TMI BlogImplementation of E-Waste (Management) Rules, 2022 in supersession of E-Waste (Management) Rules, 2016X X X X Extracts X X X X X X X X Extracts X X X X ..... te Change has notified the E-Waste (Management) Rules, 2022 in supersession of E-Waste (Management) Rules, 2016 vide notification dated 02.11.2022 (Copy enclosed) and these shall come in to force from 01.04.2023. New rules have introduced the concept of a modified Extended Producer Responsibility (EPR) and focus completely on a market based model and for procedures to be online and seamless. 3. It is also stated that Port and Custom Authorities have to take necessary action inter-alia to verify the import or export with respect to Extended Producer Responsibility, to Inform the Ministry and Central Pollution Control Board of any illegal traffic and take action against importer for violations under the Indian Ports Act, 1908 or the Customs Act, 1962 . The duties and responsibilities of Port and Customs are prescribed in Schedule-V of the said rules. 4. It is requested that necessary action may be taken to sensitize officers under your jurisdiction about the duties and responsibilities cast upon them under these rules. 5. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board. 6. Hindi version follows. Encl: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification number S.O. 360(E), dated the 19th May, 2022 in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which copies of the Gazette containing the said notification were made available to the public; AND WHEREAS, the copies of the Gazette containing the said notification were made available to the public on the 19th day of May, 2022; AND WHEREAS, the objections and suggestions received from the public in respect of the said draft notification within the said period have been duly considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of Rule 5 of the Environment (Protection) Rules, 1986, and in supersession of the E-waste (Management) Rules, 2016, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely :- CHAPTER I PRELIMINARY 1. 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X X X X Extracts X X X X X X X X Extracts X X X X ..... trol Board; (g) disposal and treatment means any operation which does not lead to recycling, recovery or reuse and includes physicochemical or biological treatment, incineration and deposition in secured landfill; (h) end-of-life of the product means the time when the product is intended to be discarded by the user; (i) environmentally sound management of e-waste means taking all steps required to ensure that e-waste is managed in a manner which shall protect health and environment against any adverse effects, which may result from such e-waste; (j) electrical and electronic equipment means equipment which are dependent on electric current or electro-magnetic field in order to become functional and also the equipment for the generation, transfer and measurements of the electricity; (k) e-retailer means an individual or company or business entity that uses an electronic network such as internet, social media, telephone or any other media, to sell its goods; (l) e-waste means electrical and electronic equipment, including solar photo-voltaic modules or panels or cells, whole or in part discarded as waste, as well as rejects from manufacturing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty who is engaged in recycling and reprocessing of waste electrical and electronic equipment or assemblies or their components or their parts for recovery of precious, semi-precious metals including rare earth elements and other useful recoverable materials to strengthened the secondary sourced materials and having facilities as elaborated in the guidelines of the Central Pollution Control Board made in this regard; (v) refurbisher means any person or entity repairing or assembling used electrical and electronic equipment as listed in Schedule-I for extending its working life over its originally intended life and for same use as originally intended, and selling the same in the market; (w) Schedule means the Schedule appended to these rules; (x) spares means a part or a sub-assembly or assembly for substitution which is ready to replace an identical or similar part or sub-assembly or assembly including a component or an accessory; and (y) target means the quantity of e-waste to be recycled through registered recycler by the producer in fulfilment of extended producer responsibility. (2) Words and expressions used in these rules and not defined but de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded that the producer having extended producer responsibility plan under the provisions of the erstwhile E-Waste (Management) Rules, 2016 shall migrate under these rules as per the procedure laid down by the Central Pollution Control Board with approval of Steering Committee; (3) creating awareness through media, publications, advertisements, posters or by any other means of communication; (4) file annual and quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter or year, as the case may be, to which the return relates. 7. Responsibilities of the refurbisher. - All refurbisher shall have to, - (1) register on the portal; (2) collect e-waste generated during the process of refurbishing and hand over the waste to registered recycler and upload information on the portal; (3) ensure that the refurbished equipment shall be as per Compulsory Registration Scheme of the Ministry of Electronics and Information Technology and Standards of Bureau of Indian Standards framed for this purpose; (4) file annual and quarterly returns in the laid down form on the portal on or before the end of the month succ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sting and upcoming industrial park, estate and industrial clusters. (2) Department of Labour in the State and Union territory or any other government agency authorised in this regard by the State Government or the Union territory, as the case may be, shall, - (a) ensure recognition and registration of workers involved in dismantling and recycling; (b) assist formation of groups of such workers to facilitate setting up of dismantling facilities; (c) undertake industrial skill development activities for the workers involved in dismantling and recycling; (d) undertake annual monitoring and to ensure safety and health of workers involved in dismantling and recycling. CHAPTER IV 11. Procedure for storage of e-waste. - Every manufacturer, producer, refurbisher and recycler may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of sale, transfer and storage of e-wastes and make these records available for inspection and the storage of the e-waste shall be done as per the applicable rules or guidelines for the time being in force : Provided that the Central Pollution Control Board may extend the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ertificate from registered recyclers only and submit it online by filing quarterly return. (ii) The details provided by producer and registered recycler shall be cross-checked on the portal. (iii) In case of any difference, the lower figure shall be considered towards fulfilment of extended producer responsibility obligation of the producer. (iv) The certificates shall be subject to environmental audit by the Central Pollution Control Board or any other agencies authorized by the Central Pollution Control Board in this regard. 