India’s Central Pollution Control Board issues guidance and clarifications on E-Waste Management

Important clarification issued by India’s Central Pollution Control Board (CPCB) under E-waste Management Rules, 2022 for the importers of Electrical and Electronic Equipment (EEE) who are not required to comply with Extended Producer Responsibility (EPR) requirements.

India’s Central Pollution Control Board has issued a clarification under E-waste Management Rules, 2022 (EWM Rules) identifying importers of Electrical and Electronic Equipment (EEE) who are not required to be registered as Producers under EWM Rules and therefore do not need to fulfil Extended Producer Responsibility (EPR) obligations. Such producers are required to submit certain documents to Customs/Port authorities as a proof of submission of those documents to CPCB.

List of Producers that are not required to be registered are as follows:

1. Producers that are engaged in import of Electrical and Electronic Equipment (EEE) including their consumables, components and spare parts which are not listed in Schedule 1 of the EWM Rules.

2. Producers that are engaged in import of Electrical and Electronic Equipment (EEE) including their consumables, components and spare parts which are listed in Schedule 1 of the EWM but are imported exclusively for the purpose of

a. selling to Producers that are already registered on the E-waste portal.
b. Self-use (Not for sale purpose)
c. Captive consumption for manufacturing and selling to producers already registered on EPR portal.

3. Consumers or bulk consumers who import EEE for self use and captive consumption are required to submit a self-declaration to Customs/Port authorities and submit copy of submitted self-declaration to Central Pollution Control Board.
Source: bit.ly/42kj9Bq

Important clarifications issued by Central Pollution Control Board w.r.t. Extended Producer Responsibility (EPR) compliances under E-waste Management Rules, 2022.

India’s Central Pollution Control Board (CPCB) has released certain notices and guidance document under E-Waste (Management) Rules, 2022 which have a significant impact on EPR obligations. A summary of these notices and guidance is reproduced below:

1. A fee structure has been introduced for the first time for registration of Recyclers, Refurbishers & Manufacturer, and annual maintenance charges have been prescribed for all registered stakeholders.

2. A new set of Frequently Asked Questions (FAQs) have been released which provide insights on sound management of E-waste, registration on E-Waste EPR Portal and fulfillment of EPR obligations.

3. Producers of E-waste will now have to first raise a purchase demand on registered Recycler or Refurbisher to purchase EPR certificate as per the recycling or refurbishing targets given by CPCB, without which the registered Recyclers or Refurbishers will not be able to transfer EPR credits to the Producers on the online EPR portal. Producers will not be able to meet EPR target for the FY 2023- 2024 if purchase demand is not raised.

4. All the registered Recyclers have been directed to recycle the e-waste available with them and generate EPR certificates for subsequent sales to Producers. All registered Recyclers have also been directed to transfer credits to Producers whenever purchase demand has been raised by the Producers, and not hold onto EPR credits.

5. Producers have been directed to fulfill their E-waste EPR obligations by purchasing EPR certificates for the FY 2023-2024 by 31st March, 2024.

6. Producers have been directed to submit their Annual and Quarterly returns by 31st April, 2024 for FY 2023-2024 as stipulated in the E-waste Management Rules, 2022.

Important Links
1. FAQ for E-waste: bit.ly/3HHuiCU
2. Fee Structure for registration for Recyclers: bit.ly/3SpMBkS
3. Notice for Producers: bit.ly/48XXFwK
4. Notice for Recyclers: bit.ly/48XhbJK