TaxTMI 
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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.... dated 07.01.2023 with respect to the compliance required under E-Waste Management 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 Authori....
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....st April 2023 require Producers to register with CPCB on EPR Portal. The EPR Portal is under up gradation and is likely to be operationalized by 30th April 2023. In view of this, It 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 CUS....
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....raft notification within the said period have been duly considered by the Central Government; NOW, THEREFORE, in exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with sub-rule (3) of rule 5 of the Environment (Protection) Rules, 1986, 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;....
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....' means taking all steps required to ensure that e-waste is managed in a manner which shall protect health and environment against any adverse effects, which may result from such e-waste; (j) 'electrical and electronic equipment' means equipment which are dependent on electric current or electro-magnetic field in order to become functional and also the equipment 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 loc....
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.... person or entity who is engaged in recycling and reprocessing of waste electrical and electronic equipment or assemblies or their components or their parts for recovery of precious, semi-precious metals including rare earth elements and other useful recoverable materials to strengthened the secondary sourced materials and having facilities as elaborated in the guidelines of the Central Pollution Control 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....
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....listed in Schedule I shall be responsible for - (1) registration on the portal; (2) obtaining and implementing extended producer responsibility targets as per Schedule-III and Schedule-IV through the portal: Provided that the producer having extended producer responsibility plan under the provisions of the erstwhile E-Waste (Management) Rules, 2016 shall migrate under these rules as per the procedure laid down by the Central Pollution Control Board with approval 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 Inf....
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....hall be the responsibility of recycler to ensure proper material flow to and from those dismantlers and the dismantler shall give dismantled material to registered recycler only and maintain record of the same. 10. Responsibilities of State Government or Union territories. - (1) The Department of Industry 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 ensure earmarking or allocation of industrial 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 safe....
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....oducers shall fulfil their extended producer responsibility obligation as per Schedule-III and Schedule-IV, in doing so they may also take help of third party organisations such as producer responsibility organisations, collection centres, dealers etc.: Provided that the extended producer responsibility shall lie entirely on the producer only. (2) The extended producer responsibility for each product shall be decided on the basis of the information provided by the producers on the portal and the individual product's life period as laid down by the Central Pollution 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 env....
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....roduction of the refurbishing certificates purchased from the registered refurbishers, the extended producer responsibility of the producers shall be deferred by the duration as laid down by the Central Pollution Control Board for the corresponding quantity of e-waste and shall be added to the extended producer responsibility of the producer upon expiry of the extended life of the refurbished product. (iii) To incentivise refurbishing, only 75 per cent of the deferred quantity shall be added to the extended producer responsibility of the producer for recycling upon expiry of the extended life of the refurbished 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 y....
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....romium, polybrominated biphenyls and polybrominated diphenyl ethers beyond a maximum concentration value of 0.1 per cent by weight in homogenous materials for lead, mercury, hexavalent chromium, polybrominated biphenyls and polybrominated diphenyl ethers and of 0.01 per cent by weight in homogenous materials for cadmium. (2) Components or consumables or parts or spares required for the electrical and electronic equipment placed in the market prior to the 1st May, 2014 may be exempted from the provisions 111 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 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 th....
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....rules with quantitative and qualitative analysis along with its recommendations, within one month of the end of the financial year. 19. Transportation of e-waste. - Transportation of waste generated from manufacturing or recycling destined for final disposal to a treatment, storage and disposal facility shall follow the provisions under the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. - 20. Accident reporting. Where an accident occurs at the facility processing e-waste or during transportation of e-waste, the producer, refurbisher, transporter, dismantler, or recycler, as the case may be, shall report immediately to the concerned State Pollution Control Board about the 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¤....
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....ended producer responsibility obligation is addressed after three year, 30 per cent of the environmental compensation levied shall be returned to the producer, thereafter no environmental compensation shall be returned to the producer. (5) False information resulting in over generation of extended producer responsibility certificates by recycler shall result in revocation of registration and imposition of environmental compensation which shall not be returnable and repeat offence, violation of these rules for three times or more shall also result in permanent revocation of registration over and above the environmental compensation charges. (6) (i) The funds collected under environmental compensation shall be kept in a separate Escrow account by the 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 de....
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....Pollution Control Board - Member- Convener. (2) The steering committee shall be responsible for overall implementation, monitoring and supervision of these rules and it shall also decide upon the disputes arisen from time to time and on representations received in this regard, and shall refer to the Ministry of Environment, Forest and Climate Change any substantial issue arisen or pertaining to these rules. (3) The steering committee shall review and revise the guidelines or extended producer responsibility target or addition of new Electrical and Electronic Equipment in Schedule I, in view of the technological advancements and other factors with the approval of the Central Government. (4) The Steering Committee shall take all such measures as it deems necessary for proper implementation of provisions 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 tech....
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.... intensity discharge lamps, including pressure sodium lamps and metal halide lamps CEEW16 Low pressure sodium lamps CEEW17 Other lighting or equipment for the purpose of spreading or controlling light excluding filament bulbs CEEW18 Digital camera CEEW19 (iii) Large and Small Electrical and Electronic Equipment Large cooling appliances LSEEW1 Freezers LSEEW2 Other large appliances used for refrigeration, conservation and storage of food LSEEW3 115 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 32 Clothes dryers THE GAZETTE OF INDIA: EXTRAORDINARY Dish Washing Machines Electric cookers [PART II-SEC. 3(i)] LSEEW4 LSEEW5 LSEEW6 Electric stoves LSEEW7 Electric hot plates LSEEW8 Microwaves, Microwave Oven LSEEW9 Other large appliances used for cooking and 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 ven....
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.... Products) Radiotherapy equipment and accessories MDW1 Cardiology equipment and accessories MDW2 Dialysis equipment and accessories Pulmonary ventilators and accessories MDW3 MDW4 Nuclear Medicine Equipment and accessories Laboratory equipment for in vitro diagnosis and accessories Analysers and accessories MDW5 MDW6 MDW7 MDW8 (vii) Magnetic Resonance Imaging (MRI), Positron Emission Tomography (PET) Scanner, Computed Tomography (CT) Scanner, & Ultrasound Equipment along with accessories Fertilization tests equipment and accessories Other electric appliances/equipment/kits used for preventing, screening, detecting, monitoring, evaluating, reviewing, examining, investigating, probing, treating illness sickness, disease, disorder, affliction, infection, injury, trauma, abuse or disability including the Mobiles, Tablets or any other device with the features having the potential of sex selection and their accessories Laboratory Instruments Gas analyser Equipment having electrical and electronic components MDW9 MDW10 LIW1 LIW2 SCHEDULE - II [See rules 16(3), 16(4), 16(13)] Applications, which are exempted from the requirements of sub-rule (1) of rule 1....
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....onic components containing lead in a glass or ceramic other than dielectric ceramic in capacitors, e.g. piezoelectronic devices, or in a glass or ceramic matrix compound. Lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or250 V DC or higher 118 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)] (e) 8.(a) (b) 9. à¤à¤¾à¤°à¤¤ का राजपतà¥à¤° : असाधारण 35 Lead in dielectric ceramic in capacitors for a rated voltage of less than 125V AC or 250 V DC Cadmium and its compounds in one shot pellet type thermal cut-offs Cadmium and its compounds in electrical contracts Hexavalent chromium as an anticorrosion agent of the carbon steel cooling system in absorption refrigerators up to 0.75% by weight in the cooling solution Lead in bearing shells and bushes for refrigerant-containing compressors for heating, ventilation, air condi....