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E-waste

John 3:16 Compliance > E-waste

Businesses under E-waste Management Rule 2022

The E-Waste (Management) Rules, 2022 shall apply to every Manufacturer, Producer, Recycler, Refurbisher and Dismantler involved in manufacture, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational.

The entities are obligated under E-waste Management Rule

As per the E-waste (Management) Rules, 2022, WEEE Producer, Importer, Brand Owner, Refurbhiser, Recycler. As per said rules, No entity shall carry out any business without registration under the said rules and obtain Extended Responsibility Authorization.

Producer’s Responsibility – The producer of electrical and electronic equipment listed in Schedule I shall be responsible for

  • Registratering to the E-waste Management System.

  • Obtaining and implementing Extended Producer Responsibility (EPR) targets as per Schedule-III and Schedule-IV through the portal as per said rules.

Producer having Extended Producer Responsibility (EPR) 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 (CPCB) with approval of Steering Committee.

  • E-waste Handling and Disposal Awareness Caimpaign – Creating awareness through media, publications, advertisements, posters or by any other means of communication.

  • 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.

  • Maintaining all the technical documentation on RoHS as per EN50581 for verification by CPCB/SPCB officials whenever required.

Manufacturer’s Responsibility – The manufacturer of electrical and electronic equipment listed in Schedule I shall be responsible for

  • Registratering to the E-waste Management System.

  • Obtaining and implementing Extended Producer Responsibility (EPR) targets as per Schedule-III and Schedule-IV through the portal as per said rules.

  • Collect e-waste generated during the manufacture of any electrical and electronic equipment and ensure its recycling or disposal.

  • File annual and quarterly returns in the laid down on or before end of the month succeeding the quarter or year, as the case may be, to which the return relates.

Refurbhiser’s Responsibility – The manufacturer of electrical and electronic equipment listed in Schedule I shall be responsible for

  • Registratering to the E-waste Management System.

  • Collect e-waste generated during the process of refurbishing and hand over the waste to registered recycler and upload information on the portal;

  • 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;

  • File annual and quarterly returns in the laid down on or before end of the month succeeding the quarter or year, as the case may be, to which the return relates.

Recycler’s Responsibility – All recycler shall have to

  • Registratering to the E-waste Management System.

  • Ensure that the facility and recycling processes are in accordance with the standards or guidelines laid down by the Central Pollution Control Board in this regard from time to time;

  • Ensure that the fractions or material not recycled in its facility is sent to the respective registered recyclers;

  • Ensure that residue generated during recycling process is disposed of in anauthorised treatment storage disposal facility;

  • Maintain record of e-waste collected, dismantled, recycled and sent to registered recycler on the portal and make available all records for verification or audit as and when required;

  • File annual and quarterly returns in the laid down on or before end of the month succeeding the quarter or year, as the case may be, to which the return relates.

  • Accept waste electrical and electronic equipment or components not listed in Schedule-I for recycling provided that they do not contain any radioactive material and same shall be uploaded on the portal;

  • Create awareness through media, publications, advertisements, posters or by such other means of communication;

  • Account for and upload information about any non-recyclable e-waste or any quantity which is not recycled and disposed of;

  • take help of dismantlers for recycling purposes.

  • Provided that it shall be the responsibility of recycler to ensure proper material flow to and from those dismantlers and the dismantler shall give dismantled material to registered recycler only and maintain record of the same.

John Three Sixteen & Compliance has extensive experience and know-how across the entire E-waste transformation journey. Our ability to predict outcomes with confidence empowers EEE producing businesses and compliance executives to rapidly evaluate opportunities and drive the right changes across the enterprises. This leads to 360° value, benefitting businesses, clients, stakeholders, communities, and the environment.

E-waste Management Rule 2022
FREQUENTLY ASKED QUESTIONS

What is Electrical and Electronic Equipment (EEE)?

Under the E-Waste (Management) Rules, 2022, ‘Electrical and Electronic Equipment’ (EEE) 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.

What Is E- Waste?

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, refurbishment and repair processes.

What is general composition of E-Waste?

E-waste contains useful material of economic benefit such as plastics, iron, glass, aluminum, copper, precious metals such as silver, gold, platinum, palladium and indium etc and rare earth elements such as lanthanum, neodymium etc. and hazardous substances such as lead, cadmium, mercury etc. and other toxic substances such as polychlorinated bi-phenyls, etched chemicals, etc. The most complex mix of substances is usually present in the printed circuit boards (PCBs)/ printed wiring boards (PWBs).

Whether E-Waste contains hazardous substances?

Yes, E-Waste contains hazardous substances such as Lead, Cadmium, Mercury, Hexavalent Chromium, Polychlorinated Bi- phenyls (PCBs), Brominated Flame Retardants (BFR), etc.

Can E-Waste pose problems to health and environment?

E-Waste can cause health risks and damage to environment if the E-Waste is opened-up and attempts are made for retrieval of useful components or material in an un-scientific manner or if the material is disposed in open. The electronic and electrical equipment (EEE) after their useful life may not cause any harm if stored safely in households/stores.

The electrical and electronic equipment (EEE) have valuable materials and hazardous/toxics substances in their components. E-Waste can be considered as a resource that contains useful material of economic benefit for recovery of plastics, iron, glass, aluminum, copper and precious metals such as silver, gold, platinum, and palladium and lead, cadmium, mercury etc. However, at the same time presence of heavy metals (As, Cd, Hg, Pb etc.) and other toxic substances such as Polychlorinated Bi-phenyls (PCBs), etched chemicals, etc. may pose risk to health and environment during handling and recovery operations.

What are the salient features of the E-Waste (Management) Rules, 2022?

The salient features of the E-Waste (Management) Rules, 2022 are as follows:

  • Extended Producer Responsibility (EPR) for the producers of electrical or electronic equipment as given in Schedule-I for meeting recycling targets as per Schedule-III and Schedule-IV, only through registered recyclers of E-Waste to ensure environmentally sound management of such waste.
  • 106 EEEs under seven categories have been covered
  • Focuses on recycling – E-Waste recycling targets as EPR Obligation to Producers in terms of end products of recycling.
  • Provision for generation of EPR certificate on the EPR Portal based on E-Waste recycled in terms of four end products (gold, copper, aluminum, iron).
  • Producers to fulfil their EPR obligation by proportionately purchasing of EPR certificate on the Portal from registered recyclers.
  • Encouraging re-use of EEEs, through generation of Refurbishing Certificate.
  • Management of Solar photo-voltaic modules or panel or cells, included in the schedule however, no recycling target only storage till 2034-35.
  • Provision for imposition and collection of environmental compensation charges in case of violation of any of the provision of these rules.
  • Quarterly and Annual Returns by Producers.
  • Audit of stakeholders.

Entities required to register at E-Waste EPR Portal?

As per the E-waste (Management) Rules, 2022, the following entities are required to register at E-Waste

(a) Manufacturer; (b) Producer;
(c) Refurbisher; (d) Recycler.

Who is a Manufacturer under E-Waste (Management) Rules, 2022 and amendments thereafter?

Under E-Waste (Management) Rules, 2022 ‘Manufacturer’ means a person or an entity or a company as defined in the Companies Act, 2013 (18 of 2013) or a factory as defined in the Factories Act, 1948 (63 of 1948) or Small and Medium Enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), which has facilities for manufacturing of electrical and electronic equipment as specified in Schedule- I.

Who is a Producer under E-Waste (M) rules, 2022 and amendments thereafter?

Under E-Waste (Management) Rules,2022 ‘Producer’ means any person who, irrespective of the selling technique used such as dealer, retailer, e-retailer, etc.;

  • Manufacturers and offers to sell electrical and electronic equipment and their components or consumables or parts or spares under its own brand; or
  • Offers to sell under its own brand, assembled electrical and electronic equipment and their components or consumables or parts or spares produced by other manufacturers or suppliers; or
  • Offers to sell imported electrical and electronic equipment and their components or consumables or parts or spares;
  • Who imports used electrical and electronic equipment

Who is Recycler under E-Waste (Management) Rules, 2022 and amendments thereafter?

Under E-Waste (Management) Rules, 2022 ‘Recycler’ means any person or entity 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;

Who is Bulk Consumer under E-Waste (Management) Rules, 2022 and amendments thereafter?

‘Bulk consumer’ means any entity which has used at least one thousand units of electrical and electronic equipment listed in Schedule I, at any point of time in the particular Financial Year and includes e-retailer.

What is RoHS?

‘RoHS’ is the abbreviation for Reduction of Hazardous Substances in the manufacture of electrical and electronic equipment. Every producer of electrical and electronic equipment and their components or consumables or parts or spares listed in Schedule I shall ensure that, new electrical and electronic equipment and their components or consumables or parts or spares do not contain Lead, Mercury, Cadmium, Hexavalent Chromium, Polybrominated Biphenyls and Polybrominated Diphenyl Ethers beyond a maximum concentration value as stipulated under the rules.

