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India adds new exemptions into RoHS rules
9 February 2023 
India
India
India partially amends RoHS regulations in order to adds new exemptions.
Introduction
As one of the BRICs countries, India has achieved remarkable economic growth in recent years. Along with economic growth, environmental pollution is increasing in the country. Various challenges have emerged, including air pollution in cities due to industrial development and vehicle emissions, degradation of water quality in the Ganges and other rivers, and an increase in waste (general waste, hazardous waste, waste electrical and electronic equipment, etc.) due to the growth of the urban population. India is also one of the largest emitters of greenhouse gases in the world. Therefore, while India is not under an obligation of international emission reduction, negligence in its efforts to reduce emissions is unacceptable. In order to deal with these environmental problems, India is taking proactive measures.
Environmental Policy
In addition to the Constitution, which provides for environmental protection, India developed the following environmental policies.
- National Forest Policy, 1988
- Policy Statement on Abatement of Pollution,1992
- National Conservation Strategy and Policy Statement on Environment and Development, 1992
- National Water Policy, 1987, 2002, 2012
The National Environment Policy, 2006 was formulated based on these policies. The objectives of the policy are as follows.
- Conservation of endangered environmental resources
- Guaranteeing the livelihoods of the poor (ensuring access to resources)
- Sustainable use of resources
- Integration of environmental issues with economic and social development
- Efficient use of resources
- Improvement of environmental governance
- Improvement of resources for environmental conservation
Ministry of Environment, Forest and Climate Change is as the implementing agency for the policy.
These policies are not legally binding, but serve as guidelines for the central and state governments.
Legal Framework
The main legal regime in India is shown in the following chart. The Indian legal system consists of Acts approved by the Parliament, Rules made by the relevant ministries and agencies to implement the laws, and Notifications made by the relevant ministries and agencies within their powers.
The Constitution of India is the supreme law in the country. The Constitution consists of a total of 395 articles and annexes and is a massive document. The Constitution is frequently amended in India, and since it came into force in 1950, it has been amended 103 times as of August 2020.
Following the United Nations Conference on the Human Environment held in Stockholm in 1972 and the adoption of the Declaration on the Human Environment, India became the first country in the world to include provisions on environmental protection (Article 48A, Article 51A(g)) when it amended the Constitution in 1976.
“48A. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.”
“51A. It shall be the duty of every citizen of India–
—
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
–”
These provisions provide for the imposition of environmental protection obligations on the government and citizens. On the other hand, there is no provision in the Constitution recognizing the right to the enjoyment of a good environment. However, Article 21 guarantees individual liberty and the Indian judiciary, on the basis of the same Article, recognizes the right to enjoy a good environment as a fundamental human right.
“21. No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Constitution defines (1) areas over which the central government has exclusive supervisory authority, (2) areas over which state governments have exclusive supervisory authority, and (3) areas over which both governments have supervisory authority (Article 246), which are listed in Annex 7. List I (Union List) in the Annex lists the areas overseen by the central government, including defense and foreign affairs. List II (State List), which lists the areas overseen by state governments, includes public health and state public services. In relation to the environment, the state governments are empowered to supervise water, land, agriculture and fisheries, while forest and wildlife protection are listed in List III (Concurrent List), in which both the central and state governments have supervisory authority. In addition, state governments have oversight authority over water (e.g., water supply, irrigation water, hydroelectricity, etc.). In matters such as the management of rivers flowing through several states, the federal government is allowed to exercise oversight, subject to congressional approval.
Environmental laws and regulations
Environmental regulations existed in India even before the country gained independence in 1947. However, it was not until the United Nations Conference on the Human Environment in 1972 that environmental laws and regulations began to be formulated in earnest. The Water (Prevention and Control of Pollution) Act, 1974, was the beginning of the process. The Water Act was enacted to prevent water pollution in India, and the development of India’s environmental laws began with the control of water pollution. The Water Act prohibits discharge of pollutants into the water system in excess of the standards and provides for penalties for violators. Also, it provides for setting up a Central Pollution Control Board (CPCB) for the Central Government and a State Pollution Control Board (SPCB) for the State Governments.
In 1981, the Air (Prevention and Control of Pollution) Act, 1981 was enacted. The Air Act was enacted to prevent air pollution in India and empowers state governments to ban the use of polluting fuels and substances. It also gives the CPCB and SPCBs the authority to control air pollution.
