By Apalka Bareja and Shantam Sharma
Background
In a pivotal move to formalize and strengthen the e-waste recycling sector, the Government, having recognized the evolving challenges, introduced the E-Waste (Management) Rules, 2022[1]. This marked a significant update to the E-Waste (Management) Rules, 2016, which had provided the initial framework for the industry.
Effectively implemented from April 1, 2023, the new rules heralded an era of Extended Producer Responsibility (EPR) for e-waste recycling, revolutionizing the roles of manufacturers, producers, recyclers, and refurbishers in the e-waste ecosystem.
NEW DEVELOPMENT
1. Registration Deadline:[2]
Producers, manufacturers, recyclers, and refurbishers are required to register on the online portal available at https://eprewastecpcb.in/. developed by CPCB. The deadline for registration is December 31, 2023.
2. Exemption Criteria:[3]
CPCB, vide its December 28, 2023 notification, clarified that the following entities shall not register as Producer who are engaged in:
• Import of Electrical and Electronic Equipment (including their components, consumables, parts and spare) [EEE] not listed in Schedule 1 of E-Waste (Management) Rules, 2022 are not required to register on the Portal.
• Import of EEE listed in Schedule 1 of E-Waste (Management) Rules, 2022 for selling to producers already registered on EPR-Web portal, for self-use (not for sale) and for captive consumption for manufacturing and selling to Producers already registered on EPR- Web Portal: Such entities will, nonetheless, submit the following documents to the Customs/Port Authorities.
– Copy of agreements with Registered Producers for whom the consignment is being Imported
– Copy of EPR Registration Certificate of the Producer(s) for whom the consignment is being imported
– Letter from Registered Producers that Importer is importing on behalf of the said Registered Producer.
– Self-declaration that imported EEE items shall be sold to registered Producers only and shall not be sold to any individual/consumer/ bulk consumer.
3. Import of EEE as consumers or Bulk Consumers for self or captive use, provided that the Consumer or Bulk consumer submits Self-Declaration to Customs/Port Authorities on its letter head that EEE items being imported are intended only for self or captive use and not for sale (as per format attached) along with a proof that they have submitted copy of the self-declaration to CPCB also via the email.
[1] Available at: https://cpcb.nic.in/uploads/Projects/E-Waste/e-waste_rules_2022.pdf
[2] Available at https://cpcb.nic.in/openpdffile.php?id=TGF0ZXN0RmlsZS8zOTdfMTcwMzI0ODc1Nl9tZWRpYXBob3RvMjk4NDcucGRm
[3] Available at https://cpcb.nic.in/openpdffile.php?id=TGF0ZXN0RmlsZS8zOThfMTcwMzgyNDIzNV9tZWRpYXBob3RvOTI0LnBkZg==
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