What is the Applicability of Extended Producer Responsibilities?
Extended Producer Responsibility [EPR] is a legislative strategy implemented by industrialized nations in order to encourage and promote the reuse, recycling, and eco-friendly disposal of electronic and polymer waste. EPR lays the responsibility of disposing of this waste on the manufacturer of the goods itself. EPR rules are put in place to ensure that the manufacturer/producers take the responsibility of minimizing the impact of the waste generated by their products.
The producers are required to collect back the waste generated from their products when such products reach the end of their life cycle. This can be done either by promoting the collection (take-back process) of the waste generated post the consumption of their products or by encouraging the recycling of such products in the most eco-friendly manner possible. Recycling should be done or assigned only to the recyclers registered with the respective Pollution control committee or Board.
EPR is issued by the central pollution control board (CPCB) to producers who are responsible for the generation of e-waste or plastic waste or polymer waste or bulk users of these wastes.
As per E-waste management (Management) rule, 2016 EPR authorization means permission for generation, handling, collection, reception, storage, transportation, refurbishing, dismantling, recycling, treatment, and disposal of e-waste, granted to the manufacturer, dismantler, refurbisher, and recycler;
EPR is an E-Waste channeling registration provided under CPCB (Central Pollution Control Board). EPR shall apply to all manufacturers, importers, suppliers/dealers, users, bulk consumer, distributors, e-retailers engaged in the manufacture, sale, transition, storage, and processing of e-waste or electrical and electronic equipment specified in Schedule 1, including its components, consumables, and spare parts.
- Bulk consumer means the majority of consumers of electrical and electronic devices, such as central government or government agencies, public sector companies, banks, educational institutions, international organizations, international agencies, partnerships and public or private companies registered under the Factories Act of 1948 (63 of 1948) and the Companies Act of 2013 (18 of 2013) and health-care facilities with a turnover of more than one crore or more than 20 employees;
- Collection Center means a center or collection point or both established by the producer individually or as an association to collect e-waste in order to channel the e-waste to the recycler and to play the role stated in the producer's Extended Producer Authorisation and have facilities in compliance with the guidelines of the Central Pollution Control Board, including the collection center formed by the dismantler or recycler, which should form part of their authorization issued by the State Pollution Control Board where the facilities are situated;
- Dealer means any individual or company that purchases or receives electrical and electronic equipment and its components or consumables or parts or spare parts from producers for sale as listed in Schedule I of these Rules;
- E-retailer means a person or business organization that uses the Internet, telephone, electronic network to sell its goods;
- Manufacturer means an individual or organization or business as specified in the Companies Act, 2013 (2013) or business as specified in the Factories Act, 1948 (1948) or Small and Medium Enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (2006), which has electrical and electronic equipment manufacturing facilities
- Producer means any person who, irrespective of the selling technique used, such as distributor, seller, e-retailer, etc.;
a. manufactures and offers to sell electrical and electronic equipment and its components or consumables or parts or spare parts under its own brand; or
b. offers to sell electrical and electronic equipment assembled under its own name, and its components or consumables or parts or spare parts manufactured by other manufacturers or suppliers; or
c. offers to sell imported electrical and electronic equipment and its components or consumables or parts or spare parts;
7. Recycler means any individual engaged in the recycling and reprocessing of electrical and electronic waste equipment or assemblies or components thereof and having facilities as laid down in the Central Pollution Control Board guidelines;
8. Refurbisher means any company or undertaking registered under the Factories Act, 1948, or the Companies Act, 1956, or both or district industrial centers engaged in the refurbishment of used electrical and electronic equipment for the purposes of those rules.