TaxTMI 
TaxTMI 
Requirement of EPR registration certificate for import of battery as well as equipment containing battery
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....sed) in supersession to the earlier Batteries (Management and Handling) Rules, 2001. Since the rules are applicable to the importers who are involved in import of all types of Battery regardless of chemistry, shape, volume, weight, material composition and use, all the producers including importers (with few exceptions) are required to get the registration from CPCB through online portal in accordance with BWM Rules, 2022. 3. Further, CPCB has informed that, since 17.03.2023, the online portal of CPCB (www.eprbatterycpcb.in) is functional for grant of Registration to Producers under BWM Rules, 2022. Accordingly, CPCB has requested to verify the online-generated EPR registration certificate at the time of clearing the consignment of importers of batteries as well as equipment containing batteries. For ease, List of Producers to whom Registration are issued under BWM Rules, 2022 can be viewed on http://www.eprbatterycpcb.in/viewunitcertificates. 4. Accordingly, it is requested that necessary action may be taken to sensitize officers and Trade under your jurisdiction to ensure verification of the registration certificate issued by CPCB at the time of clearing the consignment of impo....
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.... Sir, This has reference to the Office Memorandum received on 17th Jan., 2023 seeking details for the modalities for transition of registration from offline mode and after the development of portal for issuance of instructions to the field formation. In the view of above, it is to inform that CPCB has launched the online portal (www.eprbatterycpcb.in) on 17th March, 2023 for grant of Registration to Producers under Battery Waste Management Rules, 2022. Therefore, it is requested to ensure verification of registration certificate obtained from CPCB through the Online Portal at the time of clearing the consignment of Importers of batteries as well as equipment containing batteries. List of Producers to whom Registration are issued under Battery Waste Management Rules, 2022 can be viewed on http://eprbatterycpcb.in/viewunitcertificates Yours faithfully, Sd/- V.P. Yadav Director & Head Waste Management Division-I Central Pollution Control Board, Delhi Enclosure 3 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 22nd August, 2022 S.O. 3984(E). - Whereas the Battery Waste Management Rules, 2020 was published in the Gazette of India, Extraordina....
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....ter casing so as to form a complete unit that the end-user is not intended to split up or open; (e) 'Battery materials' means materials contained in the Battery include metals such as nickel, cobalt, lead, lithium, and other materials such as plastics, paper, etc.; (f) 'Cell' means basic functional unit consisting of an assembly of electrodes, electrolyte, container, terminals and separators that is source of energy generated by direct conversion of chemical energy and incudes primary and/or secondary cell; (g) 'Central Pollution Control Board' means the Central Pollution Control Board as constituted under sub-section (1) of section 3 of the Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974); (h) 'consumer' means end user of Battery; (i) 'disposal' means any operation which does not lead to reuse, recovery, refurbishing or recycling and inter alia include physico-chemical and/or biological treatment and/or deposition in secured landfill; (j) 'Electric vehicle battery' means any Battery specifically designed to provide traction to hybrid and electric vehicles for road transport; (k) 'End of Life battery' means Battery which have been used, completed its intende....
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....cond life; (y) 'Refurbisher' means entity engaged in refurbishment; (z) 'Schedule' means Schedule appended to these rules; (za) 'State Pollution Control Board' means the State Pollution Control Board constituted under Section 4 of Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974) and includes in relation to Union territory, the Pollution Control Committee; (zb) 'Storage' means storage of Waste Battery; (zc) 'Treatment' means an activity carried out on Waste Battery for recycling; (zd) 'Used battery' means Battery and/or its components which have been used and have residual life and suitable for refurbishment; (ze) 'Waste Battery' includes : * Used and/or End of Life Battery and/or its components or spares or parts or consumables which may or may not be hazardous in nature; * Pre-consumer Off-Spec Battery and its components or spares or parts or consumables; * Battery whose date for appropriate use has expired; * Battery which have been discarded by the user. (2) Words and expressions not defined in these rules will have the same meaning as defined in the Environment (Protection) Act, 1986. 4. Functions of Producer. - (1) Producer shal....
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....ulfilling obligations under Extended Producer Responsibility with the Central Pollution Control Board and concerned State Pollution Control Board in Form 3 by 30th June of the next financial year. The details of the registered recyclers from whom the Extended Producer Responsibility certificates have been procured shall also be provided. (12) It shall be the responsibility of a Producer to, - (i) adhere to prohibitions and labelling requirements as prescribed in Schedule I; (ii) ensure safe handling of Battery or Waste Battery such that no damage to human health and environment occurs. (13) Producer shall bring to the notice of the Central Pollution Control Board or State Pollution Control Board of violations of these rules by any entity involved in handling and management of Waste Battery. (14) Producer shall have the obligation with respect to the minimum use of domestically recycled materials in new Battery as per the Table below. The assessment of the minimum use of the recycled materials in Battery shall be in respect of the total dry weight of Battery. In case of imported Battery, the Producer shall have to meet the obligation of the minimum use by way of ....
