Indian Government Proposes Ewaste Producer Responsibility

On 28 April 2010 the Government of India Ministry of Environment and Forests (MoEF) in New Delhi issued a draft rule on the management and handling of waste electrical and electronic equipment (called WEEE in Europe but e-waste in India) for a 60-day period of public consultation. The draft 'E-waste (Management and Handling) Rule 2010' is based on the Extended Producer Responsibility principle and is the first such legislation to be put forward by a developing country. According to Abhishek Pratap, Toxics Campaigner Greenpeace India, 'it will not only control the generation of waste at the end stage but also leads to green electronic products in the market.'

Under the proposals, producers would for the first time be responsible for the entire life-cycle of the product from design to waste. The draft rule also includes a provision for the reduction of certain hazardous substances in electrical and electronic equipment to below prescribed limits and imposes a ban on the import of all used electronic equipment for charity purposes. These provisions are all issues on which Greenpeace India has been campaigning for the last four years. The draft rule is based on the recommendations made by Greenpeace together with the Indian Manufacturers' Association for Information Technology (MAIT), the German sustainable development promoter GTZ and the Indian environmental non-governmental organisation, Toxics Link, and support from all the major electronic companies in India. The Greenpeace campaign has already resulted in the setting up of a wide range of voluntary take-back and recycling programmes by major electronics manufacturers in India. This in turn has led to an increase in the number of green products on the Indian and global market.

However there are two aspects of the draft rule which Greenpeace believes require further refinement and clarity. The first is the legal ambiguity on financial responsibility of the producers for their historic and future waste – a loophole which Greenpeace fears could be exploited by the producers to duck their responsibilities. The second is the limits set for the reduction of hazardous substances in electrical and electronic equipment. Instead of adopting the European Union limits which are considered a global standard, the Indian Government has chosen different ones: Greenpeace believes that non-adoption of the EU standard could be detrimental for the growth of the Indian electronics sector at an international level.

Greenpeace is inviting stakeholders to consultation events in different cities around India to provide feedback and suggestions for submission to MoEF.

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