In this article, KNoopur Kalpeshbhai Dalal who is currently pursuing M.A. IN BUSINESS LAWS, from NUJS, Kolkata, discusses New E-Waste Management Rules, 2016 [i]

Introduction

The E-waste (Management and Handling) Rules, 2011 were notified in the year 2011 and came into force on May 1, 2012.  However to ensure effective implementation of these Rules and to define the role of the producers, the Government of India overriding the E-waste (Management and Handling) Rules, 2011 notified the New E-Waste (Management) Rules, 2016 vide G.S.R. 338(E) dated 23.03.2016 which came to force on October 10, 2016. Increased usage and dependence on Electrical devices and Electronic Equipment’s like PC’s, Laptops, Data Storage Devices, Mobile phones, Servers, Xerox Machines, Televisions, Microwaves, Refrigerators and other home electronic appliances including Heavy Air Conditioners is resulting into large quantity of E-waste day by day.

These Electronic Devices and Equipment have hazardous and toxic components, which can cause damage to public health and environment if not disposed-off properly in a scientific manner. Thus, the New E-Waste Management rules are designed to enable recovery and reuse of the useful components or materials from the Waste Electrical and Electronic Equipment (WEEE) and thus reducing the risk of wrong disposal of the hazardous waste in the environment.

Applicability of the new E-Waste Management Rules, 2016

The E-Waste (Management) Rules, 2016 are applicable to each producer, consumer, dismantler, recycler, bulk consumer and collector of E-waste involved in the sale, manufacture, purchase, processing and use of the electrical and electronic equipment or components as are specified in the schedule-1 of the said rules.

However, the said Rules shall not apply to the below mentioned products,

1. Used Leads acid batteries as governed by the Batteries (Management and Handling) Rules, 2001;
2. All the Micro entities which are governed by the Micro, Small and Medium Enterprises Development Act, 2006 ; and
3. Radio-active wastes as governed by the Atomic Energy Act, 1962.

Schedule 1 of the E-Waste Management Rules, 2016

(Categories of the electrical and electronic equipment (EEE) including their components, spares, consumables, and parts as specified in the rules)

Sr. No.	Categories of Electrical and Electronic Equipment (EEE)	EEC Code
i.	Information technology and telecommunication equipment :
	a.    Centralized data processing: Mainframes, Minicomputers,   b.    Personal Computing: Personal Computers (Central Processing Unit with input and output devices)   c.    Personal Computing: Laptop Computers (Central Processing Unit with input and output devices)   d.    Personal Computing: Notebook Computers   e.    Personal Computing: Notepad Computers   f.     Printers including cartridges   g.    Copying equipment   h.   Electrical and electronic typewriters   i.     User terminals and systems   j.     Facsimile   k.    Telex   l.     Telephones   m.  Pay telephones   n.   Cordless telephones   o.    Cellular telephones   p.    Answering systems	ITEW1   ITEW2     ITEW3     ITEW4   ITEW5   ITEW6   ITEW7   ITEW8   ITEW9   ITEW10   ITEW11   ITEW12   ITEW13   ITEW14   ITEW15   ITEW16
ii.	Consumer electrical and electronics:
	a.    Television sets (including sets based on (Liquid Crystal Display and Light Emitting Diode technology)   b.    Refrigerator   c.    Washing Machine   d.    Air-conditioners excluding centralized air conditioning plants   e.    Fluorescent and other Mercury containing lamps	CEEW1     CEEW2   CEEW3   CEEW4     CEEW5

