[11th
October 2023] Whereas, the Government of
India in the Ministry of Environment, Forest, and Climate Change had notified a
Scheme on labelling of environment friendly products - ' Ecomark' vide notification
number G.S.R. 85 (E), dated the 21st February, 1991 in the Gazette of India,
Extraordinary, Part II, section 3, sub-section (i), to provide accreditation
and labelling for household and other consumer products which meet certain
environmental criteria along with quality requirements of the Indian Standards
for that product. And whereas, the Ecomark
Scheme inter-alia provided a tool to the consumers to pursue sustainable
consumption patterns as well as to the industry to implement
environment-friendly processes or production methods. Now, therefore, in exercise
of the powers conferred by by sub-section (1), clause (ii) of sub-section 2 of
section 3, sub-section (1) of section 6, and sub-section (1) of section 25 of
the Environment (Protection) Act, 1986 (29 of 1986) and in supersession of
G.S.R. 85 (E), 1991, the Central Government hereby specify the following Rules,
on Eco-labelling of Product - the Ecomark Certification Rules, 2023, for
information of the public likely to be affected thereby and notice is hereby given
that the said notification will be taken into consideration on or after the
expiry of a period of thirty (30) days from the date of publication of the
draft in the official Gazette; The objections or
suggestions, which may be received from any person with respect to the said
Notification within the period specified above, will be taken into
consideration by the Central Government; Objections or suggestions,
if any, may be addressed to the Joint Secretary, Ministry of Environment,
Forest and Climate Change, Indira Paryavaran Bhawan, Jor Bagh Road, New Delhi -
110003 and may be sent to e-mail id: sohsmd-mef@gov.in (1)
This shall be called the Ecomark
Certification Rules, 2023. (2)
This Notification shall apply to any product
which is produced or supplied for distribution, or use in the market, unless
otherwise excluded under the Ecomark Certification Rules. (3)
It shall come into force on the date of its
publication in the Official Gazette. (1)
The Ecomark Certification Rules (hereinafter
referred to as the Ecomark Rules) is for labelling of products which will have
lesser adverse impacts on the environment, with the objective to encourage the
consumers to adopt such products as well as the manufacturers for transitioning
to production of Ecomark certified products for promoting sustainability. (2)
The Ecomark Rules will promote environmental
friendly products and ensure environmental performance of such products w.r.t. resource
consumption and environmental impacts, in particular the impact on climate
change, the 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. (3)
The Ecomark Rules will provide labelling to
products that meet approved environmental criteria. (1)
The Ecomark Rules are intended to encourage
the demand for environmental friendly products that cause lesser adverse
impacts on the environment thereby supporting the principles of LiFE (Lifestyle
for Environment), promoting resource efficiency & circular economy and
preventing misleading information on environmental aspects of products. (2)
The overall objectives of the Ecomark Rules
are as follows:- (a)
build consumer awareness on environmental
issues and of the implications of their choices, thereby generating a change
towards more environmental friendly behaviour and consumption patterns; (b)
encourage manufacturers for transitioning to
production of Ecomark certified products; (c)
prevent misleading and deceptive information
with respect to fraudulent use of Ecomark label. (1)
In Ecomark Rules, the following definitions
shall apply - (a)
Designated Ecomark Verifier means an
agency/person designated to carry out verification of the product against set
criteria; (b)
Act means the Environment (Protection) Act,
1986 (29 of 1986), as amended from time to time; (c)
Audit means evaluation by a third party of
the functioning of Designated Ecomark Verifiers, other third parties, various
service providers for effective, impartial and fair functioning of the Ecomark
Certification Rules; (d)
Ecomark Certificate means a certificate
issued under the Ecomark Rules by the Administrator authorising a person or a
body of persons to mark its product with the Ecomark; (e)
Ecomark Certificate Holder means a business
operator authorized by an Ecomark Administrator to use Ecomark label; (f)
Conformity Assessment means evaluation by the
Designated Ecomark Verifier of a product for its compliance with specified eco
labelling criteria for the award/renewal of Ecomark certificate; (g)
Consumer means any person who buys any
product with a consideration that it will have lesser adverse impacts on the
environment; (h)
Environmental aspect means aspects of
products which can interact with the environment; (i)
Environmental impact means any change to the
environment, whether adverse or beneficial, wholly or partially resulting from
products; (j)
Extended Producer Responsibility (EPR) means
an environmental strategy in which a producers responsibility for a product is
extended to the post-consumer stage of a products life cycle especially for
recycling, and disposal of their products once those products are designated as
no longer useful by consumers. (k)