What is the status of applicability of RoHS provisions the E- Waste (Management) Second Amendment Rules, 2023 dated 24.07.2023?

The E-waste (Management) rules have been amended vide GSR No. G.S.R.534(E) dated 24.07.2023. The amendments are available at E- Waste EPR Portal. The provision of ROHS as per E-waste (Management) Second Amendment Rules, 2023 dated 24.07.2023 are as following:

  • The provisions of sub-rule 16 (1) shall not apply to components or consumables or parts or spares required for electrical and electronic equipment specified in Schedule – II B placed in the market on or before the 1st May, 2014 provided reduction of hazardous substances compliant parts and spares are not available.
  • The provisions of sub-rule 16 (1) shall not apply to electrical and electronic equipment specified in Schedule – II C of the amendments placed in the market on or before the 1st April, 2025.
  • The provisions of sub-rule (1) shall not apply to components or consumables or parts or spares required for electrical and electronic equipment referred in Schedule IIC till the 1st April, 2028, provided reduction of hazardous substances compliant parts and spares are not available.’’

Whether Solar photo-voltaic modules or panels or cells are covered under the E- Waste (Management) Rules, 2022?

Yes, Solar photo-voltaic modules or panels or cells are also covered under the E-Waste (Management) Rules, 2022. As per the rules, every manufacturer and producer of solar photo-voltaic modules or panels or cells shall store solar photo-voltaic modules or panels or cells waste generated up to the year 2034- 2035 as per the guidelines laid down by the Central Pollution Control Board in this regard;

Whether all the Producers of EEEs are required to do Registration?

Producer Registration is mandatory for the entities who are covered under the definition of the Producers as given in the E- Waste (Management) Rules, 2022 and has to be obtained by all the producers of EEE including their components, consumables, parts and spares as listed in the Schedule –I of E-Waste (Management) Rules, 2022.

Whether Bulk Consumer under E-Waste (Management) Rules, 2022 requires to register on the portal?

Bulk Consumer under E-Waste (Management) Rules, 2022 does not require to register on the portal.

Who can collect E-Waste under the current regulation?

Under the E-Waste (Management) Rules 2022, registered Producer, Recyclers and Refurbishers of E-Waste register on the portal can collect E-Waste.

Whether a registered Recycler, Refurbisher can collect and transport E- Waste from one state to its facility located in another State for the purpose of recycling/ refurbishing?

Yes, under E-Waste (Management) Rules, 2022 registered Recycler and Refurbisher can collect and transport E-Waste from any part of the country for the purpose of dismantling/ recycling/ refurbishing it to its facility.

What is the overall objective of the E-Waste (Management) Rules, 2022?

The overall objective of E-Waste (Management) Rules, 2022 is to take all steps required to ensure that E-Waste is managed in a manner which shall protect health and environment against anyadverse effects, which may result from such E-Waste.

The E-Waste (Management) Rules, 2022 shall apply to whom?

The E-Waste (Management) Rules, 2022 shall apply to every Manufacturer, Producer, Recycler, Refurbisher and Dismantler involved in manufacture, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational.

What is Environmentally Sound Management of E-Waste?

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.

What is Environmentally Sound Management of E-Waste?

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.

What types of systems do you support?

We pride ourselves on being “ecosystem agnostic”: whether you use Google Apps or Office365, Windows or Mac, Android or iOS, we will support your team.  Need to install a server onsite or host one virtually on Amazon or Azure? We will support you.  Need to transition from one ecosystem to another?  We’ll be there for you.

What are the Electrical and Electronic Equipment (EEE) covered under E- Waste (Management) Rules, 2022 for which Extended Producer Responsibility (EPR) registration is required to be obtained?

Electrical & Electronic Equipment (EEE) including their components, consumables, parts and spares which make the product operational as listed in Schedule- I of theE-Waste (Management) Rules, 2022 are applicable for producer registration.

Who is a Refurbisher under E-Waste (Management) rules, 2022 and amendments thereafter?

Under E-Waste (Management) Rules, 2022 ‘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;

Whether a Refurbisher/ Recycler authorized in a State can collect E-Waste in a State other than the State where their facility has been authorized?

Recyclers and Refurbisher can collect E-Waste from anywhere in the country for the purpose of recycling or refurbishing.

What is ‘Producer Registration Certificates’?

Producer Registration Certificates’’ means a permission given by Central Pollution Control Board to meet EPR Obligation;

What are the limits have been specified for Hazardous substances under the E- Waste (Management) Rules, 2022?