Important Terms in the E-Waste Management Rules, 2016

1. Act[1]: Act here means the Environment (Protection) Act, 1986;
2. Bulk consumer[2]: Bulk consumer means the bulk users of Electricals and electronic equipment (EEE) like the Central or State Government Departments, any public sector undertakings, banks and financial institutions, educational centres and institutions, Multinational Organisations, partnership firms or public or private limited companies, international agencies which are governed and registered under the Factories Act, 1948 and the Companies Act, 2013 and all the health care facilities which are having turnover of more than one crore or have more than twenty employees;
3. Consumer[3]: A Consumers means any person who is using the Electrical and Electronic equipment (EEE) other than the Bulk consumers;
4. Component[4]: Components means one or any part of a self-assembly or assembly of which a manufactured product is made of and into which it can be determined and includes an accessory or attachment to another component;
5. Consumables[5]: Consumables means any item, which is required in a manufacturing process or is a part in or for the functioning of an electrical and electronic equipment (EEE) and may or may not be a part of the end-product. Any items which are totally or substantively consumed during a manufacturing process can be said to be consumables;
6. Dealer[6]: Dealer means any individual or firm who buys or receives electrical and electronic equipment (EEE) as per the Schedule 1 of these rules and their components, spares, parts and consumables from the producers for sale;
7. Disposal[7]: Disposal means any process which does not lead to recycling, reuse or recovery and includes physico-chemical or biological treatment, incineration and deposition in secured landfill;
8. End of Life[8]: End of life of a product means the time period after which the product is anticipated to be discarded by the user or consumer;
9. Electrical & Electronic Equipment
   (EEE)[9] : Electrical and Electronic equipment (EEE) means any equipment which is dependent on electric current or electro-magnetic field to function properly;
10. E-waste[10]: E-waste means electrical and electronic equipment (EEE), whole or in part discarded as waste by the consumer or bulk consumer as well as rejects from manufacturing, refurbishment and repair processes;
11. Extended Producer Responsibility[11]: Extended Producer Responsibility means responsibility of any producer of electrical or electronic equipment, for channelisation of e-waste to ensure environmentally sound management of such waste. Extended Producer Responsibility may comprise of implementing take back system or setting up of collection centres or both and having agreed arrangements with authorised dismantler or recycler either individually or collectively through a Producer Responsibility Organisation recognised by producer or producers in their Extended Producer Responsibility – Authorisation;
12. Manufacturer[12]: Manufacturer means a person or an entity or a company as defined in the Companies Act, 2013 or a factory as defined in the Factories Act, 1948 or Small and Medium Enterprises as defined in Micro, Small and Medium Enterprises Development Act, 2006, which has facilities for manufacture of electrical and electronic equipment;
13. Producer[13]: Producer means any person who, irrespective of the selling technique used such as dealer, retailer, e-retailer, etc.; (i) manufactures and offers to sell electrical and electronic equipment and their components or consumables or parts or spares under its own brand; or (ii) offers to sell under its own brand, assembled electrical and electronic equipment and their components or consumables or parts or spares produced by other manufacturers or suppliers; or (iii) offers to sell imported electrical and electronic equipment and their components or consumables or parts or spares;
14. Recycler[14]: Recycler means any person who is engaged in recycling and reprocessing of waste electrical and electronic equipment or assemblies or their components and having facilities as elaborated in the guidelines of Central Pollution Control Board

Responsibilities of the manufacturer under the E-Waste Management Rules, 2016

The Responsibilities of a Manufacturing can be pointed out as below,

1. Collection of the e-waste which is generated during the manufacture of the Electronic and electrical equipment and channelize it for disposal or recycling;
2. Apply for the authorisation of Form-1:

• In accordance with the procedures as prescribed under sub rule (2) of the rules from the concerned State Pollution Controlled Board.
• Ensuring that no damage is caused to the environment during the transport and storage of the E-waste;

1. Maintaining the records of E-waste generated, disposed and handling as per the prescribed Form-2 as may be needed for the scrutiny by the State Pollution Control Board;
2. Filing of Form-3 for filing of annual returns to the State Pollution Control Board on or before 30^th June for every financial year.

Responsibilities of the producer under the E-Waste Management Rules, 2016

The Responsibilities of a Producer can be pointed out as below for the implementation of the Extended Producers Responsibility:

1. Collecting and channelizing the e-waste from the end of life of the products as per the targets as prescribed in schedule III of the Rules;
2. Mechanism used for the authorised dismantler and the authorised recycler will be as per the Extended Producer Responsibility- Authorisation;
3. for disposal in Storage, Treatment and Disposal Facility, a pre-treatment of the E-waste is necessary to immobilize the mercury and reduce the volume of e-waste.
4. Provide the contact details such as name, email address, postal address, toll free telephone numbers/ contact numbers, or any other helpline numbers to the consumers or the bulk consumers through the website of the producer or in the product user interface (document) so as to facilitate them with the return policy of the end of life of the electrical and electronic equipment(EEE);
5. Spreading awareness through the media, newspapers, advertisements, posters or by radio or any other means of communication for the proper disposal of the electrical and electronic equipment(EEE) at the time of the end of use of the product;
6. The Extended producer responsibility should be comprising of the general scheme for the collection of the e-waste which is generated and collected from the market which was placed earlier and through dealers, Producer responsibility agencies, Collection centres, Buy-back or Exchange Schemes, etc. by channelizing to the Authorised recyclers;
7. The import of such electrical and electronic equipment (EEE) should only be allowed to the Authorised produces who have obtained the Extended Producer responsibility Authorization.
8. Maintaining the records of E-waste generated, disposed and handling as per the prescribed Form-2 as may be needed for the scrutiny by the State Pollution Control Board;
9. Filing of Form-3 for filing of annual returns to the State Pollution Control Board on or before 30^th June for every financial year.
10. Every producer of the electrical and electronic equipment(EEE) shall apply and obtain the Central Pollution Control Board (CPCB) by producing necessary details as per the Form-1 and the procedure laid down in these rules;
11. Affixes a visible and legible symbol on all the electrical and electronic equipment(EEE) or in the user manual or product manual for prevention of the disposal of the E-waste in garbage.
12. Any operations by the authorised producers out of the scope of the extended producer responsibility shall be considered to be a damage caused to the environment.

Responsibilities of the consumer or bulk consumer under the E-Waste Management Rules, 2016

1. The consumers or the Bulk consumers shall ensure that the e-waste as generated by them shall be properly channelized through the collection centres or the authorised producer or the dealers or through the recycler or through the dismantler through the authorised take back or buyback or exchange services provider of the producer to the recycler or the dismantler;
2. Bulk consumers of the electrical and electronic equipment (EEE) shall ensure that they maintain the records of E-waste generated, disposed and handling as per the prescribed Form-2;
3. The Bulk consumers or the consumers shall ensure that such end of life electrical and electronic equipment (EEE) product is not mixed with the e-waste containing radio-active material as governed by the Atomic Energy Act, 1962;
4. The Bulk Consumers are required to file Form-3 for filing of annual returns to the State Pollution Control Board on or before 30^th June for every financial year.

Responsibilities of the collection center under the E-Waste Management Rules, 2016

1. Collect the E-waste as generated by the consumer on behalf of the producer, dealers, bulk consumers and send it to the dismantler or recycler for recycling.;
2. Ensure that all the policies, guidelines and standards as per the Central Pollution control Board are followed properly from time to time;
3. Ensure that no damage or harm is caused to the environment while dismantling or recycling of the E-waste;
4. Maintain the records of E-waste generated, disposed and handling as per the prescribed Form-2;

Responsibilities of the dismantler under the E-Waste Management Rules, 2016

1. Ensure that the procedure for the dismantling of the E-waste is made as per the standards and Guidelines as provided by the Central Pollution Control Board;
2. Obtain necessary authorisation from the State Pollution Control Board for the said dismantling process;
3. Ensure that no harm or damage is caused to the environment during the transport and storage of the E-waste;
4. Ensure that the non-recyclable and non-recoverable consumables and components are sent to proper authorised centres for storage and disposal facilities;
5. Maintenance of the records of E-waste generated, disposed and handling as per the prescribed Form-2;
6. File Form-3 for filing of annual returns to the State Pollution Control Board on or before 30^th June for every financial year.
7. Operation without Authorisation from the State Pollution Control board shall be considered to be harmful to the environment;
8. Ensure the security and registration and recognition of the workers working at the dismantling centres.
9. Undertake proper maintenance of the health and safety measures for the workers working at the dismantling centres.

Responsibilities of the recycler under the E-Waste Management Rules, 2016

1. Ensure that the procedure for the recycling of the E-waste is made as per the standards and Guidelines as provided by the Central Pollution Control Board;
2. Obtain necessary authorisation from the State Pollution Control Board for the said recycling process;
3. Ensure that no harm or damage is caused to the environment during the transport and storage of the E-waste;
4. Ensure that there is no adverse effect to the environment during the recycling process of the E-waste;
5. Maintenance of the records of E-waste generated, disposed and handling as per the prescribed Form-2;
6. File Form-3 for filing of annual returns to the State Pollution Control Board on or before 30^th June for every financial year.
7. Operation without Authorisation from the State Pollution Control board shall be considered to be harmful to the environment;
8. Ensure the security and registration and recognition of the workers working at the recycling centres.
9. Undertake proper maintenance of the health and safety measures for the workers working at the recycling centres.

