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EPR Authorisation for Importers - Overview

EPR Authorisation is vital to ensure that end-of-life EEE (E-waste) produced is channelised. It must be channelised properly to authorised recyclers/dismantlers. Considering the rapid increase in the graph of the e-waste produced, a few directions were given. All the producers, including importers of Electrical and Electronic Equipment (EEE), were strictly instructed to obtain Extended Producer Responsibility- Authorisation. This EPR – Authorisation must be obtained from the Central Pollution Control Board (CPCB). The list of EEE is mentioned in Schedule – I of the E-waste (Management) Rules, 2016. Here are the complete details to obtain EPR - Authorisation for importers.

E-waste Management Rules, 2016

These rules shall apply to every producer, manufacturer, consumer, and collection centre. It also includes bulk consumers, dealers, refurbishers and e-retailers. Dismantler, importer and recycler are also added. They must be involved in the e-waste selling, manufacturing, transferring and purchasing. Storage, collection, import and processing of e-waste or EEE are also included. Its consumables, components, parts and spares that make the product operational are also included.

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

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

EPR Authorization is NOT required in the following cases -

1. EEE import is for selling to EPR Authorised Producers. Given that the importer submits the following documents to Port Authorities/Customs;

• copy of EPR Authorisation of the Producer(s) for whom the importer is importing
• copy of agreements with EPR Authorised Producers for whom the importer is importing
• Letter from EPR-Authorised Producers that EEE importer is importing on his behalf

2. The EEE (including their consumables or spare components) is not mentioned in Schedule - I of E-waste (Management) Rules, 2016.

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

4. Import of spares (new or old) by actual users from original equipment manufacturers (OEM) for warranty replacement, provided an equal number of non-functional or defective parts are exported back within one year as per the document verification by Custom Authorities as mentioned in Schedule VIII (4-e) of Hazardous Waste and Other Wastes (Management and Transboundary Movement) Rules, 2016

Additionally, EPR Authorisation does NOT apply to -

Manufacturers of EEE if they are manufacturing or/and importing for selling exclusively to EPR-Authorised producers. Given that the manufacturer submits 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. copy of agreements with EPR Authorised producers for whom it is imported or manufactured; and
• iii. letter from EPR-Authorised producers stating that the EEE is manufactured and/or imported on his behalf.

Definitions

The producer is a person who, irrespective of the selling technique used like retailer, dealer, e-retailer, or manufacturer and puts the EEE in the market under its brand; or

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

Extended Producer Responsibility means any EEE producer's responsibility for channelling e-waste to ensure environmentally sound management of such waste. EPR may comprise of setting up collection centres or implementing a take-back system or both and having agreed arrangements with authorised recycler or dismantler either collectively or individually via a Producer Responsibility Organisation (PRO) recognised by producer/s in their EPR Authorisation.

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

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

Liability of electronics importer

• The person who wishes to import electronics is liable to pay a fine as imposed for violating the provisions under these rules by the SPCB with the approval of the CPCB in advance.
• The electronics importer is liable for all damages caused to the third party or the environment due to improper management and handling of the e-waste;

Responsibilities of the electronics importer (producer)

The importer of electrical and electronic equipment is responsible for -

(1) implementing the EPR with the following frameworks -

• a. the mechanism used for channelling e-waste from 'end-of-life' items, including those from their service centres, to authorised recyclers or dismantlers must be according to the EPR - Authorisation. In cases of fluorescent and other mercury-containing lamps, where recyclers are not available, channelisation can be to the Treatment, Storage and Disposal Facility (TSDF) from the collection centre;
• b. channelisation and collection of e-waste produced from the ‘end-of-life’ of products or items with the same EEE code and historical waste available in line with the targets mentioned in Schedule III in EPR - Authorisation;
• c. for disposal in TSDF, a pre-treatment is necessary to lower the volume of waste to be disposed of and immobilise the mercury;
• d. make contact details available to the bulk consumer(s)/consumer(s) on their official website and prepare user documentation to facilitate the return of end-of-life EEE;
• e. EPR - Authorisation must comprise a general scheme for WEEE collection from the EEE placed in the market before, like via collection centres, dealers, PRO, exchange scheme, buy-back arrangement, Deposit Refund System, etc., whether via any authorised agency or directly and channelising the collected items to authorised recyclers;
• f. creating awareness via publications, media, advertisements, posters, or any other communication mode and preparing user documentation accompanying the equipment related to -
• (i) details about hazardous constituents
• (ii) details about contacting and web site;
• (iii) details on dangers of improper disposal, handling, damage, accidental breakage, or improper recycling of e-waste;
• (iv) attaching a legible, visible and indelible image/symbol given below on the product user documentation or products to prevent e-waste from being dropped in dustbins containing waste intended for disposal;

• (v) guidelines for handling and disposal of the equipment after its use, in addition to the Do’s and Don’ts;
• (vi) mechanism and means available for their consumers to give back e-waste for recycling, including the details of the Deposit Refund Scheme, if applicable.

(g) the importer must implement EPR collectively (tip-up with PRO) or individually. It will be mandatory for the individual importer willing to import TV or other EEE in every case to obtain EPR - Authorisation from CPCB according to Form-1 and the process stated.

(2) to provide details on the implementing Deposit Refund Scheme (DRS) to make sure collection of end-of-life products and their channelisation to authorised recyclers or dismantlers.

(3) maintain records in Form-2 of the e-waste handled and make such records available for verification by the CPCB/SPCB.

(4) the import of EEE is allowed only to producers having EPR authorisation.

(5) the producer must apply to the CPCB for authorisation in Form 1 and get EPR - Authorisation for an importer in Form 1(aa).

(6) filing annual returns in Form-3 to the CPCB on or prior to the 30th day of June.

(7) Operating without obtaining EPR-Authorisation by any importer will be considered as causing damage to the environment. The EEE importers are hereby informed that the sale of electronic items without getting EPR – Authorisation from CPCB violates E-Waste (Management) Rules, 2016.

Note - As per the Environment (Protection) Act, 1986, whoever breaks or fails to comply with any rules is punishable according to section 15.

Procedure to obtain EPR - Authorisation for importers

Notably, to import AC & Refrigerator and other EEE, importers need EPR Authorisation. Here are the details to obtain the same.

1. The portal for grant/renewal of EPR Authorisation as per E-Waste Rules Registration-2016 is operational and available at the following URL: https://eprewastecpcb.in/ .

2. Henceforth the EPR-Authorisation can be done only through this portal. All importers have to register on this portal to obtain login credentials.

3. After login, user instructions will be available, which must be read carefully before applying.

4. Submit relevant documents like

• Information of Electrical and Electronic Equipment placed on the market in previous years - Code wise
• MoA
• Estimated production of EEE waste item-wise and estimated collection target for the forthcoming year
• Extended Producer Responsibility Plans
• Certificate of incorporation
• Agreement copies with dealers, collection centres, recyclers, TSDF
• Details for Reduction of Hazardous Substances compliance
• Copy of the consent from the relevant Ministry/Department for selling their product
• Import Export Code
• GST registration
• Copy of Directorate General of Foreign Trade (DGFT) license/permission as applicable;
• Self-declaration regarding Reduction of Hazardous Substances provision;
• Hazardous Waste Authorisation
• Information on the collection mechanism/centre, including the state-wise setup
• Types & quantity of e-waste stored
• Types & quantity of handles or produced waste
• Types & quantity of e-waste Transported
• Types & quantity of e-waste sent to the collection centre

5. After completing all the formalities EPR - Authorisation is granted to the importers.

Frequently Asked Questions