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E-Waste Rules, 2018 come into force in India

E-Waste Rules, 2018 come into force in India

March 2018

Collection Targets

The collection targets in Schedule III of the Rules have been amended under the Amendment Rules 2018. The revised Extended Producer Responsibility (EPR) targets shall be applicable from 1 October 2017. The quantity of e-waste collected by producers under EPR from 1 October 2016 to 30 September 2017 shall be accounted for in the revised EPR targets as per Schedule III until March 2018. The e-waste already collected by producers in earlier years will be accounted for and the eligible set offs shall be provided for the corresponding years at the time of fixation of targets as per Schedule III. The collection targets are now as follows:

Sl. No Year E-Waste Collection Target (Weight)
(i) 2017-2018 10% of the quantity of waste generation as indicated in EPR Plan.
(ii) 2018-2019 20% of the quantity of waste generation as indicated in EPR Plan.
(iii) 2019-2020 30% of the quantity of waste generation as indicated in EPR Plan.
(iii) 2020-2021 40% of the quantity of waste generation as indicated in EPR Plan.
(iv) 2021-2022 50% of the quantity of waste generation as indicated in EPR Plan.
(v) 2022-2023 60% of the quantity of waste generation as indicated in EPR Plan.
(vi) 2023 onwards 70% of the quantity of waste generation as indicated in EPR Plan.

Further, reduced collection targets have been introduced for new producers who have started their sales operations recently (number of years of sales operations is less than average life of their products mentioned in the guidelines issued by Central Pollution Control Board). These collection targets are as follows:

A foreign company selling a packaged product directly to an end-user in an EU Member State may have a legal obligation to provide for the collection and recycling of the waste packaging even though they have no registered legal entity in the country of sale. – The same applies to companies who sell batteries (either loose or integrated).

l. No Year E-Waste Collection Target (Weight)
(i) 2018-2019 5% of the sales figure of financial year 2016-17.
(ii) 2019-2020 5% of the sales figure of financial year 2017-18.
(iii) 2020-2021 10% of the sales figure of financial year 2018-19.
(iv) 2021-2022 10% of the sales figure of financial year 2019-20.
(v) 2022-2023 15% of the sales figure of financial year 2020-21.
(vi) 2023-2024 15% of the sales figure of financial year 2021-22.
(vii) 2024-2025 20% of the sales figure of financial year 2022-23.
(viii) 2025 onwards 20% of the sales figure of the year preceding the previous year.

PRO Registration

Under the amended Rules, Producer Responsibility Organisations (PROs) are now required to apply to the Central Pollution Control Board (CPCB)for registration to undertake the activities prescribed for Producer Responsibility Organisations.

RoHS Provisions

With regards to Reduction of Hazardous Substances (RoHS) provisions, the CPCB may conduct random sampling of electrical and electronic equipment (EEE) placed in the market to monitor and verify the compliance of RoHS provisions. The cost for sampling and testing shall be met by the Government. However, if the product does not comply with the RoHS provisions, the cost of the RoHS test will be met by the Producer and the Producer shall take corrective measures to bring the product into compliance and withdraw or recall the product from the market within a reasonable period as per the guidelines of the CPCB.