TaxTMI 
TaxTMI 
E-Waste (Management) Rules, 2022 — Regarding release of imported consignments of producers 106 EEEs items (ITEW 1 to ITEW 27, CEEW 1 to CEEW 19, LSEEW 1 to LSEEW 34, EETW 1 to EETW 8, TLSEW 1 to TLSEW 6, MDW 1 to MDW 10 and LIW 1 to LIW 2) as listed in the E-Waste (Management) Rules 2022
X X X X Extracts X X X X
X X X X Extracts X X X X
..../2023-Customs dated 07.01.2023 and Board Instruction No. 23/2023-customs dated 14.07.2023 with respect to the compliance required under E-Waste Management Rules, 2022 w.e.f. 01.04.2023 and with respect to the compliance required under E-Waste Management Rules, 2022 w.e.f. 30.06.2023 and related letter from Central Pollution Control Board (CPCB) vide File No. CP-22/40/2023-WM-lll-HO-CPCB-HO dated 13.05.2024 (copy enclosed). 2. Vide above-said letter dated 13.05.2024, CPCB has informed that release of imported consignments of producers of all the notified EEE items (106 EEEs items) after taking an undertaking as per enclosed format along with the proof of submission of the said undertaking to CPCB at the email id "[email protected]. till 30.06.2024. 3. It is requested that concerned officers and Trade under your jurisdiction may be sensitized on the above communication and take appropriate action. 4. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board. 5. Hindi version follows. Encl: as above Yours faithfully, DHANANJAY SINGH Under Secretary to the Government of India Email: [email protected] ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....of our imported consignment of EEE items____ We also submit that in case of failure to submit the EPR Registration, necessary actions as per the rules may be initiated against us. We further submit that the copy of this undertaking has been submitted to the Central Pollution Control Board on [email protected]. The copy of the e-mail sent to CPCB is attached for ready reference. (Name and Signature of the Authorized Person) Designation: (Producer Company Seal) MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 2nd November 2022 G.S.R. 801(E).--Whereas the draft rules, namely the E-Waste (Management) Rules, 2022 were published by the Government of India in the Ministry of Environment, Forest and Climate Change, vide 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 contai....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nufactured product is made up of and into which it may be resolved and includes an accessory or attachment to another component; (e) 'consumables' means an item, which participates in or is required for a manufacturing process or for functioning of the electrical and electronic equipment and may or may not form part of end-product and Items which are substantially or totally consumed during a manufacturing process shall be deemed to be consumables; (f) 'dismantler' means any person or entity engaged in dismantling of used electrical and electronic equipment into their components and having authorisation from concerned State Pollution Control Board or Pollution Control Committee as per the guidelines of the Central Pollution Control Board; (g) 'disposal and treatment' 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-was....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he purposes of these rules; (t) 'producer' means any person or entity who, - (i) manufactures and offers to sell electrical and electronic equipment and their components or consumables or parts or spares under its own brand; or (ii) 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 (iii) offers to sell imported electrical and electronic equipment and their components or consumables or parts or spares; or (iv) who imports used electrical and electronic equipment; irrespective of the selling technique used such as dealer, retailer, e-retailer, etc.; (u) '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; (v) 'refurbisher' mean....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... to, - (1) register on the portal; (2) collect e-waste generated during the manufacture of any electrical and electronic equipment and ensure its recycling or disposal; (3) 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. 6. Responsibilities of the producer. - The producer of electrical and electronic equipment listed in Schedule I shall be responsible for - (1) registration on the portal; (2) 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; (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....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 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. 10. Responsibilities of State Government or Union territories. - (1) The Department of Industry in the State and Union territory or any other government agency authorised in this regard by the State Government or the Union territory, as the case may be, shall ensure earmarking or allocation of industrial space or shed for e-waste dismantling and recycling in the existing and upcoming industrial park, estate and industrial clusters. (2) Department of Labor in the State and Union territory or any other government agency authorised in this regard by 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; ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tres, dealers etc.: Provided that the extended producer responsibility shall lie entirely on the producer only. (2) The extended producer responsibility for each product shall be decided on the basis of the information provided by the producers on the portal and the individual product's life period as laid down by the Central Pollution Control Board in this regard and the targets specified in Schedule-III and Schedule-IV. (3) (i) The producer shall fulfill their extended producer responsibility through online purchase of extended producer responsibility certificate from registered recyclers only and submit it online by filing quarterly return. (ii) The details provided by producer and registered recycler shall be cross-checked on the portal. (iii) In case of any difference, the lower figure 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) T....
X X X X Extracts X X X X
X X X X Extracts X X X X
....extended producer responsibility obligation of 100 tonnes in the year 2023-2024 and he purchases recycling certificate of 60 tonnes and refurbishing certificate of 40 tonnes and the concerned item has extended life of five years due to refurbishing. In this case 60 tonnes of the extended producer responsibility of the producer shall be achieved in the year 2023-2024 itself and 75 per cent of the reaming 40 tonne i.e. 30 tonnes shall be carried over and added to the extended producer responsibility of that producer for the year 2028-2029 for that item. (iv) The extended producer responsibility obligation shall be extinguished only after end of life disposal through a registered recycler and producing extended producer responsibility certificate and not by refurbishing certificate. 15. Transaction of 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....
