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EPR Authorisation for Producers / Manufacturers - Overview

EPR Authorisation for manufacturers is essential to ensure that E-waste (end-of-life EEE) is channelised to authorised recyclers/dismantlers. Taking note of the skyrocketing count of the e-waste produced, it was strictly instructed to all the Electrical and Electronic Equipment (EEE) producers covered under Schedule – I of the E-waste (Management) Rules, 2016 to obtain Extended Producer Responsibility- Authorisation (EPR – Authorisation). Central Pollution Control Board (CPCB) issues the EPR license for e-waste management and has framed specific guidelines. Read on to the complete details.

E-waste Management Rules, 2016

These rules will apply to every producer, manufacturer and other entity. They must be involved in the manufacture, production and overall e-waste processing. EEE and its parts, consumables, and components are also included. Add to it spares that make the product operational.

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

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

EPR Authorisation does NOT apply to -

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

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

EPR Authorisation is NOT needed in the following cases -

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

• (a) letter from EPR Authorised Producers that the EEE importer is importing on his behalf
• (b) copy of EPR Authorisation of the Producer(s) for whom the importer is importing
• (c) copy of agreements with EPR Authorised Producers for whom the importer is importing.

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

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

iv. Import of spares (new or old) by actual users from OEM (original equipment manufacturers). This import is for warranty replacement. Given that an equal number of non-functional or defective parts are exported back. These must be exported within one year. This must be according to the document verification by Custom Authorities. The authorities are covered in Schedule VIII (4-e). It is part of the Hazardous Waste and Other Wastes (Management and Transboundary Movement) Rules, 2016.

Definitions

The manufacturer is a company as mentioned in the Companies Act, 2013 or a person or an entity or a factory as stated in the Factories Act, 1948 or Small & Medium Enterprises as stated in MSME Development Act, 2006, which has provisions for the manufacture of electrical and electronic equipment.

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

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

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

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

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

Liability of electronics importer

• The person intending to import electronics is responsible for paying a fine as imposed by the SPCB for not adhering to the provisions under these rules with the prior consent of the CPCB.
• The electronics importer is responsible for all damages done to the third party or the environment because of improper management and handling of the e-waste;

Responsibilities of the manufacturer

1. collect e-waste produced during the manufacture of any EEE and channelise it for disposal or recycling;

2. apply for an EPR authorisation for the manufacturer in Form 1 (a) as per the process mentioned under sub-rule (2) of rule 13 from the respective SPCB, which issues the authorisation according to Form 1 (bb);

3. make sure that no harm is caused to the environment during the transportation and storage of e-waste;

4. retain records of the e-waste produced, disposed and handled in Form-2 and make such records available for checking by the respective SPCB;

5. submit annual returns in Form-3 to respective SPCB before or on the last day (30th) of June.

Responsibilities of the producer

The EEE producer is liable for -

(1) EPR implementation with the following systems-

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

• (v) means and mechanism available for their consumers to give back e-waste for recycling, including the information of the Deposit Refund Scheme, if applicable; and
• (vi) norms for handling and disposal of the equipment after its use, in addition to the Do’s and Don’ts.
• (g) the importer must implement EPR collectively (tip-up with PRO) or individually. It is necessary for the individual importer intending to import EEE in every case to get EPR - Authorisation from CPCB as Form-1 and the process mentioned.

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

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

(4) The producer must apply to the CPCB for an EPR licence in Form 1 and get an EPR Authorisation in Form 1(aa). The authorisation is valid for five years.

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

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

(7) Operating without getting EPR-Authorisation by any importer may be regarded as causing harm to the environment. The EEE producers are now informed that the sale of electronic products without obtaining EPR – Authorisation for producers from CPCB violates E-Waste (Management) Rules, 2016.

Note - Under the Environment (Protection) Act, 1986, anyone who violates or doesn’t comply with any rules is punishable under section 15.

Procedure for storage of e-waste

Every manufacturer and producer can store e-waste for more than six months. They must retain records of waste collection, transfer, sale, and storage and make these records available for inspection.

Procedure to obtain EPR Authorisation for manufacturer or producer

Notably, for producing/manufacturing EEE, producers or manufacturers need EPR Authorisation. Following are the steps to get the same.

