PRO Authorization

The use of excessive goods and resources has enabled the exploitation of them and resulted in pollution as well as intense degradation of the environment. It hereby became necessary for the proper management of the waste. Decision makers of the law expressed their concerns about the improper management of the waste that has been produced as a result. In the last ten years, the government has put more responsibility for end-of-life management on the producers of these commodities which was known as Extended Producer Responsibility (EPR). In addition, the producer has the option of assigning this duty to a Producer Responsibility Organization (PRO Registration), which is compensated by the producer for used product management. 

How Does PRO Manage EPR Liabilities?

Producers of Electrical and Electronic Equipment (EEE) have the option to manage their Extended Producer Responsibility (EPR) individually or collectively through a Producer Responsibility Organization (PRO Certificate) that has been acknowledged by the producer or producers in their EPR. Authorization under the E-Waste (M) Rules, 2022. A PRO applies to the Central Pollution Control Board for registration to engage in the activities that Producer Responsibility Organizations are required to carry out under the E-Waste Management Rules, 2022. It has also been clarified in the rules that the whole liability still lies against the producers and the PRO will not bear any such EPR liability.

Producer Responsibility Organization referred to as 'PRO' deals with end plastic goods management and recyclability of the goods. Producer Responsibility Organization (PRO Certification) policies were recently introduced by the CPCB (Central Pollution Control Board). The increasing consumption of a range of complex durable goods over the years has caused serious environmental problems. Proper handling and management of the waste produced has been a matter of serious alarm for policymakers. The authorities recently introduced a policy for producers of these goods to be responsible for their end-of-life management. Such producers may also choose to delegate this responsibility to a third party who is authorized by the CPCB department. It involves pro authorization, pro certification, pro registration, pro license, and pro consultants. These guidelines are based on the principle of EPR (Extended producer responsibility), which makes the producers responsible for the environmental effects throughout the life-cycle of products.

Government Regulations in Respect of (PRO) Producer Responsibility Organization License

In India, the concept of PRO (Producer Responsibility Organization) is defined in two types of waste-

• Plastic Waste Management
• E-Waste Management

The E-Waste (Management) Rules, 2022, and Plastic Waste Management Rules, 2016 as amended in 2022, make producers of electronic and plastic products responsible for the collection of plastic and electronic product waste. Such producers need to establish a system to collect back and recycle the waste generated due to their products.

Role of Producer Responsibility Organization (PRO) Certification

Producer Responsibility Organization (PRO) assist the producers upon engagement in one or more of the following tasks:

• Ensuring the identification of the e-waste that is gathered and directed
• Implementing an awareness campaign among consumers, wholesale buyers, and producers to encourage them to collect and effectively recycle e-waste.
• Facilitating an Eco-friendly e-waste dismantling and recycling procedure. 
• To construct collection facilities or points that can entail collection enclosures or running through warehouses in accordance with CPCB norms.
• Support a producer or producers in fulfilling their legal obligations by meeting collection targets, establishing collection centres or locations, carrying out take back, carrying out awareness campaigns, etc. but only if the producer engages that PRO.

Capability and Capacity of Producer Responsibility Organization (PRO) Certificate

A Producer/Agency should mention its capacity for waste handling, this includes capacity for storage, collection, and recyclers with whom it has an arrangement for recycling of such waste. A producer should also be skilled in channelizing plastic and electronic waste for meeting the collection targets of its Producers/Brand Owners.

Responsibilities of a Recycler

• Every person recycling or processing waste or proposing to recycle or process plastic waste shall make an application to the State Pollution Control Board or the Pollution Control Committee, for grant of registration
• It is the responsibility of the recycler to ensure environment-friendly management of the waste
• The recycling facility should have adequate pollution control equipment to prevent environmental pollution.
• Every person engaged in recycling or processing of plastic waste shall prepare and submit an annual report to the local body concerned under intimation to the concerned State Pollution Control Board or Pollution Control Committee by the 30th of April, of every year
• Verification of application: In each case, the Central Pollution Control Board (CPCB) has the authority to inspect, verify and scrutinize the application and decide accordingly. The target time for response by the Central Pollution Control Board (CPCB) shall be 30 days.
• The registration under E-waste management Rules shall be effective for the duration of three years. A request for renewal of registration shall be made 60 days prior to the expiry. 

The Documents required for the PRO Authorization Registration are as follows-

• Name of the Company 
• Complete Address and Respective Proof
• Contact Details including Phone Numbers, Email Address etc.
• GST Registration of the Company
• PAN Card of the Company
• Full name of the authorized person
• ID, Address Proof and PAN Card of the authorised person
• Detailed information on dismantlers, recyclers, logistic partners etc.
• Details regarding transportation, collection and storage of waste
• Details signifying the capacity of dismantlers
• Agreements with the channel partners
• Complete details of all collection, storage, and transportation facilities
• Details regarding website, equipment and mechanism involved
• Any other detail that a PRO wishes to disclose

Application Submission: An application form shall be submitted to the Central Pollution Control Board (CPCB) for registration of PRO according to the guidelines for both plastic as well as electronic waste management. The guidelines for e-waste management do not specify any minimum requirements for registration of PRO, while guidelines for plastic waste management specify the following requirements. Connect with team Corpseed to know more about requirements.

Time to Issue a PRO Registration

A PRO would be granted its registration upon 60 (sixty) days of a complete application and upon sufficient evaluation of the CPCB. Once the CPCB receives an application, it shall respond along with any corrections to be made within 25 days. The reply shall include a detailed check-list of everything that is required.

The responsibility of issuing a registration to a PRO lies with the Central Pollution Control Board (CPCB). Only after completing PRO Registration, a Producer Responsibility Organisation is allowed to manage waste on behalf of the producers. A PRO Certificate is issued for 5 (five) Years. Before the expiry of the PRO Registration Certificate, the registration has to be renewed by making an application to CPCB.

A PRO registration is granted to the Producer Responsibility organisation but it is subject to some conditions like the validity it holds. To keep working as a PRO, you need to apply for its renewal 60 (sixty) days before the expiry of the previous registration along with the supporting documents. After scrutinising the application, CPCB officials can renew the PRO Registration Certificate for another 5 (five) years.

Cancellation of a PRO Authorization Certificate

In cases where a PRO does not follow or adhere to the provisions of the Environment Protection Act of 1986, the E-Waste Management Rules of 2022 or any other amendment made to the provisions, the CPCB may suspend or cancel the registration of a PRO. Furthermore, if a PRO is found to violate the rules and regulations related to the registration or is found to be violating any provision by the SPCB or the CPCB during the inspection, a notice regarding the same would be issued to such PRO within 25 (twenty-five) Days. 

Before a PRO's registration is cancelled or suspended, the PRO will have the option to appear before the Member Secretary of the CPCB, who will then approve the action. After the hearing, the decision about cancellation or suspension of registration will be communicated within 10 (ten) days.

Furthermore, any PRO who is dissatisfied with a decision to cancel or suspend registration made by the Member Secretary of the CPCB may appeal the decision to the Chairman of the CPCB, whose decision is binding, within thirty days of the date on which it was reported to it.

Our expert team in matters of CPCB Authorizations provides you with tailored guidance according to your needs. The team has years of experience in waste management authorisations and compliance management. We are well versed in the rules of all kinds of Waste Management including Plastic Waste, E-Waste, Battery Waste and Tyre Waste. Along with this knowledge, the team at Corpseed is well aware of the possible challenges that entrepreneurs face while dealing with CPCB, SPCB and PCC of the State. It makes us the best choice to take assistance regarding your PRO Authorization. Corpseed is the one-stop solution for all your business needs.