PRO Authorization

Get Online PRO Authorization in India

PRO authorization is a process of obtaining the approval of the Central Pollution Control Board (CPCB) for the registration of a Producer Responsibility Organization (PRO), which is an entity that takes the responsibility of collecting and channelizing the e-waste generated from the end-of-life of the electrical and electronic equipment (EEE) on behalf of the producers. It is required to ensure that the e-waste is managed in an environmentally sound manner, and that the producers comply with the extended producer responsibility (EPR) obligations under the E-Waste (Management) Rules, 2016. PRO authorization is also a legal requirement under the Environment (Protection) Act, 1986 and the E-Waste (Management) Rules, 2016.

Legal Framework for PRO Authorization

The legal framework for PRO authorization is as follows:

The Environment (Protection) Act, 1986, which is the umbrella legislation that empowers the central government to take measures to protect and improve the quality of the environment and prevent, control and abate environmental pollution. The act also provides for the establishment of the National Environmental Appellate Authority, which hears appeals against the orders of the central government or any authority under the act. The act also lays down the penalties for contravention of the provisions of the act or the rules made thereunder.
The E-Waste (Management) Rules, 2016, which are the specific rules that regulate the generation, collection, storage, transportation, segregation, refurbishment, dismantling, recycling and disposal of e-waste in India. The rules also define the roles and responsibilities of various stakeholders, such as producers, consumers, bulk consumers, collection centres, dealers, e-retailers, refurbishers, dismantlers, recyclers and PROs. The rules also specify the EPR targets, the procedure for obtaining EPR authorization, the standards for environmentally sound management of e-waste, the criteria for registration of PROs, the format and frequency of reporting, and the procedure for monitoring and enforcement.
The Guidelines for Implementation of E-Waste (Management) Rules, 2016, which are the guidelines issued by the CPCB to provide clarity and guidance on the implementation of the E-Waste (Management) Rules, 2016. The guidelines cover various aspects, such as EPR plan, collection mechanism, channelization, documentation, record keeping, reporting, verification, random sampling, testing, labelling, awareness generation, capacity building, and grievance redressal.

Eligibility/ Pre-Licensing/ Mandatory Pre-Requisites

The eligibility, pre-licensing and mandatory pre-requisites for obtaining PRO authorization are as follows:

The applicant should be a legal entity registered under the Companies Act, 2013 or the Societies Registration Act, 1860 or the Indian Trusts Act, 1882 or any other relevant act.
The applicant should have a valid PAN card and GSTIN.
The applicant should have a minimum net worth of Rs. 10 crore as per the latest audited balance sheet.
The applicant should have a minimum experience of three years in the field of e-waste management or related activities.
The applicant should have a valid agreement or MoU with the producers for whom the PRO will take the responsibility of collecting and channelizing the e-waste.
The applicant should have a valid agreement or MoU with the registered collection centres, dealers, e-retailers, refurbishers, dismantlers and recyclers for the collection and channelization of e-waste.
The applicant should have a valid agreement or MoU with the State Pollution Control Boards or the Pollution Control Committees for the coordination and cooperation in the implementation of the E-Waste (Management) Rules, 2016.
The applicant should have a valid agreement or MoU with the authorized testing laboratories for the testing of e-waste for RoHS parameters.
The applicant should have a valid agreement or MoU with the authorized transporters for the transportation of e-waste as per the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.
The applicant should have a valid agreement or MoU with the authorized treatment, storage and disposal facilities for the disposal of hazardous wastes generated from e-waste as per the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

Procedure for Obtaining PRO Authorization

The procedure for obtaining PRO authorization from the CPCB is as follows:

The applicant should prepare an application form in the prescribed format (Form 1B) along with a declaration and an undertaking that the information provided is true and correct and that the applicant will comply with the E-Waste (Management) Rules, 2016 and the guidelines issued by the CPCB.
The applicant should prepare an EPR plan containing the detailed plan of the applicant for achieving the EPR targets set by the CPCB for the producers for whom the PRO will take the responsibility of collecting and channelizing the e-waste. The EPR plan should also contain the details of the collection mechanism, the channelization mechanism, the documentation mechanism, the record-keeping mechanism, the reporting mechanism and the verification mechanism to be adopted by the applicant. The EPR plan should be prepared as per the guidelines and formats issued by the CPCB.
The applicant should submit the application form, the EPR plan and the relevant documents and information to the CPCB along with the application fee of Rs. 1 lakh.
The CPCB will validate and evaluate the application and the documents and information submitted by the applicant and will give feedback, comments and suggestions to the applicant within 60 days of the receipt of the application.
The applicant should respond to the feedback, comments and suggestions of the CPCB and should make the necessary changes or modifications in the application or the documents or the information as required by the CPCB.
The CPCB will appraise the revised application and the documents and information submitted by the applicant and will give a recommendation on whether the PRO authorization should be granted or not within 30 days of the receipt of the revised application.
The CPCB will grant the PRO authorization to the applicant after recording the reasons for such a decision in writing. The PRO authorization will be valid for a period of five years from the date of issue or as specified by the CPCB.
The CPCB will issue a certificate of registration to the applicant along with a draft summary of the product’s characteristics, the package leaflet, and the proposed text for the packaging.

producer responsibility (EPR) obligations under the E-Waste (Management) Rules, 2016. PRO authorization is also a legal requirement under the Environment (Protection) Act, 1986 and the E-Waste (Management) Rules, 2016.