EPR Authorisation for Brand Owners - Overview

Branding, an important and inevitable concept, helps consumers to recognise and identify a product available in the market. It is a means of differentiating a product from the competitor’s item. Branding is a basis for advertising and other means of mass selling. It is thus important to realise that a brand owner implies any entity, including a company or a person who markets or sells any commodity under a registered brand or label. Thus, EPR Authorisation for brand owners is essential to be sure that e-waste (end-of-life Electronic & Electrical Equipment) is channelised to authorised recyclers/dismantlers.

Taking note of the ever-increasing statistics of the e-waste generated, it was strictly instructed to all the brand owners to get an Extended Producer Responsibility Authorisation (EPR Authorisation). Central Pollution Control Board is the nodal authority that grants the EPR license for e-waste management and has given specific guidelines for the same. Read everything in detail below.

E-waste Management Rules, 2016

These rules include every producer, manufacturer and consumer. Bulk consumers, brand owners, collection centres and dealers are also included. E-retailer, dismantler, refurbisher and recycler are added plus. They are involved in the sale, manufacture and transfer of e-waste. Purchase, storage, collection and processing of electrical and electronic equipment is also included. These are mentioned in Schedule I. Their parts, consumables and components are also included. Spares that make the product operational are also included.

However, the E-waste Rules do not apply to-

• micro-enterprises as highlighted in the MSME Development Act, 2006 ;
• used lead acid batteries as stated in the Batteries (Management & Handling) Rules,2001, made under the Act; and
• radio-active wastes defined in the provisions of the Atomic Energy Act, 1962 and rules made there under.

EPR Authorisation is not required in the following cases -

Import of spares (old or new) from OEM (original equipment manufacturers) for warranty replacement by actual users, given that an equal count of non-functional or defective parts is exported back within 365 days as per the document verification by Custom Authorities as mentioned in Schedule VIII of Hazardous Waste & Other Wastes (Management & Transboundary Movement) Rules, 2016.

EEE Manufacturers, if they are importing or/and manufacturing for selling, especially to EPR Authorised producers. Given that the manufacturer presents the following documents to Port/Customs Authorities -

• i. copy of EPR Authorisation of the producer(s) for whom it is manufactured and/or imported;
• ii. letter from EPR Authorised producers quoting that the EEE is manufactured and/or imported on his behalf; and
• iii. copy of agreements with EPR Authorised producers for whom it is manufactured/imported.

The EEE (including their consumables/spare components), which are not included in Schedule - I of E-waste (Management) Rules, 2016.

Bulk consumers or consumers if they import electronics for self or captive use. Given that the consumer or Bulk consumer gives self-declaration on stamp paper stating that EEE items being imported are not for sale to Port/Customs Authorities but purposeful for self or captive use.

Definitions

Extended Producer Responsibility is any EEE producer's responsibility for channelling e- waste to ensure environmentally sound management of such waste. EPR may include setting up collection centres or implementing a take-back framework or both and having approved arrangements with authorised dismantlers or recyclers collectively or personally via a Producer Responsibility Organisation (PRO) acknowledged by producer/s in their EPR Authorisation.

A producer implies a person who introduces the EEE in the market under its brand without considering the selling technique used, like a dealer, e-retailer, retailer, manufacturer; or

• offers to sell under its brand, assembled EEE and their consumables or parts or components or spares generated by other manufacturers or suppliers; or
• offers to sell imported EEE and their parts, consumables, spares, or components.

The authorisation meanspermission for refurbishing, handling, collection, generation, storage, reception, transportation, dismantling, recycling, disposal and treatment of e-waste issued to the refurbisher, dismantler, recycler and manufacturer.

Extended Producer Responsibility Authorisation is permission granted by CPCB to a producer for managing EPR with implementation targets and plans mentioned in such authorisation, including detail of an e-waste exchange and PRO, if applicable.

Responsibilities of the producer

The EEE producer is liable for -

EPR implementation with the following systems -

a. EPR Authorisation must include a general scheme for the collection of WEEE from the EEE introduced in the market before, like via PRO, Deposit Refund System (DRS), collection centres, dealers, exchange scheme, buy-back arrangement, etc., either by any authorised agency or directly and channelising the collected materials to authorised recyclers;

b. the technique used for e-waste channelisation from 'end-of-life' items, including those to authorised dismantlers or recyclers from their service centres, must be under the EPR - Authorisation. In cases of other mercury-containing or fluorescent lamps, where recyclers are not available, channelisation must be from the collection centre to TSDF (Treatment, Storage and Disposal Facility) ;

c. a pre-treatment is compulsory for disposal in TSDF. This is done to immobilise the mercury & lower the volume of waste to be discarded;

d. channelisation and collection of e-waste generated from the ‘end-of-life’ of products or items with the same EEE code and historical waste available in line with the targets under Schedule III in EPR - Authorisation;

e. make contact information available to the bulk consumer(s)/consumer(s) on their official web portal and submit user documentation to facilitate the return of end-of-life EEE;

f. awaring people using advertisements, publications, posters, media, or any other communication mode and submitting user documentation accompanying the equipment related to -

• (i) attaching a legible, indelible and visible image/symbol given below on the product user documentation or items to safeguard e-waste from being dropped in dustbins having waste intended for disposal;
• (ii) information about contacting and web portal;
• (iii) details about hazardous components;;
• (iv) means and mechanism available for their consumers to give back e-waste for recycling, along with the information of the DRS, if applicable;
• (v) details on dangers of improper disposal, damage, handling, accidental breakage, or improper recycling of e-waste; and
• (vi) norms for handling and disposal of the equipment after its usage, along with the Do’s and Don’ts.