As per sub rule 16(1) E-Waste (Management) Rules, 2022 electrical and electronic equipment and their components or consumables or parts or spares listed in Schedule I shall ensure that, new electrical and electronic equipment and their components or consumables or parts or spares do not contain Lead, Mercury, Cadmium, Hexavalent Chromium, Polybrominated Biphenyls and Polybrominated Diphenyl Ethers beyond a maximum concentration value of 0.1 per cent by weight in homogenous materials for Lead, Mercury, Hexavalent Chromium, Polybrominated Biphenyls and Polybrominated Diphenyl Ethers and of 0.01 per cent by weight in homogenous materials for cadmium.

What are the documents w.r.t. RoHS compliance are required to be maintained by the EPR Registered Producer as per E-Waste (Management) Second Amendment Rules, 2023 dated 24.07.2023?

Producer while seeking EPR Registration is required to submit following declarations:

  • Self-Declaration (now auto generated in Portal) that EEEs produced by them are complying with RoHS as per sub rule of the Rule16 of the E-Waste (Management) Rules, 2022 for EEEs listed in Schedule-I of E-Waste (Management) Rules, 2022 excluding EEEs mentioned in Schedule-II C (Second Amendment Rules 2023 dated 24.07.2023) till 1st April 2025 and components or consumables or parts or spares required for
    electrical and electronic equipment referred in Schedule II C till
    the 1st April, 2028.
  • Declaration on availability of technical documents on RoHS (as per EN 50581/ EN IEC 63000:2018 ) are available with producers and the same will be made available for verification to the officials of CPCB/SPCBs whenever required for EEEs listed in Schedule-I of E-Waste (M) Rules, 2022 excluding EEEs mentioned in Schedule-IIC (Second Amendment Rules 2023 dated 24.07.2023) till 1st April 2025 and components or consumables or parts or spares required for electrical and electronic equipment referred in Schedule IIC till the 1st April, 2028.

What is Extended Producer Responsibility (EPR)?

‘Extended Producer Responsibility (EPR)’ means responsibility of any producer of electrical or electronic equipment as given in Schedule-I for meeting recycling targets as per Schedule-III and Schedule-IV, only through registered recyclers of E-Waste to ensure environmentally sound management of such waste.

Whether a dismantler is required to register on EPR Portal?

As per Rule 4 of the E-Waste (Management) Rules, 2022, entities, namely Manufacturer, Producer, Recycler and Refurbisher only are required to register on the portal.

What is the responsibility of Bulk consumers under these Rules?

Bulk consumers of electrical and electronic equipment listed in Schedule I shall ensure that e-waste generated by them shall be handed over only to registered Producer, Recyclers or Refurbishers registered on the EPR portal.

What are the recycling targets given to the Producers while issuing EPR Registration?

Under the EPR, Producers have been given phase wise EPR Obligation (recycling target) of E- Waste. EPR Obligations are effective from 1st April 2023 and for the FY 2023-24 & FY 2024-25 it is 60% of the quantity of waste generation, followed by 70% during FY 2025-26 & FY 2026-27, 80% during FY 2027-28 and onwards.

In case the producer has started sale recently, EPR Obligation shall be applicable as per Schedule-IV and these targets are applicable from FY 2023-24 and is 15% of sale in 2021-22 and for FY 2024-25 it is 20% of sale in FY 2022-23, and for FY 2025-2026 onwards it is 20% of the sales figure of the financial year two years back.

However, in case of import of used EEEs the assigned target is 100% of the quantity imported.

What are provisions for dealing with the fractions or material those are not getting recycled in a recyclers facility?

As per the provisions laid in section 9 of the E-Waste (Management) Rules, 2022 a recycler has to ensure that the fractions or material not recycled in its facility is sent to the respective registered recyclers. Also the residue generated during recycling process is to be disposed of in an authorized treatment storage disposal facility. A recycler is required to maintain record of e-waste collected, dismantled, recycled and sent to registered
recycler on the portal and make available all records for verification or audit as and when required.

What is the procedure for registration of Manufacturer on the EPR E Waste portal?

Under the E-Waste Rules, a Manufacturer of EEEs listed in Schedule-I of the Rules shall register itself on E Waste EPR Portal. The Manufacturer should have valid CTO (for Green, Orange and Red category industry) under Air & Water Act along with Authorization under the Hazardous and Other Waste (Management & Transboundary Movement) Rules, 2016 from the concerned SPCB. The requirement of CTO is exempted for white category industry.

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