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TaxTMI 
E-waste (Management) Rules 2022 - regarding release of imported consignments of producers of 85 EEEs items (ITEW 17 to ITEW 27, CEEW 6 to CEEW 19, LSEEW 1 to LSEEW 34, EETW 1 to EETW 8, TLSEW 1 to TLSEW6, MDW 1 to MDW 10 and LIW1 to LIW 2)
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....ement Rules, 2022 w.e.f. 01.04.2023 and related letters from Central Pollution Control Board (CPCB) vide File No. CP-22/25/2023-WM-III-HO-CPCB-HO dated 13.04.2023 and 09.05.2023 (copies enclosed). 2.1 Vide above-said letters, CPCB has informed of certain difficulties faced by producers (which includes importers) in registering on CPCB's EPR Portal (which is under up-gradation). 2.2 Hence, as an interim arrangement till 30.06.2023, CPCB has requested that Customs authorities release the import consignments of above said 85 EEE items (as given in schedule to E-Waste (Management) Rules, 2022), on submission of undertaking in the prescribed format (enclosed in letter dt. 13.04.2023) as follows: a. to submit the copy of online EPR Registration Certificate latest by 30.06.2023 b. that copy of the undertaking has already been mailed to CPCB's email-id ([email protected]) from the company authorised email id. 3. Further, CPCB has requested that the import consignments of producers of 21 EEEs item (ITEW1 to ITEW16 & CEEW1 to CEEW5) whose Extended Producers Responsibility Authorization (EPRA) issued under the E-Waste (Management) Rules, 2016 has expired may be released if th....
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....is requested that imported consignments of producers of 85 EEE items (ITEW 17 to ITEW 27, CEEW 6 to CEEW 19, LSEEW 1 to LSEEW 34, EETW 1 to EETW 8, TLSEW 1 to TLSEW 6, MDW 1 to MDW 10 and LIW 1 to LIW 2) may be released after taking an undertaking as per the enclosed format from the Producers as defined in the aforesaid Rules (which includes Importers) that they have submitted copy of the undertaking at the email id ([email protected]) and shall also submit the computerized and online generated EPR Registration Certificate from the concerned online portal of CPCB not later than one (1) month from the date of submission of the undertaking. Copy of the E-Waste (Management) Rules, 2022 is attached for ready reference. This is issued with the approval of the Competent Authority CPCB Encl: As above 1/2 Your's faithfully, Pavel K 14/2023 (Anand Kumar) Director & Divisional Head WM-III Division 83 Generated from eOffice by Rajesh Kumar GASQIRICI CUSTOM UNISECTION ASSISTANT SECTION OFFICERICUS CBEC on 17/05/2023 12:33 PM DLL.... PLA... 110032 D-IL: 440000 File No. 401/03/2023-Cus-III (Computer No. 300567087) 3130850/2023/Cus-IV Section Date: To The Commissioner ....
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....and in supersession of the E-waste (Management) Rules, 2016, except as respects things done or omitted to be done before such supersession, the Central Government hereby makes the following rules, namely: - 1. 2022. CHAPTER I PRELIMINARY Short title and commencement. - (1) These rules may be called the E-Waste (Management) Rules, (2) They shall come into force from the 1st day of April, 2023. - 2. Application. These rules shall apply to every manufacturer, producer refurbisher, dismantler and recycler involved in manufacture, sale, transfer, purchase, refurbishing, dismantling, recycling and processing of e-waste or electrical and electronic equipment listed in Schedule I, including their components, consumables, parts and spares which make the product operational but shall not apply to 3. (a) waste batteries as covered under the Battery Waste Management Rules, 2022; (b) packaging plastics as covered under the Plastic Waste Management Rules, 2016; (c) micro enterprise as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and (d) radio-active wastes as covered under the provisions of the Atomic Energy Act, 1962 (33 of 1962) and rules made there un....
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....uipment for the generation, transfer and measurements of the electricity; (k) ‘e-retailer' means an individual or company or business entity that uses an electronic network such as internet, social media, telephone or any other media, to sell its goods; (1) 'e-waste' means electrical and electronic equipment, including solar photo-voltaic modules or panels or cells, whole or in part discarded as waste, as well as rejects from manufacturing, refurbishment and repair processes; (m) ‘extended producer responsibility' means responsibility of any producer of electrical or electronic equipment as given in Schedule-I for meeting recycling targets as per Schedule-III and Schedule-IV, only through registered recyclers of e-waste to ensure environmentally sound management of such waste; (n) 'facility' means any location wherein the process incidental to the collection, reception, storage, segregation, refurbishing, recycling, disposal and treatment of e-waste are carried out; (o) 'historical e-waste' means e-waste generated from electrical and electronic equipment as specified in Schedule-I which was available on the date from which these rules come into force; (p) 'manufacturer'....
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....ol Board made in this regard; (v) 'refurbisher' means any person or entity repairing or assembling used electrical and electronic equipment as listed in Schedule-I for extending its working life over its originally intended life and for same use as originally intended, and selling the same in the market; (w) 'Schedule' means the Schedule appended to these rules; (x) 'spares' means a part or a sub-assembly or assembly for substitution which is ready to replace an identical or similar part or sub-assembly or assemblyincluding a component or an accessory; and (y) 'target' means the quantity of e-waste to be recycled through registered recycler by the producer in fulfilment of extended producer responsibility. (2) Words and expressions used in these rules and not defined but defined in the Act shall have the same meanings as respectively, as assigned to them in the Act. CHAPTER II 4. Extended Producer Responsibility Framework Registration. (1) The entities shall register on the portal in any of the following category, namely: - - (a) manufacturer; (b) producer; (c) refurbisher; or (d) recycler. (2) In case any entity falls in more than one categories under sub-rule (1), then the entity....
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....val of Steering Committee; 7. (3) creating awareness through media, publications, advertisements, posters or by any other means of communication; (4) file annual and quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter or year, as the case may be, to which the return relates. Responsibilities of the refurbisher. — All refurbisher shall have to, - (1) register on the portal; (2) collect e-waste generated during the process of refurbishing and hand over the waste to registered recycler and upload information on the portal; (3) ensure that the refurbished equipment shall be as per Compulsory Registration Scheme of the Ministry of Electronics and Information Technology and Standards of Bureau of Indian Standards framed for this purpose; (4) file annual and quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter or year, as the case may be, to which the return relates. Responsibilities of bulk consumer. - Bulk consumers of electrical and electronic equipment listed in Schedule I shall ensure that e-waste generated by them shall be handed over only to the registered pro....
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.... space or shed for e-waste dismantling andrecycling in the existing and upcoming industrial park, estate and industrial clusters. (2) Department of Labor in the State and Union territory or any other government agency authorised in this regard by the State Government or the Union territory, as the case may be, shall, - (a) ensure recognition and registration of workers involved in dismantlingand recycling; (b) assist formation of groups of such workers to facilitate setting up of dismantling facilities; (c) undertake industrial skill development activities for the workers involved in dismantling and recycling; (d) undertake annual monitoring and to ensure safety and health of workers involved in dismantling and recycling. CHAPTER IV 11. Procedure for storage of e-waste. - Every manufacturer, producer, refurbisher and recycler may store the e-waste for a period not exceeding one hundred and eighty days and shall maintain a record of sale, transfer and storage of e-wastes and make these records available for inspection and the storage of the e-waste shall be done as per the applicable rules or guidelines for the time being in force: Provided that the Central Pollution Control Board m....
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....n Control Board in this regard and the targets specified in Schedule-III and Schedule-IV. (3) (i) The producer shall fulfill their extended producer responsibility through online purchase of extended producer responsibility certificate from registered recyclers only and submit it online by filing quarterly return. (ii) The details provided by producer and registered recycler shall be cross-checked on the portal. (iii) In case of any difference, the lower figure shall be considered towards fulfilment of extended producer responsibility obligation of the producer. (iv) The certificates shall be subject to environmental audit by the Central Pollution Control Board or any other agencies authorized by the Central Pollution Control Board in this regard. - 14. Extended producer responsibility Certificate Generation. (1) Recycling. (i) The Central Pollution Control Board shall generate extended producer responsibility certificate through the portal in favour of a registered recycler in the format laid down by it in this regard. (ii) (a) The quantity eligible for generation of extended producer responsibility certificate shall be calculated by the following formula namely: *QEPR = QpX Cf *t....
