Rule, 2023
A rule made under the The Environment (Protection) Act, 1986.
Made under The Environment (Protection) Act, 1986.
Text
Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 428] NEW DELHI, TUESDAY, JULY 25, 2023/SHRAVANA 3, 1945
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 Government 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 refrigerant 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), the 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 Central 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 components 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 available. (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 consumables 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 (13), 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 Schedules 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 into 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 electrodes
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 mercury 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 metallic 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.
[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 equipment:
1. Centralized data processing: Mainframes, Minicomputers ITEW1
2. Personal Computing: Personal Computers (Central Processing unit with input and output devices)
3. Personal Computing: Laptop Computers (Central Processing unit with input and output devices)
4. Personal Computing: Notebook Computers ITEW4
5. Personal Computing: Notepad Computers ITEW5
6. Printers including cartridges ITEW6
8. Electrical and Electronic Typewriters ITEW8
9. User terminal and Systems ITEW9
10. Facsimile ITEW10
11. Telex ITEW11
12. Telephones ITEW12 Consumer Electrical and Electronics and Photovoltaic Panels:
17. Television sets (including sets based on Liquid Crystal Display and light Emitting Diode Technology)
18. Refrigerator CEEW2
20. Air- Conditioners excluding centralised air conditioning plants CEEW4
21. Fluorescent and other Mercury containing lamps CEEW5 [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
2. BTS (all components excluding structure of tower) ITEW18
4. Phablets ITEW20
5. Scanners ITEW21
6. Routers ITEW22
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
14. Set top Boxes CEEW8
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
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
23. Low pressure sodium lamps CEEW17
24. Other lighting or equipment for the purpose of spreading or controlling light excluding filament bulbs 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
30. Dish Washing Machines LSEEW5
33. Electric hot plates LSEEW8
34. Microwaves, Microwave Oven LSEEW9
35. Other large appliances used for cooking and other processing of food LSEEW10
36. Electric heating appliances LSEEW11
38. Other large appliances for heating rooms, beds, seating furniture LSEEW13
40. Other fanning, exhaust ventilation and conditioning equipment LSEEW15
43. Other appliances for cleaning LSEEW18
44. Appliances used for sewing, knitting, 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
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. Automatic dispensers for money LSEEW28
54. All appliances which deliver automatically all kinds of products LSEEW29
55. Indoor air purifier LSEEW30 Electrical and Electronic Tools (With the exception of large- Scale Stationary Industrial Tools)
60. Drills EETW1
61. Saws EETW2
63. Equipment for turning, milling, sanding, grinding, sawing, cutting, shearing, drilling, making holes, punching, folding, bending or similar processing of wood, metal and other materials
64. Tools for riveting, nailing or screwing or removing rivets, nails, screws or similar uses
65. Tools for welding, soldering, or similar use EETW6
66. Equipment for spraying, spreading, dispersing or other treatment of liquid or gaseous substance by other means
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
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. Pulmonary 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 Tomography (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, monitoring, 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 potential of sex selection and their accessories
MDW10
Laboratory Instruments
85. Equipment having electrical and electronic components LIW2’’. 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.
and Published by the Controller of Publications, Delhi-110054.
MANOJ KUMAR VERMA
Provisions this rule answers to
Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.
- Environment (Protection) Act s. 6 Rules to regulate environmental pollution — made under this
- Environment (Protection) Act s. 8 Persons handling hazardous substances to comply with procedural safeguards — made under this
- Environment (Protection) Act s. 25 Power to make rules — made under this
- Environment (Protection) Act s. 3 Power of Central Government to take measures to protect and improve environment
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