Q1. What is the new date of implementation for EPR and to whom is it applicable?
The new date of implementation for E-waste management rules, 2016 is 1st May 2017.It is applicable to all the producers who were already producing and marketing theirproducts prior to 1st October 2016. However, in case of new Producers, who are planningto setup business post 1st Oct 2016, they have to obtain the EPR Authorization prior tocommencing business.
Q2. Various e-commerce companies are also selling our company’s products?
Whose liabilityis it to take back the e-waste generated by the products sold on their platform?=Most of the e-commerce companies work as a market platform and they do not sell any productunder their brand name. The responsibility of taking EEE back from the consumers rests onthe brand owner in case the product is sourced from within India. In case they are importingany product/brand from outside India, it is the responsibility of the e-commerce company totake-back and recycle the EEEs.
Q3. What is the responsibility of a third party manufacturer in case he is manufacturing formultiple lighting companies?
The responsibility of a third party manufacturer would be for the e-waste discard generatedfrom undertaking the manufacturing at its plant/factory. Since the third party manufacturerdoes not own the brand, it would not come under the purview of EPR.
Q4. As a Producer, I already have authorization by Pollution Control Board; would I need toapply afresh for the Authorization under e-waste rules, 2016?
All producers would have to apply afresh for authorization as per the new e-waste rules, 2016.
Q5. As a manufacturer, do I have to apply for authorization?
Yes, since the manufacturer authorization was not there in the e-waste rules, 2011
Q6. Considering there would be a large number of collection points across India, would itbe mandatory for these collection points to follow the manifest process?
Yes, under the provision of the rules, any transportation of e-waste shall mandatorilyfollow the manifest system.
Q7. For compliance with RoHS do I need to attach all the documents such as test reports ofvarious/sub-parts, assemblies etc. with the declaration?
The technical documents in respect of RoHS compliance should be available with the producerand a declaration can be submitted to CPCB that such technical documents have been maintained.It is not mandated to submit the technical documents to CPCB.
Q8. What about the RoHS compliance for the products already placed in the market?
Components or consumables or parts or spares required for the electrical and Electronicequipment placed in the market prior to 1st May, 2014 may be exempted from the provisions ofRoHS under sub-rule (1) of rule 16 provided Reduction of Hazardous Substances compliant partsand spares are not available.
Q9. The target specified by CPCB is state specific target or national target?
The target mentioned under the rules is national target and thus an average of all the stateswhere producer have the business need is to be met.
Q10. As per the new date of implementation, what are the targets for FY2017-18?
For the first two years of implementation, the targets are 30% of the total e-waste generated.On pro-rata basis the target for FY2017-18 is 27.5% of the total e-waste generated.
Q11. What are the implications if a Producer offers a Deposit Refund Scheme (DRS) with theinitial sale of the product?
In case a DRS is introduced to make EPR more effective and target based, the producer has toobtain all applicable approvals/permissions as per the laws of India. The deposit and subsequentreturn to the customer could come under the purview of NBFC activity and hence approvals couldbe required from the Reserve Bank of India.Also, the producer has to decide an appropriate amount of interest rate to be offered to thecustomer so that the customer feels incentivised to return the EEE to the producer.
Q12. Whether CFL and other mercury containing lamps have to comply with only Schedule I orSchedule I and II both, w.r.t the Reduction of Hazardous Substances (RoHS)?
The sub-Rule 1 of Rule 16 is about Reduction of Hazardous substances (ROHS) in the itemsmentioned in Schedule I. Nowhere in the E-waste Rules it is written that any item listed inSchedule I is exempted from application of these E- waste Management Rules, 2016. Since,fluorescent and other mercury containing lamps are listed in Schedule I as CEEW5, the producersof such items have to comply with the provisions of E-waste (Management) Rules, 2016 as wellwith the Schedule II with respect to ROHS.
Q13. As a producer, what should I do in case I am only partially/not compliant with RoHS?
In case you are partially/not compliant with RoHS, you can provide a roadmap to CPCB to befully compliant at a planned future date. It is highly recommended that you meet RoHS compliancewithin six months of providing this plan.
Q14. What is the unit of calculation for waste generation and target?
The unit for calculation for waste generation and target is either Quantity/Number or Weightor both, and same has to be mentioned in the form for filing annual returns to Central PollutionControl Board.