Law Updates

Draft SoP on “Recycling of Waste Tyre Scrap for the production of Tyre Pyrolysis Oil in Tyre Pyrolysis Oil (TPO) Units

Background

Pyrolysis is a thermal degradation process carried out in the absence of oxygen/air in a vessel or a chamber so that the combustion of material does not take place. It is a process in which organic materials are thermally decomposed into simpler compounds in the temperature range of 400–5000 C in an oxygen-free atmosphere. Fig. 1 shows the schematic diagram of waste tyre pyrolysis process. Since the products of thermal decomposition is released at different temperature having varying molecular structure, the products are in all phases i.e. solid, liquid and gas. Pyrolysis of tyres and rubber products produce pyrolysis oils, pyrolysis gas (pyro- gas), carbon residue and steel. The product generated in tyre pyrolysis is as follows:

The Ministry of Health and Family Welfare on Tuesday notified draft amendment rules for the registration of Class A medical devices through an identified online portal established for the purpose.

All the A and B-class manufacturers are required to transition to the licensing regime by 1st October. This notification came as a big relief to the manufacturers who are still awaiting audits from the government licensing authorities.

The Key highlights of the draft amendment rules for Manufacturer

• The manufacturer has to only submit an undertaking stating that the proposed device is Class A Medical Device (non-sterile and/or non-measuring)
• The manufacturer shall self-certify that the product is conforming to the essential principles’ checklist of safety and performance of such devices.
• The manufacturer shall self-certify to comply with the standards prescribed in the Medical Devices Rules, 2017.

To encourage the ease of doing business in India, on 15th July 2022 the Department of Consumer Affairs vide the Legal Metrology (Packaged Commodities), (Second Amendment) Rules 2022 has allowed the electronics manufacturers, packers and importers to declare certain mandatory declarations through the QR Code for a period of 1 Year if the same are not declared on the package itself. 

(i): All the goods companies and producers of electronic goods have to ensure that at atleast of 60% of their produced electronic waste is collected and further recycled by the year 2023 with targets to further increase them to 70% and 80% in the year 2024 and 2025 respectively.

(ii): Now the PIBO (Producer, Importers and brand owners) have to register themselves on online portal with Central pollution control board and have to specify their annual production and e-waste collection targets.

(iii): In case the company fails to meet the annual targets as specified in the draft, then the company is liable to pay fine or an environmental compensation to the central pollution control board. However, the draft does not confirms the quantum of the said fines.

(iv): Even after three years, companies that fall short of their goals can meet a year's goal. Those who accomplish their targets with a year's delay will be repaid 85 percent of their fine after two years, 60 percent after the second year, and 30 percent after the third year.

(v): The EPR also mandates that makers establish e-waste exchange facilities to assist collection and recycling, as well as assigning explicit responsibility for safe disposal to bulk consumers of electronic devices.

(vi): The notification covers a wide range of electronic devices, including computers, landline and mobile phones, cameras, recorders, music systems, microwaves, refrigerators, photovoltaic cells and medical equipment.

(vii): The EPR also mandates that makers establish e-waste exchange facilities to assist collection and recycling, as well as assigning explicit responsibility for safe disposal to bulk consumers of electronic devices. The responsibility for earmarking industrial space for e-waste dismantling and recycling facilities, undertaking industrial skill development, and establishing measures to protect the health and safety of workers engaged in e-waste dismantling and recycling facilities has been entrusted to the state governments.

On 28 April 2022, the Bureau of Indian Standard published an update regarding the Surveillance to be conducted on all stakeholders registered with BIS

• According to the updated guidelines of market surveillance (BIS), the cost of samples and the testing fee of the sample drawn for surveillance shall be paid by the licensee.
• The charges associated with surveillance shall be collected in advance (interest fee) from the licensee so that the implementation process of Surveillance can be more effective and hassle-free.
• The surveillance cost for the product will be retained by BIS and refunded only at the time of expiry/cancellation of the license. 
• Actual invoices will be raised to the licensee/Authorized Indian Representative upon completion of procurement, packaging/transportation, and submission of samples to BIS/BIS recognized labs, against which payment will be made by the manufacturer/Authorized Indian Representative to replenish the cost incurred by BIS along with applicable taxes.
• The cost of surveillance is subject to periodic adjustment by BIS. All licensees must comply with the revised surveillance charges if they are revised.
• BIS is authorized to draw the samples from the open market. But for the foreign Manufactures, their Indian representative has to submit all the details of their distribution channel(s) including warehouses, wholesalers, retailers, etc.
• Once the test reports are obtained and deemed to be non-conforming to the applicable Standard(s), BIS will notify the licensee/Authorized Indian Representative, and steps will be taken in accordance with the procedures for dealing with surveillance samples' non-conformity(s).
• Once the surveillance procedure is completed and the test report is passed, the Licensee/Authorized Indian Representative will be notified via the portal to collect the sample from the concerned laboratory where the sample was sent for testing.
• Only once the surveillance process is completed will the licensee/Authorized Indian Representative be given information about the testing lab. If the licensee/Authorized Indian Representative fails to collect the samples, laboratories can dispose of them according to the BIS's Laboratory Recognition Scheme (LRS) disposal policy.

In the recent update from BIS received on 17th March 2022, the amendment against the old regulation of Conformity Assessment 2018 was issued.

The Conformity Assessment Amendment Regulation 2022 includes the introduction of a new scheme that is BIS Scheme X. The main highlights of the issued amendment are

• The Bureau may grant a certificate of conformity instead of a licence in case the product is not desired to be manufactured on a continuous basis and in such a case, the manufacturer shall not be authorised to use the Standard Mark.
• The manufacturer may opt for a demonstration of conformity of the management system to the specified requirements given in standard  
• Each product or the package or both shall be marked with the Standard Mark in case of licence
• The licence shall be granted initially for not less than three years and up to six years