India Establishes EPR Framework for Key Metals Recycled from E-waste

On September 21, 2023, India’s Central Pollution Control Board (CPCB) released a notice on its website to introduce the framework for generation of EPR certificate for key metals recycled from E-waste under E-Waste (Management) Rules, 2022.

Accordingly, EPR certificates will be issued against the recycled key metals, which are limited to the following 3 groups in the initial two years:

• Precious metals: Gold (Au)

• Non-Ferrous: Copper and Aluminum

• Ferrous: Iron (including steel and galvanized iron)

EPR Obligation

The Producer shall fulfill their EPR obligations for key metals as per Annexture I to the notice. In doing so, it may purchase EPR certificates from a registered recycler. The purchased EPR certificates are limited to its extended producer responsibility liability of current year (Year Y) plus any leftover liability of preceding years plus 5% of the current year liability.

In case any Producer fulfils EPR Obligation in excess of the assigned target for gold in current financial year for the particular EEE item, say by X% which is equivalent to Y kg, then the Producer is left with two available options:

• Reduce EPR liability for gold by Y kg for that particular EEE item in next year; or

• Purchase less quantity of non-ferrous metals/ferrous metals, equivalent to X% of the EPR liability for that particular EEE item in current year.

Likewise, when failing to meet EPR obligations for gold in current year, say by X% which is equivalent to Y kg, the the Producer may:

• Increase EPR liability for gold by Y kg for that particular EEE item in next year; or

• Purchase more quantity of non-ferrous metals/ferrous metals, equivalent to X% of the EPR liability for that particular EEE item in current year.

The EPR obligations of Producer for 3 key metals are as follows: