Environment Ministry notifies the E-Waste (Management) Rules, 2022; effective 1st April 2023
the Ministry of Environment, Forest and Climate Change, in a recent Gazette Notification has notified the E-Waste (Management) Rules, 2022 (“Rules”) in supersession of the E-waste (Management) Rules, 2016. The Rules will gain effect from 1st April, 2023.
Key Highlights:
1. Applicability – The Rules are applicable to every manufacturer, producer, refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical and electronic equipment listed out in the Schedule of the Rules, including their components, consumables, parts and spares which make the product operational but will not apply to the following:
a. waste batteries as covered under the Battery Waste Management Rules, 2022;
b. packaging plastics as covered under the Plastic Waste Management Rules, 2016;
c. micro enterprise as defined in the Micro, Small and Medium Enterprises Development Act, 2006 and
d. radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 rules made under the same.
2. Definition of ‘Bulk Consumer’ – The Rules revised the definition of Bulk Consumer as any entity which has used at least 1000 electrical and electronic equipment listed in Schedule I, at any point of time in the particular Financial Year and will include e-retailer as well. Previously, the definition of bulk consumer includes bulk users of electrical and electronic equipment such as Central Government or State Government Departments, public sector undertakings, banks, educational institutions, multinational organizations, international agencies, partnership and public or private companies that are registered under the Factories Act, 1948 and the Companies Act, 2013 and health care facilities which have turnover of more than one crore or have more than twenty employees.
3. Extended Producer Responsibility Framework (“EPR”) – The Rules have illustrated in detail the EPR framework and has included provisions relating to the generation and transactions of the EPR certificates, the manner in which EPR must be carried out by the Producers, etc.
4. Provisions with regard to storage of E-Waste – As per the Rules, every manufacturer, producer, refurbisher and recycler may store the e-waste for a period not exceeding 180 days and are required to maintain a record of sale, transfer and storage of e-wastes and make these records available for inspection. Also, the storage of the e-waste is required to be done in accordance with the extant rules or guidelines.
5. Management of solar photo-voltaic modules or panels or cells – A new chapter has been included in the Rules which prescribes the manner in which solar photo-voltaic modules or panels or cells are required to be stored and processed, the registration that needs to be obtained by a manufacturer or producer dealing with the same, filing of annual returns, etc.
6. Environmental Compensation – The Central Pollution Control Board will levy Environmental Compensation (“EC”) in case of violation of any provision made under the Rules and the funds collected under such EC will be utilized in collection and recycling or end of life disposal of uncollected, historical, orphaned e-waste and non-recycled or non-end of life disposal of e-waste on which the environment compensation is levied, research and development, incentivising recyclers, financial assistance to local bodies for managing waste management projects and on other heads as decided by the competent authorities.
7. Schedules under the Rules – The number of items to which the Rules would extend has been significantly expanded and have been included in the Schedule appended to the Rules.
A Copy of the Notification has been linked below for your ease of reference.
