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Core Purpose

Notification of the E-Waste (Management) Second Amendment Rules, 2023, amending the E-Waste (Management) Rules, 2022 under the Environment (Protection) Act, 1986.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, by notification G.S.R. 534(E) dated 24th July 2023, exercises powers under sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (4) of rule 5 of the Environment (Protection) Rules, 1986 to make the 'E-Waste (Management) Second Amendment Rules, 2023,' effective on publication, amending the E-Waste (Management) Rules, 2022; the amendments insert new clauses in rules 5, 7 and 9 requiring secure, accountable and sustainable management of refrigerant generated during manufacture and at end-of-life of refrigeration/air-conditioning equipment per Central Pollution Control Board guidelines; amend rule 14(1)(ii) to add a conversion-factor determination method (per CPCB guidelines with Steering Committee approval) for extended producer responsibility certificates where recycling yields multiple end products; substitute rule 16(2) to exempt Schedule-IIB components/consumables/parts/spares placed in the market on or before 1st May 2014 (where compliant alternatives are unavailable), and insert new rule 16(2A) exempting Schedule-IIC equipment placed on or before 1st April 2025 and rule 16(2B) exempting related components until 1st April 2028; omit Serial No. 37 from the Table in Schedule-II; and insert new Schedule-IIA (listing hazardous-substance exemptions for medical devices and monitoring/laboratory instruments involving ionising radiation, sensors, electrodes and related components, 24 items), Schedule-IIB (categories of IT/telecommunication and consumer electrical/electronic/photovoltaic equipment with codes ITEW1-ITEW16 and CEEW1-CEEW5), and Schedule-IIC (additional IT/telecommunication, consumer electronics, large/small appliances, electrical/electronic tools, toys/leisure/sports equipment, medical devices and laboratory instrument categories with codes ITEW17-ITEW27, CEEW6-CEEW19, LSEEW1-LSEEW34, EETW1-EETW8, TLSEW1-TLSEW6, MDW1-MDW10 and LIW1-LIW2); the principal E-Waste (Management) Rules, 2022 were published vide G.S.R. 801(E) dated 2nd November 2022 and previously amended vide G.S.R. 61(E) dated 30th January 2023; the notification is signed by Naresh Pal Gangwar, Additional Secretary.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 428] NEW DELHI, TUES DAY, JULY 25, 2023/ SHRAVANA 3, 194 5 CG-DL-E-25072023-247586 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 24 July, 2023 G.S.R. 534(E).— In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub -rule (4) of rule 5 of the Environment (Protection) Rules, 1986, the Central Governm ent hereby makes the following rules further to amend the E-Waste (Management) Rules, 2022 , namely: 1. (1) These rules may be called E -Waste (Management) Second Amendment Rules, 2023 . (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the E -Waste (Management) Rules, 2022 (hereinafter referred to as the said rules) , in rule 5, after clause (3), the following clause shall be inserted, namely: - “ (4) ensure secure, accountable and sustainable management of refrig erant generated during the manufacture of refrigeration and air -conditioning equipment by adopting approved destruction technologies as per the guidelines issued by the Central Pollution Control Board.”. 3. In rule 7 of the said rules, after clause (4), th e following clause shall be inserted, namely: - “ (5) ensure secure, accountable and sustainable management of refrigerant generated from the end -of life refrigeration and air -conditioning equipment by adopting approved destruction technologies as per the guidelines issued by the Central Pollution Control Board.”. 4. In rule 9 of the said rules, after clause (10), the following clause shall be inserted, namely: - “ (11) ensure secure, accountable and sustainable management of refrigerant generated from the end-of life refrigeration and air -conditioning equipment by adopting approved destruction technologies as per the guidelines issued by the Central Pollution Control Board.”. 5. In rule 14 of the said rules, in sub -rule (1), in clause (ii), after sub -clause (b), the following sub -clause shall be inserted, namely: - “ (c) In case of multiple end products of recycling, the conversion factor for generation of extended producer responsibility certificate shall be determined as per the guidelines issued by the C entral Pollution Control Board with the approval of the Steering Committee.”. 6. In rule 16 of the said rules, - (a) for sub -rule (2), the following sub -rules shall be substituted, namely: - ‘‘(2) The provisions of sub -rule (1) shall not apply to c omponents or consumables or parts or spares required for electrical and electronic equipment specified in Schedule – II B placed in the market on or before the 1st May, 2014 provided reduction of hazardous substances compliant parts and spares are not ava ilable. (2A) The provisions of sub -rule (1) shall not apply to electrical and electronic equipment specified in Schedule – II C placed in the market on or before the 1st April, 2025. (2B) The provisions of sub -rule (1) shall not apply to components or con sumables or parts or spares required for electrical and electronic equipment referred in sub -rule (2A) till the 1st April, 2028, provided reduction of hazardous substances compliant parts and spares are not available.’’. (b) in sub -rule (3) and sub -rule (1 3), after the words “Schedule II”, the words “and Schedule II A” shall be inserted. 7. In Schedule -II to the said rules, in the Table, S.No. 37 and the entries relating thereto shall be omitted. 8. After Schedule - II to the said rules, the following Sch edules shall be inserted, namely: - ‘‘Schedule -II A [See rules 16(3), 16(13)] Applications exempted from the provisions of sub -rule 1 of rule 16 specific to medical devices and monitoring and control instruments including laboratory equipment as listed in Schedule - I Sl. No. Categories of electrical and electronic equipment Equipment utilising or detecting ionising radiation : 1. Lead, cadmium and mercury in detectors for ionising radiation. 2. Lead bearings in X -ray tubes. 3. Lead in electromagnetic radiation amplification devices: micro -channel plate and capillary plate. 4. Lead in glass frit of X -ray tubes and image intensifiers and lead in glass frit binder for assembly of gas lasers and for vacuum tubes that convert electromagnetic radiation int o electrons. 5. Lead in shielding for ionising radiation. 6. Lead in X -ray test objects. 7. Lead stearate X -ray diffraction crystals. 8. Radioactive cadmium isotope source for portable X -ray fluorescence spectrometers. Sensors, detectors and electro des 9. Lead and cadmium in ion selective electrodes including glass of pH electrodes. 10. Lead anodes in electrochemical oxygen sensors. 11. Lead, cadmium and mercury in infra -red light detectors. 12. Mercury in reference electrodes: low chloride mercu ry chloride, mercury sulphate and mercury oxide. Others 13. Cadmium in helium -cadmium lasers. 14. Lead and cadmium in atomic absorption spectroscopy lamps. 15. Lead in alloys as a superconductor and thermal conductor in MRI. 16. Lead and cadmium in m etallic bonds to superconducting materials in MRI and SQUID detectors. 17. Lead in counterweights. 18. Lead in single crystal piezoelectric materials for ultrasonic transducers. 19. Lead in solders for bonding to ultrasonic transducers. 20. Mercury in very high accuracy capacitance and loss measurement bridges and in high frequency RF switches and relays in monitoring and control instruments not exceeding 20 mg of mercury per switch or relay. 21. Lead in solders in portable emergency defibrillators. 22. Lead in solders of high performance infrared imaging modules to detect in the range 8 -14 μm. 23. Lead in Liquid crystal on silicon (LCoS) displays. 24. Cadmium in X -ray measurement filters. SCHEDULE – II B [See rule 16 (2)] Categories of electrical and electronic equipment including their components, consumables, parts and spares covered under the rules Sl. No. Categories of electrical and electronic equipment Electrical and electronic equipment code Information technology and telecommunication equ ipment : 1. Centralized data processing: Mainframes, Minicomputers ITEW1 2. Personal Computing: Personal Computers (Central Processing unit with input and output devices) ITEW2 3. Personal Computing: Laptop Computers (Central Processing unit with input and output devices) ITEW3 4. Personal Computing: Notebook Computers ITEW4 5. Personal Computing: Notepad Computers ITEW5 6. Printers including cartridges ITEW6 7. Copying Equipment ITEW7 8. Electrical and Electronic Typewriters ITEW8 9. User terminal and Systems ITEW9 10. Facsimile ITEW10 11. Telex ITEW11 12. Telephones ITEW12 13. Pay telephones ITEW13 14. Cordless telephones ITEW14 15. Cellular telephones ITEW15 16. Answering System ITEW16 Consumer Electrical and Electronics and Photovoltaic Panels: 17. Television sets (including sets based on Liquid Crystal Display and light Emitting Diode Technology) CEEW1 18. Refrigerator CEEW2 19. Washing Machine CEEW3 20. Air- Conditioners excluding centralised air conditioning plants CEEW4 21. Fluorescent and other Mercury containing lamps CEEW5 SCHEDULE – II C [See rules 16 (2A) and 16 (2B)] Categories of electrical and electronic equipment including their components, consumables, parts and spares covered under the rules Categories of electrical and electronic equipment Electrical and electronic equipment code Information technology and telecommunication equipment : 1. Products or equipment of transmitting sound, images or other information by telecommunications ITEW17 2. BTS (all components excluding structure of tower) ITEW18 3. Tablets, I -PAD ITEW19 4. Phablets ITEW20 5. Scanners ITEW21 6. Routers ITEW22 7. GPS ITEW23 8. UPS ITEW24 9. Inverter ITEW25 10. Modems ITEW26 11. Electronic data storage devices ITEW27 Consumer Electrical and Electronics and Photovoltaic Panels: 12. Screen, Electronic Photo frames, Electronic Display Panel, Monitors CEEW6 13. Radio sets CEEW7 14. Set top Boxes CEEW8 15. Video Cameras CEEW9 16. Video Recorders CEEW10 17. Hi-Fi Recorders CEEW11 18. Audio Amplifiers CEEW12 19. Other products or equipment for the purpose of recording or reproducing sound or images including signals and other technologies for the distribution of sound and image by telecommunications CEEW13 20. Solar panels/cells, sola r Photovoltaic panels/cells/modules. CEEW14 21. Luminaires for fluorescent lamps with the exception of luminaires in households CEEW15 22. High intensity discharge lamps, including pressure sodium lamps and metal halide lamps CEEW16 23. Low pressure sod ium lamps CEEW17 24. Other lighting or equipment for the purpose of spreading or controlling light excluding filament bulbs CEEW18 25. Digital camera CEEW19 Large and Small Electrical and Electronic Equipment 26. Large cooling appliances LSEEW1 27. Freezers LSEEW2 28. Other large appliances used for refrigeration, conservation and storage of food LSEEW3 29. Clothes dryers LSEEW4 30. Dish Washing Machines LSEEW5 31. Electric cookers LSEEW6 32. Electric stoves LSEEW7 33. Electric hot plates LSEEW 8 34. Microwaves, Microwave Oven LSEEW9 35. Other large appliances used for cooking and other processing of food LSEEW10 36. Electric heating appliances LSEEW11 37. Electric radiators LSEEW12 38. Other large appliances for heating rooms, beds, seating furniture LSEEW13 39. Electric fans LSEEW14 40. Other fanning, exhaust ventilation and conditioning equipment LSEEW15 41. Vacuum cleaners LSEEW16 42. Carpet sweepers LSEEW17 43. Other appliances for cleaning LSEEW18 44. Appliances used for sewing, k nitting, weaving and other processing for textiles LSEEW19 45. Iron and other appliances for ironing, mangling and other care of clothing LSEEW20 46. Grinders, coffee machines and equipment for opening or sealing containers or packages LSEEW21 47. Smoke detector LSEEW22 48. Heating Regulators LSEEW23 49. Thermostats LSEEW24 50. Automatic dispensers for hot drinks LSEEW25 51. Automatic dispensers for hot or cold bottles or cans LSEEW26 52. Automatic dispensers for solid products LSEEW27 53. Automat ic dispensers for money LSEEW28 54. All appliances which deliver automatically all kinds of products LSEEW29 55. Indoor air purifier LSEEW30 56. Hair dryer LSEEW31 57. Electric shaver LSEEW32 58. Electric kettle LSEEW33 59. Electronic display panels /board/visual display unit LSEEW34 Electrical and Electronic Tools (With the exception of large - Scale Stationary Industrial Tools) 60. Drills EETW1 61. Saws EETW2 62. Sewing Machines EETW3 63. Equipment for turning, milling, sanding, grinding, sawi ng, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials EETW4 64. Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses EETW5 65. Tools for wel ding, soldering, or similar use EETW6 66. Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substance by other means EETW7 67. Tools for mowing or other gardening activities EETW8 Toys, Leisure and Sports Equipment 68. Electrical trains or car racing sets TLSEW1 69. Hand -held video games consoles TLSEW2 70. Video games TLSEW3 71. Computers for biking, diving, running, rowing, etc. TLSEW4 72. Sports equipment with electric or electronic components TLSEW5 73. Coin slot machines TLSEW6 Medical Devices (With the Exception of All Implanted and Infected Products) 74. Radiotherapy equipment and accessories MDW1 75. Cardiology equipment and accessories MDW2 76. Dialysis equipment and accessories MDW3 77. Pulmonar y ventilators and accessories MDW4 78. Nuclear Medicine Equipment and accessories MDW5 79. Laboratory equipment for in vitro diagnosis and accessories MDW6 80. Analysers and accessories MDW7 81. Magnetic Resonance Imaging (MRI), Positron Emission Tomog raphy (PET) Scanner, Computed Tomography (CT) Scanner, & Ultrasound Equipment along with accessories MDW8 82. Fertilization tests equipment and accessories MDW9 83. Other electric appliances/equipment/kits used for preventing, screening, detecting, monit oring, evaluating, reviewing, examining, investigating, probing, treating illness sickness, disease, disorder, affliction, infection, injury, trauma, abuse or disability including the Mobiles, Tablets or any other device with the features having the potent ial of sex selection and their accessories MDW10 Laboratory Instruments 84. Gas analyser LIW1 85. Equipment having electrical and electronic components LIW2’’. [F. No. 12/136/2021 -HSMD] NARESH PAL GANGWAR , Addl. Secy . Note : The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), vide number G.S.R. 801(E), dated the 2nd November, 2022, subsequently amended vide number G.S.R. 61 (E), dated the 30th January, 2023. Uploaded by Dte. of Pr inting at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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