The Government of India promulgated the E-waste (Management and Handling) Rules, 2011, based on the concept of extended producer responsibility (EPR). However, the collection of e-waste has not progressed as expected and challenges have emerged after several years of operation. In light of these, the government published new rules “E-waste (Management) Rules, 2016” which focuses more on the recycling part. The new rule includes high collection targets and RoHS provisions, and to review the collection targets and add the provisions for new producers, in March 2018, E-waste (Management) Amendment Rules, 2017 was published.
Target Products
As before, the products covered by the Rules are divided into two groups:
- IT and telecommunications equipment
- Consumer electrical and electronics
Fluorescent lamps and mercury-containing lamps have been added to the latter group.
In addition, the scope of coverage has been extended to their parts, consumables and spare parts. The products applicable to the Rules are as follows.
NOTE:
A draft to replace the current E-Waste (Management) Rules, 2016, published in May 2022, proposed a new product categories to be regulated below:
- Information technology and telecommunication equipment [Item code: ITEW1 to 25]
- Consumer Electrical and Electronics and Photovoltaic Panels [Item code: CEEW1-18]:
Screens, monitors, video cameras, video recorders, audio amplifiers, solar panels, etc. - Large and Small Electrical and Electronic Equipment [Item code: LSEEW1-29]:
Large cooling appliances, freezers, clothes dryers, dishwashers, electric cookers, electric stoves, electric hot plates, electric fans, vacuum cleaners, irons, smoke detectors, thermostats, etc. - Electrical and Electronic Tools (With the exception of large- Scale Stationary Industrial Tools) [Item code: EETW1-8]:
Drills, saws, sewing machines, tools for mowing or other gardening activities, tools for welding, soldering, or similar use, etc. - Toys, Leisure and Sports Equipment [Item code: EETW9-14]:
Hand-held video games consoles, video games, sports equipment with electric or electronic components, Computers for biking, diving, running, rowing, etc. - Medical Devices (with the exception of all implanted and infected products) [Item code: MDW1-10]:
Radiotherapy equipment, cardiology equipment, dialysis equipment, pulmonary ventilators, laboratory equipment for in vitro diagnosis, analysers, MRI & ultrasound equipment, etc.
Target Entities
Under the previous rules, “this rule applies to all producers, consumers, large consumers, collection centers, dismantlers, and recyclers involved in the manufacture, sale, purchase, and processing of electrical and electronic equipment and its components”. The 2016 Rules provides that manufacturers, dealers, refurbishers, producer responsibility organizations (PROs), and e-retailers are newly added to the list of covered entities. PROs are associations established by producers individually or in collaboration and are responsible for managing the collection of e-waste and ensuring that it is processed through the appropriate channels.
| Sr. No. | Categories of electrical and electronic equipment |
|---|---|
| (i) | Information technology and telecommunication equipment：
|
| (ii) | Consumer electrical and electronics：
|
Producer Responsibility for Collection
The Rules allow producers to take a wide range of measures to meet their e-waste collection targets. In addition to setting up collection centres, producers can take steps such as buyback, deposit refund scheme, establishment of e-waste take-back stations and cooperation with online sellers. Producers have to obtain EPR Authorisation from the CPCB and without this approval, imports shall not be allowed. Producers have to submit EPR plan to for the authorisation.
With respect to the collection target rate, the E-waste (Management) Amendment Rules, 2018, promulgated on March 22, 2018, amend the targets as follows. The Amendment Rules includes a revision of the collection targets and new provisions for producers with operating years shorter than the average life cycle of the product.
Schedule III: Collection targets for EPR Authorisation
| Year | E-Waste Collection Target (Weight) |
|---|---|
| 2017-2018 | 10% of the quantity of waste generation as indicated in Extended Producer Responsibility Plan. |
| 2018-2019 | 20% of the quantity of waste generation as indicated in Extended Producer Responsibility Plan. |
| 2019-2020 | 30% of the quantity of waste generation as indicated in Extended Producer Responsibility Plan. |
| 2020-2021 | 40% of the quantity of waste generation as indicated in Extended Producer Responsibility Plan. |
| 2021-2022 | 50% of the quantity of waste generation as indicated in Extended Producer Responsibility Plan. |
| 2022-2023 | 60% of the quantity of waste generation as indicated in Extended Producer Responsibility Plan. |
| 2023 onwards | 70% of the quantity of waste generation as indicated in Extended Producer Responsibility Plan. |
Schedule III (A): 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 Central Pollution Control Board from time to time.
| Year | E-Waste Collection Target (Weight) |
|---|---|
| 2018-2019 | 5% of the sales figure of financial year 2016-17. |
| 2019-2020 | 5% of the sales figure of financial year 2017-18. |
| 2020-2021 | 10% of the sales figure of financial year 2018-19. |
| 2021-2022 | 10% of the sales figure of financial year 2019-20. |
| 2022-2023 | 15% of the sales figure of financial year 2020-21. |
| 2023-2024 | 15% of the sales figure of financial year 2021-22. |
| 2024-2025 | 20% of the sales figure of financial year 2022-23. |
| 2025 onwards | 20% of the sales figure of the year preceding the previous year. |
RoHS provisions
With regard to the RoHS, India has banned the import and placing on the market of products that do not comply with the RoHS provisions since May 1, 2014. Moreover, if a product is sold which does not comply with the RoHS provisions, it is required to be removed from the market or recalled within a reasonable period of time.
| Substances | Maximum concentration value |
|---|---|
| Lead Mercury Hexavalent Chromium Polybrominated biphenyls Polybrominated diphenyl ether |
0.1% by weight in homogenous materials |
| Cadmium | 0.01% by weight in homogenous materials |
E-waste manifest
The Rules requires the use of a manifest when transporting E-waste. This manifest must specify the origin, purpose and quantity of E-waste being transported. However, the transportation of waste from the manufacturing or recycling process for final disposal at treatment, storage and disposal facilities must be done in accordance with the Hazardous and Other Wastes (Management and Transboundary Movements) Rules, 2016.
Penalty
If any manufacturer, producer, importer, transporter, refurbishers, dismantler or recycler contravenes the provisions of the rules, the penal provisions of the Environment (Protection) Act, 1986 shall apply and the fine shall be paid in accordance with the rules laid down by the State Pollution Control Board (SPCB) with the prior approval of the CPCB.
On May 20, 2022, the Ministry of Environment, Forest and Climate Change of India announced a draft on new regulation to replace the current E-Waste (Management) Rules, 2016. See more details below:
India announces draft on New E-Waste Management Rules