Fitness for purpose means ability of a
product to serve a defined purpose under specific conditions; (l)
Market Surveillance means evaluation by a
third party that Ecomark certified product conforms to specified eco labelling
requirements. Market surveillance shall inter-alia include picking samples from
market, keeping an eye on misuse of Ecomark, raiding suspected places etc.; (m)
Misleading advertisement in relation to any product,
means an advertisement, which deliberately conceals important information or is
likely to mislead the consumers on the environmental aspect of such product; (n)
Portal means the online mechanism for
implementation of Ecomark Rules; (o)
Process means procedures in which a product
is manufactured or a service is delivered. It may include the processes
involved in upstream and downstream value chain; (p)
Product means any goods or service or
process; (q)
Producer means a manufacturer or a service
provider; (r)
Product category means group of products
which have equivalent function; (s)
Product environmental criteria means
environmental requirements that the product shall meet in order to be awarded
an environmental label; (t)
Third party means a person or body that is
recognized as being independent of the parties involved, as concerns the issue
in question; (2)
Words and expressions used in this
notification and not defined herein but defined in the Environment (Protection)
Act, 1986 or any other rules or regulations issued under the said Act, shall
have the same meaning as assigned to them respectively in the Act, or such
other rules or regulations. (1)
Environmental criteria for each product
/product category under Ecomark Rules shall be notified by the Central
Government. The criteria shall be for broad environmental levels and aspects,
with specific criteria at the product level. (2)
Certification of Standards Body (national or
international) for quality and safety, or mandate of Quality Control Orders
shall be pre-requisite for Ecomark. (3)
Products will be examined in terms
environmental impacts which inter-alia include, but not limited to the
following - (i)
That they have substantially less potential
for pollution, environmental impact, minimize or eliminate generation of waste
and environmental emissions, than other comparable products; (ii)
That they are recyclable and/or made from
recycled products where comparable products are not; (iii)
That they make significant contribution to
saving non-renewable resources, including non-renewable energy sources and
natural resources, compared to comparable products; (iv)
That the product contributes to reduction in
respect of such product primary criteria, which have adverse impacts on the
environment, that are specifically set for each of the product/product
categories; (4)
Product primary criteria shall inter-alia
include, but not limited to the following - (i)
Production or process including source of raw
material; (ii)
Use of natural resources; (iii)
Likely impact on the environment; (iv)
Effect & extent of emissions/waste
arising from the production process; (v)
Disposal of the product and its packaging; (vi)
Compliance to Extended Producer
Responsibility regulations (where applicable); (vii)
Utilization of waste and recycled materials; (viii)
Suitability for recycling; (ix)
Substitution of hazardous substances with
safer ones. (1)
The Central Government will administer the
Ecomark Rules with an objective to enhance the efforts for protecting and
conserving the environment in the country. The governance of the
Ecomark Rules for its effective implementation shall vest in the Steering
Committee. The Steering Committee will comprise representatives from the
concerned Ministries/Departments, domain experts, representatives from industry
associations, consumer groups and other relevant stakeholders. (2)
Steering Committee shall have the following
functions: (i)
Grant approvals in respect of the following: (a)
framework for institutionalizing the Ecomark
Rules; (b)
initiatives to incentivize the Ecomark
certified business operators; (c)
notify product/product categories to be
included in the Ecomark Rules on the recommendations of the Ecomark
Administrator; (d)
recognition of domestic as well as
international voluntary ecolabelling programme; (e)
activities related to creation of mass
awareness for promotion of the Ecomark Rules; (f)
strategies for promotion and future
development of the Ecomark Rules. (ii)
Make recommendations to the Central
Government in respect of following: (a)
determine the product/product category to be
included in the Ecomark Rules; (b)
inclusion of Ecomark products in public
procurement under GeM portal; (c)
allocation of resources for implementation of
the Ecomark Rules. (d)
measures for adoption of Ecomark; (iii)
Review and monitoring of the implementation
of the Ecomark Rules: (a)
duration to review the Ecomark criteria in
respect of Ecomark product(s); (b)
support any research/activity for evaluation
of environmental impacts of the product(s) and/or formulation of Ecomark
criteria; (c)
annual implementation reports for effective
and efficient implementation of the provisions of the Ecomark Rules. (d)
disputes arising from time to time and/or on
representations received in this regard, and refer to the Ministry any
substantial issue arisen, pertaining to the Ecomark Rules; (iv)
Guide on mutual recognition of international