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....d product. - Example: If a producer has extended producer responsibility obligation of 100 tonnes in the year 2023-2024 and he purchases recycling certificate of 60 tonnes and refurbishing certificate of 40 tonnes and the concerned item has extended life of five years due to refurbishing. In this case 60 tonnes of the extended producer responsibility of the producer shall be achieved in the year 2023-2024 itself and 75 per cent of the reaming 40 tonne i.e. 30 tonnes shall be carried over and added to the extended producer responsibility of that producer for the year 2028-2029 for that item. (iv) The extended producer responsibility obligation shall be extinguished only after end of life disposal through a registered recycler and producing extended producer responsibility certificate and not by refurbishing certificate. 15. Transaction of extended producer responsibility certificates. - (1) A producer may purchase extended producer responsibility certificates limited to its extended producer responsibility liability of current year (Year Y) plus any leftover liability of preceding years plus 5 per cent of the current year liability. (2) The extended producer responsibility obligatio....
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....01/03/2023-Cus-III (Computer No. 300567087) 3130850/2023/Cus-IV Section 28 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II-SEC. 3(i)] of sub-rule (1) 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). (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-rules (1) and (4). (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). (8) Every producer shall provide information on the compliance of the provisions of s....
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....he accident through telephone and e-mail. - 21. Appeal. (1) Any person aggrieved by an order of suspension or cancellation or refusal of registration or its renewal passed by the Central Pollution Control Board, within a period of thirty days 112 Generated from eOffice by Rajesh Kumar-I, CBIC-ASO(RK)-CUSTOM-III SECTION, ASSISTANT SECTION OFFICER(CUS-III), CBEC on 17/05/2023 12:33 PM File No. 401/03/2023-Cus-III (Computer No. 300567087) 3130850/2023/Cus-IV Section [à¤à¤¾à¤— II –खणà¥à¤¡ 3 (i)] à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 29 from the date on which the order is communicated to him, prefer an appeal to the Additional Secretary or Joint Secretary, Ministry of Environment, Forest and Climate Change duly nominated by the Central Government in this regard. (2) The Appellate Authority may entertain the appeal after expiry of the said period of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time. 22. Environmental Compensation. - (1) The Central Pollution Control Board shall lay down guidelines fo....
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.... Central Pollution Control Board and the funds collected shall be utilizsed in collection and recycling or end of life disposal of uncollected, historical, orphaned e-waste and non-recycled or non-end of life disposal of e-waste on which the environment compensation is levied, research and development, incentivising recyclers, financial assistance to local bodies for managing waste management projects and on other heads as decided by the committee. (ii) The modalities and heads for utilisation of the funds shall be decided by the Steering Committee with the approval of the Ministry of Environment, Forest and Climate Change. - 23. Prosecution. Any person, who provides incorrect information required under these rules for obtaining extended producer responsibility certificates, uses or causes to be used false or forged extended producer responsibility certificates in any manner, willfully violates the directions given under these rules or fails to cooperate in the verification and audit proceedings, may be prosecuted under section 15 of the Act, 1986 and this prosecution shall be in addition to the environmental compensation levied under rule 22. - 24. Verification and Audit. The Cent....
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.... of these rules. SCHEDULE - I [See rules 2, 3 (b), 3 (c), 3 (m), 3 (o), 3 (p), 3 (q), 3 (v), 6, 8, 10 (7), 16 (13)] Categories of electrical and electronic equipment including their components, consumables, parts and spares covered under the rules Sl. No. Categories of electrical and electronic equipment Electrical and electronic equipment code (i) Information technology and telecommunication equipment: Centralized data processing: Mainframes, Minicomputers ITEW1 Personal Computing: Personal Computers (Central Processing unit with input and output devices) ITEW2 Personal Computing: Laptop Computers (Central Processing unit with input and output devices) ITEW3 Personal Computing: Notebook Computers ITEW4 Personal Computing: Notepad Computers ITEW5 Printers including cartridges ITEW6 Copying Equipment ITEW7 Electrical and Electronic Typewriters ITEW8 User terminal and Systems ITEW9 Facsimile ITEW10 Telex ITEW11 114 Generated from eOffice by Rajesh Kumar-I, CBIC-ASO(RK)-CUSTOM-III SECTION, ASSISTANT SECTION OFFICER(CUS-III), CBEC on 17/05/2023 12:33 PM File No. 401/03/2023-Cus-III (Computer No. 300567087) 3130850/2023/Cus-IV Section [à¤à¤¾à¤— II—खणà¥à....
