Salient Features of the E-Waste (Management) Rules, 2016 and its likely implication

e-waste (Management &Handling) Rules, 2011

E-Waste (Management) Rules, 2016 Reasons /and Likely implications

Title

e-waste (Management &Handling) Rules, 2011

E-Waste (Management) Rules, 2016

Applicability

Producer, consumer orbulk consumer, collectioncentre, dismantler andrecycler

expanded to manufacturer, dealer,refurbisher and Producer ResponsibilityOrganization (PRO)

to address leakage of e-waste to informalsector at all the stages of channelization.

Only to Electrical andElectronic Equipment(EEE) as listed inSchedule I

Extended to components, consumables,spares and parts of EEE in addition toequipment as listed in Schedule I

Bulk of e-waste comprises of components,consumables, spares and parts of EEEwhich were not getting addressed inprevious rules entailing to the scope oftheir channelization to informal sector.

Compact Fluorescent Lamp (CFL) and othermercury containing lamp brought under thepurview of rules.

Taking into account the lack of anyregulation for management of CFL andother mercury containing lamp, CFL hasbeen included in Schedule I which providethe list of EEE to which this rules isapplicable.

Exemption

Micro and Small industrysector as defined in MicroSmall and MediumDevelopmental Act, 2006

Micro enterprises as defined in the Micro,Small and Medium Enterprises DevelopmentAct, 2006

Exemption continues for micro enterprises;however small enterprises, which havebeen referred as one of the major source ofgeneration of e-waste, have been includedin the rules for responsibility asmanufacturer, without burdening themwith EPR responsibility as applicable toProducers.

Collection Mechanism

Collection Centers can beset up by producer or byany person or agency orassociation for thepurpose of collecting e-waste.

Separate authorizationfrom SPCBs for setting upof such collection centreswas necessary.

Collection is now exclusively Producer’sresponsibility, which can set up collectioncentre or point or even can arrange buy backmechanism for such collection.

No separate authorization for such collectionwill be required, which will be indicated inthe EPR Plan of Producers.

The rules provide for setting up ofindividual collection centres which were notnecessitated as part of EPR Authorization,thus giving leeway to Producers for notsetting up such collection centres.

Shift from collection centre to collectionmechanism approach and removal of needof separate authorization will ensureeffective collection simultaneously ensuringflexibility for Producers for implementation.This will check leakage of flow of e-waste tounauthorised players.

Extended Producer Responsibility (EPR)

The Producers arerequired to obtainauthorization fromSPCB/PCCs forimplementing their

Single EPR Authorization for Producers isnow being made CPCB‘s responsibility toensure pan India implementation.

Procedure for seeking the authorization and

Need for separate EPR authorization fromeach state lead to significant delays andthus failure in implementation of EPR

There had been significant lack of

Extended ProducerResponsibility for effectivechannelization of E-wasteto the registereddismantlers/recyclers

for effective implementation has now beenelaborated with various kind of flexibilitiesprovisions

initiatives from Producers wrtimplementation of EPR and for capacitybuilding and awareness initiatives, thoughmandated in the rules due to lack ofelaborate procedure for the same in therules which has now been elaborated step-wise.

Flexibility for ease of implementation of EPR

No provisions Option has been given for setting up of PRO,e-waste exchange, e-retailer, DepositRefund Scheme as additional channel forimplementation of EPR by Producers toensure efficient channelization of e-waste;

These are various non- mandatory optionsfor ease of implementation of EPR

Target based approach for collection under EPR

No such provision Collection and channelisation of e-waste inExtended Producer Responsibility -Authorisation shall be in line with thetargets prescribed in Schedule III of theRules.

The phase wise Collection Target for e-waste,which can be either in number or Weightshall be 30% of the quantity of wastegeneration as indicated in EPR Plan duringfirst two year of implementation of rulesfollowed by 40% during third and fourth

Target based approach for implementationof EPR has been adopted on the basis ofexisting international best practices whichindicate higher success rate forimplementation of EPR in those countrieshaving target based EPR mechanism.Target based approach (Minimum) is beingused in many countries like Japan(redcycling rate 50% to 60%), South Korea(Recyxcling rate 55% to 70%), UK(Recycling and recocvery rate 50% to 80%)and Netherlands (recycling rates 45% to75%).

years, 50% during fifth and sixth years and70% during seventh year onwards. As it may be noted in all these countries

target is with reference to successfulrecycling rate, whereas in India we havejust began with adoption of successfulcollection rate to begin with. Further, theminimum target has been 45-55%internationally. Whereas, in India in orderto gain experience the target has been keptas collection rate of 30% of the total e-waste generated as per the EPR plansubmitted by Producer themselves.In order to ascertain the annual quantity ofwaste generated, category wise average lifeand the weight shall be used and this willbe applied tom sales figure of the producersto arrive at the quantity of e-wastegeneration. All the details will be prescribedin the CPCB guidelines.

Simplification of Permissions

Authorization forcollection centre

Dismantler and Recyclersto obtain Authorizationand Registration,separately.

Separate EPR

No separate authorization for collectioncentre which shall be part of EPR now

Registration/ authorization for dismantlingand recycling through one system i.e.Authorization instead of both registrationand authorisation.