ecolabelling programme; (v)
Any other function as may be assigned by the
Central Government. (3)
Steering Committee shall meet at least twice
in a year, or as may be required. (4)
In case of false disclosures and fraudulent
claims, penalties may be levied as per Section 15 of the Environment
(Protection) Act of 1986. (1)
The Ecomark Administrator (hereinafter
referred to as the Administrator) shall be responsible for implementation of
the Ecomark Rules. (2)
The Central Pollution Control Board shall be
the Administrator of the Ecomark Rules. (3)
The responsibilities of the Administrator shall
include the following: (i)
Develop guidelines in respect of following: (a)
framework for institutionalizing the Ecomark
Rules; (b)
development of Ecomark Web portal and
Knowledge/Database platform within six months of date of publication of the
notification; (c)
for designation of Ecomark Verifiers; (d)
for appointing third parties for carrying out
market surveillance activities; (e)
for fixing fees to be charged by Designated
Ecomark Verifiers, third parties empanelled for market surveillance, any other
third party empanelled for the services rendered by them; (ii)
identify the products to be covered under
Ecomark Rules; (iii)
constitute technical committees for different
products under the Ecomark Rules; to develop the specific criteria that a
product shall comply with in order to be certified under the Ecomark Rules; (iv)
review the existing state of knowledge and
the environmental criteria being followed domestically/in other countries; (v)
develop initiatives to incentivize the
Ecomark certified entities for adoption of Ecomark, as approved by the Steering
Committee; (vi)
register Designated Ecomark Verifiers, third
party for market surveillance and third party on Ecomark web portal; (vii)
empanel Designated Ecomark Verifiers, and
third parties for Market Surveillance as well as audit; (viii)
issue the Ecomark certificate based on
verification authorising a person or a body of persons to mark its product with
the Ecomark or recognised eco label; (ix)
review, suspend, or cancel a Ecomark
certificate, for the use of the Ecomark or recognised eco label; (x)
review Ecomark criteria from time to time
taking technology development and market evolution into consideration; (xi)
compile the annual reports submitted by all
the Ecomark or other recognised eco label entities and submit to Steering
Committee by 30th June of the next financial year; (xii)
assess domestic or international voluntary
ecolabelling programme, for recognition under Ecomark Rules; (xiii)
assess international ecolabelling programme,
for mutual recognition; (xiv) direct
the Ecomark certificate holders to pay compensation in case of non-compliance
of provisions of the Notification; (xv)
in case, any registered entity furnishes
false information or willfully conceals information for getting registration
required to be provided/furnished under the Ecomark Rules or in case of any
malpractice/irregularity, the registration of such entity may be revoked by the
Administrator for a prescribed period after giving an opportunity to be heard; (xvi) any
other function as assigned by the Steering Committee or the Central Government. (4)
Ecomark Administrator may, from time to time,
issue notifications and orders, with the approval of the Steering Committee, as
considered appropriate for the implementation of the Ecomark Rules. (1)
The Administrator may constitute Technical
Committees comprising of members having requisite knowledge from the specified
categories, representatives from concerned Ministries/Departments, subject
matter experts, representatives from industry associations and other
stakeholders; (2)
Technical Committee will develop and review
the specific Ecomark criteria for products, in light of market developments as
well as technological advancements and considering economic viability; (3)
Technical Committee will also develop the
process of evaluation of products for Ecomark certification; (4)
Technical Committee may consider
international ecolabel product criteria while developing the specific Ecomark
criteria; (5)
Technical Committee shall make its
recommendations to the Administrator; (6)
Technical Committee shall advise on any other
technical matter referred to by the Administrator. (1)
This Portal would function under the
supervision of the Administrator. The entities to be registered on the
centralized online Ecomark Portal shall inter-alia include: (i)
Producers/Exporters/Importers of
Ecomark/other recognized domestic or international voluntary ecolabel products
or mutually recognized international ecolabel products; (ii)
Producers/Exporters/Importers who have adopted
other ecolabelling programs (domestic/international) including for the purpose
of exports/imports; (iii)
Designated Ecomark Verifiers, third party
market surveillance entities, other third party entities; (2)
No entity shall carry out any business
without registration; (3)
The information about
producers/exporters/importers of Ecomark/other recognised domestic or
international voluntary ecolabel products or mutually recognized international
ecolabel products and the details of their products will be made available on
the portal; (4)
The information about
producers/exporters/importers who have adopted other ecolabelling programs
(domestic/international) including for the purpose of exports/imports and the
