May 18, 2023 [Taxguru.com]

By Anshul Mittal, Partner at RSA Legal Solutions

Introduction:

With the increasing use of electrical and electronic equipment (EEE), the proper management of electronic waste (e-waste) has become a pressing concern. In response to this challenge, the Ministry of Environment, Forest, and Climate Change (MoEF&CC) in India has introduced the E-Waste (Management) Rules, 2022. These rules, which came into effect on April 1, 2023, aim to promote environmentally sound e-waste management and encourage a circular economy through Extended Producer Responsibility (EPR). This article provides an overview of the E-Waste (M) Rules 2022 and highlights the key aspects of the extended producer responsibility framework and the registration process.

Extended Producer Responsibility (EPR) Framework:

The E-Waste (M) Rules 2022 establish an EPR framework for the implementation of these rules. The framework includes four types of entities: manufacturers, producers, refurbishers, and recyclers. These entities are required to register on the online portal developed by the Central Pollution Control Board (CPCB) specifically for these rules. Each entity must register under the appropriate category, and conducting business without registration is strictly prohibited. Furthermore, registered entities must not engage with unregistered manufacturers, producers, recyclers, or refurbishers.

Producer’s Registration and EPR Obligation:

According to Rule 3 (t) of the E-Waste (M) Rules 2022, producers are defined as individuals or entities involved in the manufacturing, selling, or importing of electrical and electronic equipment. Producers can be manufacturers selling their own branded products, entities selling products assembled by other manufacturers or suppliers under their own brand, importers of electrical and electronic equipment, or importers of used electrical and electronic equipment. Producers of the specified electrical and electronic equipment must register themselves on the portal established by the CPCB. They are also required to obtain extended producer responsibility targets through the portal as applicable to them.

All producers falling within the scope of the E-Waste (Management) Rules 2022 must register themselves on the designated portal. Even producers who have already obtained EPR authorization under the previous E-Waste (M) Rules 2016, whether through offline or online mode, must re-register on the portal. However, producers who have already applied through the existing portal are exempt from registration and will be issued a registration certificate by the CPCB.

Registration Process for Producers on the Portal:

1. The registration process for producers is exclusively online, and physical applications are not be accepted.

2. Producers must submit their applications, along with the required information, data, and documents very carefully to avoid any notices.

3. The registration certificate issued to producers will be valid for five years from the date of issuance.

4. Producers seeking to renew their registration certificate must apply on the portal 120 days before the expiry date.

5. During the registration process, producers must provide their basic information and details of the electrical and electronic equipment placed in the market, categorized by weight and financial year. This information is very crucial in determining the EPR obligations.

6. Producers must also submit self-declarations regarding compliance with the Restriction of Hazardous Substances (RoHS) provisions and the availability of documents as per EN 50581. Additionally, they must provide details of the awareness plan they intend to carry out as per Rule 6(3) of the rules.

7. Upon receipt of the application on the portal, officials from the concerned division of the CPCB will review and verify the information, data, documents, and declarations. If the application is complete, it will be processed and submitted to the Competent Authority, CPCB, for the grant of registration.

8. Once the Competent Authority approves the grant of registration, the Registration Certificate will be issued to the producer through the portal. The certificate will contain the Registration Number and a list of the electrical and electronic equipment along with their corresponding EPR obligations.

9. The Registration Certificate will be communicated to the producer through the portal.

In case of an incomplete application, the producer will be notified of the shortcomings within 25 working days of the application submission. The producer is then required to respond within 7 working days through the portal. Once the reply is received, the application will be processed accordingly.

The registration process consists of two parts: Part A and Part B. Part A involves the submission of basic information and details of the electrical and electronic equipment placed in the market, while Part B focuses on self-declarations, compliance with RoHS provisions, availability of documents, and the awareness plan.

Conclusion:

The implementation of the E-Waste (Management) Rules 2022 in India signifies a significant step towards the proper management of e-waste and the promotion of a circular economy. The introduction of the extended producer responsibility framework emphasizes the accountability of manufacturers, producers, refurbishers, and recyclers in managing the life cycle of electrical and electronic equipment. The registration process, carried out through the designated portal, ensures that all relevant entities comply with the rules and actively contribute to sustainable e-waste management practices.

By enforcing these regulations and promoting environmentally sound practices, India is taking a proactive approach to tackle the growing challenge of e-waste. It is essential for all stakeholders, including producers, manufacturers, refurbishers, recyclers, and consumers, to actively participate in the effective implementation of the E-Waste (Management) Rules 2022 to create a sustainable and responsible approach towards e-waste management in the country.

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For more information on the subject the author can be contacted at anshul@rsalegalsolutions.com