14. Extended producer responsibility Certificate Generation. - (1) Recycling. - (i) The Central Pollution Control Board shall generate extended producer responsibility certificate through the portal in favour of a registered recycler in the format laid down by it in this regard. (ii) (a) The quantity eligible for generation of extended producer responsibility certificate shall be calculated by the following formula namely : *Qepr = Q p x C f *the Qepr is the quantity eligible for generation of the certificate, Q p is the quantity of the end product and C f is the conversion factor (quantity of inputs required for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer for the year 2028-29 for that item. (iv) The extended producer responsibility obligation shall be extinguished only after end of life disposal through a registered recycler and producing extended producer responsibility certificate and not by refurbishing certificate. 15. Transaction of extended producer responsibility certificates. - (1) A producer may purchase extended producer responsibility certificates limited to its extended producer responsibility liability of current year (Year Y) plus any leftover liability of preceding years plus 5 per cent of the current year liability. (2) The extended producer responsibility obligation shall have to be fulfilled by the producers by proportionately purchasing extended producer responsibility certificate on quarterly basis. (3) As soon as the producer purchases extended producer responsibility certificate, it shall be automatically adjusted against its liability and priority in adjustment shall be given to earlier liability and the extended producer responsibility certificate so adjusted shall be automatically extinguished and cancelled. (4) As soon as producer purchases refurbishing certificates its extend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ports or placement in the market for new electrical and electronic equipment shall be permitted only for those which are compliant to provisions of sub-rules (1) and (4). (7) Manufacture and supply of electrical and electronic equipment used for defence and other similar strategic applications shall be excluded from provisions of sub- rule (1). (8) Every producer shall provide information on the compliance of the provisions of sub-rule (1) and this information shall be in terms of self-declaration. (9) Manufacturer shall use the technology or methods so as to make the end product recyclable. (10) Manufacturer shall ensure that component or part made by different manufacturer are compatible with each other so as to reduce the quantity of e-waste. (11) The Central Pollution Control Board shall conduct random sampling of electrical and electronic equipment placed on the market to monitor and verify the compliance of reduction of hazardous substances provisions and the cost for sample and testing shall be borne by the producer and the random sampling shall be as per the guidelines laid down by the Central Pollution Control Board in this regard. (12) If the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 22. Environmental Compensation. - (1) The Central Pollution Control Board shall lay down guidelines for imposition and collection of environmental compensation on any entity in case of violation of any of the provision of these rules and guidelines issued hereunder and the said guidelines shall be in accordance with these rules and shall be approved by the Ministry of Environment, Forest and Climate Change. (2) The Central Pollution Control Board shall also lay down guidelines for imposition and collection of environmental compensation on the producer in case of non-fulfilment of obligations set out in these rules and transaction or use of false extended producer responsibility certificate and the said guidelines shall be in accordance with these rules and shall be approved by the Ministry of Environment, Forest and Climate Change. (3) The environmental compensation shall also be levied on unregistered producers, manufacturer, refurbisher, recyclers and any entity which aids or abets the violation of these rules. (4)(i) Payment of environmental compensation shall not absolve the producer from the extended producer responsibility as specified in these rules and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, 1986 and this prosecution shall be in addition to the environmental compensation levied under Rule 22. 24. Verification and Audit. - The Central Pollution Control Board by itself or through a designated agency shall verify compliance of these rules by producers, manufacturer, refurbisher, dismantlers and recyclers through random inspection and periodic audit, as deemed appropriate so as to take action against violations of the provisions of these rules as per Rule 22. 