details of their products will be made available on the portal; (5)
Annual implementation report (for the period
1st April to 31st March) providing information about the compliance of
provisions of this notification shall be submitted by all registered entities,
by 30th June of the next financial year, to the Administrator; (6)
The Portal shall keep track of the number of
entities that submit their application for Ecomark certification and also the
quantum of sale of Ecomark certified products made against each Ecomark
certified product. (1)
The Administrator shall develop an online
knowledge and database platform. Database shall consist of all Ecomark
certified products linked to respective producers/importers/exporters and
giving information on eco-labelling criteria that make the product environment
friendly. (2)
This Platform shall publish information
including reports and case studies regarding environmental impact of products,
benefits of Ecomark certified products, best practices and other emerging areas
in order to promote adoption of ecolabelling. (1)
The Administrator by itself or through
Designated Ecomark verifiers shall verify compliance with ecolabelling criteria
for the award/renewal of certificate to products under the Ecomark Rules. Designated
Ecomark Verifiers shall be accredited entities; (2)
Designated Ecomark verifiers shall undertake
conformity assessment which inter-alia may include visiting factory, drawing
samples, audit of factory, recommending for award/renewal of certification. (3)
Designated Ecomark verifiers shall register
on the Ecomark portal maintained by the Administrator; (4)
Designated Ecomark verifiers shall carry out
their activities in accordance with the prescribed guidelines under the Ecomark
Rules; (5)
Designated Ecomark verifiers shall submit the
reports to the Administrator for grant / renewal of certificate; (6)
Designated Ecomark verifiers shall file
annual returns in the prescribed form on the portal on or before 31st May of
succeeding the year, to which the return relates. (1)
Market surveillance shall inter-alia include
picking samples from market, keeping an eye on misuse of Ecomark, raiding
suspected places etc. It shall be different from the activities to be
undertaken by Designated Ecomark verifiers. (2)
The Administrator shall by itself or through
its empanelled third party market surveillance agencies, evaluate that the
product for compliance according to the certification, on a regular basis.
Administrator shall, as appropriate, also undertake such verification upon
complaint. These verifications may take the form of random spot-checks; (3)
The Administrator shall inform the
producer/importer/exporter of any complaints made concerning the product
bearing certified under the Ecomark Rules, and shall request the
producer/importer/exporter to reply and resolve the complaint(s). The
Administrator may withhold the identity of the complainant from the user; (4)
The certified manufacturer under the Ecomark
Rules shall allow the Administrator or its empanelled agencies to undertake all
necessary investigations to monitor its compliance with the respective ecolabel
product criteria; (5)
The producer/importer/exporter under the
Ecomark Rules shall grant access to the premises from which the certified
product concerned is produced/exported and storage space in India of imported
certified product, to the Administrator and its empanelled agencies. The
site-inspection may be made with or without prior notice at any reasonable time; (6)
Market surveillance third party agencies
shall file annual returns in the prescribed form on the Ecomark Portal on or
before 31st May of the succeeding year, to which the return relates. (1)
The State Pollution Control Board (SPCB)/
Pollution Control Committee (PCC) shall create awareness about the Ecomark
Rules through media, publications, advertisements, posters or by such other
means of communication with the support of Local Bodies; (2)
State Pollution Control Board (SPCB)/
Pollution Control Committee (PCC) shall undertake activities for implementation
of the Ecomark Rules in accordance with the guidelines and authorization issued
by the Administrator. (1)
The Central Government on recommendation of
the Steering Committee may incentivize Ecomark through any program related to
protection and conservation of environment; (2)
The Central Government, on recommendation of
the Steering Committee, may take measures for the adoption of Ecomark
Certification. (1)
A Committee shall be constituted by the
Central Government under chairpersonship of Chairman, Central Pollution Control
Board to recommend measures to Steering Committee for effective implementation
of the Ecomark Rules; (2)
The Committee shall monitor the
implementation of the Ecomark Rules and also take such measures as required for
removal of difficulties; (3)
The Committee shall also be tasked with the
guiding and supervision of the development and operation of the online portal; (4)
The Committee shall comprise of
representatives of the concerned Ministries/Departments, representatives of
industry associations and other relevant stakeholders. The Chairperson of the
Committee may co-opt any stakeholder/expert to this Committee; (5)
The Committee shall redress grievance and
complaints arising out of the operation of the Ecomark Rules.Ecomark
Certification Rules, 2023