PRO Authorisation - Overview

E-waste Management Rules, 2016 and the amendments define a ‘Producer Responsibility Organisation’ as a professional organisation financed or authorised personally or collectively by producers. These PROs can take responsibility for collecting and channelling e-waste generated from the ‘end-of-life’ of their products to guarantee environmentally sound management of such e-waste. However, obtaining a CPCB Authorization for PRO is mandatory before conducting any such business. The following sections elaborate on the details.

Norms for Producer Responsibility Organisation (PRO) under E-waste (Management) Amendment Rules, 2018

The E-waste (Management) Rules, 2016 state certain norms. As per rules, Electrical and Electronic Equipment (EEE) producers must manage their EPR (Extended Producer Responsibility). This can be done either personally or collectively. This is done via a producer responsibility organisation (PRO). The producer(s) must acknowledge the PRO in their EPR - Authorisation. However, according to the E-waste (Management) Amendment Rules, 2018, a PRO must register under the CPCB to obtain PRO Authorisation to undertake its prescribed activities. The PRO's definition under these rules states the activities specified for it. Moreover, the specific framework is also available to register the PRO. Following are the details for the same.

Role of a Producer Responsibility Organisation

• A PRO must have an agreement with producer(s) or an association of producers. Such an agreement outlines the role and responsibility of the PRO for managing EPR and obtaining the CPCB registration quickly.
• A PRO can help a producer(s) meet legal obligations such as establishing collection centres/points, completing collection targets, implementing take-back systems, carrying awareness programmes, etc., only if the producer(s) engages that PRO.

Activities of PRO

Below are some of the activities of the Producer Responsibility Organisation as outlined in the rules and mandatory for obtaining a PRO Authorisation.

• Channelisation and collection of e-waste on behalf of authorised producers for environmentally sound management of such waste. Producers may involve PROs for multiple or specific tasks related to their EPR management.
• The activities of PRO can include one or more of the following tasks -
• Implementing take back/buy back/DRS (Deposit Return Scheme)/e-waste exchange.
• The establishment of collection points/centres includes establishing collection godown or conducting business via warehouses according to CPCB’s norms.
• Implementing take-back logistics arrangements.
• Guaranteeing traceability of the collected and channelised e-waste.
• Ensuring environmentally sound e-waste recycling and dismantling.
• Organising awareness programme among bulk consumers/consumers/producers for e-waste collection and channelisation.
• Helping producers file quarterly/annual returns as per the rules.
• Setting up collection mechanisms like collection campaigns, door-to-door collection, procurement from individuals, and e-waste exchange platforms.

Responsibilities of the producer

The EEE producer is liable for -

• EPR implementation with the following systems- the technique used for the e-waste channelisation from 'end-of-life' items, including those from their service centres, to authorised e-waste recyclers and dismantlers must be according to the EPR Authorisation.
• EPR Authorisation should include a general scheme for WEEE (waste electronics and electrical equipment) collection from the EEE put in the market before, such as through PRO, dealers, collection centres, exchange scheme, DRS, buy-back arrangement, etc., whether through any authorised agency or directly and channelising the collected materials to authorised e-waste recyclers;
• the producer must implement EPR collectively by tying up as a member with a PRO or personally. In every case, the individual producer must get EPR - Authorisation from CPCB and the process mentioned.

Note As per the Environment (Protection) Act, 1986, whoever violates or doesn’t comply with any rules is punishable as per section 15.

Capability and Capacity of a PRO

• A Producer Responsibility Organisation must be able to channel e-waste to meet its producers' collection targets and adhere to waste compliance.
• Moreover, a PRO must mention its organisational structure regarding collection facilities, human resources, and infrastructures for e-waste collection, storage and transportation.
• A PRO must also mention its capacity for e-waste handling, including the ability for storage, collection, transportation and capacity of its e-waste recycler and dismantler with whom it agrees for recycling and dismantling.
• PRO should provide details of its collection mechanism [collection points/ centres, take back arrangements/buy-back arrangement, details of reverse logistics arrangement (toll-free numbers, contact details to give back EEE by consumers)]. PRO should be .capable of carrying out an awareness programme to make consumers aware of its channelisation schemes and collection mechanisms through print/visual/display mode.

