Section 16 in The E-Waste (Management) Rules, 2016
16. Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares.
(1)Every producer of electrical and electronic equipment and their components or consumables or parts or spares listed in Schedule I shall ensure that, new Electrical and Electronic Equipment and their components or consumables or parts or spares do not contain Lead, Mercury, Cadmium, Hexavalent Chromium, polybrominated biphenyls and polybrominated diphenyl ethers beyond a maximum concentration value of 0.1% by weight in homogenous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers and of 0.01% by weight in homogeneous materials for cadmium.(2)Components or consumables or parts or spares required for the electrical and electronic equipment placed in the market prior to 1st May, 2014 may be exempted from the provisions of sub-rule (1) of rule 16 provided Reduction of Hazardous Substances compliant parts and spares are not available.(3)The applications listed in Schedule II shall be exempted from provisions of sub-rule (1) of rule 16.(4)Every producer of applications listed in Schedule II shall ensure that the limits of hazardous substances as given in Schedule II are to be complied.(5)Every producer shall provide the detailed information on the constituents of the equipment and their components or consumables or parts or spares along with a declaration of conformance to the Reduction of Hazardous Substances provisions in the product user documentation.(6)Imports or placement in the market for new electrical and electronic equipment shall be permitted only for those which are compliant to provisions of sub-rule (1) and sub rule (4) of rule 16.(7)Manufacture and supply of electrical and electronic equipment used for defence and other similar strategic applications shall be excluded from provisions of sub-rule (1) of rule 16.(8)Every producer while seeking Extended Producer Responsibility - Authorisation will provide information on the compliance of the provisions of sub-rule (1) of rule 16. This information shall be in terms of self-declaration.(9)[ Central Pollution Control Board may conduct random sampling of electrical and electronic equipment placed on the market to monitor and verify the compliance of Reduction of Hazardous Substances provisions and the cost for sample and testing shall be borne by the government for conducting the RoHS test. The procedure of random sampling and tolerance level value of RoHS test shall be as per the guidelines of Central Pollution Control Board.] [Substituted by Notification No. G.S.R. 1349(E), dated 30.10.2017 (w.e.f. 23.3.2016).](10)[If the product does not comply with Reduction of Hazardous Substances provisions, then the cost of the RoHS test will be borne by the Producers. In addition, the Producers shall take corrective measures to bring the product into compliance and withdraw or recall the product from the market, within a reasonable period as per the guidelines of the Central Pollution Control Board.] [Substituted by Notification No. G.S.R. 1349(E), dated 30.10.2017 (w.e.f. 23.3.2016).](11)Central Pollution Control Board shall publish the methods for sampling and analysis of Hazardous Substances as listed in sub-rule(1) of rule 16 with respect to the items listed in Schedule I and II and also enlist the labs for this purpose.