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....l Board; (iii) ensure that hazardous waste generated from any activity of the entity is managed as per the provisions under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; (iv) ensure that other waste generated during handling and refurbishing activities be managed as per the extant regulations such as Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016; (v) ensure that refurbishment processes and facilities comply with the standards or guidelines prescribed by the Central Pollution Control Board; (vi) ensure that the Waste Battery is removed from collected appliance if Battery is incorporated in an equipment. (3) Refurbishers shall furnish quarterly returns in Form 4 regarding the information on quantity of used Battery collected or received from various producers or entities, refurbished quantities, quantity of hazardous and/or other waste including solid waste or plastic waste generated after refurbishment and disposal of such quantity as per extant rules and the quarterly return shall be filed by the end of the month succeeding the end of the quarter. (4) The total quantity of Waste Battery processed by ent....
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....ration mandated under these rules. 10. Provision of Certificate for Waste Battery. - (1) Entities involved in refurbishment and/or recycling of Waste Battery, registered under these rules shall provide certificate for Waste Battery processing. (2) In no case, the amount of Waste Battery recycled or refurbished by the entity shall be more than installed capacity of the entity. These certificates will be for Waste Battery category-wise and shall include Goods and Services Tax data of the entity. (3) The certificate for Waste Battery provided by registered entities shall be provided for the type and quantity of Battery refurbished or recycled and can be transacted for meeting Extended Producer Responsibility obligations. Central Pollution Control Board will provide for the issuance of such certificates on the online portal. (4) Recovery of minimum percentage target is the percentage of total weight of all recovered materials out of dry weight of the Battery and recyclers shall be mandated for minimum recovery of Battery materials as mentioned in the Table below. TABLE S. No. Type of Battery Recovery target for the year in percentage 2024-25 2025-26 ....
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.... surplus Extended Producer Responsibility certificates from other producers of the same category of Battery. (11) A Producer can purchase Extended Producer Responsibility certificates limited to its Extended Producer Responsibility liability of current year plus any leftover liability of preceding years plus ten per cent. of the current year liability. (12) Extended Producer Responsibility certificates purchased by the Producer will be automatically adjusted against their liability - (i) priority in adjustment will be given to earlier liability; (ii) Extended Producer Responsibility certificates used by Producer to meet Extended Producer Responsibility obligations shall not be exchanged again. (13) All such transactions shall be recorded and submitted by the refurbishers or recyclers on the online portal at the time of filing quarterly returns. (14) Extended Producer Responsibility certificates generated by refurbisher or recycler shall be valid for a period of seven years for meeting the obligations of Producer. 11. Functions of Central Pollution Control Board. - (1) The Central Pollution Control Board shall register Producer through online por....
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....gainst the orders of Central Pollution Control Board regarding suspension or cancellation of registration of Producer lies with the Ministry of Environment, Forest and Climate Change and will be disposed off within forty-five days after the submission of the appeal. (14) The Joint Secretary or the officer equivalent in the Ministry of Environment, Forest and Climate Change shall be designated as an Appellate Authority. (i) the appeal shall be made by the appellant to the designated Appellate Authority in writing and accompanied with a copy of the order appealed against within thirty days from the date of passing of the order. (15) Central Pollution Control Board shall dispose off an appeal made by the recycler or refurbisher against the order of State Pollution Control Board regarding suspension and/or cancellation of registration of recyclers or refurbishers within thirty days of the receipt of appeal. (16) The Member Secretary in the Central Pollution Control Board would be designated as an Appellate Authority. (i) the appeal shall be made by the appellant to the designated Appellate Authority in writing and accompanied with a copy of the order appealed agains....
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.... in refurbishing and recycling of Waste Battery through inspection and periodic audit, as deemed appropriate, in their jurisdiction. (2) In case the information provided by the entity involved in refurbishment or recycling of Waste Battery is found to be false, the State Pollution Control Board shall suspend and/or cancel the registration up to a period of five years, after giving reasonable opportunity of being heard including actions under rule 13. (3) The State Pollution Control Board shall bring out a list of entities not fulfilled their Extended Producer Responsibility obligations on annual basis and publish the same. (i) the State Pollution Control Board shall compile and forward the quarterly reports submitted by entities involved in refurbishing or recycling of Waste Battery to Central Pollution Control Board and publish online. (4) State Pollution Control Board will ensure a regular dialogue between relevant stakeholders involved in the fulfilment of obligations under these rules. (5) State Pollution Control Board to submit annual report to Central Pollution Control Board by 30th June every year, regarding effective implementation of these rules. ....
