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EPR Authorisation for Refurbisher - Overview

Over forty-five million tonnes of e-waste is generated globally every year. Notably, this is expected to reach 52.2 million tonnes in two years. India ranks among the five prime producers of e-waste. Sustainably disposing of e-waste can be challenging. This is because it has precious metals and minerals. It also contains plastics and chemical additives. E-waste refurbishing is the only responsible way to dispose of such waste. Thus, there is an urgent need for e-waste refurbishers.

Extended Producer Responsibility (EPR) of refurbishers is regulated. It is done through granting EPR Authorisation. The Central Pollution Control Board (CPCB) grants the EPR license for e-waste management. The board has also framed specific guidelines. These norms are E-waste Management Rules, 2016. Read on to the complete details.

E-waste Management Rules, 2016

EWM Rules, 2016 apply to every refurbisher, manufacturer, producer, consumer, collection centre, bulk consumer, dealer, e-retailer, dismantler and recycler involved in refurbishing, manufacture, sale, purchase, transfer, collection, storage and processing of e-waste or EEE quoted in Schedule I, including their components, parts, consumables and spares making the product operational but don’t apply to -

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

EPR Authorisation does NOT apply to -

1. EEE Manufacturers, if they are importing or manufacturing for selling, particularly to EPR-authorised producers. Given that the manufacturer presents the documents listed below to Port/Customs Authorities -

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

2. The EEE (including their spare consumables/components) not covered in Schedule - I of EWM Rules, 2016.

3. Import of spares (new/old) from OEM (original equipment manufacturers) by actual users for warranty replacement, given that an equal count of defective or non-functional parts is exported back within three sixty days as per the document verification by Custom Authorities as mentioned in Schedule VIII (4-e) of HWM Rules, 2016.

EPR Authorisation is NOT required in the cases given below

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

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

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

Definitions

A collection centre is a centre or a collection point or both set up by producers individually or as an association jointly to collect e-waste for channelising it to the recycler and play such role as mentioned in the EPR Authorisation issued to the producer and having facilities according to the norms of (CPCB) Central Pollution Control Board, including the collection centre set up by the refurbisher/dismantler/recycler which should be a part of their authorisation granted by the (SPCB) State Pollution Control Board where the facility is set up; Refurbishment stands for repairing a used EEE as mentioned in Schedule I for extending its working life for its actual intended use and returning to the owner or selling the same in the market;

E-waste means EEE, in part or whole, discarded as waste by the bulk consumer or consumer and also rejected from refurbishment, manufacturing and repair processes;

Refurbisher is defined as any firm or undertaking registered under the Companies Act, 1956 or, the Factories Act, 1948 or both or a district industries centre (DIC) involved in the refurbishment of used EEE;

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

Extended Producer Responsibility - Authorisation is a permission that CPCB gives to a producer to manage EPR with implementation plans and targets stated in such authorisation, including information on an e-waste exchange and PRO, if applicable.

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

Responsibilities of the Refurbisher

1. collect e-waste produced during refurbishing and channelise it to the authorised recycler or dismantler via its collection centre;

2. apply in Form 1(a) as per the process mentioned in sub-rule (4) of rule 13 to the specific SPCB for a grant of one-time authorisation;

• (a) the authorised refurbisher must submit information on e-waste produced to the particular SPCB annually; and
• (b) the related SPCB must authorise the e-waste refurbisher on one time basis according to Form 1 (bb), and authorisation will be deemed as considered if not objected to within one month;

3. to be sure that the e-waste refurbishing doesn't adversely affect the environment and health of the people;

4. to make sure that no harm is caused to the environment while storing and transporting electronic waste;

5. retain records of handled e-waste in Form-2 and present such records for scrutiny by the appropriate authority;

6. to be sure that the e-waste thus produced is securely transported to authorised dismantlers or collection centres, or recyclers;

7. submit annual returns in Form-3 to the specific SPCB on or before the last day of June (30th) following the financial year to which that return relates; and

8. suppose an accident happens during the transportation of e-waste or at the facility processing e-waste. In that case, the refurbisher must report immediately to the related SPCB about such a mishap via e-mail and telephone.

9. The importers of used electrical and electronic equipment shall have 100% extended producer responsibility obligation for the imported material after end of life, if not re-exported.

E-waste Rules 2022

Table on page 36

Liability of Electronics Refurbisher

• The electronics refurbisher is liable for all harm done to the third party or the environment due to improper management and handling of the e-waste;
• The person aspiring to refurbish electronics is liable to pay a fine as imposed by the SPCB for not adhering to the guidelines under these rules with the prior consent of the CPCB.