Responsibilities of the state government for the management of waste under the E-Waste Management Rules, 2016

1. Any Government agency as appointed by the State Government shall ensure the proper allocation of the industrial space for the dismantling and recycling of the E-waste generated by the use of Electrical and Electronic Equipment (EEE);
2. Department of Labour shall ensure that the agencies carrying on the dismantling and recycling work are undertaking the below mentioned preconditions:
3. Ensure the security and registration and recognition of the workers working at the recycling centres.
4. Undertake proper maintenance of the health and safety measures for the workers working at the recycling centres.
5. Undertake Industrial Skill development activities;
6. Assist in formation of labour groups of such workers who are setting up such dismantling or recycling
7. Preparation of an Implementation plan for the effective implementation of the E-waste Management Rules, 2016 and reporting to the Ministry of Environment and Forest Climate Change Board.

Schedule–III of the E-Waste Management Rules, 2016

Targets for Extended Producer Responsibility – Authorisation

Conclusion-What’s new in the E-Waste Management Rules, 2016

The new E-waste management rules have come up with certain provisions which are beneficial to the overall health and well-being of the population and Environment.

Certain important points can be noted as below:

1. Provisions with regard to the Dealer, Manufacture and the producer responsibility have been introduced and organizations have been set up for them as the additional stakeholders in the said rules;
2. Mercury and other Compact Fluorescent Lamps have been brought up to the purview of these rules;
3. The applicability of the rules is extended to the consumables, spares, parts and components of Electrical and Electronic Equipments along with the Equipments as stated in Schedule 1 of the Rules;
4. Collection centres and points have been established for the collection mechanism to take back the e-waste as per the Extended Producer Responsibility;
5. Options for Buyback and Deposit refund scheme and the e-waste exchange scheme and various other options are made available for the Effective implementation of the Extended Producers Responsibility to ensuring effective dismantling and recycling of the E-waste;
6. Provisions for the authorisation of the Extended Producers Responsibilities is introduced by the Central Pollution Control Board instead of PAN India Extended Producers Responsibility Authorisation;
7. Targets are set up for the Collection and channelizing of the E-waste as per the prescribed phases in Schedule –III of the Rules;
8. Deposit Refund Scheme is introduced wherein the producer charges an additional amount as a deposit at the time of the sale of the electrical and electronic equipment (EEE) and the same is refunded to the consumer along with interest when the end-of life electrical and electronic equipment (EEE) is returned to the producer thus increasing the consumer interest in recycling the end-of life electrical and electronic equipment (EEE) in a proper manner;
9. The manufacturer is also made responsible to collect e-waste generated during the manufacture of any electrical and electronic equipment (EEE) and channelize the same for recycling or disposal and seek authorization from State Pollution Control Board.
10. The dealeris also made responsible for collection of the E-waste on behalf of the producer by providing the consumer a box and send it to Producer for disposal.
11. The roles of the State and Central Government have also been introduced for the effective implantation of the E-waste Management Rules, 2016.

References:

[1] Act as defined in the E-waste (Management) Rules, 2016

[2] Bulk Consumer as defined in the E-waste (Management) Rules, 2016

[3] Consumer as defined in the E-waste (Management) Rules, 2016

[4] Component as defined in the E-waste (Management) Rules, 2016

[5] Consumables as defined in the E-waste (Management) Rules, 2016

[6] Dealer as defined in the E-waste (Management) Rules, 2016

[7] Disposal as defined in the E-waste (Management) Rules, 2016

[8] End of Life as defined in the E-waste (Management) Rules, 2016

[9] EEE as defined in the E-waste (Management) Rules, 2016

[10] E-waste as defined in the E-waste (Management) Rules, 2016

[11] Extended Producer Responsibility as defined in the E-waste (Management) Rules, 2016

[12] Manufacturer as defined in the E-waste (Management) Rules, 2016

[13] Producer as defined in the E-waste (Management) Rules, 2016

[14] Recycler as defined in the E-waste (Management) Rules, 2016

[i] Reference from the E-waste (Management) Rules, 2016, the E-waste (Management and Handling) Rules, 2011 and the Environment Protection Act, 1986 has been taken for preparation  of this document.