Amendments On EPR Certificate For Electronic Waste

India is currently challenged with the problems of e-waste that poses a major threat to the environment and human health. As per the constitution of India, Article 21 of the Constitution of India provides the right to a healthy environment but with the growing population in India, the piling up of waste including e-waste hinders this right. In detail, a report showed that India ranks among the five countries that produce the highest e-waste in the globe. This fact calls for responsible tyre waste management systems via EPR Certificate for E-Waste. Since the increase in waste production is directly proportional to population growth.

In response to the problem, the Extended Producer Responsibility (EPR) system has been implemented to ensure that producers bear the responsibility for managing and disposing of e-waste. This blog deals with EPR Registration in India and has information on the challenges that surround EPR implementation.

Extended Producer Responsibility: What is EPR?

Extended Producer Responsibility (EPR) is a policy instrument whereby the cost of managing waste from products is taken from consumers and government, and placed on producers. According to EPR Certification, producers bear the responsibility of all phases in the life cycle of a product; disposal of post-consumer waste inclusive. In other words, they hold the responsibility of collecting and processing waste produced from the products that they produce or bring into the country.

The goal of EPR is to get producers to become innovative and use the least harmful substances, it also aims to improve the recycling sector.

EPR Authorization for E-Waste in India

For entry into the Indian market for electronic and electrical products, the producers, importers, manufacturers, and brand owners require EPR Registration. The government of India approves EPR through the Ministry of Environment, Forest, and Climate Change (MoEF&CC), and Central Pollution Control Board (CPCB).

The objective of the EPR Certification process lies not only with the environmental regulations but also with the goal of recycling electronic waste in the most sustainable manner. The authorization process also demands users register with CPCB in this process Information about the following is gathered;

Key Stakeholders in EPR for E-Waste:

1. Producers: Contributes to the achievement of EPR targets and consumer sensitisation.

2. Manufacturers: Responsible for collection and transportation of wastes to recycling points or agents for disposal in the course of carrying out production.

3. Recyclers: Safe disposal of Recyclable components, especially electronic waste (e-waste) & handling and disposal of other non-recyclable units.

4. Refurbishers: They are expected to manage all the e-waste that may arise from the renovation processes that take place in the firm.

How to Register for an EPR Certificate for E-waste?

Entities looking to obtain EPR Registration in India must follow the steps below:

Step 1: Identify EPR Applicability

To embark on EPR, the producers, manufacturers, recyclers, and refurbishers engaged in the electrical and electronic equipment business need to determine whether they are within the provision of those rules.

Step 2: Register on the CPCB Portal

Companies or individuals intending to manage e-waste must, first of all, make themselves affiliated to the CPCB portal, Exploring Waste Management in registering for the program, specific general information about the entity is provided including the kind of products they handle and wastes they produce.

Step 3: Submit the Required Documents

Application entails considerations of documents such as the company Registration Certificate, EPR Plan, IEC Certificate, etc. Reach out to our LegalRaasta EPR Experts to know more about all the documents required to apply for EPR Certificate for E-waste.

Step 4: Await Authorization

This means that once the application is processed and submitted to the CPCB, the latter will review the submitted documents and approve EPR authorization to the entity so long as it meets the set guidelines.

Issues related to EPR Implementations in India

While EPR Certification has the potential to significantly improve waste management in India, several challenges have hampered its successful implementation:

Lack of Infrastructure

One key research problem that may point to the general lack of infrastructure in a given society is that there is little or no provision for the establishment of physical structures and facilities meant for use by society and an EPR Certificate helps in reduce carbon and there is no proper facility, awareness, or resources for the collection, segregation, and recycling of e-waste in India. A common complaint is the absence of access to professional recyclers or collection points by many regions results in the wrong disposal of the waste.

Informal Sector Bubble

A major proportion of e-waste is managed by the informal sector which does not possess the knowledge and equipment to recycle waste environmentally. Such informal recyclers take to burning or using acid to get metals from the waste parts of electronics.

Limited Awareness

Many producers and consumers may be ignorant of their roles as dictated under the EPR Certification for E-waste. This results in noncompliance and improper handling or disposal of the e-waste. Without awareness, there is noncompliance and improper handling of the e-waste.

High Cost of Compliance

To many small and medium enterprises, it is financially unfeasible to adhere to the requirements of EPR. The costs that arise from establishing channels for recycling or using authorized recyclers help dissuade companies from compliance.

Enforcement Issues

There is weak enforcement of the regulations. Most producers and recyclers work without the legally required permits, and the consequences for non-compliance are sometimes mild in any case. As per best practices under the CPCB guidelines, producers, recyclers, and refurbishers are required to register for EPR.

Amendment on E-waste Management – For 2024

Earlier on 30th January 2023, the MoEFCC had put out the EPR Registration for E-waste (Management) Amendment Rules, 2023. The present E-Waste (Management) Rules, 2022 are proposed to be amended by these rules. According to the most recent amendment, manufacturers have to provide detailed information on the elements, materials, accessories, or provisions that go into their products. As per the guidelines prescribed for the reduction of hazardous material, such data is to be provided to CPCB on demand. Now the information is supposed to be given to the CPCB as and when it deems fit as compared to it being incorporated in the user documentation of the producer’s product. Furthermore, the modification includes Two more materials that are included in the exclusions listed in Schedule II of the EPR Registration for E-waste (Management) Rules, 2022: lead in medical devices (except implanted and contaminated items) and cadmium and lead in solar panels and cells.

Conclusion

In order to understand the producers, importers, and brand owners and the uncertainties that prevail throughout the EPR Application process, the present EPR regulations in India require tweaking. But the most urgent need is to fill the acknowledged gaps in public awareness that is related to the deteriorating environment, possible consequences of EPR registration for E-waste, and manufacturers’ responsibilities. Several countries have adopted this policy because it seems to work; for instance, Europe has ramped up its collection targets; thereby setting a good pace for countries like India. Our EPR Consultants at LegalRaasta know everything concerning the Extended Producers’ Responsibility (EPR) laws in India and will be ready to give detailed answers to your questions.