HC refuses to exempt CFL firms from applying for authorisation

CFL bulb manufacturers would have to apply to Central Pollution Control Board (CPCB) for nod to market their products, Delhi High Court said today, observing that they cannot be exempted under the new e-waste management rules.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said participating in the process would not cause any prejudice to the manufacturers and asked the CPCB to proceed with evaluating the applications and plans of the CFL firms, including Philips Lighting, Havells and Surya.
The bench directed CPCB not to pass any order refusing to grant them authorisation until further orders of the court.

Under Rule 13 of the new e-waste rules, CFL firms have to apply for Extended Producer Responsibility (EPR) - Authorisation, to place their products in the market.
The bench was of the view that "Rule 13 provides for a mechanism to explore the best practices for collection and processing of e-waste with the participation of the producers of electrical and electronic equipment" and by postponing the process under this rule, the very purpose and object sought to be achieved by the new rules "would be defeated".
"Therefore, the petitioners cannot be exempted from participating in the procedure contemplated under Rule 13 pending the writ petition," it said, while disposing of the firms' application seeking stay on operation of Rule 13.

The court, while directing the firms to apply for the authorisation, made it clear that "all further steps taken under the Rules qua the producers/manufacturers of fluorescent and other mercury containing bulbs shall be subject to the result of the main writ petition".

The application and petition was filed by the Electric Lamp and Component Manufacturers' Association and several CFL firms challenging the new e-waste rules, notified on March 23, which makes them responsible for collection of fluorescent and mercury containing bulbs at their 'end-of-life'.
The firms, in their plea, have said that 'end-of-life' factor, which is the "trigger" for collection of bulbs, is "uncertain" as "such an event lies in hands of the consumer".

They have claimed that collection of compact fluorescent lamps (CFLs) was the responsibility of the local and municipal bodies which has now been "illegally shifted" upon them.
The Centre on the other hand contended that manufacturers of CFL bulbs complied with similar regulations in Europe and other countries.
It had earlier told the court that CFL bulb producers were responsible for collecting them on expiry to check leakage of e-waste to informal sector or unauthorised players under the new e-waste management rules.