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.

 

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

  • Centralized data processing: Mainframes, Minicomputers
  • Personal Computing: Personal Computers (Central Processing Unit with input
  • and output devices
  • Personal Computing: Laptop Computers(Central Processing Unit with input and output devices)
  • Personal Computing: Notebook Computers
  • Personal Computing: Notepad Computers
  • Printers including cartridges
  • Copying equipment
  • Electrical and electronic typewriters
  • User terminals and systems
  • Facsimile
  • Telex
  • Telephones
  • Pay telephones
  • Cordless telephones
  • Cellular telephones
  • Answering systems
(ii) Consumer electrical and electronics

  • Television sets (including sets based on (Liquid Crystal Display and Light
  • Emitting Diode technology)
  • Refrigerator
  • Washing Machine
  • Air-conditioners excluding centralised air conditioning plants
  • Fluorescent and other Mercury containing lamps

 

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.

 

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