X X X X Extracts X X X X
X X X X Extracts X X X X
....d from provisions of sub- rule (1). (4) Every producer of applications listed in Schedule-II shall ensure that the limits of hazardous substances as given in Schedule-II are to be complied. (5) Every producer shall provide the detailed information on the constituents of the equipment and their components or consumables or parts or spares along with a declaration of conformance to the reduction of hazardous substances provisions in the product user documentation. (6) Imports or placement in the market for new electrical and electronic equipment shall be permitted only for those which are compliant to provisions of sub-rules (1) and (4). (7) Manufacture and supply of electrical and electronic equipment used for defence and other similar strategic applications shall be excluded from provisions of 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 ea....
X X X X Extracts X X X X
X X X X Extracts X X X X
....m the date on which the order is communicated to him, prefer an appeal to the Additional Secretary or Joint Secretary, Ministry of Environment, Forest and Climate Change duly nominated by the Central Government in this regard. (2) The Appellate Authority may entertain the appeal after expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 22. Environmental Compensation. - (1) The Central Pollution Control Board shall lay down guidelines for imposition and collection of environmental compensation on any entity in case of violation of any of the provision of these rules and guidelines issued hereunder and the said guidelines shall be in accordance with these rules and shall be approved by the Ministry of Environment, 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 rul....
X X X X Extracts X X X X
X X X X Extracts X X X X
..... Prosecution. - Any person, who provides incorrect information required under these rules for obtaining extended producer responsibility certificates, uses or causes to be used false or forged extended producer responsibility certificates in any manner, willfully violates the directions given under these rules or fails to cooperate in the verification and audit proceedings, may be prosecuted under section 15 of the Act, 1986 and this prosecution shall be in addition to the environmental compensation levied under rule 22. 24. Verification and Audit. - The Central Pollution Control Board by itself or through a designated agency shall verify compliance of these rules by producers, manufacturer, refurbisher, dismantlers and recyclers through random inspection and periodic audit, as deemed appropriate so as 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: - (....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lectronic Typewriters ITEW8 User terminal and Systems ITEW9 Facsimile ITEW10 Telex ITEW11 Telephones ITEW12 Pay telephones ITEW13 Cordless telephones ITEW14 Cellular telephones ITEW15 Answering System ITEW16 Products or equipment of transmitting sound, images or other information by telecommunications ITEW17 BTS (all components excluding structure of tower) ITEW18 Tablets, I-PAD ITEW19 Phablets ITEW20 Scanners ITEW21 Routers ITEW22 GPS ITEW23 UPS ITEW24 Inverter ITEW25 Modems ITEW26 Electronic data storage devices ITEW27 (ii) Consumer Electrical and Electronics and Photovoltaic Panels: Television sets (including sets based on Liquid Crystal Display 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 Oth....
X X X X Extracts X X X X
X X X X Extracts X X X X
....aws EETW2 Sewing Machines EETW3 Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials EETW4 Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses EETW5 Tools for welding, soldering, or similar use EETW6 Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substance by other means EETW7 Tools for mowing or other gardening activities EETW8 (v) Toys, Leisure and 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 ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....5mg 3. Mercury in cold cathode fluorescent lamps and external electrode fluorescent lamps (CCFL and EEFL)for special purposes not exceeding (per lamp): (a) Short length( < 500 mm):3.5mg (b) Medium length(>500 mm and<1500 mm): 5mg (c) Long length(>1500 mm): 13mg 4.(a) Mercury in other low pressure discharge lamps (per lamp): 15mg (b) Mercury in High Pressure Sodium (vapour) lamps for general lighting purposes not exceeding (per burner)in lamps with improved colour rendering index Ra > 60: (b)-I P <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 pu....
X X X X Extracts X X X X
X X X X Extracts X X X X
....used as specialty lamps for diazoprinting reprography, lithography, insect traps, photochemical and curing processes containing phosphors such as SMS ((Sr, Ba)2Mg Si2O7:Pb) (b) Lead as activator in the fluorescent powder (1% lead by weight or less) of discharge lamps when used as sun tanning lamps containing phosphors suchas BSP (Ba Si 2O5: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 in structural elements, notably in the seal frit and frit ring. 24. Lead oxide in the glass envelope of black li....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ells. 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. 2023-2024 15% of the sales figure of financial year 2021-22 2. 2024-2025 20% of the sales figure of financial year 2022-23 3. 2025-2026 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 COPRRERSPONDING DUTIES Sl. No. AUTHORITY COPRRERSPONDING DUTIES 1. Central Pollution Control Board 1. Operation and....