(g) the importer must implement EPR (tie-up with PRO) collectively or personally. It is necessary for the individual importer intending to import EEE in every case to receive EPR Authorisation from CPCB in Form-1 and the process mentioned.

(2) retain records of the e-waste handled in Form-2 and present them for verification by the CPCB/SPCB.

(3) the producer must get EPR - Authorisation from CPCB in Form 1(aa). The authorisation stands valid for five years.

(4) to furnish information on DRS implementation to be sure of the collection of end-of-life products & their channelisation to authorised dismantlers or recyclers.

(5) EEE import is allowed only to producers with EPR authorisation.

(6) Operating without EPR-Authorisation by any importer may be considered as harming the environment. The EEE producers are informed that selling electronic items without obtaining EPR – Authorisation for producers from CPCB violates E-waste (Management) Rules, 2016.

(7) filing annual returns in Form-3. This must be done on or before the last day (I.e., 30th) of June. This must be filed to the CPCB.

(8) This condition is as per the norms of the Environment (Protection) Act, 1986. Whoever fails to adhere to or contravenes any of the norms of the rules made is liable for a fine. Punishment as per section 15 is also given.

filing annual returns in Form-3 on or before the last day (I.e., 30 th ) of June to the CPCB.

As per the norms of the Environment (Protection) Act, 1986, whoever fails to adhere to or contravenes any of the norms of the rules made is liable for punishment as per section 15.

Liability of brand owner

The brand owner is responsible for paying an imposed fine for not following the provisions under these rules by the SPCB with the prior consent of the CPCB; and

The brand owner is responsible for harming the third party or the environment in case of improper e-waste management and handling.

Procedure to Obtain EPR Authorisation for the brand owner

Notably, as per the new rules, a brand owner must obtain an EPR Authorisation. Following are the steps to get the same.

Authorisation of Brand Owner

The website for grant/renewal of EPR Authorisation, as directed under the E-waste Rules Registration-2016, is operational at the given URL: https://eprewastecpcb.in/.

1. The entities must register on the portal in any of the following categories, namely: -

• (a) producer;
• (b) refurbisher;
• (c) manufacturer;
• (d) recycler.

2. If any unit falls under more than one category, it must register under those categories individually.

3. No entity mentioned above must conduct any business without EPR registration.

4. The registered entities should not deal with unregistered recyclers, producers, manufacturers and refurbishers.

5. Notably, the EPR Authorisation can be obtained only through the official website. All EEE manufacturers have to register on the portal to receive login credentials.

6. After login, user instructions will be given, which must be read carefully before applying. Only an EEE producer can apply — however, he can take aid from a facility such as PRO. In that case, a cover letter for the application and all the declarations must be mentioned on the official letterhead of the producer.

7. CPCB scrutinises the received applications and grants EPR Authorisation within four months only to applications that are complete in all respects. However, the minimum time limit is of two months. Application inspection must follow the information in Form-1 and the revised Standard Operating Procedures.

8. Present relevant documents like -

• Estimated production of e-waste item-wise and estimated collection target for the forthcoming year
• Memorandum of Association (MoA)
• EPR Plans
• Types & quantity of handled or produced waste
• Information of EEE placed on the market in previous years - code wise
• Certificate of incorporation
• Agreement copies with dealers, collection centres, recyclers, TSDF
• Types & quantity of e-waste stored
• The channelisation of E-waste and its flow-chart
• Details for RoHS compliance
• Import Export Code
• Copy of the consent from the relevant Ministry/Department for selling their product
• Identity proof
• GST registration 
• Copy of agreement with PRO [if applicable]
• Types & quantity of e-waste sent to the collection centre
• Self-declaration regarding Reduction of Hazardous Substances provision;
• Hazardous Waste Authorisation
• Copy of Directorate General of Foreign Trade (DGFT) license/permission as appropriate;
• Information on the collection mechanism/centre, including the state-wise setup
• Types & quantity of e-waste transported
• Website information

9. CPCB analyses and replies with a checklist within 25 days for incomplete applications. The CPCB also issues a letter along with a list of shortcomings.

10. Producers are given specific time slots on the official web portal to visit the office for any doubts or queries related to the checklist.

11. EPR Authorisation is granted to the producers after completing all the formalities.

12. After issuing EPR Authorisation to the brand owner, the Central Pollution Control Board forwards the EPR Plan to the concerned SPCB for scrutinising.

13. An application for EPR Authorisation renewal must be made four months before its expiry to CPCB in Form-1. The CPCB renews the authorisation for five years.

Cancellation of EPR Authorisation for brand owners

If the brand owner fails to comply with any guidelines, norms, or rules during the authorisation period, then CPCB can straightaway cancel or suspend the EPR authorisation. Furthermore, CPCB issues a notice within 25 days if any brand owner does not adhere to the regulations. However, a chance will be given to hear from the brand owner within one month from the date of issuance of notification.

Refusal of EPR Authorisation

CPCB has the right to refuse an EPR authorisation to a brand owner. If a brand owner cannot furnish the necessary information within forty-five days of receiving the letter from CPCB, the application will be refused. However, a chance will be given to hear from the brand owner within one month of the application's return date.

Notably, in case of EPR Authorisation refusal by CPCB, the brand owner forfeits his right to place any EEE in the market till EPR Authorisation is obtained.

Appeal

Any discontented person not happy with the order of refusal/cancellation/suspension of authorisation or its renewal issued by the CPCB may, within 1 month from the date of notification of the order, can submit an appeal in Form 7 to the Appellate Authority, i.e. the Secretary or nominee of Secretary, MoEF, GOI, New Delhi against the order.

Frequently Asked Questions