What Happens If You Don’t Have EPR Certification?

Introduction: An Overview of EPR Certification

EPR stands for Extended Producer Responsibility. This certification aims at promoting consciousness and sustainability in business houses towards environment and the waste products.

The legislative intent behind this certificate is to ensure that brand owners and producers are playing a key role in reducing, reusing and processing plastic waste. It aims to ensure that is the responsibility of these business houses to regulate and check that the plastic packaging waste being generated by them is being processed with the help of techniques such as Asco processing and industrial composting.

Why is an EPR Certificate Important?

An EPR certificate is important for the following reasons–

•    Waste Reduction– The entire concept of this certificate is to reduce the consumption of plastic waste in our environment. It ensures that the manufacturers are disposing of the plastic waste in an efficient manner. Thus, it can be assessed that this certificate helps in the reduction of waste in the environment.

•    Increases Goodwill– This certificate increases the credibility of the manufacturer and it also builds a good rapport in the eyes of the environmentally conscious consumers. Thus, this certificate increases goodwill.

•    Compliance with governmental authorities– Obtaining this certificate is an affair that can be accomplished only after being compliant with the other regulations. Therefore, indirectly, this certificate ensures that the organizations availing are compliant with all the rules and regulations.

Who requires EPR certification?

EPR certificate is mandatory for manufacturers and producers. Only small business owners are exempted from it.

What are the EPR Certificate's Challenges and Limitations?

•    Regulatory Compliance– The filing process of this certificate is complex and it requires heavy compliance and both internal and external audits. Thus, it becomes cumbersome to ensure compliance with this process.

•    Product Disposal– This is one of the key issues associated with this license. There are some plastic products that are non - recyclable in nature. This certificate does not address this issue. Thus, a very prominent or explicit impact of this certificate is not visible in the environment. 

•    Irregulated Consumption– This certificate only addresses the issue of disposal of plastic waste and not the amount of plastic waste generated by a particular industry or manufacturer. Thus, it acts as a decent scheme on paper but in actuality still requires a lot of work.

Important Steps of EPR Certification

• It is necessary to have a proper blueprint of the factory or the place of business for which the proprietor is seeking an EPR certificate. 

• It should be kept in mind that both the internal and external audits are conducted for the availment of this certificate.

• It is crucial to submit the blueprint and audit reports duly to avail of is certificate without much hassle.

• An experienced legal consultant in the field of licensing and EPR can be an ideal fit for the advice related to drafting and arranging the documents for this license.

Obtaining an EPR Certificate for Import

Firstly you need to have these documents as proof of Evidence and afterwards, you can proceed ahead with the filing process–

•    PAN of the business entity

•    CIN of the business entity

•    GST Certificate of entity

•    Personal Identification documents - Authorized Person Aadhaar Card & PAN Card pdf

•    Factory License 

•    MSME Certificate

•    Air and Water Consent issued by SPCB/ PCC pdf (Applicable for having Production Facility)

•    Product Packaging Images (jpeg format)

•    Cover Letter on Entity Letterhead

•    Signature of Authorized Person (jpeg image)

•    IEC Certificate pdf 

•    Process Flow Diagram of Operations (if applicable) 

•    GST Certificate of States in which PIBO Operating

•    Declaration if any 

After procurement of the documents, an applicant can proceed ahead with the filing of the application. It requires the following details-

•    Category of Applicant (Producer / Importer / Brand Owner)

•    Legal Name of the business entity as per GST

•    Trade Name of the entity as per GST

•    Type of Business of the said business entity

•    Category of Company (Micro / Small / Medium/ Large)

•    Registered Address of Business Unit

•    Entity PAN

•    Entity CIN

•    Name of Authorized Person

•    Designation of Authorized Person

•    Aadhar Card Details of Authorized Person

•    PAN Number of Authorized Person

•    Mobile No.

•    Email ID

What is the validity period for an EPR certificate?

As per the updated rules, the new EPR certificate (newly registered) is valid for 01 year whereas the existing certificate which has been renewed is valid for three years.

Conclusion

The business environment is a very dynamic landscape. Therefore, it becomes necessary to draft policies that the interests of business houses and align with the conservation of the environment.

By seeking the help of a professional, a business house can understand the nuances of this certificate and can duly file it with the assistance of that professional.

Author:

Disha Chauhan
Delhi, India
Campus Law Centre, University of Delhi, Final Year Law