Procedure to grant EPR Authorisation to a Refurbisher

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

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

2. every e-waste refurbisher must apply, within four months, in Form 1 (a) in triplicate to the specific SPCB along with a copy of the following documents for issuing or renewal of authorisation, namely:-

• (a) certificate of registration issued by DIC or any other authorised government agency;
• (b) consent to establish (CTE) issued by the specific SPCB; and
• (c) proof of the installed capacity of machinery and plant issued by the DIC or any other authorised government agency.

3. Submit relevant documents like -

• Memorandum of Association (MoA)
• CTO issued by SPCB
• 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 e-waste refurbished
• Types & quantity of handled or produced waste
• Types & quantity of e-waste sent to the collection centre

4. on being satisfied that the application is complete and complies with the norms mentioned by CPCB, the related SPCB grants one-time EPR authorisation for refurbisher in Form 1 (bb) stipulating therein mandatory conditions as deemed important for conducting refurbishing operations in the authorised place only;

5. the specific SPSCB disposes of the authorisation within four months from the date of receiving the complete application;

6. the SPCB can cancel, refuse, or suspend an authorisation if it has reasons to believe that the authorised e-waste refurbisher doesn't comply with any of the norms of authorisation or with any norms of the Act or rules made thereunder after giving a chance to the refurbisher to be heard & after recording the reasons thereof;

7. the refurbisher must maintain records of the refurbished and purchased e-waste in Form-2 and file annual returns of its activities of the previous year in Form-3 to the specific SPCB on or before the last day of June (30th) annually.

Procedure for Storage of E-waste

Every refurbisher must store the e-waste for not more than six months and retain a record of the collection, sale, transfer and storage of waste. Moreover, the authorised refurbisher has to make these records available for inspection:

The respective SPCB can extend the said period up to one year if the waste needs to be stored for process development for reuse or recycling.

EPR Certificate Generation for Refurbishing

• i. The e-waste is allowed for refurbishing if the refurbisher registers on the portal. Based on the information provided, a refurbishing certificate is granted in favour of a registered refurbisher.
• ii. On producing the refurbishing certificates purchased from the registered refurbishers, the producer's EPR is deferred by the duration as stated by the CPCB for the corresponding quantity of e-waste. Moreover, it gets added to the EPR of the producer upon the expiry of the extended life of the refurbished product.
• iii. To incentivise refurbishing, only 75% of the deferred quantity is added to the producer's EPR for recycling upon the expiry of the extended life of the refurbished product.
• iv. The EPR obligation is terminated only after end-of-life disposal via a registered recycler and producing an EPR certificate, not by refurbishing certificate.

Transaction of Extended Producer Responsibility Certificates

(1) The producers must fulfil the EPR obligation by proportionately buying the extended producer responsibility certificate every quarter.

(2) A producer may buy extended producer responsibility certificates limited to its EPR liability of the present year (Year Y) and any leftover liability of preceding years plus 5% of the current year's liability.

(3) As soon as the producer buys refurbishing certificates, its EPR liability is automatically deferred for the relevant product quantity for the duration mentioned by the CPCB.

(4) As soon as the producer buys the EPR certificate, it shall be automatically adjusted against its liability and priority in adjustment will be given to earlier liability and the EPR certificate so adjusted will be terminated and cancelled automatically.

(5) The requirement, availability and other information on the refurbishing and EPR certificates for every refurbisher must be available on the portal.

(6) All the transactions under these rules must be submitted and recorded by the recyclers or producers on the portal while filing quarterly returns.

Environmental Compensation

Environmental compensation is imposed on unregistered refurbishers and any entity which helps or abets the violation of these rules.

Verification and Audit

The CPCB, by itself or through a delegated agency, can verify compliance with these norms by refurbisher via periodic audits and random inspection, as deemed fit, to take action against violations of the norms of these rules.

Refusal of EPR Authorisation

CPCB can refuse an EPR authorisation to an e-waste refurbisher. The application will be returned if a refurbisher can't furnish the necessary information within forty-five days of receiving the letter from CPCB. However, a chance will be given to hear from the refurbisher within one month of the application's return date. Notably, in case of EPR Authorisation refusal by CPCB, the refurbisher forfeits his right to place any EEE in the market till EPR Authorisation is issued.

Cancellation of EPR Authorisation

CPCB also holds the right to cancel or suspend the EPR authorisation if the refurbisher fails to comply with any rules, instructions, or norms during the authorisation period. If any refurbisher doesn't adhere to the regulations, CPCB issues a notice within 25 days. However, a chance will be given to hear from the e-waste refurbisher within one month from the date of issuance of notification.

Appeal

Any refurbisher, if discontented by order of refusal/cancellation/suspension of authorisation or its renewal issued by the CPCB, s/he can use Form 7 to appeal the Appellate Authority, i.e. the Secretary or nominee of Secretary, MoEF, GOI, New Delhi against the order within thirty days from the day on which the order is notified.

Frequently Asked Questions