Regulatory updates

The Ministry of Environment, Forest and Climate Change (MoEFCC) on 25 October 2024 issued the Biological Diversity Rules, 2024 (the 2024 rules) under the Biological Diversity Act, 2002 with an aim to enhance management and conserve the biological diversity in India. The 2024 rules replace the existing Biological Diversity Rules, 2004 (the 2004 rules) with effect from 24 December 2024.

The key requirements with respect to procedures for application for access to biological resources and benefit sharing are not changed. Some of the key changes introduced by the 2024 rules include:

• Enhanced use of technology, by introducing an online portal for submission of applications to the National Biodiversity Authority (the Authority) for use of biological resources for prescribed purposes.
• There has been a revision in the procedures for seeking prior approval before applying for intellectual property protection,
• Measures have been introduced for monitoring and regulating the use of biological resources or associated technical knowledge obtained from any foreign country in India,
• A new requirement for obtaining declaration to claim exemption for accessing cultivated medicinal plants has been introduced.

To access the rules, please click here

On 1 October 2024, the MoEFCC introduced the Ecomark Rules, 2024 to promote environment-friendly products with minimal adverse environmental impacts. This initiative aligns with the principles of 'LIFE (Lifestyle for Environment)', encouraging lower energy consumption, resource efficiency, and conservation. The government noted that eco-labelling of products assists consumers in making informed choices and motivates manufacturers to produce green products, thereby fostering green industries. Accordingly, by introducing the Ecomark Rules, 2024, the government aims to award ecomarks to those products that meet specific environmental criteria regarding resource consumption, environmental impacts, climate change, nature and biodiversity, energy use, waste generation, emissions, pollution, and hazardous substances.

Some key rules are as follows:

1. Application: Applications for the grant of Ecomark for a product that complies with the specified conditions must be submitted to the Central Pollution Control Board (CPCB) for assessment.
2. Validity: This certification is valid for three years or until there is a change in Ecomark criteria for the product, whichever comes first. Manufacturers can apply for the renewal of the Ecomark upon its expiry.
3. Annual reporting: Ecomark holders are required to submit an annual report by 31 May to CPCB for the period 1 April to 31 March each year
4. Steering committee: A steering committee will oversee the effective implementation of the Ecomark Rules, 2024, and a technical committee will be constituted to assist CPCB in specified matters.

Effective date : The Ecomark Rules, 2024 are effective from the date of their publication in the official gazette, which is 1 October 2024.

To access the rules, please click here