Ministry of Environment, Forest and Climate Change issues draft E- Waste (Management) Amendment Rules, 2017

Ministry of Environment, Forest and Climate Change issues draft E- Waste (Management) Amendment Rules, 2017

November 16, 2017 EHS 0

The Ministry of Environment, Forest and Climate Change (“Ministry”), has issued the draft E- Waste (Management) Amendment Rules, 2017 (‘amendment rule’), vide notification dated 30th October, 2017 with a view to further amend the E-Waste (Management) Rules, 2016 (‘Principal Rule’).

The Ministry has invited objections or suggestions on the proposals contained in the draft amendments in writing to be sent to the Secretary, Ministry of Environment, Forest and Climate Change, Indira Paryavaran Bhawan, Jor bagh Road, New Delhi- 110 003 or electronically at e-mail addressed to: m.gangeya@gov.in and sonu.singh@nic.in, within a period of sixty days starting 30th October, 2017.

The key implications of the draft amendment are as follows:

Pre-Amendment Post-Amendment Implications
 

Rule 13. Extended Producer Responsibility – Authorisation of Producers

 

(i) every producer of electrical and electronic equipment listed in Schedule I, shall make an application for Extended Producer Responsibility – Authorisation within a period of ninety days starting from the date of these rules coming into force in Form-1 to Central Pollution Control Board

 

Rule 13. Extended Producer Responsibility – Authorisation of Producers

 

(i) Every producer of electrical and electronic equipment listed in Schedule I, shall make an application for Extended Producer Responsibility – Authorisation in Form-1 to Central Pollution Control Board. Targets as set by CPCB will be applicable from 1st October 2017;”

 

 

 

 

 

In view of the amendment every producer of the electrical and electronic equipment listed in Schedule I, have to abide by the targets as set by the CPCB as on 1st October, 2017.

 

However, the mode of application for every producer of electrical and electronic equipment listed in schedule I remains the same.

 

Rule 13.(xii)

 

Not Present

Addition of Rule 13(xii)

 

Procedure for Seeking and Grant of Authorisation:

 

Every producer placing their product in market shall be liable to obtain EPR authorization from CPCB. In case the producer has started operations recently i.e. number of years of operation is less than average life of their products, the EPR target as per Schedule- III (B) shall be applicable. These targets shall be applicable from financial year 2018-19. When the products average life is achieved, e-waste already collected by producers in earlier years will be accounted for and suitable set offs shall be provided for the corresponding years at the time of fixing targets as per Schedule-III.”

 

 

In view of the amendment every producer in the market has to obtain EPR authorisation from the CPCB.

 

A producer who has recently started their operations and the number of years of operation is less than the average life of the products, in that case the EPR Target as per Schedule- III (B) will be applicable from financial year 2018-19.

 

Set offs will be provided to the Producers for the corresponding years while fixing targets as per Schedule-III after products average life has been achieved. The targets will be set taking into consideration the e-waste already collected by producers in the earlier years.

Rule 13(xiii)

 

Not Present

Addition of Rule 13(xiii)

 

Procedure for Seeking and Grant of Authorisation:

 

In case of transfer/sale of assets by the producers the liability under EPR shall also be transferred to the buyer.

 

 

 

 

In view of the amendment, the liability under EPR has to be transferred to the buyer in case of any transfer/sale of assets by the producers.

Rule 16 (9)

 

Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares:

 

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. The random sampling shall be as per the guidelines of Central Pollution Control Board.

Rule 16 (9)

 

Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares:

 

Central Pollution Control Board may 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 government for conducting the RoHS test. The procedure of random sampling and tolerance level value of RoHS test shall be as per the guidelines of Central Pollution Control Board.”

 

 

 

 

 

 

 

 

 

The draft amendment has transferred the burden of cost for random sampling of electrical and electronic equipment, from the producer to the Government.

 

This random check is done in order to monitor and verify the compliance of Reduction of Hazardous Substances provisions.

For a further read of the draft amendment please follow the link below.

Source: E-Gazette

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