Revised E waste Management Rules 2022 will Come into Effect from April 2023

·         Implementation of E-Waste (Management) Rules, 2022 in supersession of E-Waste (Management) Rules, 2016

·         New rules will launch a modified Extended Producer Responsibility (EPR) regime according to the needs of the current scenario. These rules focus completely on a market-based model and the procedures to be on line and seam less.

·         Port and Custom Authority has to take necessary action inter-alia to verify the import or export with respect to Extended Producer Responsibility.

·         Infom the Ministry and Central Pollution Control Board of any illegal traffic and take action against importer for violations under the Indian Ports Act, 1908 or the Customs Act. 1962 etc.

·         The duties and responsibilities of the Port and Custom Authority are prescribed in Schedule-V of the said rules.

·         These rules shall apply to every manufacturer, producer refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational but shall not apply to-

(a) waste batteries as covered under the Battery Waste Management Rules, 2022;

(b) packaging plastics as covered under the Plastic Waste Management Rules, 2016;

(c) micro enterprise as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and

(d) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made there under.

[CBIC Instruction No.1/2023 dated 7 January 2023]

F.No. 401/03/2023-Cus-III

Subject: - Implementation of E-Waste (Management) Rules, 2022 in supersession of E-Waste (Management) Rules, 2016

Reference is invited to D.O. No. 12/136/2021-HSM dated 05.12.2022 received from the Ministry of Environment, Forest and Climate Change, New Delhi on the above-mentioned subject (copy enclosed).

2. Vide this D.O. dated 05.12.2022, it has been informed that the Ministry of Environment, Forest and Climate Change has notified the E-Waste (Management) Rules, 2022 in supersession of E­ Waste (Management) Rules, 2016 vide notification dated 02.11.2022 (Copy enclosed) and these shall come in to force from 01.04.2023. New rules have introduced the concept of a modified Extended Producer Responsibility (EPR) and focus completely on a market based model and for procedures to be online and seamless.

3.   It is also stated that Port and Custom Authorities have to take necessary action inter-alia to verify the import or export with respect to Extended Producer Responsibility, to Inform the Ministry and Central Pollution Control Board of any illegal traffic and take action against importer for violations under the Indian Ports Act, 1908 or the Customs Act, 1962. The duties and responsibilities of Port and Customs are prescribed in Schedule-V of the said rules.

4.   It is requested that necessary action may be taken to sensitize officers under your jurisdiction about the duties and responsibilities cast upon them under these rules.

5.   The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board.

[Ministry of Environment, Forest and Climate Change D.O. No.12/136/2021-HSM dated 5th December, 2022

As you may be aware that Ministry has notified the E-Waste (Management) Rules, 2022 in supersession of the £-waste (Management) Rules. 2016 vide notification dated 2nd November, 2022. These rules shall come in to force from 1st April. 2023. Copy of notification is enclosed for kind reference.

2. The E-Waste (Management) Rules, 2022 is a transformative step towards implementation of the announcement made by the Hon'ble Prime Minister in his address to the Nation on Independence Day on 15th August. 2021 to promote Circular Economy in full earnest. New rules will launch a modified Extended Producer Responsibility (EPR) regime according to the needs of the current scenario. These rules focus completely on a market based model and the procedures to be on line and seam less.

3. In this regard, I would like to inform you that for implementation of the aforesaid notification, Port and Custom Authority has to take necessary action inter-alia to verify the import or export with respect to Extended Producer Responsibility. Infom1 the Ministry and Central Pollution Control Board of any illegal traffic and take action against importer for violations under the Indian Ports Act, 1908 or the Customs Act. 1962 etc. The duties and responsibilities of the Port and Custom Authority are prescribed in Schedule-V of the said rules.

4. In view of above. it is requested to kindly look into the matter and direct the concerned officers(s) to initiate the action on above points at the earliest.

[Ministry of Environment, Forest and Climate Change Notification G.S.R. 801(E). Dated 2nd November 2022]

·         Chapter I Preliminary

·         Short title and commencement

·         Application

·         Definitions

·         Chapter II – Extended Producer Responsibility Framework

·         4. Registration

·         Chapter III Responsibilities

·         5. Responsibilities of the manufacturer.

·         6. Responsibilities of the producer.

·         7. Responsibilities of the refurbisher

·         8. Responsibilities of bulk consumer.

·         9. Responsibilities of the recycler.

·         10. Responsibilities of State Government or Union territories.

·         Chapter IV

·         11. Procedure for storage of e-waste.

·         Chapter V

·         12. Management of solar photo-voltaic modules or panels or cells.

·         Chapter VI

·         13. Modalities of the extended producer responsibility Regime.

·         14. Extended producer responsibility Certificate Generation.

·         15. Transaction of extended producer responsibility certificates.

·         Chapter VII - reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares

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

·         Chapter VIII - miscellaneous

·         17. Duties of Authorities. –

·         18. Annual Report.

·         19. Transportation of e-waste.

·         20. Accident reporting.

·         21. Appeal.

·         22. Environmental Compensation.

·         23. Prosecution.

·         24. Verification and Audit.

·         25. Steering Committee.

·         Schedule – I: Categories of electrical and electronic equipment including their components, consumables, parts and spares covered under the rules

·         Schedule – II: Applications, which are exempted from the requirements of sub-rule (1) of rule 16

·         Schedule – III: E-Waste Recycling Target (by weight)

·         Schedule – IV: Extended Producer Responsibility targets for producers, who have started sales operations recently, i.e. number of years of sales operations is less than average life of their products mentioned in the guidelines issued by the Central Pollution Control Board from time to time.

·         Schedule – V: List of Authorities and Corresponding Duties