E-Waste EPR for Importers: What You Must Do

If you import electrical or electronic equipment into India, whether laptops, phones, televisions, appliances, lighting, tools, toys, medical devices or components, you are very likely a producer under the E-Waste (Management) Rules, 2022. That means you must register on the Central Pollution Control Board's e-waste portal, report what you place on the market, and meet a yearly recycling target by buying certificates from registered recyclers. Importers who do not register have had shipments held at ports and received notices for environmental compensation.

This guide is written for importers. It explains why importers are producers, which products are covered, how to register before the first consignment, how targets work for new importers, what to do with held shipments, and how to protect yourself in contracts. For the general rules, see e-waste EPR.

For importers at a glance

Why importers are producers

The rules define a producer to include any person who imports electrical and electronic equipment listed in Schedule I. The obligation attaches to the person who places the equipment on the Indian market through import, whether it sells to consumers, distributors or businesses. A foreign manufacturer without an Indian entity cannot register itself in the usual way, so its Indian importer usually carries the obligation, unless the arrangement is structured through an Indian subsidiary or authorised representative that registers as the producer.

Importers who sell only to businesses sometimes assume their buyers carry the obligation. Under the rules, the importer remains the producer. Contracts can pass on costs, but not the legal duty.

Covered products and codes

Schedule I lists the categories of equipment covered, with codes and average lives that determine how the obligation is calculated. The list covers information technology and telecommunication equipment, consumer electrical and electronics, large and small electrical and electronic tools, medical devices, laboratory instruments, electrical and electronic toys and sports equipment, and lighting, among others, and has been expanded over time. Solar photovoltaic modules are dealt with in a separate chapter. Before importing a new product, check which code applies, because the code affects the target and the reporting.

Getting ready to import

Targets for new and growing importers

For established producers, targets are a percentage of the estimated end-of-life quantity of equipment placed on the market in earlier years, based on each product's average life: 60 per cent for 2023-24 and 2024-25, 70 per cent for 2025-26 and 2026-27, and 80 per cent from 2027-28. For new importers, whose products have not yet reached end of life, the rules provide a different basis, often linked to sales in the current period. Rapidly growing importers should forecast how their obligation will grow as earlier imports reach end of life, and budget for certificates accordingly.

Common import situations

Held shipments and notices

If a consignment is held because the importer is not registered, apply for registration immediately with complete documents, and write to customs with the application details, asking for provisional clearance if possible. Customs practice varies, and some consignments are cleared only after registration is granted. Storage and demurrage costs mount quickly, so speed matters. If the CPCB issues a notice for importing without registration, respond with the registration status, the quantities imported, and a plan to meet the obligation, including purchase of certificates for the period. See CPCB EPR matters.

Contracts with suppliers and buyers

Importers should address EPR in their contracts. With foreign suppliers, agree who pays for certificates, how product weights and codes will be provided, and what happens if the supplier changes the product. With Indian buyers and distributors, decide whether EPR costs are built into price or charged separately. If you appoint an authorised representative or work through a group company, document who is the registered producer, so that obligations are not missed or duplicated.

Buying certificates as an importer

Importers meet their targets by buying EPR certificates generated by registered recyclers for e-waste actually recycled. Because certificates have value, the CPCB has audited recyclers and cancelled certificates where recycling claimed exceeded capacity or records did not match. If a certificate you bought is cancelled, your target is treated as unmet. Importers, especially those without a large compliance team, should buy only from recyclers whose registration and capacity have been verified, ask for evidence of the e-waste processed, avoid prices well below the market, and include warranties and indemnities in contracts.

The government has also introduced pricing rules for e-waste EPR certificates, with floor and ceiling prices, which some producers have challenged in the Delhi High Court. Until the court decides otherwise, importers should follow the rules and build price adjustment clauses into certificate contracts.

Returns, records and audits

After registration, importers must file returns on the portal as the rules require, reporting quantities placed on the market and certificates acquired. Records should link each consignment, by bill of entry, to the product codes and weights reported. Where a product is re-exported, or returned to the supplier, the rules may allow adjustment, but only with evidence. The CPCB can audit producers, and discrepancies between customs data and portal data attract notices. A simple monthly reconciliation of imports, sales and reported quantities prevents most problems. See CPCB EPR matters.

What to keep for each consignment

Before your next consignment