18 November, 2021
Ministry of Environment, Forest and Climate Change (MoEF & CC),
Government of India
Our Comments on Regulation on Extended Producer Responsibilityfor Plastic Packaging
Dear Sirs
The Japan Machinery Center for Trade and Investment (“JMC”) is a non-profit
organization with the character of a public-interest corporation. It was established inDecember 1952 in accordance with the Japanese Export and Import Trade Law under theauthorization of the Minister of Economy, Trade and Industry of Japan. The objective ofthe JMC is to engage in activities that enhance the common benefit of member companiesand promote the sound development of international trade and investment by themachinery industry. The JMC comprises member companies engaged in machinery andsystems-related exports and foreign investments such as machinery manufacturers,
trading houses and engineering companies. At present, the total number of JMC member
companies is about 240.
Our committee handles environmental and product safety issues of products for tradeand is strongly concerned with overseas environment- and product safety-related
regulations on products. From this standpoint, we would like to comment regarding theRegulation on Extended Producer Responsibility for Plastic Packaging.
If you have any questions, please feel free to contact our secretariat (Mr. ChiakiMorikawa; e-mail: morikawa@jmcti.or.jp).
Sincerely yours,

KANNO YasuhikoChairman
Environment Law Committee

18 November, 2021

The Secretary
Ministry of Environment, Forest & Climate Change,
Indira Paryavaran Bhawan
Jor Bagh RoadAliganj, New Delhi-110003
Our Comments on Regulation on Extended Producer Responsibilityfor Plastic Packaging
We, the Japan Machinery Center for Trade and Investment (JMC), would like to express
our gratitude for your efforts regarding the Regulation on Extended Producer
Responsibility for Plastic Packaging. We are firmly committed to protecting human health,product safety and the environment and thereby complying with various regulations as
defined by many countries, including Europe, the U.S., and India and other Asian countries.
In this spirit, we have carefully and conscientiously examined the Regulation on
Extended Producer Responsibility for Plastic Packaging notified by the Ministry ofEnvironment, Forest and Climate Change on 6 October, 2021, and would like to offer
the following comments toward making the proposed procedures more practicable,feasible and permanent, while ensuring appropriate and sufficient protection of theenvironment.
We would greatly appreciate it if you could take them into consideration carefully.
Clauses 7.2(d), 7.3(d), and 7.4(e):- The supply of recycled plastics in the global market is limited and stable procurementof recycled plastics for packaging of electrical and mechanical products is not easy.
Therefore, their use in those products is quite challenging.
Even in India, it will be difficult to introduce regulations unless the stable supply ofrecycled materials and the quality that can ensure product protection are guaranteed.

---For the reasons stated above, it is too early to mandate this from 2023 due to thecomplexity of determining how to meet the requirements. Adequate preparation timeshould be provided from the issuance of the regulation.
It is extremely challenging to re-design packages that are already designed. Packages
that are designed at the time these regulations are issued should be excluded from thescope.
We would like you to clarify the purpose of requiring the use of recycled plastic.
Producers will be able to make constructive recommendations if the purpose isclarified.

Clause 7.3(d):Clause 7.3(d) says, “Any recycled plastic used in imported material shall not be counted
towards fulfillment of obligation. The importer will have to fulfil its obligation of use ofrecycled content (in quantitative terms) through purchase of equivalent quantity fromsuch PIBOs who have used recycled content in excess of their obligation.”
However, imported plastic packaging should also be counted toward the EPR target
value, as it would become a barrier to imports for the following reasons:---

It is unfair that imported material with recycled plastic are not counted, and importers
must “purchase” excess achievement by Indian manufacturers of equivalent quantity
regardless of whether they use recycled materials or not.
If Indian manufacturers do not have a sufficient excess achievement of recycledcontent use, and achievement is not available for purchase, or if it is available but isoffered at an unreasonably high price it will be virtually impossible to import plastic
packaging.
Since packaging materials for various products are imported, it is complicated toactually operate the scheme according to requirements and we fear it may cause
confusion in the market as a result.

End