TaxTMI 
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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....ing clearing of Consignments related to import of battery as well as equipment containing battery. 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. 398....
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....sion of chemical energy and includes disposable primary and/or secondary battery; (d) 'Battery pack' means any set or module of cells and/or Battery that are connected or encapsulated within an outer 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 r....
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....nbsp; 'Producer' means an entity who engages in : (i) manufacture and sale of Battery including refurbished Battery, including in equipment, under its own brand; or (ii) sale of Battery including refurbished Battery, including in equipment, under its own brand produced by other manufacturers or suppliers; or (iii) import of Battery as well as equipment containing Battery; (v) 'Public Waste Management Authorities' for the purpose of these rules means Village Panchayat, Municipal Corporation, Municipality and agencies engaged on their behalf; (w) 'Recycler' means entity engaged in recycling of Waste Battery; (x) 'Refurbishment' means repairing, re-conditioning, re-purposing of used Battery for its second 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 constitu....
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....shall contain information on the quantity, weight of Battery along with the dry weight of Battery materials through the centralised portal. (8) Producer shall submit an Extended Producer Responsibility Plan in Form 1(C) to Central Pollution Control Board for the Battery manufactured in FY 2022-23 within three months of the publication of these rules. (9) In order to develop a separate waste stream for collection of Waste Battery for fulfilling Extended Producer Responsibility obligations, the Producer, may operate schemes such as deposit refund system or buy back or any other model. (10) In order to meet the obligations of Extended Producer Responsibility, the Producer may engage itself or authorise any other entity for collection, recycling or refurbishment of Waste Battery. However, the obligations of meeting the Extended Producer Responsibility targets shall remain with the Producer. (11) Producer shall file annual returns in Form 3 regarding the Waste Battery collected and recycled or refurbished towards fulfilling obligations under Extended Producer Responsibility with the Central Pollution Control Board and concerned State Pollution Control Board in Fo....
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....w to refurbishment or recycling of those Waste Battery or carry out their recycling or refurbishment themselves. 7. Functions of entity involved in collection, segregation and treatment. - (1) It shall be the responsibility of entities involved in collection, segregation and treatment to hand over Waste Battery to registered refurbisher or recycler. (2) It shall be the responsibility of the entity to, - (i) ensure that a facility is in accordance with the standards or guidelines prescribed by the Central Pollution Control Board; (ii) carry out any activity in accordance with the guidelines prescribed by Central Pollution Control Board. 8. Functions of refurbisher. - (1) All refurbishers shall register with State Pollution Control Board on the centralised portal. The certificate of registration shall be issued using the portal in Form 2(B). (2) It shall be the responsibility of the refurbisher to, - (i) make an application in Form 2(A) to the State Pollution Control Board for grant of one-time registration; (ii) ensure that it ....
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....d Other Wastes (Management and Transboundary Movement) Rules, 2016; (iv) ensure that other waste generated during handling and recycling activities be managed as per the extant regulations such as Solid Waste Management Rules, 2016, Plastic Waste Management Rules, 2016 and E-waste (Management) Rules, 2016; (v) ensure that recycling processes and facilities for Waste Battery comply with the standards or guidelines prescribed by Central Pollution Control Board; (vi) ensure that the Waste Battery is removed from collected appliance if Battery is incorporated in an equipment. (3) Recyclers shall furnish the quarterly returns in Form 4 regarding the information on quantity of Waste Battery collected or received from various producers or entity, recycled quantities, compliance of material-wise recovery percentage as per recovery targets provided under sub-rule (4) of rule 10, quantity of hazardous and/or other waste including solid waste or plastic waste generated after recycling and 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 quart....
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....the centralised online portal based on the recycled or refurbished quantities and assigned to recyclers or refurbishers. The recyclers or refurbishers can sell the assigned Extended Producer Responsibility certificates to Producer in exchange of Waste Battery. (7) Extended Producer Responsibility certificates for recyclers and refurbishers shall be generated based on weight of Battery processed, percentage fulfilment of material recovery targets for specified year and geographical source of Battery such as domestic or imported. (8) The following formula shall be used to estimate the Extended Producer Responsibility certificates for recyclers : Extended Producer Responsibility certificates (kg) = (Actual recovery of Battery materials in percentage/Recovery target for specified year of the Battery type in percentage) x quantity of Battery processed (kg) x (1-A). Note : A=0 for Waste Battery generated domestically and A=0.2 for Waste Battery sourced through imports allowed under Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. (9) Surplus Extended Producer Responsibility certificates in a category can only be used for off-setting, car....
