MoEFCC notifies Ecomark Rules, 2024

Notification No.:  G.S.R. 596(E) dated  26th September, 2024

Effective date: Date of publication in Official Gazette viz. 26th September, 2024

Relevant Act: Environment Protection Act, 1986

I) Background:  The Government of India intends to encourage the demand for environment-friendly products that cause lesser adverse impacts on the environment, thereby, supporting the principles of ‘LIFE (Lifestyle for Environment)’, promote lower energy consumption, resource efficiency and conservation, circular economy and prevent misleading information on environmental aspects of products. It is further reiterated that eco-labelling of products enables consumers to make informed purchase decisions as well as encourage manufacturers to transition to production of environment-friendly products leading to promotion of green industries. Hence, the Ecomark may be granted to products that meet specified environmental criteria with respect to resource consumption and environmental impacts, in particular the impact on climate change, impact on nature and biodiversity energy consumption, generation of waste, emissions to all environmental media, pollution through physical effects and use and release of hazardous substances.

Accordingly, draft Ecomark Certification Rules, 2023 were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 4441(E), dated the 11th October, 2023 inviting objections and suggestions from all persons. On 26th September, 2024, Ecomark Rules, 2024 came into force.

 

II) Conditions for grant of Ecomark:


a) An Ecomark may be granted to a product which has a license or a certificate of conformity of Indian Standards granted under the Bureau of Indian Standards Act, 2016 and/or a mandate of the Quality Control Orders issued by the Central Government, and fulfils the criteria for grant of Ecomark specified under the corresponding entries under column (3) of the First Schedule.


b) Criteria for grant of an Ecomark specified under the First Schedule may include the following:-

i) reduces the pollution by minimising or eliminating the generation of waste and environmental emissions;
ii) is recyclable or is made from recycled material or both;
iii) reduces the use of non-renewable resources, including non-renewable energy sources and natural resources;
iv) reduces the use of any material, which has adverse impacts on the environment;

 

c) While developing criteria for grant of Ecomark to a product, the following may be taken into consideration, namely:

i) production process, including source of raw material;
ii) use of natural resources;
iii) environmental impact;
iv) effect and extent of emissions or waste arising from the production process;
v) disposal of the product and its packaging;
vi) compliance with the Guidelines on Extended Producer Responsibility, wherever applicable;
vii) utilisation of waste and recycled materials;
viii) suitability for recycling; and
ix) use of non-hazardous substances in place of hazardous substances

 

III) Procedure for grant of Ecomark. –

(1) An application for grant of Ecomark for a product which complies with the conditions under rule 3 shall be made to the Central Pollution Control Board in Form 1.
(2) On receipt of the application, the Central Pollution Control Board shall, by itself or through a Verifier, verify whether the product complies with the conditions under rule 3.
(3) After making such verification under sub-rule (2) as may be necessary, the Central Pollution Control Board shall prepare a report, or in case the verification is done by a Verifier, the Verifier shall prepare a report and submit to the Central Pollution Control Board, within a period of sixty days from the date of such verification.
(4) On receipt of the report, if the Central Pollution Control Board is satisfied that the product complies with the conditions under rule 3. it may grant Ecomark to the product.
(5) The Ecomark granted under sub-rule (4) shall be valid for a period of three years or until change in Ecomark criteria for the product, whichever is earlier.
(6) An application for the renewal of the Ecomark may be made to the Central Pollution Control Board upon its expiry and the provisions of sub-rules (1) to (5) of this rule and rule 3 shall apply.

 

IV) Submission of Annual report to CPCB:
Every holder of Ecomark shall submit on or before the 31st May of every year, an annual report to the Central Pollution Control Board online through the web portal for the period commencing from the 1 st April of the previous year to the 31st March of succeeding year in respect of the product as per the pro forma, prescribed by CPCB, on the Ecomark portal, and the Central Pollution Control Board shall examine such reports and forward a compilation thereof with their recommendations, if any, to the Ministry of Environment, Forest & Climate Change on or before the 31st July of every year.

 

V) Cancellation of Ecomark:

Where any false information has been furnished or any information has been wilfully concealed, CPCB may, after giving the holder of Ecomark an opportunity to be heard, and by order, for reasons to be recorded in writing, suspend or cancel the Ecomark.

 

VI) Use of Ecomark:

 

(1) Every person who has been granted an Ecomark in respect of a product shall affix on such a product an Ecomark label granted under these rules.
(2) No person shall use the Ecomark on any product unless he has been granted an Ecomark in respect of such product.

 

VI) Web portal for Ecomark.

 

a) CPCB shall develop a web portal for making applications and for grant of Ecomark, submission of annual reports by the holder of the Ecomark, Verifier and agency registered under these rules, registration of Verifiers and auditors as well as of agencies for effective monitoring of the products for compliance with the conditions for Ecomark under these rules.

b) Every holder of Ecomark, Verifier and agency registered under these rules shall submit on or before the 31st May of every year, an annual report to the CPCB online through the web portal for the period commencing from the 1st April of the previous year to the 31st March of succeeding year in respect of the activities performed by them during the said period, as per prescribed pro forma on the Ecomark portal developed by the CPCB

c) Following information shall be published by CPCB on the web portal:

i) the details of each holder of Ecomark and the product in respect of which the Ecomark has been granted under these rules;
ii) a list of products which have been granted Ecomark under these rules;
iii) the report in respect of each product on the basis of which such Ecomark has been granted to the product under these rules;
iv) reports of research and studies undertaken in respect of a product and its impact on the environment;
v) benefits of products with Ecomark; and the details of each holder of Ecomark and the product in respect of which the Ecomark has been granted under these rules;
vi) global best practices in respect of each product granted with the Ecomark under these rules

 

VII) Verifiers

CPCB shall register such entities having qualification and experience in the field of environment and matters relating to Ecomark as Verifiers as it may consider necessary for the purposes of verification of the products for the grant of Ecomark and its renewal under these rules.

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