TaxTMI 
TaxTMI 
Implementation of E-Waste (Management) Rules, 2022 in supersession of E-Waste (Management) Rules, 2016
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.... of Environment, Forest and Climate 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 B....
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....ide 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. Short title and commencement. - (1) ....
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....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, refurbishment and repair processes; (m) 'extended p....
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....nic 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 defined in the Act shall have the same meanings as respectively, as assigned to them in the....
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....l 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 succeeding the quarter or year, as the case may be, to which the return relates. 8. Responsibilities of bulk consumer. - Bulk consumers of electrical and elect....
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....y 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 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. CHAPTER V 12. Management of solar photo-v....
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....e 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 = Qp x Cf *the Qepr is the quantity eligible for generation of the certificate, Qp is the quantity of the end product and Cf is the conversion factor (quantity of inputs required for production of one unit of output) (b) Conversion factor Cf for each end product shall be determined by Central Pollution Control Board with the approval of the steering committee. (iii) The validity of the extended producer responsibility certificate shall be two year....
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.... 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 extended producer responsibility liability shall be deferred automatically for the relevant quantity of the product, for the duration as laid down by the Central Pollution Control Board. (5) The availability, requirement and other details of the extended producer responsibility certificate and refurbishing cert....
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....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 product does not comply with reduction of hazardous substances provisions, the producer shall take corrective measures to bring the product into compliance and withdraw or recall the product from the market, within a reasonable period as per the guidelines laid down by the Central Pollution Control Board in this regard. (13) The Central Poll....
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....ment, 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 the unfulfilled extended producer responsibility for a particular year shall be carried forward to the next year and so on and up to three years. (ii) In case, the shortfall of extended producer responsibility obligation is addressed after one year, 85 per cent of the environmental compensation levied shall be returned to the producer. (iii) In case, the shortfall of extended produ....
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....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 and Manufacturer Association; (f) a maximum of two representatives of E-Waste Recycler Associations; (g) one representative of State Pollution Control Board or Pollution Control Committee as co-opted by the Chairman of the Steering Committee; (h) Head of the Concerned Division of the Central Pollution Control Board - Member-Convener. (2) The steering committee shall be responsible for overall implementatio....
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....y and light Emitting Diode Technology) CEEW1 Refrigerator CEEW2 Washing Machine CEEW3 Air-Conditioners excluding centralised air conditioning plants CEEW4 Fluorescent and other Mercury containing lamps CEEW5 Screen, Electronic Photo frames, Electronic Display Panel, Monitors CEEW6 Radio sets CEEW7 Set top Boxes CEEW8 Video Cameras CEEW9 Video Recorders CEEW10 Hi-Fi Recorders CEEW11 Audio Amplifiers CEEW12 Other products or equipment for the purpose of recording or reproducing sound or images including signals and other technologies for the distribution of sound and image by telecommunications CEEW13 Solar panels/cells, solar Photovoltaic panels/cells/ modules. CEEW14 Luminaires for fluorescent lamps with the exception of luminaires in households CEEW15 High intensity discharge lamps, including pressure sodium lamps and metal halide lamps CEEW16 Low pressure sodium lamps CEEW17 Other lighting or equipment for the purpose of spreading or controlling light excluding filament bulbs CEEW18 Digital camera CEEW19 (iii) Large and Small Electrical and Electronic Equipment ....
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....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 accessories MDW3 Pulmonary ventilators and accessories MDW4 Nuclear Medicine Equipment and accessories MDW5 Laboratory equipment for in vitro diagnosis and accessories MDW6 Analysers and accessories MDW7 Magnetic Resonance Imaging (MRI), Positron Emission Tomography (PET) Scanner, Computed Tomography (CT) Scanner & Ultrasound Equipment along with accessories MDW8 Fertilization tests equipment and accessories MDW9 Other electric appliances/equipment/kits used for preventing, screening, detecting, monitoring, evaluating, reviewing, examining, investigating, probing, treating illness sickness, disease, disorder, afflicti....
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.... general lighting purposes not exceeding (per burner)in lamps with improved colour rendering index Ra>60 : (b)-I P ≤155 W : 30 mg (b)-II 155 W < P ≤405 W : 40 mg (b)-III P >405 W : 40 mg (c) Mercury in other High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner): (c)-I P<155 W:25mg (c)-II 155 W < P < 405 W:30 mg (c)-III P >405 W:40 mg (d) Mercury in High Pressure Mercury (vapour) lamps (HPMV) (e) Mercury in metal halide lamps (MH) (f) Mercury in other discharge lamps for special purposes not specifically mentioned in this Schedule 5.(a) Lead in glass of cathode ray tubes (b) Lead in glass of fluorescent tubes not exceeding 0.2% by weight 6.(a) Lead as an alloying element in steel for machining purposes and in galvanized steel containing up to 0.35% lead by weight (b) Lead as an alloying element in aluminium containing up to 0.4% lead by weight (c) Copper alloy containing up to 4% lead by weight 7.(a) Lead in high melting temperature type solders (i.e. lead-based alloys containing 85% by weight or more lead) (b) Lead in solders for servers....
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....BSP (Ba Si2O5:Pb) 18. Lead with PbBiSn-Hg and PblnSn-Hg in specific compositions as main amalgam and with PbSn-Hg as auxiliary amalgam in very compact energy saving lamps (ESL) 19. Lead oxide in glass used for bonding front and rear substrates of flat fluorescent lamps used for Liquid Crystal 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 loca....
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.... 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 E-Waste Recycling Target (by weight ) 1. 2023-24 15% of the sales figure of financial year 2021-22 2. 2024-25 20% of the sales figure of financial year 2022-23 3. 2025-26 onwards 20% of the sales figure of the financial year two years back Note : (1) Once the number of years of sales operation equals the average life of their product mentioned in the guidelines issued by Central Pollution Control Board, their extended producer responsibility obligation shall be as per Schedule-III. (2) E-Waste recycling targets shall not be applicable for waste generated from solar photo-voltaic modules or panels or cells. SCHEDULE-V [See Rule (17)] LIST OF AUTHORITIES AND CORRESPONDING DUTIES SL. NO. AUTHORITY CORRESPONDING DUTIES 1. Central Pollution Control Board (1) Oper....