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.... of Extended Producer Responsibility obligations as per Schedule II after giving reasonable opportunity of being heard. (8) Central Pollution Control Board shall ensure compliance of these rules by Producer including those who supply Battery by means of distance contracts. (9) Central Pollution Control Board shall ensure that registration or renewal is done unless otherwise suspended and/or cancelled under these rules and deemed to be issued if not objected within two weeks. (10) Central Pollution Control Board or through a designated agency shall verify compliance by Producer through inspection and periodic audit - (i) Central Pollution Control Board, as required, can also verify compliance by entity involved in refurbishment or recycling of Waste Battery through inspection and periodic audit. (ii) the actions against violations and for non-fulfilment of obligations under these rules including Extended Producer Responsibility obligations shall be as per rule 13; (iii) in case of entity operating with a State or Union territory, Central Pollution Control Board may, if required, direct....
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....ailed to meet Extended Producer Responsibility targets and obligations on an annual basis. (21) Central Pollution Control Board shall share the Extended Producer Responsibility Plans and annual returns of Producers. (22) Central Pollution Control Board will establish a mechanism to ensure a regular dialogue between stakeholders in the fulfilment of obligations under these rules. (23) Central Pollution Control Board shall constitute an implementation Committee as per rule 15 for the effective implementation of these rules and make recommendations for making it robust. (i) the Committee shall meet once in six months to submit its report and recommendations to Ministry of Environment, Forest and Climate Change. (24) Central Pollution Control Board shall carry out review of technologies related to Waste Battery management for techno-economic viability and feasibility specifically with respect to sub-rule (4) of rule 10 on recovery of Battery materials. (25) Central Pollution Control Board shall issue guidelines about technologies and standards with regard to refurbishment and recycling of Waste Battery. (26) Centr....
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....ted documents by the entities registered under these rules; (iv) entities engaged in collection, segregation, and treatment in respect to not following sound handling of Waste Battery. (2) These activities, may also be dealt with under the provisions of section 15 of the Environment (Protection) Act, 1986, in case of evasion or violation either by entity itself or help abet any obligated entity evade or violate obligations, after giving an opportunity of being heard. (3) Committee for Implementation constituted by Central Pollution Control Board under rule 15 shall prepare and recommend guidelines for imposition and collection of Environmental Compensation from producers and entities involved in refurbishment and recycling of Waste Battery, in case of non-fulfilment of obligations under these rules. (i) the recommended guidelines shall be submitted to Ministry of Environment, Forest and Climate Change for bringing into effect of such Environmental Compensation. (4) Environmental Compensation shall be levied by Central Pollution Control Board on Producer operating with respect to non-fulfilment of their Extend....
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.... actions under the provisions of section 15 of the Environment (Protection) Act, 1986. 14. Centralised Online Portal. - (1) Central Pollution Control Board shall establish an online system for the registration and filing returns by producers, recyclers, and refurbishers of Waste Battery within six months of commencement of these rules. (2) The system shall ensure a mechanism wherein the material balance of Waste Battery as per Extended Producer Responsibility obligations of Producers is reflected and it shall also reflect the details regarding the audit of the Producers and entities involved in refurbishing and recycling of Waste Battery. (3) The State Pollution Control Board shall also use the web portal of Central Pollution Control Board used for registration of Producers, for registering entities involved in refurbishing and recycling of Waste Battery. (4) The web portal would act as the single point data repository with respect to orders and guidelines related to implementation of these rules. (5) Producer may facilitate the development of online portal. 15. Committee for Implementation. - (1) A Committee shall be constituted by the....