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....ended Producer Responsibility obligation for a particular year will be carried forward to the next year for a period of three years; (ii) in case the shortfall of Extended Producer Responsibility obligation is addressed within subsequent years within three years, the Environmental Compensation levied shall be returned to the Producer as given below, - * Within one year of levying of Environmental Compensation : 75 per cent. return; * Within two years : 60 per cent. return; * Within three years : 40 per cent. return. (7) After completion of three years after Environmental Compensation getting due, the entire Environmental Compensation amount shall be forfeited, this arrangement shall allow for collection and refurbishment or recycling of Waste Battery by the concerned entities in later years as well. (8) The funds collected under Environmental Compensation shall be kept in a separate escrow account by Central Pollution Control Board or State Pollution Control Board. (i) the funds collected shall be utilised in collection and refurbishing or recycling of uncollected and non-recycled or non-refurbished Waste Battery against which the Environmental Compensation is i....
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....nt of Chemicals and Petrochemicals, Organisations such as Central Pollution Control Board, State Pollution Control Boards, National Environmental Engineering Research Institute and stakeholders such as associations representing producers, recyclers and refurbishers, and any other stakeholder as invited by the chair of the Committee. [F. No. 12/36/2019-HSMD] NARESH PAL GANGWAR, Addl. Secy. Schedule I Prohibitions and Labelling Requirements 1. Prohibitions on heavy metal content in the Battery (i) Battery that contains up to 0.0005% (5 ppm) of mercury by weight may only be placed till 2025; (ii) Battery that contains up to 0.002% (2000 ppm) of cadmium by weight may only be placed; (iii) paragraph (1)(i) shall not apply to button zinc silver oxide Battery with a mercury content < 2% and button zinc air Battery with a mercury content < 2% by weight; (iv) prohibition in paragraph (1)(ii) shall not apply to a portable Battery intended for use in, - (A) emergency and alarm systems, including emergency lighting; (B) medical equipment. 2. Labelling requirements (i) producers shall ensure that all Battery or Battery packs are appropriately marked with requisite labelli....
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....ir Extended Producer Responsibility obligation through the Extended Producer Responsibility certificate made available by recycler or refurbisher. In case of non-availability of Extended Producer Responsibility certificates with recyclers or refurbishes, the Producer shall have the responsibility of collection as well. (vi) For portable Battery used in consumer electronics which are rechargeable : No. Compliance cycle Year Mandatory Waste Battery collection target and 100% of refurbishment or recycling of the collection target (Weight) Mandatory Waste Battery collection target, and 100% refurbishment and/or recycling target for every ten year cycle (Weight) (i) 2022-23 to 2031-32 2022-2023 Minimum 50% of the quantity of Battery placed in the market in 2017-18. Collection of 100% Waste Battery and of 100% of refurbishment or recycling shall be mandatory by end of ten year compliance cycle (end of 10th year) against the Battery placed in the market during ten year compliance cycle. However, there may be a carry forward of up to 60% of the average quantity of Battery placed in the market per year during the ten year cycle to the next compliance cycle. (ii) 20....
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.... quantity of Battery placed in the market in 2024-25. (iv) 2028-2029 Minimum 70% of the quantity of Battery placed in the market in 2025-26. (v) 2029-2030 Minimum 70% of the quantity of Battery placed in the market in 2026-27. (vi) 2030-2031 Minimum 70% of the quantity of Battery placed in the market in 2027-28. (vii) 2031-2032 Minimum 70% of the quantity of Battery placed in the market in 2028-29. (viii) 2032-2033 Minimum 70% of the quantity of Battery placed in the market in 2029-30. (ix) 2033-2034 Minimum 70% of the quantity of Battery placed in the market in 2030-31. (x) 2034-2035 Minimum 70% of the quantity of Battery placed in the market in 2031-32. (xi) 2035-36 till 2044-45, and onwards 2035-2036 and onwards Minimum 70% of the quantity of Battery placed in the market in 3rd preceding financial year (i.e. 2032-33) and onwards Collection of 100% Waste Battery and of 100% of refurbishment or recycling shall be mandatory by end of ten year compliance cycle (end of 10th year) against the Battery placed in the market during ten year compliance cycle. However, there may be a carry forward of up to 60% of the average quantity of Battery placed in the ma....