Modalities of the extended producer responsibility Regime

(1) All EEE producers must fulfil their EPR obligation according to Schedule-III and IV. Furthermore, in doing so, they may also take the help of third-party organisations like collection centres, PROs, dealers, etc.: Given that the EPR lies entirely on the producer only.

(2) The EPR for each product is decided based on the details provided on the portal and the individual product’s life period as framed by the CPCB regarding this and the targets mentioned in Schedule-III and IV.

(3) The producer must fulfil the EPR through the online purchase of EPR certificates from registered recyclers and file them online by submitting quarterly returns.

(4) The certificates must be subject to environmental audit and verification by the CPCB or any other authorised agencies in this regard.

CPCB Authorisation of PRO

A PRO must apply for PRO Authorisation to CPCB within ninety days starting from the date these rules come into force in the form given in Annexure — 1.

Notably, the registration for PRO Authorisation can be done only through the portal. All PROs must register on the portal to get login credentials.

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

The PRO must 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 items-wise
• EPR Plans
• Certificate of incorporation
• The e-waste channelisation and its flow-chart
• Information of the channel partners like recyclers, dismantlers, aggregators, logistic partners
• 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
• GST registration
• Self-declaration regarding the 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 e-waste Transported
• Category of WEEE suggested to be handled
• Types & quantity of handled or produced waste
• Types & quantity of e-waste sent to the collection centre
• Upon receipt of the complete application, CPCB evaluates the same to verify PRO’s capability and capacity to handle e-waste recycling, storage, collection, transportation, and dismantling and its capacity for conducting awareness programmes for e-waste channelisation.
• Notably, the registration for PRO Authorisation can be done only through the portal. All PROs must register on the portal to get login credentials.
• On being satisfied with its capability and capacity, CPCB grants the registration to the PRO within two months of receiving the complete application.
• Also, in case of incomplete applications, the CPCB verifies and responds with a checklist within 25 days. A letter is issued along with a list of shortcomings.
• The CPCB, after offering a reasonable chance of being heard to the applicant, can refuse to grant PRO Authorisation.
• If the of refuses PRO Authorisation by the CPCB, the PRO forfeits his right to conduct the business until the Authorisation is granted.
• An application for the renewal of PRO Authorisation must be made in Form-1 before two months of its expiry.
• No PRO must carry out any business without CPCB authorisation.
• Every PRO must take all steps to comply with the norms mentioned in the Extended Producer Responsibility Authorisation, wherever required.
• CPCB can conduct the random check, and if, in its opinion, the holders of the PRO Authorisation fail to comply with any of the norms of the authorisation/the Act/these rules and, after offering a reasonable opportunity of being heard, cancel or suspend the issued Authorisation for as long as it considers necessary in the public interest and inform the related State Pollution Control Board (SPCB) within ten days of cancellation.

Target Time and Response

CPCB can verify the applications and reply with a checklist within 25 days of receiving the application if the Board finds it necessary to be completed. A letter and a checklist of shortcomings are issued by the designated officer in CPCB.

Approval of CPCB Registration

Member Secretary, CPCB is the competent authority to approve the grant of PRO registration.

Duration of CPCB Authorisation

The PRO authorisation stands valid for five years.

Suspension/cancellation of PRO Authorisation

CPCB can suspend or cancel PRO registration if it fails to adhere to any of the rules of registration/any provisions of the E (P) Act,1986/EWM Rules, 2016 or amendments thereof during the period of registration if any PRO is found to be violating the norms of registration while random checking by C/SPCB, a notice is issued within 25 days of such verification/checking.

Before cancellation or suspension of PRO registration, a chance is given to the PRO for hearing before the Member Secretary, CPCB, who can approve suspension or cancellation of the registration. The final decision is intimated within ten days after the hearing.

Appeal

Any PRO aggrieved by an order of suspension or cancellation PRO authorisation passed by the Member Secretary, CPCB can, within one month from the date the order is communicated to him, appeal to the chairman CPCB whose order will be deemed final.

Frequently Asked Questions