E-Waste (Management) Rules, 2022

Ministry of Environment, Forest and Climate Change has notified the E-Waste (Management) Rules, 2022 on 2nd November, 2022. E-Waste (Management) Rules, 2022 will replace E-waste (Management) Rules, 2016 and will be effective from 1st April, 2023.

E-Waste (Management) Rules, 2022

• Application:
  • It will apply to every manufacturer, producer, refurbisher, dismantler and recycler involved in manufacturing, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical and electronic equipment. 
  • The rule is applicable to all electrical devices and radiotherapy equipment, nuclear medicine equipment and accessories, Magnetic Resonance Imaging (MRI), electric toys, air conditioners, microwaves, tablets, washing machine, refrigerator, solar photo-voltaic modules or panels or cells and iPad among others.
• Restrictions:
  • The government has restricted the use of hazardous substances in manufacturing electrical and electronic equipment (EEE) following deaths due to exposure to radioactive material.
    • It mandates the reduction of the use of lead, mercury, cadmium among others in the manufacturing of electronic equipment.
• Reuse and recycling:
  • Manufacturers shall use the technology or methods so as to make the end product recyclable and shall ensure that components or parts made by different manufacturers are compatible with each other so as to reduce the quantity of e-waste.
• Strict monitoring:
  • The Central Pollution Control Board shall conduct random sampling of electrical and electronic equipment placed on the market to monitor and verify the compliance of reduction of hazardous substances provisions.
    • If a product does not comply with the e-waste management rules, the manufacturer will have to withdraw all samples from the market. 
• Extended Producer Responsibility Certificates:
  • Draft rules aim to incentivise registered electronic waste recyclers by introducing EPR or Extended Producer Responsibility certificates (which was not part of 2016 Rules).
  • The Central Pollution Control Board shall generate extended producer responsibility certificate through the portal in favour of a registered recycler.
• E-waste exchange facilities:
  • The EPR requires producers to set up e-waste exchange facilities to facilitate collection and recycling, and assign specific responsibility to bulk consumers of electronic products for safe disposal.
• Imports:
  • Imports or placement in the market for new electrical and electronic equipment shall be permitted only for those which are compliant with provisions laid down by the government. 
• Disposal:
  • It is the responsibility of the manufacturer to collect e-waste generated during manufacture and to ensure its recycling or disposal.
    • However, the rule does not apply to waste batteries, packaging plastics, micro enterprises and radio-active waste, as covered under the provisions of the law. 
• The E-Waste (Management) Rules also provide for recognition and registration, skill development, monitoring and ensuring safety and health, of workers involved in dismantling and recycling of e-waste.