construction as per Indian Road Congress guidelines and other relevant guidelines*

Recyclers • are entities who are engaged in the process of recycling of plastic waste*

Use of recycled plastic • means recycled plastic, instead of virgin plastic, is used as raw material in the manufacturing process*

Waste to Energy • means using plastic waste for generation of energy and includes co- processing (e.g., in cement kilns)*

*previously part of draft EPR Notification, now have been introduced in the new draft amendments of PWM Rules introduced on 18 th January 2022 4
#revised definitions
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Draft Notification Plastic Waste Management (Amendment) Rules, 2022
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Amendment in Responsibility of PIBOS

Under sub-rule (1), of Rule 9 the following has been inserted

The Producers, Importers and Brand Owners, shall fulfil Extended Producers Responsibility on plastic packaging waste as per regulations issued under these rules from time to time. The
producers, within a period of six months from the date of publication of these rules, shall work out modalities for waste collection system based on Extended Producers Responsibility and
involving State Urban Development Departments, either individually or collectively, through their own distribution channel or through the local body concerned as per guidelines issued from
time to time under these Rules; as per guidelines issued under these rules from time to time” shall be inserted

Under sub-rule (5), of Rule 9 the following has been inserted for Producer to take the registration from
No producer shall on and after the expiry of a period of Six Months from the date of final publication of these rules in the Official Gazette manufacture or use any plastic or multi- layered
packaging for packaging of commodities without registration from Central Pollution Control Board if operating in more than two states or union territories the concerned State Pollution
Control Board or the Pollution Control Committees as per sub-rule 13 (2);
Central Pollution Control Board if operating in more than two states or union territories or the concerned State Pollution Control Board or the Pollution Control Committees

Amendment in Rule 10 for Protocols for compostable and biodegradable plastic materials

The following amendment has been proposed under Rule 10

Protocols for compostable and biodegradable plastic materials.-Determination of the degree of degradability and degree of disintegration of plastic material shall be as per the protocols of
the Indian Standards listed in Schedule I to these rules, wherein, it shall be ensured that standard biodegradable plastic, other than compostable plastics, undergoes complete degradation by
biological processes under ambient environment (terrestrial or in water) conditions, in specified time periods, without leaving any micro plastics, or visible, distinguishable or toxic residue,
which has adverse environment impacts, following appropriate standards developed by Bureau of Indian Standards and certified by Central Pollution Control Board. The compostable plastic
materials shall conform to the Indian Standard: IS 17088:2008 titled as Specifications for Compostable Plastics, as amended from time to time.

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Draft Notification Plastic Waste Management (Amendment) Rules, 2022
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Amendment in Rule 11(1) for Marking and Labelling

Each Plastic Carry bag, Plastic Sheet or like used for packaging & Multi-layered Packaging [Under Rule 11(1a) & 11(1b)]:
Below information to be printed in English with effect from 1st July 2022

Carry bag, plastic sheet Carry bags made of

Multi-layered Packaging
or like used for packaging Compostable Plastic
[Under Rules 11(1b)]*
[Under Rules 11(1a)]* [Under Rule 4(h)]

✓
Name & Registration No. of
Producer or Brand Owner
✓ ✓ (Name & Certificate No. of
Producer)
Thickness of the Plastic ✓  
Note: *The above is exempted for multi-layered packaging, plastic sheet or like used for packaging of imported goods.
Nothing contained in this proviso shall apply to “plastic sheet or like used for packaging” in cases exempted under Rule 26 of Legal Metrology Packaged Commodities
Rules, 2011

The importer or brand owner, of imported carry bags or multi-layered packaging or plastic sheets or like used for packaging, alone or along with products
shall adhere to Sub-rule 11 (1a) and 11 (1b).

Sample of Plastic sheets or like • Manufacturer’s Name & Registration No.

• Information on ‘Recycled’ Plastic used
• Mention of thickness in microns

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Amendment in Rule 13 Registration of producer, recyclers and manufacturer

Under sub-rule (2), of Rule 13

Every producer, importer or brand-owner shall, for the purpose of registration or for renewal of registration, make an application in Form-I to as per the procedure prescribed under
Regulation for Extended Producer Responsibility issued under Rule 9 (1)

i. “The concerned State Pollution Control Board or Pollution Control Committee of the Union territory, if operating one or two States or Union Territories”; or
ii. “The Central Pollution Control Board, if operating in more than two States or Union Territories”.

Under sub-rule (7), of Rule 13

The registration shall be subject to every person recycling or processing plastic waste or proposing to recycle or process plastic waste, adhering to the Regulation for Extended Producer
Responsibility issued under Rules 9 (1), as applicable

Addition of New Rule 18 for Imposition of Environmental Compensation:

Under the above said rule following are proposed to be added

1. Environmental Compensation shall be levied based upon polluter pays principle, on person(s) not adhering to the provisions of these rules, for the purpose of protecting and
improving the quality of the environment and preventing, controlling and abating environment pollution.

2. CPCB shall lay down guidelines for imposition and collection of environment compensation and the same shall be notified. The Guidelines for Environmental Compensation shall be
updated, as required

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Amendment/ Additions in Forms as per the amended PWM Rules

Forms Subsequent Rule Applicable To Description

Form – I
Under Rule 13(2) Producer Application for Registration for Producers or Brand Owners
(I-Producers)

Form – I
Under Rule 13(2) Brand Owner Application for Registration for Producers or Brand Owners
(II-Brand Owners)

Form – I
Under Rule 13(2) Importer Application for Registration for Producers or Brand Owners
(III-Importers)

Form – II Under Rule 13(3) PWPF Application Form for Registration of Units engaged in Processing or Recycling of Plastic Waste

Form - III Under Rule 13(4) Manufacturer Application for Registration for Manufacturers of Plastic Raw Materials

Form - IV Under Rule 17(1) PWPF Format for Annual Report by Operator of Plastic Waste Processing or Recycling Facility to the Local Body

Form - V Under Rule 17(2) Local Body Format for Annual Report on Plastic Waste Management to be submitted by the Local Body

State-wise status of implementation of Plastic Waste Management Rules, 2016 for the year ____
Form - VI
Annual Report Format

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Amendment in Form I-(1. Producers)

For Producer or Brand Owners

Under Part C –11 of Form 1 (required for the Application of
Registration for Producer or Brand Owners) the Action plan will be
get changes as per Regulation Notification for Extended Producer
Responsibility.

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Draft Notification Plastic Waste Management (Amendment) Rules, 2022
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Amendment in Form I (II-Brand Owners)

For Producer or Brand Owners

Under Part C –11 of Form 1 (required for the
Application of Registration for Producer or Brand
Owners) the Action plan will be get changes as per
Regulation Notification for Extended Producer
Responsibility.

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Draft Notification Plastic Waste Management (Amendment) Rules, 2022
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New Form I (III-Importers) introduced for Importers

For Importers
A separate Form 1 for the Application for Registration of
Importer has been added.

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Form II

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Form III

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Amendment in Form IV

For Annual Report by Operator of plastic waste processing or

recycling Facility to the Local Body

The following has been added as Part 10 “Data to be provided as

per Regulation on Extended Producer Responsibility issued under
Rule 9 (1) by the 30th April of every year to the concerned State
Pollution Control Board and Pollution Control Committee”

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Form V

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Amendment in Form VI

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