Pan India EPR authorization by CPCB

Simplification of various permissions toavoid delays.

authorization by all thestates

Economic Instrument for implementation of the rules

No specific citation Deposit Refund Scheme has been introducedas an additional economic instrumentwherein the producer charges an additionalamount as a deposit at the time of sale ofthe electrical and electronic equipment andreturns it to the consumer along withinterest when the end-of-life electrical andelectronic equipment is returned;

An optional financial mechanism foreffective implementation of EPR

E-waste exchange

No specific citation The e-waste exchange as an option has beenprovided in the rules.

The e-waste exchange as an option hasbeen provided in the rules as anindependent market instrument offeringassistance or independent electronicsystems offering services for sale andpurchase of e-waste generated from end-of-life electrical and electronic equipmentbetween agencies or organizationsauthorised under these rules

Responsibilities of Manufacturer

No provision To collect e-waste generated during themanufacture of any electrical and electronicequipment and channelise it for recycling ordisposal and seek authorization from SPCB;

To check the leakage to informal sector.

Responsibilities of dealers

No provision in the case the dealer has been given theresponsibility of collection on behalf of theproducer, the dealer shall collect the e-wasteby providing the consumer a box

Dealer or retailer or e-retailer shall refundthe amount as per take back system orDeposit Refund Scheme of the producer tothe depositor of e-waste

This will provide flexibility to producer forchannelization and ensure ease ofimplementation by consumers fordepositing the e-waste at end of life.

Responsibilities of the refurbisher

No provision collect e-waste generated during the processof refurbishing and channelise the waste toauthorised dismantler or recycler throughits collection centre and seek one timeauthorization from SPCB;

To check the leakage to informal sector.

Obligations for Bulk Consumer

'bulk consumer' meansbulk users of electricaland electronic equipmentsuch as CentralGovernment or StateGovernmentDepartments, publicsector undertakings,

Bulk Consumer is being redefined by adding‘and health care facilities which haveturnover of more than one crore or havemore than twenty employees’

They need to file annual returns.

To bring clarity in respect of definition andto put obligations on bulk consumers whoare major generators and whosecompliance was non satisfactory due tolack of any concrete obligation onreporting.

banks, educationalinstitutions,multinationalorganisations,international agencies,partnership and public orprivate companies thatare registered under theFactories Act, 1948 (63 of1948) and the CompaniesAct, 2013 (18 of 2013)

No provision on annualreturnResponsibility of State Government

No provision The roles of the State Government has beenalso introduced in the Rules in order toensure safety, health and skill developmentof the workers involved in the dismantlingand recycling operations. Theseresponsibilities are as given below:

(i) Department of Industry in State orany other government agencyauthorised in this regard by theState Government is to ensureearmarking or allocation ofindustrial space or shed for e-wastedismantling and recycling in theexisting and upcoming industrial

Involvement of state government foreffective implantation of the rules andsimultaneously ensure welfare, safety andhealth of the workers involved in this e-waste management sector.

park, estate and industrial clusters;(ii) Department of Labour in the State or

any other government agencyauthorised in this regard by theState Government need to ensurerecognition and registration ofworkers involved in dismantling andrecycling; assist formation of groupsof such workers to facilitate settingup dismantling facilities; undertakeindustrial skill developmentactivities for the workers involved indismantling and recycling; andundertake annual monitoring andto ensure safety & health of workersinvolved in dismantling andrecycling;

(iii) State Government to prepareintegrated plan for effectiveimplementation of these provisions,and to submit annual report toMinistry of Environment, Forest andClimate Change.

Reduction of Hazardous Substances (RoHS) during manufacturingstage

Every producer ofelectrical and electronicequipment and their

The procedure for implementation of ROHShas been elaborated and made explicit

For effective implementation

components orconsumables or parts orspares listed in ScheduleI shall ensure that, newElectrical and ElectronicEquipment and theircomponents orconsumables or parts orspares do not containLead, Mercury, Cadmium,Hexavalent Chromium,polybrominated biphenylsand polybrominateddiphenyl ethers beyond amaximum concentrationvalue of 0.1% by weightin homogenous materialsfor lead, mercury,hexavalent chromium,polybrominated biphenylsand polybrominateddiphenyl ethers and of0.01% by weight inhomogenous materials forcadmium.

Provision on Reduction of HazardousSubstances (RoHS) and related Schedule IIhas been revised in line with existing EUregulatory framework which forms the basisof the provision.

In case the products not comply with theRoHS provision, provision has beenintroduced to withdraw or recall the productfrom market and take corrective measures tobring the product into compliance;

In line with existing international bestpractices.

Stringent compliance mechanism

Transportation of e-wasteNo provision The transportation of e-waste shall be

carried out as per the manifest systemwhereby the transporter shall be required to

To prevent leakage of e-waste to informalsector during transportation

carry a document (three copies) prepared bythe sender, giving the details as per Form-6:

Liability provision

No provision Liability for damages caused to theenvironment or third party due to impropermanagement of e-waste including provisionfor levying financial penalty for violation ofprovisions of the Rules has also beenintroduced.

For effective implementation

Responsibility of Urban Local Bodies

No specific citation Urban Local Bodies (MunicipalCommittee/Council/Corporation) has beenassign the duty to collect and channelizedthe orphan products to authorizeddismantler or recycler.

To bring clarity in the rules for effectiveimplementation and prevent leakage toinformal sector

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