TaxTMI 
TaxTMI 
Requirement of EPR registration certificate for import of battery as well as equipment containing battery
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....drawn attention to Battery Waste Management (BWM) Rules, 2022 issued on 22nd August, 2022 (copy enclosed) 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 ve....
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....III)' Customs, Central Board of Indirect Taxes & Customs, Department of Revenue, Ministry of Finance North Block, New Delhi - 110001 Sub. : Letter regarding 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 ....
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.... for automotive starter, lighting or ignition power; (c) 'Battery' means new or refurbished cell and/or Battery and/or their component, including accumulator, which is any source of electrical energy generated by direct conversion 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....
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....which has facilities for manufacturing of Battery and/or its components; (t) 'Portable battery' means Battery that is sealed, less than five kilograms, not made for industrial purposes, electric vehicle or to be used as an Automotive Battery; (u) '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....
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....on and of any permanent cessation as regards to the making available on the market of the Battery referred to in the Extended Producer Responsibility Registration. (7) Producer shall provide Extended Producer Responsibility plan in the Form 1(C) to Central Pollution Control Board by 30th June of every year for the Battery manufactured in the preceding financial year. It 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,....
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....waste, domestic waste streams; (ii) to ensure that Waste Battery are disposed off in an environment friendly manner by giving it to an entity engaged in collection or refurbishment or recycling. 6. Functions of Public Waste Management Authorities. - (1) Public Waste Management Authorities will hand over collected Waste Battery to the producers or agencies acting on their behalf or the entity engaged in refurbishment or recycling with a view 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 C....
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....m 2(B). (2) It shall be the responsibility of the recycler 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 carries out any activity in accordance with the guidelines prescribed by Central Pollution Control 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 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 s....
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.... reduction of recovery target by the same percentage of the hazardous material present in the Waste Battery. (5) The recovery target may be reviewed by the Committee constituted under rule 15 once every four years to revisit the minimum levels of recovered Battery materials in light of technical and scientific progress and emerging new technologies in waste management, and the Committee would recommend to Ministry of Environment, Forest and Climate Change in this regard. (6) Extended Producer Responsibility certificates will be generated by Central Pollution Control Board through 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 esti....
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....eturns. (3) The registration shall be done within two weeks from the submission of a completed application. (4) The registration of Producer shall be valid for a period of five years. (5) Central Pollution Control Board shall share Extended Producer Responsibility plan of the Producer and registration details of Producer with State Pollution Control Board. (6) Central Pollution Control Board shall renew the registration upon submission of Form 1(A). (7) Central Pollution Control Board shall suspend and/or cancel the registration, and/or impose Environmental Compensation, in case of non-compliance 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 des....
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....d with a copy of the order appealed against within thirty days from the date of passing of the order. (17) Central Pollution Control Board shall issue guidelines for environmentally sound procedures of collection, storage, transportation, refurbishment, and recycling of Waste Battery. (18) Central Pollution Control Board shall compile and publish the data received every year from the State Pollution Control Boards. (19) Central Pollution Control Board shall develop mechanism for exchange of Extended Producer Responsibility certificates on the online portal. (20) Central Pollution Control Board shall publish the list of Producers who have failed 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 ....
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.... 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. 13. Action on violations and imposition of Environmental Compensation. - (1) Environmental Compensation shall also be levied for the following activities based on polluter pays principle, - (i) entities carrying out activities without registration as mandated under these rules; (ii) providing false information/wilful concealment of material facts by the entities registered under these rules; (iii) submission of forged/manipulated 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 ....
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....aste 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 imposed. (ii) modalities for utilisation of the funds for Waste Battery management would be recommended by the Committee for Implementation for the approval of Central Government. (9) Non-fulfilment of obligations set out under these guidelines will attract penal 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 bala....
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....; 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 labelling requirements as per standards prescribed by Bureau of Indian Standards. (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 p....
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....e 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) 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 7....
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....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 quanti....
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....) 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 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 q....
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....tery 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. (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 ....
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.... Minimum 70% of the quantity of Battery placed in the market in 2024-25. (v) 2033-2034 Minimum 70% of the quantity of Battery placed in the market in 2025-26. (vi) 2034-2035 Minimum 70% of the quantity of Battery placed in the market in 2026-27. (vii) 2035-2036 Minimum 70% of the quantity of Battery placed in the market in 2027-28. (viii) 2036-2037 Minimum 70% of the quantity of Battery placed in the market in 2028-29. (ix) 2037-2038 Minimum 70% of the quantity of Battery placed in the market in 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 ye....
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....mber Secretary) Central Pollution Control Board Date : Place : Form 1(C) (see rule 4) [Format for submission of Extended Producer Responsibility plan by the 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) along with the quantities in total weight as well as dry weight of Battery Quantities in total weight as well as dry weight of Battery type-wise : a. Portable Battery b. Automotive Battery c. EV Battery d. Industrial Battery Signature of the authorised person : Date : Place : Form 2(A) (see rule 8 and 9) [Application to be submitted by recycler or refurbisher for grant of one time registration] 1. Name of the recycler 2. Registered address and website address 3. Phone No. (landline and mobi....
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.... 4. 5. Type(s) of Battery placed in the market with brand name(s) along with the quantities in total weight as well as dry weight of Battery Quantities in total weight as well as dry weight of Battery type-wise : a. Portable Battery b. Automotive Battery c. EV Battery d. Industrial Battery 6. Details of Extended Producer Responsibility obligation(s) and the Battery collected and refurbished or recycled for which the return is being filed 1. Extended Producer Responsibility obligation(s), 2. Weight of Battery material refurbished or recycled 3. Weight of Battery material recovered 4. Details of disposal 7. Details of Extended Producer Responsibility certificates No. of certificates recycler or refurbisher-wise Signature of the authorised person : Place : Date : Form 4 (see rule 8 and 9) [Quarterly return to be submitted by recycler or refurbisher to State Pollution Control Boards by end of the month succeeding the end of the quarter] 1. Name of the recyc....