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Schedule A Demo

E-Waste (Management) Rules, 2022

In today’s world, being technologically advanced is essential for a country’s growth. However, with advancements in technology comes the generation of more e-waste, which is hazardous to the environment. To move towards a circular economy, it is imperative to focus more on sustainability and re-usability of existing electrical devices, rather than outright purchasing new electronics.

 

The Indian Government has already formulated rules such as E-waste (Management and Handling) Rules, 2011, and E-waste (Management) Rules, 2016, which have now been superseded by the E-waste (Management) Rules, 2022, effective from 01.04.2023. These rules aim to ensure proper e-waste management and disposal.

The new rules include the following –

  1. Development of an online portal for filing, reporting, and registration,
  2. Environmental compensation for damage caused to the environment,
  3. Constitution of a Steering Committee for rules implementation, and
  4. A new Extended Responsibility of Producers regime that emphasizes achieving annual e-waste recycling targets instead of annual e-waste collection targets.

 A brief summary of the various provisions and requirements of E-Waste (Management) Rules, 2022 is detailed below:

1.Registration as manufacturer, refurbisher, producer or recycler:

Entities to register on the online system developed by the Central Pollution Control Board in any of the following categories:-

(a) manufacturer;

(b) producer;

(c) refurbisher; or

(d) recycler.

    • If an entity falls in more than one category, then separate registration required
    • No business to be carried without registration
    • The entities mentioned above also not to deal with any unregistered manufacturer, producer, recycler and refurbisher.

2. Responsibility of manufacturer/producer/refurbisher/recycler:

  • Registration on the online portal developed by the Central Pollution Control Board as mentioned in Rule 4

3. Responsibility of manufacturer:

  • All manufacturer shall have to 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 form on the portal on or before end of the month succeeding the quarter or year, as the case may be, to which the return relates.

4. Responsibility of producer of electrical and electronic equipment listed in Schedule I:

  • The producer of electrical and electronic equipment listed in Schedule I shall be responsible for obtaining and implementing extended producer responsibility targets as per Schedule-III and Schedule-IV through the portal.

Provided 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;

 

  • Creating awareness through media, publications, advertisements, posters or by any other means of communication;
  • The producer of electrical and electronic equipment listed in Schedule I shall be responsible for filing annual and quarterly returns in the form laid down 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

5. Responsibilities of a Refurbisher:

  • All refurbisher shall have to 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;
  • All refurbisher shall have to 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.

6. Responsibilities of bulk consumer:

  • 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 the registered producer, refurbisher or recycler.

7. Responsibilities of the recycler:

  • 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 an authorised 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;
  • 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;
  • 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
  • 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.

 

8. 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 said period up to three hundred and sixty-five days in case the e-waste needs to be specifically stored for development of a process for its recycling or reuse.

9. Management of solar photo-voltaic modules or panels or cells: Every manufacturer and producer of solar photo-voltaic modules or panels or cells shall, –

(i) ensure registration on the portal;

(ii) 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;

(iii) file annual returns in the laid down form on the portal on or before the end of the year to which the return relates up to year 2034-2035;

(iv) ensure that the processing of the waste other than solar photo-voltaic modules or panels or cells shall be done as per the applicable rules or guidelines for the time being in force;

(v) ensure that the inventory of solar photo-voltaic modules or panels or cells shall be put in place distinctly on portal;

(vi) comply with SOP and guidelines laid down by the CPCB in this regard.

Recycler of solar photo-voltaic modules or panels or cells shall be mandated for recovery of material as laid down by the Central Pollution Control Board in this regard.

10. Transportation of e-waste:

  • Transportation of waste generated from manufacturing or recycling destined for final disposal to a treatment, storage and disposal facility shall follow the provisions under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016.

11. Accident reporting:

  • Where an accident occurs at the facility processing e-waste or during transportation of e-waste, the producer, refurbisher, transporter, dismantler, or recycler, as the case may be, shall report immediately to the concerned State Pollution Control Board about the accident through telephone and e-mail.

12. Extended producer responsibility Regime (EPR):

  • All producers shall fulfil their extended producer responsibility obligation as per Schedule-III and Schedule-IV, in doing so they may also take help of third-party organisations such as producer responsibility organisations, collection centres, dealers etc.
  • The producer shall fulfil their extended producer responsibility through online purchase of extended producer responsibility certificate from registered recyclers only and submit it online by filing quarterly return.

 

Disclaimer: The information contained in this Article is intended solely for personal non-commercial use of the user who accepts full responsibility of its use. The information in the article is general in nature and should not be considered to be legal, tax, accounting, consulting or any other professional advice. We make no representation or warranty of any kind, express or implied regarding the accuracy, adequacy, reliability or completeness of any information on our page/article. 

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Schedule A Demo