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....tandards. (ii) all requisite labels and symbols shall be printed visibly, legibly and indelibly. (iii) no person shall place on the market any Battery or Battery pack unless it is marked with the "crossed out wheeled bin symbol" as shown in Figure I covering at least 3% of the area of the largest side of the Battery or Battery pack, up to a maximum size of 5 cm x 5 cm). In the case of cylindrical cells, the crossed out wheeled bin symbol shall cover at least 1.5% of the surface area of the Battery or Battery pack, up to a maximum size of 5 cm x 5 cm. (iv) where the size of the Battery or Battery pack is such that the crossed out wheeled bin symbol would be smaller than 0.5 cm x 0.5 cm, the Battery or Battery pack need not be marked but a crossed out wheeled bin symbol measuring at least 1 cm x 1 cm shall be printed on the packaging. (v) no person shall place on the market a Battery or a button cell containing mercury, cadmium or lead unless it is marked with the respective chemical symbol "Hg"; "Cd" or "Pb". The symbol of the heavy metal shall, - (A) be....
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....y placed in the market per year during the ten year cycle to the next compliance cycle. (ii) 2023-2024 Minimum 60% of the quantity of Battery placed in the market in 2018-19. (iii) 2024-2025 Minimum 70% of the quantity of Battery placed in the market in 2019-2020. (iv) 2025-2026 Minimum 70% of the quantity of Battery placed in the market in 2020-21. (v) 2026-2027 Minimum 70% of the quantity of Battery placed in the market in 2021-22. (vi) 2027-2028 Minimum 70% of the quantity of Battery placed in the market in 2022-23. (vii) 2028-2029 Minimum 70% of the quantity of Battery placed in the market in 2023-24. (viii) 2029-2030 Minimum 70% of the quantity of Battery placed in the market in 2024-25. (ix) 2030-2031 Minimum 70% of the quantity of Battery placed in the market in 2025-26. (x) 2031-2032 Minimum 70% of the quantity of Battery placed in the market in 2026-27. (xi) 2032-33 to 2041-42, and onwards 2032-33 and onwards Minimum 70% of the quantity of Battery placed in the market in 5th preceding financial year (i.e. 2027-28) and onwards. Collection of 100% Waste Battery and of 100% of refurbishment or recycling shall be mandatory by end of ten year c....
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....d 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. (viii) For automotive Battery : 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) 2022-23 till 2028-29 2022-2023 Minimum 30% 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 20% 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 70% of th....
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....iii) 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 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. (x) For Electric Vehicles (EV) Battery of E-rickshaw (three 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) 2024-25 till 2030-31 2024-2025 Minimum 70% of the quantity of Battery placed in the market in 2021-22. Collection of 100% Waste Battery and of 100% of refurbishment or recycling shall be mandatory by end of seven year compliance cycle (end of 7....
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.... 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 placed in the market in 2026-27. (vi) 2031-2032 Minimum 70% of the quantity of Battery placed in the market in 2027-28. (vii) 2032-2033 Minimum 70% of the quantity of Battery placed in the market in 2028-29. (viii) 2033-34 till 2039-40 and onwards 2033-2034 and onwards Minimum 70% of the quantity of Battery placed in the market in the 4th preceding financial year (i.e. 2029-30) and onwards 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. (xii) For Electric Vehicles (EV) Battery comprising of four wheelers : No. Compliance cycle Year Mandatory Waste Battery collection target and 100% of refurbishment or recycling of the collec....
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....urteen 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 address of Producer, website address and contact details 3. Name of the authorised person(s) and full address with e-mail, landline telephone number and mobile number 4. GST No. 5. TIN No. 6. Type(s) of Battery placed in the market with brand name(s) List as per the type : a. Portable Battery b. Automotive Battery c. EV Battery d. Industrial Battery General Terms and Conditions : (i) The registered entity shall comply with provisions of the Environment (Protection) Act, 1986 and the rules made thereunder; (ii) Any change in the approved Extended Producer Responsibility form should be informed to Central Pollution Control Board. Place : Date : Signature of the author....
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....f 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). (Member Secretary) State Pollution Control Board (Signature and designation) Date : Place : Form 3 (see rule 4) [Annual returns to be submitted by Producer by 30th day of June of the following financial year] 1. Name of Producer 2. Registered address of Producer, website address and contact details 3. Name of the authorised person(s) an....