LEGAL OPINION BY CEERA TO THE MINISTRY ON “E-WASTE UNDER THE TECHNICAL GUIDELINES OF THE BASEL CONVENTION”
Ministry of Environment, Forest and Climate Change invited CEERA’s legal opinion on the definition of E-Waste under the Technical Guidelines of the Basel Convention.
The Ministry of Environment, Forest and Climate Change had sought a legal opinion from Prof. (Dr.) Sairam Bhat, Coordinator, CEERA, NLSIU regarding the inclusion of ‘used electrical equipment’ under the definition of e-waste under the TECHNICAL GUIDELINES ON TRANSBOUNDARY MOVEMENTS OF ELECTRICAL AND ELECTRONIC WASTE AND USED ELECTRICAL AND ELECTRONIC EQUIPMENT, IN PARTICULAR REGARDING THE DISTINCTION BETWEEN WASTE AND NON-WASTE UNDER THE BASEL CONVENTION. The Technical Guidelines were adopted on an interim basis, at the fourteenth meeting of the Conference of the Parties by decision BC-14/5 held at Geneva from 29 April to 10 May 2019.
The Centre has sent its opinion to the Ministry in April 2020, which primarily comprises of the following components:
- FACTS AND CIRCUMSTANCES
- QUERY -WHETHER USED-EQUIPMENT CAN BE INCLUDED IN THE DEFINITION OF E-WASTE UNDER THE TECHNICAL GUIDELINES?
- APPLICABLE LAW
- Relevant Extracts of E-Waste (Management) Rules, 2016 (Hereinafter, “E-Waste Rules”)
- Relevant Extracts of Technical guidelines on transboundary movements of electrical and electronic waste and used electrical and electronic equipment, in particular regarding the distinction between waste and non-waste under the Basel Convention.
- CEERA’s OPINION WHETHER USED-EQUIPMENT CAN BE INCLUDED IN THE DEFINITION OF E-WASTE UNDER THE TECHNICAL GUIDELINES?
- FURTHER SUGGESTIVE STEPS/COURSE OF ACTION-Amendment to the Definition of E-Waste .