TaxTMI 
TaxTMI 
Undertaking from the producers (who includes the Importer) of the base oil or lubrication oil for clearance of consignment
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....which has commenced from 1st April, 2024 and letter dated 30.04.2024 of Central Pollution Control Board (CPCB). (copies enclosed). 2. As per Hazardous and Other Waste (Management and Transboundary Movement) Second Amendment Rules, 2023 dated 18.09.2023, effective from 1.04.2024, the Producers (who includes the Importers) involved in import of Base Oil/Lubrication Oil as well as Other Oils (used as lubricants) are required to obtain the registration from Central Pollution Control Board through online portal. The Online EPR portal is expected to be launched by CPCB by May, 2024. Till that time, CPCB has requested to release the said consignments after taking an undertaking from the respective Producer/lmporter as per the enclosed format and submission of the same to CPCB at email id: [email protected] 3. In this regard, it is requested that necessary action may be taken to sensitize officers under your jurisdiction regarding the above matter. 4. The difficulties, if any, may be brought to the notice of the Board. 5. Hindi version follows Encls: as stated above. Yours faithfully, (Deepak L. Arun) OSD (Cus-lll) Email: [email protected] Tele: 011 2309....
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....sp; hereby undertake to comply with the provisions for Extended Producer Responsibility under Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2023 for importing the Base oil/ Lubrication oil/ Other oil items with HSN codes and corresponding quantities as below: S. No Description of Imported oil HSN Code Quantity in MT Date of Import Also, we hereby undertake to submit the copy of the EPR Registration certificate under said rules to Custom Authority within 30 days from the date of launch of the EPR portal for registration by CPCB. We further submit that the copy of this undertaking has been submitted to Central Pollution Control Board ([email protected]) through company authorized e- mail Id. (Copy of the same mail enclosed herewith). (Signature of the Authorized Person) Name of the Authorized Person: Designation: Producer Company GST No.: Pro....
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....than 100 metric tonnes of used oil per annum; (c) "business" means any activity of production or manufacturing or sale of base oil or lubrication oil, import of base oil, recycling used oil; (d) "collection point" means the facility where the authorised collection agent would collect and store used oil as per the standard operating procedure or guidelines issued by the Central Pollution Control Board for the purposes of this Chapter; (e) "collection agent" means any person or entity who collects used oil and supplies it to the recycler; (f) "energy recovery" means any process of utilizing used oil as a fuel, which is not suitable for recycling in accordance with these rules; (g) "environmentally sound management of used oil" means taking all steps required to ensure that used oil is managed in a manner so as to protect health and environment against any adverse effects which may result during collection, transportation and recycling of used oil; (h) "extended producer responsibility" means responsibility of producer of base oil or lubrication oil or importer of used oil under this chapter for meeting recy....
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.... (a) producers; (b) collection agents ; (c) recyclers; (d) used oil importers. (2) In case any entity falls in more than one categories under sub- rule (1), then the said entity shall register themselves under each of those categories separately. (3) No entity referred in sub-rule (1) shall carry out business without registration. (4) The entities registered under sub-rule (1) shall not deal with any entity not registered under sub- rule (1). (5) Where any registered entity furnishes false information or willfully conceals information for registration or return or report or information required to be provided or furnished under this Chapter or in case of any irregularity, the registration of such entity may be revoked by the Central Pollution Control Board for a period up to five-years after giving an opportunity to be heard and in addition, environmental compensation charges may also be levied as per rule 39. (6) The Central Pollution Control Board may charge registration fees and annual maintenance charges from the entities seeking registration under this Chapter based on volume of used oil generated, recycled, or handled by them.....
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....For used oil importers,- (i) the extended producer responsibility obligation for used oil importers in year (Y) shall be 100 per cent of the used oil imported in year (Y-1); and (ii) the import of used oil is permitted for the purpose of re-refining only. (3) The extended producer responsibility target of the producers shall be reduced by a factor laid down by the Central Pollution Control Board on account of operational loss of base oil. (4) (i) The producers may fulfil their extended producer responsibility through online purchase of extended producer responsibility certificates from registered recyclers only; (ii) the details provided by producers and registered recyclers shall be cross-checked through the portal; (iii) in case of any difference, the lower figure shall be considered towards fulfillment of the extended producer responsibility obligation of the producer; and (iv) the certificates shall be subject to audit by the Central Pollution Control Board or any other agencies authorised by them in this regard. 28. Extended producer responsibility certificate generation. - (1) The Central Pollution Contro....
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.... Steering Committee constituted under rule 42. 29. Transaction of extended producer responsibility certificate. - (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 10 per cent of the current year liability. (2) The extended producer responsibility obligation shall have to be fulfilled by the producers and used oil importers by proportionately purchasing extended producer responsibility certificates on a quarterly basis. (3) As soon as the producer and used oil importer purchases the extended producer responsibility certificate, it will be automatically adjusted against its liability, priority in adjustment shall be given to earlier liability and the extended producer responsibility certificate so adjusted shall be automatically extinguished and cancelled. (4) The availability, requirement and other details of the extended producer responsibility certificate for every producer or used oil importer or recycler shall be made available on the portal. (5) All the transactions under this Chapter shall be record....
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....munication. 32. Responsibility of used oil importer. - The used oil importers shall be responsible for, - (a) registration on the portal; (b) fulfilling extended producer responsibility targets as per sub- rule (2) of rule 27 through the portal; (c) filing annual returns in the form provided on the portal on or before 30th June following the financial year to which that return relates. 33. Responsibility of collection agent. - All used oil collection agents shall have to, - (a) register on the portal; (b) collect used oil from the generators and supply to the registered recycler or producer in accordance with these rules and upload information on the portal; (c) filing quarterly returns in the laid down form on the portal on or before the end of the month succeeding the quarter to which the returns relate; (d) filing annual returns in the form provided on the portal on or before 30th June following the financial year to which that return relates. 34. Responsibilities of the recycler. - All used oil recycler shall have to, - (a) register on the portal; (b) ensure t....
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....ducting awareness programmes; (j) integration of all stakeholders with the centralised digital system; (k) prepare and submit an annual report to the Central Government; and (l) any other function delegated by the Central Government under this Chapter from time to time. 37. Responsibilities of the State Governments or Union territories or Municipalities or local bodies or the State Pollution Control Board. - (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 Administration, as the case may be, shall - (a) ensure earmarking or allocation of industrial space or shed for collection of used oil and for rerefining units in the existing and upcoming industrial parks, estates and industrial clusters; (b) ensure recognition and registration of workers involved in re-refining and recycling; (c) undertake industrial skill development activities for the workers involved in re-cycling of used oil; and (d) undertake annual monitoring and to ensure safety and health of workers involved in recy....
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....o three years; (ii) in case, the shortfall of extended producer responsibility obligation is addressed after one year, eighty- five per cent. of the environmental compensation levied shall be returned to the producer; and (iii) in case, the shortfall of extended producer responsibility obligation is addressed after two year, sixty per cent. of the environmental compensation levied shall be returned to the producer, and in case, the shortfall of extended producer responsibility obligation is addressed after three year, thirty per cent. of the environmental compensation levied shall be returned to the producer, thereafter no environmental compensation will be returned to the producer. (5) False information resulting in over generation of extended producer responsibility certificates by recycler above five per cent. of the actual recycled waste shall result in revocation of registration and imposition of environmental compensation which shall not be returnable and subsequent offence, violation of this Chapter for three times or more shall also result in permanent revocation of registration over and above the environmental compensation charg....