In 1986, the Environment (Protection) Act, 1986, was enacted as a comprehensive environmental legislation. The purpose of the Act is to provide a framework for the prevention and control of various environmental problems such as water, air and soil, as well as for the coordination of central government agencies and state government agencies. Article 3 of the Act provides that “the Central Government shall have the power to take all such steps for the protection and improvement of the environment and for the prevention, control and abatement of environmental pollution as it may deem necessary or appropriate”. Article 25 also empowers the central government to make rules. Further, the Act also provides for penalties, and violation of the Act and its implementing rules is punishable by imprisonment for a maximum of five years or a fine of 100,000 rupees, or both (Article 15).
The implementing regulations of the Environment (Protection) Act, 1986 contain rules on a variety of areas such as waste, chemicals and noise, indicating that the Act is a comprehensive legislation covering a wide range of areas.
There are also the Public Liability Insurance Act, 1991, the Forest Conservation Act, 1980, the Biological Diversity Act 2002, and the Energy Conservation Act, 2001. Many of these kinds of environmental laws, particularly those related to nature conservation and pollution control, are administered by the Ministry of Environment, Forest and Climate Change (MoEFCC). On the other hand, some laws on energy conservation are administered by the Ministry of Power (MoP) and other ministries and agencies.
Index of India EHS
Framework of EHS laws and regulations in India.
| Category | Theme |
|---|---|
| Overall |
Overview, Environmental Standards India, Organizations with Governing Environmental Regulations |
| Chemical | Chemical Management |
| Waste | Waste Management |
| Energy | Energy Efficiency Regulation of Products |
| Product Designs | Product Designs in India |
| Water | Water Pollution Control |
| Air | Air Pollution Control |
| Other Pollution | Noise, Vibration and Odour Control |
| OSH | Occupational Safety and Health |
Posts of India
India to add responsibilities of state governments, facility managers, etc. in wastewater management of Common Effluent Treatment Plants
7 February 2023
India
India
On January 4, 2023, the Ministry of Environment, Forest and Climate Change (MoEFCC) of India announced a draft of the Regulation of Common Effluent Treatment Plants Rules, 2022, which regulates …
India amends energy labeling regulations for distribution transformers
current energy standard will apply until end of 2023
6 February 2023
India
India
On January 3, 2023, the Bureau of Energy Efficiency (BEE) of India published and enacted the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Distribution …
India extends application period for 5 products for energy efficiency labeling including commercial air conditioners, refrigerators, and tires
2 February 2023
India
India
On December 7, 26 and 27, 2022, the Bureau of Energy Efficiency (BEE) of India issued a notification extending the current energy efficiency evaluation framework for five items: light commercial …
India adopts QR codes in energy efficiency labeling program for products
Optional except for frost-free and direct cool refrigerators
2 February 2023
India
India
On December 5, 2022, the Bureau of Energy Efficiency (BEE) of India issued a notification to adopt QR codes in addition to energy efficiency labels under its “Standards & Labeling …
India’s Central Pollution Control Board announces General Framework for Imposing Environmental Damage Compensation
31 January 2023
India
India
In late December 2022, the Central Pollution Control Board (CPCB) of India issued the General Framework for Imposing Environmental Damage Compensation. This framework was developed based on an environmental court …
Indian national auditor, CAG holds gov. agencies responsible for inadequate risk assessment of wastes to public health, environment
30 January 2023
India
India
India’s national auditors, Comptroller and Auditor General (CAG) in a report titled “All India Audit Report on Waste Management” published on December 21, 2022 states that a performance audit revealed …
India introduces concept of carbon credit trading in Energy Conservation Act
Penal provisions are also subdivided
26 January 2023
India
India
On December 20, 2022, the Ministry of Law and Justice of India published the Energy Conservation (Amendment) Act, 2022. The amendment introduces the concept of carbon credit trading and adds …
India adopts standards for USB Type-C chargers, video surveillance systems
25 January 2023
India
India
India’s Ministry of Consumer Affairs, Food and Public Distribution on January 9, 2023 notified adoption of standards laid down by Bureau of Indian Standards (BIS) for USB Type C receptacles, …
India contacts Chemexcil with list of 110 chemicals for which it is considering issuing Quality Control Order
23 January 2023
India
India
On 26 December 2022, the Basic Chemicals, Cosmetics & Dyes Export Promotion Council (Chemexcil) of the Ministry of Commerce & Industry of India, in a notification addressed to the members …
India postpones effective date of QCO for air conditioners and related components, hermetic compressors and temperature sensing controls
20 January 2023
India
India
On December 22, 2022, the Indian Ministry of Commerce & Industry postponed the date of entry into force of the “Air Conditioner and its Related Parts, Hermetic Compressors and Temperature …
India further postpones effective date of Quality Control Order for toluene, terephthalic acid, and phthalic anhydride
19 January 2023
India
India
On December 21, 2022, the Ministry of Chemicals and Fertilizers of India further postponed the date of entry into force of the Quality Control Order (published on December 29, 2021) …
India amends regulations on energy efficiency labeling for stationary storage type electric water heaters
16 January 2023
India
India
On December 14, 2022, the Bureau of Energy Efficiency (BEE) of India published “Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Stationary Storage Type Electric …
India issues notification for new energy efficiency standard for storage type electric water heaters
to be applied from 2023
13 January 2023
India
India
On December 9, 2022, the Indian Ministry of Power issued a notification (S.O. 5772 (E).) setting a new energy efficiency standard for storage type electric water heaters.
India releases Ground Water Resource Assessment Report for 2022
Ground water recharge increases
10 January 2023
India
India
India to bring 16 product categories under QCO in 2023-24
26 December 2022
India
India
India’s Department for Promotion of Industry and Internal Trade (DPIIT) issued a notice on December 20, 2022, to bring 50 products under 16 categories under mandatory quality control order (QCOs) …
Indian Parliament approves Energy Conservation (Amendment) Bill 2022
20 December 2022
India
India
The Indian Parliament on December 12, passed the Energy Conservation (Amendment) Bill 2022 laying the legal framework for establishing a carbon credit market, mandatory use of non-fossil fuel including green …
India to partially revise water quality standards for treated wastewater at Common Effluent Treatment Plants
25 November 2022
India
India
On November 11, 2022, the Ministry of Environment, Forest and Climate Change of India issued a draft regulation “Environment (Protection) (Amendment) Rules, 2022” amending the water quality standards for treated …
India amends emission standards for new engines used for generator sets with 800kW or less
24 November 2022
India
India
On November 4, 2022, the Ministry of Environment, Forest and Climate Change of India published the “Environment (Protection) Third Amendment Rules, 2022” to revise the emission standards for fixed-speed or …
India announces proposed regulation mandating energy saving labeling for chillers
18 November 2022
India
India
On October 29, 2022, the Bureau of Energy Efficiency (BEE) of India issued a draft regulation “Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Chillers) …
India postpones implementation date of Quality Control Order for low-voltage switchgear and controlgear
To enter into force on 10 May 2023
15 November 2022
India
India
On November 1, 2022, the Ministry of Heavy Industries of India promulgated an order to postpone the effective date of the Electrical Equipment (Quality Control) Order 2020, which defines the …
India to make electric vehicle testing mandatory from 2023
11 November 2022
India
India
On November 02, 2022, Ministry of Heavy Industries of India issued a notice making testing of electric vehicles mandatory for enhanced human safety with effect from April 01, 2023. The …
India publishes New E-Waste Management Rules with expanded target products
Including higher targets for recycling and trading of EPR certificates
10 November 2022
India
India
On November 2, 2022, the Ministry of Environment, Forest and Climate Change of India published the “E-Waste (Management) Rules, 2022.” These Rules replace the current E-Waste (Management) Rules, 2016 and …
India postpones enforcement date of QCOs for ethylene vinyl acetate copolymers and maleic anhydride, etc.
28 October 2022
India
India
On October 3, 2022, the Ministry of Chemicals and Fertilizers of India published orders to postpone the date of enforcement of 12 Quality Control Orders (QCOs) for chemicals such as …
India applies new energy standards to refrigerators from 2023
25 October 2022
India
India
On September 27, 2022, the Ministry of Power of India issued a notification amending energy conservation standards for direct cooled and frost-free household and similar refrigerating appliances.
India amends Rules on registration and responsibilities of vehicle scrapping facilities
24 October 2022
India
India
On September 16, 2022, the Indian Ministry of Road Transport and Highways (MORTH) published and enforced the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Amendment Rules, 2022, which …
India extends deadline for implementing new EV battery standards, testing norms
14 October 2022
India
India
India’s Ministry of Road Transport and Highways has extended implementation deadline for mandatory standards and testing norms for electric vehicle (EV) batteries. The mandatory EV battery standards and testing norms …
India allows import of PET flakes on a conditional basis
Shift from a ban to a conditional permit
27 September 2022
India
India
On September 14, 2022, the Ministry of Commerce and Industry of India published Notification No.32/2015-2020, which permits PET flakes to be imported subject to approval from the Directorate General of …
India adds petrochemical product manufacturing units to Designated Consumers under Energy Conservation Act
22 September 2022
India
India
On September 7, 2022, the Ministry of Power of India issued a notification to add petrochemical production units such as fibre intermediates, polymers, performance plastics, and synthetic rubbers as “Designated …
India amends compliance timelines for SO2 emission standard and environmental compensation rates for thermal power plants
19 September 2022
India
India
On September 5, 2022, the Ministry of Environment, Forest and Climate Change of India (MoEFCC) published and enforced the “Environment (Protection) Second Amendment Rules, 2022”, which amend the compliance timelines …
India further postpones enactment date of QCOs for polyurethanes and polycarbonate, etc.
19 September 2022
India
India
On September 2, 2022, the Indian Ministry of Chemicals and Fertilizers issued an order further postponing the date of enactment of the Quality Control Order for Acrylonitrile Butadiene Styrene (ABS), …
India sets migration limits for antimony and DEHP in materials that come into contact with food
15 September 2022
India
India
On August 31, 2022, the Food Safety and Standards Authority of India (FSSAI) published and enforced the Food Safety and Standards (Packaging) Second Amendment Regulations, 2022, which set migration limits …
India proposes amendments on energy saving labeling for distribution transformers
9 September 2022
India
India
On August 26, 2022, the Bureau of Energy Efficiency (BEE) of India announced the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Distribution Transformer) Amendment …
India to mandate energy-saving labeling for Light Commercial Air Conditioners
8 September 2022
India
India
On August 24, 2022, the Bureau of Energy Efficiency (BEE) of India announced proposed regulations “Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of Light Commercial …
India amends standards for electric vehicle batteries
Technical requirements for ‘rechargeable electric energy storage systems’
7 September 2022
India
India
India’s Ministry of Road Transport and Highways on September 01, 2022 announced amendments to specific technical requirements for ‘rechargeable electric energy storage systems’ (REESS) or batteries for ‘M’ and ‘N” …
India issues new quality control order on hydrogen peroxide
2020 version is repealed
5 September 2022
India
India
On August 24, 2022, the Indian Ministry of Chemicals and Fertilizers published the Hydrogen Peroxide (Quality Control) Order 2022. This Order replaces the Hydrogen Peroxide (Quality Control) Order, 2020, and …
India published comprehensive battery waste management rules with Extended Producer Responsibility
Including batteries for automobile and industry
2 September 2022
India
India
On August 24, 2022, the Ministry of Environment, Forest and Climate Change of India published and enforced the Battery Waste Management Rules, 2022. These Rules cover all types of batteries, …
India solicits opinions on amendment to display two or more main constituents, etc. on packaged goods
Mechanical and electrical products are not to be included
31 August 2022
India
India
On August 16, 2022, the Indian Department of Consumer Affairs launched a solicitation for opinions on an amendment to display two or more of the main constituents of a product …
India to regulate Energy Saving Labeling for UHD Televisions
To mandate labeling from 2023
29 August 2022
India
India
On August 3, 2022, the Bureau of Energy Efficiency (BEE) of India announced the Bureau of Energy Efficiency (Particulars and Manner of their Display on Labels of UHD Television) Regulations, …
India to develop and promote renewable energy and carbon markets
Lok Sabha receives proposed amendments to Energy Conservation Act
26 August 2022
India
India
In India, a bill “the Energy Conservation (Amendment) Act, 2022”, was submitted to the Lok Sabha on August 3, 2022 to promote the development of renewable energy and the domestic …
India amends to add EPR for waste tyres
Introduction of EPR certificate purchase and sale and environmental compensation system
25 August 2022
India
India
On July 22, 2022, the Indian Ministry of Environment, Forestry and Climate Change (MoEFCC) published the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2022, which add extended …
India amends to allow information display on packaging of electronic products to be provided by QR code
Added to Legal Metrology (Packaged Commodities) Rules
27 July 2022
India
India
On July 14, 2022, the Ministry of Consumer Affairs, Food and Public Distribution of India published the Legal Metrology (Packaged Commodities) (Second Amendment) Rules, 2022, which amend Article 6 (Declarations …
India exempts labelling requirements for plastic packaging materials used in imported products
Plastic Waste Management Rules
26 July 2022
India
India
The Ministry of Environment, Forest and Climate Change of India published and enforced the Plastic Waste Management (Second Amendment) Rules, 2022 on July 7, 2022. This amendment exempts labelling requirements …
