To encourage environment-friendly manufacturing and sustainable consumption while complying with environmental regulations, the Ministry of Environment, Forest and Climate Change (“MOEFCC”) has notified the Ecomark Rules, 2024 (“Rules”) on 26th September, 2024. The Rules have been notified in sync with the ‘LiFE’ (Lifestyle for Environment) Mission launched by the Prime Minister in 2021 and has replaced the Ecomark Scheme of 1991.

What is Ecomark?

A product’s conformity with prescribed environmental requirements with respect to resource use and its impact on the environment is indicated by the Ecomark. Climate change, biodiversity, energy use, waste production, emissions, physical pollution, and the use and release of hazardous materials are some of the factors that are taken into consideration while assessing whether a particular product is eco-friendly or not.

In India, Ecomark is a voluntary certification program that encourages manufacturers to use sustainable production methods, which in turn supports the development of green industries. The program’s dual goals are to empower consumers to make informed purchase decisions and to promote eco-friendly products.

Applicability

As per the provisions of the Rules, an Ecomark may be granted to a product which has

1. a license or a certificate of conformity of Indian Standards granted under the Bureau of Indian Standards Act, 2016 and/or
2. a mandate of the Quality Control Orders issued by the Central Government.

In addition to the above, the product should also fulfil the criteria for grant of Ecomark which include the following:

1. lowers pollutants by reducing or completely stopping the production of trash and environmental emissions;
2. is recyclable and/or is made from recycled material;
3. lessens the consumption of non-renewable resources, such as natural resources and non-renewable energy sources;
4. reduces the use of any material, which has adverse impacts on the environment.

Further, the Rules specifically mention that the following will be taken into consideration while developing criteria for grant of Ecomark to a product:

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

Key Compliance Obligations under the Rules

The Rules have laid down the following compliance obligations for manufacturers, importers and exporters of products:

• Making an application to the Central Pollution Control Board (“CPCB”) in the prescribed Form for grant of Ecomark for a product which is in compliance with the specific criteria. The Ecomark after being granted will remain valid for a period of three years or until change in Ecomark criteria for the product, whichever is earlier.

• On expiry of such validity period, the Ecomark has to be renewed by following the same process as above.

• Submission of an Annual Report to the CPCB online through the Eco Mark web portal developed in this regard. The timeline for submission of the Annual Report is 31^st May of every year. If the holder of an Ecomark has furnished false information or has wilfully concealed any information, the Ecomark may be suspended or cancelled by the CPCB.

• Labelling of products which have Ecomark Certification.

The Rules have also mandated that the CPCB will register qualified entities as Verifiers for the purpose of carrying out verification of the products for the grant of Ecomark and its renewal.

Way Forward:

While the new Rules are voluntary in nature just like its earlier version of 1991 Ecomark Scheme, the general and specific requirements for the products under the new Rules create a more comprehensive framework for environment-friendly production. Further, more product categories (i.e. Cosmetics, Packaging material / Package, plastic products, paper, Aerosol Propellants, textiles) have been included in addition to the already existing products such as Food items, Food Additives, Batteries, Electronic goods, wood substitutes, soaps and detergents, paints etc. The Rules also prescribe penal consequences for furnishing false information or concealing required information by the holder of Ecomark.

The Ecomark Rules, 2024 are aligned with global sustainability objectives and mark a significant step in promoting environmental conservation and protection. Products accredited under these Rules will adhere to specific environmental criteria, ensuring minimal environmental impact. It will also encourage consumers to shift towards sustainable consumption.

Conclusion:

As sustainability becomes a crucial business priority, the Ecomark Rules, 2024, serve as more than just a compliance checklist; they offer an opportunity for businesses to reimagine their role in environmental stewardship. By embracing these standards, companies can align with the shifting consumer preference for eco-conscious choices, potentially opening up new market segments and strengthening their brand reputation. Adapting to these evolving guidelines may also prepare businesses for future regulatory frameworks, making proactive compliance a strategic advantage.

To stay informed about the regulatory changes in India including the changes in environmental laws, the companies can subscribe to ‘Komrisk’, our Compliance Management Solution. There are other automated features as well in Komrisk which help enterprises identify non-compliance, track obligations in an actionable format and thus, enhance transparency and accountability in their compliance management process.

Written by: Sarnindita Chatterjee

Co-authored by: Amiya Mukherjee

Disclaimer

This content is intended for informational purposes only and does not constitute a legal opinion. Despite our efforts to maintain accuracy, we do not make representations, warranties or undertakings regarding the quality, completeness or reliability of the content. Readers are encouraged to seek legal counsel prior to acting upon any of the information provided herein. This content, including the design, text, graphics, their selection and arrangement, is Copyright 2024, Lexplosion Solutions Private Limited or its licensors. ALL RIGHTS RESERVED, and all moral rights are asserted and reserved.

For any clarifications, please reach out to us at 91-33-40618083 or inquiries@lexplosion.in. Refer to our privacy policy by clicking here.

Share this: