India Waste (Management) Second Amendment Rules, 2023

On July 25, 2023, India's Ministry of Environment, Forest and Climate Change issued a significant notification amending the E-Waste (Management) Rules, 2022. This latest amendment is formally referred to as the "E-Waste (Management) Second Amendment Rules, 2023," and it took effect on the date of its publication. The primary focus of this amendment is the revision of the exemption list for electrical and electronic equipment (EEE) items under the Restriction of Hazardous Substances (RoHS) rules.

The amendment introduces two schedules, namely Schedule-I and Schedule-II, which provide a detailed account of the products and their applications exempted from the requirements outlined in sub-rule 1 of rule 16 of the E-Waste (Management) Rules, 2022.

Furthermore, sub-rule 1 of the amendment contains important provisions:

India RoHS Exemption for Components and Spares:

This sub-rule stipulates that the requirements laid out in sub-rule 1 do not apply to components or spares that are essential for electrical and electronic equipment specified in Schedule II B placed in the market on or before the 1st May 2014. Schedule II B meticulously details the electrical and electronic equipment for which components, consumables, parts, or spares are exempted from the provisions of sub-rule (1) of rule 16 of the E-Waste (Management) Rules, 2022. These include:

• Electrical and electronic equipment used in medical, scientific, and industrial applications, including laboratory equipment.
• Electrical and electronic equipment used in defense applications.
• Electrical and electronic equipment used in space applications.
• Electrical and electronic equipment used in nuclear power plants.
• Electrical and electronic equipment used in railway applications.
• Electrical and electronic equipment used in telecommunications applications.
• Electrical and electronic equipment used in solar photovoltaic applications.
• Electrical and electronic equipment used in wind power applications.
• Electrical and electronic equipment used in other renewable energy applications.
• Electrical and electronic equipment used in critical infrastructure applications.
• Electrical and electronic equipment used in other applications where the use of reduction of hazardous substances (RoHS) compliant parts and spares is not feasible or technically viable.

Extension for Certain Equipment:

Sub-rule 1 also extends an exemption to electrical and electronic equipment specified in Schedule II C. These items are not subject to the provisions of sub-rule 1 if they were placed in the market on or before April 1, 2025.

India RoHS List of Exempted Equipments.

As part of Schedule II C, a comprehensive list of electrical and electronic equipment that benefit from this exemption has been provided. This list includes a wide range of items, such as:

• Televisions
• Refrigerators
• Air conditioners
• Washing machines
• Computers
• Laptops
• Printers
• Scanners
• Fax machines
• Mobile phones
• Tablets
• Digital cameras
• Electronic toys
• Medical equipment
• Laboratory equipment
• Industrial equipment
• Defence equipment
• Space equipment
• Nuclear power plant equipment
• Railway equipment
• Telecommunications equipment
• Solar photovoltaic equipment
• Wind power equipment
• Other renewable energy equipment
• Critical infrastructure equipment

Additional information regarding the exemption list contained in Schedule II can be located within the E-Waste (Management) Rules of 2022.

This recent amendment to the E-Waste (Management) Rules, 2022, demonstrates India's commitment to evolving environmental regulations and ensuring the proper management of electronic waste. It aims to strike a balance between environmental responsibility and the practical needs of businesses, particularly those related to electrical and electronic equipment. Manufacturers, importers, and other stakeholders in this industry should carefully review these amendments to ensure compliance with the updated rules and exemption lists.