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....nd other processing of food LSEEW10 Electric heating appliances LSEEW11 Electric radiators LSEEW12 Other large appliances for heating rooms, beds, seating furniture Electric fans LSEEW13 LSEEW14 Other fanning, exhaust ventilation and conditioning equipment LSEEW15 Vacuum cleaners LSEEW16 Carpet sweepers LSEEW17 Other appliances for cleaning LSEEW18 Appliances used for sewing, knitting, weaving and other processing for textiles LSEEW19 Iron and other appliances for ironing, mangling and other care of clothing LSEEW20 Grinders, coffee machines and equipment for opening or sealing containers or packages LSEEW21 Smoke detector LSEEW22 Heating Regulators LSEEW23 Thermostats LSEEW24 Automatic dispensers for hot drinks LSEEW25 Automatic dispensers for hot or cold bottles or cans LSEEW26 Automatic dispensers for solid products LSEEW27 Automatic dispensers for money LSEEW28 All appliances which deliver automatically all kinds of products LSEEW29 Indoor air purifier LSEEW30 Hair dryer LSEEW31 Electric shaver LSEEW32 Electric kettle LSEEW33 Electronic display panels/board/visual display unit LSEEW34 (iv) Electrical and Electronic Tools (With the exception of large- Scale Stationary Industrial....
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....16(3), 16(4), 16(13)] Applications, which are exempted from the requirements of sub-rule (1) of rule 16 Sl. No. Substance Mercury in single capped (compact) fluorescent lamps not exceeding (perburner): 33 1. (a) for general lighting purposes 17 mm and ≤28 mm(e.g. T8): 3.5 mg [PART II SEC. 3(i)] Tri-band phosphor with normal life time and a tube diameter >28 mm (e.g. T12):3.5 mg Tri-band phosphor with long life time (≥25000 h):5mg 2.(b) Mercury in other fluorescent lamps not exceeding(per lamp): (1) Linear halophosphate lamps with tube >28 mm (e.g. T 10 and T12): 10 mg (2) Non-linear halophosphate lamps(all diameters): 15mg (3) (4) 3. Non-linear tri-band phosphor lamps with tube diameter>17 mm(e.g.T9):15 mg Lamps for other general lighting and special purposes (e.g. inductionlamps): 15mg Mercury in cold cathode fluorescent lamps and external electrode fluorescentlamps (CCFL and EEFL)for special purposes not exceeding (per lamp): Short length(500 mm):3.5mg (a) (b) Medium length(>500 mm and≤1500 mm): 5mg (c) Long length(>1500 mm): 13mg 4.(a) (b) (b)-I (b)-II (b)-III (c) Mercury in other low pressure discharge lamps (per lamp): 15mg Mercury in High Pressure Sodium (va....
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....nditioning and refrigeration (HVACR) application. (a) 10.(a) Lead used in C-press compliant pin connector systems (b) Lead used in other than C-press compliant pin connector systems 11. Lead as a coating material for the thermal conduction module C- ring 12.(a) Lead in white glasses used for optical applications (b) Cadmium and lead in filter glasses and glasses used for reflectance standards. 13. 14. Lead in solders consisting of more than two elements for the connection between the pins and the package of microprocessors with a lead content of more than 80% and less than 85% by weight Lead in solders to complete a viable electrical connection between semiconductor die and carrier within integrated circuit flip chip packages. 15. Lead in linear incandescent lamps with silicate coated tubes 16. 17.(a) (b) 18. 19. 20. 21. 22. 23. 24. 25. Lead halide as radiant agent in high intensity discharge (HID) lamps used forprofessional reprography applications. Lead as activator in the fluorescent powder (1% lead by weight or less) of discharge lamps when used as specialty lamps for diazoprinting reprography, lithography, insect traps, photochemical and curing processes containing phosphors s....