Authorisation of Producer

The portal for grant/renewal of EPR Authorisation according to E-waste Rules Registration-2016 is operational at the following URL: https://eprewastecpcb.in/.

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

• (a) producer; or
• (b) manufacturer.

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

3. No entity mentioned here must carry out any business without EPR registration.

4. The registered entities must not deal with any unregistered producer, manufacturer, refurbisher and recycler.

5. Notably, the EPR Authorisation can be done only through the portal. All EEE manufacturers have to register on the portal to get login credentials.

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

7. CPCB evaluates the received applications and issues EPR Authorisation within four months to only complete applications. However, the minimum time limit is of two months. Inspection of applications will be according to the information mentioned in Form-1 and the revised SOPs (Standard Operating Procedures).

8. Submit relevant documents like -

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

9. CPCB verifies and responds with a checklist within 25 days for incomplete applications. A letter is issued along with a list of shortcomings.

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

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

12. After issuing EPR Authorisation to the manufacturer, the CPCB forwards the EPR Plan to the concerned SPCB for analysing.

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

Authorisation of Manufacturer

• (i) EEE manufacturer producing e-waste must obtain an EPR authorisation from the respective SPCB;
• (ii) the manufacturer must apply for authorisation within three months from the date of these rules coming into force in Form 1(a);
• (iii) on receiving the complete application, the concerned SPCB may, after necessary enquiry and being satisfied, issue EPR authorisation in Form 1(bb) within four months to the applicant to perform safe operations in the authorised place only. The authorisation remains valid for five years;
• (iv) the concerned SPCB, after giving reasonable opportunity of being heard to the applicant, can refuse to issue any authorisation;
• (v) Every authorised person under these rules must retain the record of e-waste handled by him in Form-2 and file an annual return in Form 3 to the specific SPCB before or on the last day (i.e., 30th) of June;
• (vi) a renewal application must be made in Form-1(a) before four months of its expiry, and the SPCB may renew the EPR authorisation for five years after scrutinising each case on merit and subject to the condition that there is no violation of the norms of the Act or the rules made thereunder;
• (vii) EEE manufacturers must comply with the norms mentioned in the authorisation.

Modalities of the extended producer responsibility Regime. – (1) All producers shall fulfil their extended producer responsibility obligation as per Schedule III and Schedule-IV; in doing so, they may also take help of third-party organisations such as producer responsibility organisations, collection centres, dealers etc.:

Provided that the extended producer responsibility shall lie entirely on the producer only.

(2) The extended producer responsibility for each product shall be decided based on the information provided by the producers on the portal and the individual product’s life period as laid down by the Central Pollution Control Board in this regard, and the targets specified in Schedule III and Schedule IV.

(3) (i) The producer shall fulfil their extended producer responsibility through online purchase of extended producer responsibility certificate from registered recyclers only and submitted it online by filing quarterly returns.

(ii) The details provided by the producer and registered recycler shall be cross-checked on the portal.

(iii) In case of any difference, the lower figure shall be considered towards fulfilment of extended producer responsibility obligation of the producer.

(iv) The certificates shall be subject to environmental audit by the Central Pollution Control Board or any other agencies authorised by the Central Pollution Control Board in this regard.

Refusal of EPR Authorisation

CPCB holds the right to refuse an EPR authorisation to an applicant. If an applicant cannot furnish the necessary information within forty-five days of receiving the letter from CPCB, the application will be returned. However, the applicant will be allowed to hear from them within one month of the application's return date.
Notably, in case CPCB refuses to issue an EPR Authorisation, the producer forfeits his right to place any EEE in the market until the authorisation is issued.

Cancellation of EPR Authorisation

CPCB can also cancel or suspend the EPR authorisation if the producer fails to comply with instructions, norms, or rules during the authorisation period. If any manufacturer does not adhere to the regulations, CPCB issues a notice within 25 days. However, an opportunity will be given to hear from the manufacturer within one month from the date of issuance of notification.

Appeal

Any person discontented by an order of refusal/cancellation/suspension of authorisation or its renewal issued by the CPCB may, within thirty days from the date on which the order is notified to him, 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