25. Steering Committee. - (1) There shall be a Steering Committee under the Chairmanship of Chairman, Central Pollution Control Board to oversee the overall implementation of these rules and the Steering Committee shall comprise of following other members in addition to the chair, namely :- (a) one representative of the Ministry of Environment, Forest and Climate Change; (b) one representative of the Ministry of Electronics and Information Technology; (c) one representative of the Ministry of New and Renewable Energy; (d) one representative of the Ministry of Housing and urban Affairs; (e) a maximum of two representatives of electrical and electronic equipment Producer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Electrical and Electronic Typewriters ITEW8 User terminal and Systems ITEW9 Facsimile ITEW10 Telex ITEW11 Telephones ITEW12 Pay telephones ITEW13 Cordless telephones ITEW14 Cellular telephones ITEW15 Answering System ITEW16 Products or equipment of transmitting sound, images or other information by telecommunications ITEW17 BTS (all components excluding structure of tower) ITEW18 Tablets, I-PAD ITEW19 Phablets ITEW20 Scanners ITEW21 Routers ITEW22 GPS ITEW23 UPS ITEW24 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Freezers LSEEW2 Other large appliances used for refrigeration, conservation and storage of food LSEEW3 Clothes dryers LSEEW4 Dish Washing Machines LSEEW5 Electric cookers LSEEW6 Electric stoves LSEEW7 Electric hot plates LSEEW8 Microwaves, Microwave Oven LSEEW9 Other large appliances used for cooking and other processing of food LSEEW10 Electric heating appliances LSEEW11 Electric radiators LSEEW12 Other large appliances for heating rooms, beds, seating furniture LSEEW13 Electric fans LSEEW14 Other fanning, exhaust ventilation and conditioning equipment LSEEW15 Vacuum cleaners LSEEW16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substance by other means EETW7 Tools for mowing or other gardening activities EETW8 (v) Toys, Leisure and Sports Equipment Electrical trains or car racing sets TLSEW1 Hand-held video games consoles TLSEW2 Video games TLSEW3 Computers for biking, diving, running, rowing, etc. TLSEW4 Sports equipment with electric or electronic components TLSEW5 Coin slot machines TLSEW6 (vi) Medical Devices (With the Exception of All Implanted and Infected Products) Radiotherapy equipment and accessories MDW1 Cardiology equipment and accessories MDW2 Dialysis equipment and accessori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uble-capped linear fluorescent lamps for general lighting purposes not exceeding (per lamp) : (1) Tri-band phosphor with normal life time and a tube diameter 9mm (e.g.T2) : 4mg (2) Tri-band phosphor with normal life time and a tube diameter 9 mm and 17 mm (e.g. T5) : 3 mg (3) Tri- band phosphor with normal life time and a tube diameter 17 mm and 28 mm(e.g. T8) : 3.5 mg (4) Tri-band phosphor with normal life time and a tube diameter 28 mm (e.g. T12) : 3.5 mg (5) Tri-band phosphor with long life time ( 25000 h) : 5mg 2.(b) Mercury in other fluorescent lamps not exceeding(per lamp) : (1) Linear halophosphate lamps with tube 28 mm (e.g. T 10 and T12) : 10 mg (2) Non-linear halophosphate lamps(all diameters) : 15mg (3) Non-linear tri-band phosphor lamps with tube diameter 17 mm(e.g.T9) : 15 mg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting temperature type solders (i.e. lead-based alloys containing 85% by weight or more lead) (b) Lead in solders for servers, storage and storage array systems, network infrastructure equipment for switching, signalling, transmission, and network management for telecommunications (c) Electrical and electronic components containing lead in a glass or ceramic other than dielectric ceramic in capacitors, e.g. piezoelectronic devices, or in aglass or ceramic matrix compound. (d) Lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher (e) Lead in dielectric ceramic in capacitors for a rated voltage of less than 125V AC or 250 V DC 8.(a) Cadmium and its compounds in one shot pellet type thermal cut-offs (b) Cadmium and its compounds in electrical contracts 9. Hexavalent chromium as an anticorrosion agent of the carbon steel cooling system in absorption refriger ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Displays (LCDs) 20. Lead and cadmium in printing inks for the application of enamels on glasses, such as borosilicate and soda lime glasses 21. Lead in finishes of fine pitch components other than connectors with a pitch of 0.65 mm and less 22. Lead in solders for the soldering to machine through hole discoidal and planar array ceramic multilayer capacitors 23. Lead oxide in surface conduction electron emitter displays (SED) used instructural elements, notably in the seal frit and frit ring. 24. Lead oxide in the glass envelope of black light blue lamps 25. Lead alloys as solder for transducers used in high-powered (designated to operate for several hours at acoustic power levels of 125 dB SPL and above) loudspeakers 26. Lead bound in crystal glass 27. Cadmium alloys as electrical/mechanical solder joints to electrical conductors located directly on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. 2028-29 onwards 80% of the quantity of an EEE placed in the market in year Y-X, where X is the average life of that product Note : (1) E-waste recycling target shall be reviewed and may be increased after the end of year 2028-29. (2) The importers of used electrical and electronic equipment shall have 100% extended producer responsibility obligation for the imported material after end of life, if not re-exported. (3) E-Waste recycling targets shall not be applicable for waste generated from solar photo-voltaic modules or panels or cells. SCHEDULE-IV [See Rules 3(m), 6(2), 13(1), 13(2)] Extended Producer Responsibility targets for producers, who have started sales operations recently, i.e. number of years of sales operations is less than average life of their products mentioned in the guidelines issued by the Central Pollution Control Board from time to time. Sl. No. Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions regarding reduction in use of hazardous substances in manufacture of electrical and electronic equipment. (12) Interaction with IT industry for reducing hazardous substances. (13) Set and revise targets for compliance to the reduction in use of hazardous substance in manufacture of electrical and electronic equipment from time to time. (14) Ensure RoHS compliance and its certifications through a recognized lab and its mandatory checks. (15) Any other function delegated by the Ministry under these rules from time to time. 2. State Pollution Control Boards or Pollution Control Committees of Union territories (1) Inventorisation of e-waste. (2) Monitoring and compliance of Extended Producer Responsibility as directed by Central Pollution Control Board. (3) Conduct random inspection of recycler and refurbisher and monitoring recycling capacity utilization. (4) Implementation of programmes to encourage environmentally sound recycling. (5) Any other function delegated by the Ministry/Central Pollution Control Board under these rules. 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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