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....mum 40% of the quantity of Battery placed in the market in 2019-20. Collection of 100% Waste Battery and of 100% of refurbishment or recycling shall be mandatory by end of seven year compliance cycle (end of 7th year) against the Battery placed in the market during seven year compliance cycle. However, there may be a carry forward of up to 60% of the average quantity of Battery placed in the market per year during the seven year cycle to the next compliance cycle. (ii) 2023-2024 Minimum 50% of the quantity of Battery placed in the market in 2020-21. (iii) 2024-2025 Minimum 60% of the quantity of Battery placed in the market in 2021-22. (iv) 2025-2026 Minimum 70% of the quantity of Battery placed in the market in 2022-23. (v) 2026-2027 Minimum 70% of the quantity of Battery placed in the market in 2023-24. (vi) 2027-2028 Minimum 70% of the quantity of Battery placed in the market in 2024-25. (vii) 2028-2029 Minimum 70% of the quantity of Battery placed in the market in 2025-26. (viii) 2029-30 till 2035-36 and onwards 2029-2030 and onwards Minimum 70% of the quantity of Battery placed in the market in 3rd preceding financial year (i.e. 2026-27) and onwards ....
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....ance cycle. (xi) For Electric Vehicles (EV) Battery of two wheelers : No. Compliance cycle Year Mandatory Waste Battery collection target and 100% of refurbishment or recycling of the collection target (Weight) Mandatory Waste Battery collection target, and 100% refurbishment and/or recycling target for every seven year cycle (Weight) (i) 2026-27 till 2032-33 2026-2027 Minimum 70% of the quantity of Battery placed in the market in 2022-23. Collection of 100% Waste Battery and of 100% of refurbishment/recycling shall be mandatory by end of seven year compliance cycle (end of 7th year) against the Battery placed in the market during seven year compliance cycle. However, there may be a carry forward of up to 60% of the average quantity of Battery placed in the market per year during the seven year cycle to the next compliance cycle. (ii) 2027-2028 Minimum 70% of the quantity of Battery placed in the market in 2023-24. (iii) 2028-2029 Minimum 70% of the quantity of Battery placed in the market in 2024-25. (iv) 2029-2030 Minimum 70% of the quantity of Battery placed in the market in 2025-26. (v) 2030-2031 Minimum 70% of the quantity of Battery place....
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.... 2029-30. (x) 2038-2039 Minimum 70% of the quantity of Battery placed in the market in 2030-31. (xi) 2039-2040 Minimum 80% of the quantity of Battery placed in the market in 2031-32. (xii) 2040-2041 Minimum 70% of the quantity of Battery placed in the market in 2032-33. (xiii) 2041-2042 Minimum 70% of the quantity of Battery placed in the market in 2033-34. (xiv) 2042-2043 Minimum 70% of the quantity of Battery placed in the market in 2034-35. (viii) 2043-44 till 2056-57 2043-2044 and onwards Minimum 70% of the quantity of Battery placed in the market in the 8th preceding financial year (i.e. 2035-36) and onwards Collection of 100% Waste Battery and of 100% of refurbishment or recycling shall be mandatory by end of fourteen year compliance cycle (end of 14th year) against the Battery placed in the market during fourteen year compliance cycle. However, there may be a carry forward of up to 60% of the average quantity of Battery placed in the market per year during the fourteen year cycle to the next compliance cycle. Form 1(A) (see rule 4) [Application to be submitted for grant or renewal of registration as a Producer] 1. Name of Producer 2. Registered ....
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....) Email ID 7. Authorised person Mobile No. 8. GST No. 9. Consent Validity a. Under Air Act, 1981; Valid up to - b. Under Water Act, 1974; Valid up to - 10. Validity of Authorisation under rule 6 of the Hazardous Wastes (Management and Handling) Rules, 2016 Valid up to - 11. Validity of certification of registration with District Industries Centre Valid up to - 12. Capacity of recycling unit(s) in (MTA) a. Installed b. Operating (details of last three years) Signature of the authorised person : Date : Place : Form 2(B) (see rule 12) [Format for grant of registration to recycler or refurbisher by State Pollution Control Boards] Ref. : Your application number for registration dt. Registration No. :……………….. M/s--------------- is hereby granted registration for recycling and/or refurbishment of Waste Battery in line with provisions under Battery Waste Management Rules, 2022. The registration shall be valid for a period of years from date of issue. Any violation of the provision(s) of the Battery Waste Management Rules, 2022 will attract the penal provision of the Environment (Protection) Act, 1986 (29 of 1986).....