TaxTMI 
TaxTMI 
E-Waste (Management) Rules, 2022 — Regarding release of imported consignments of producers 106 EEEs items (ITEW 1 to ITEW 27, CEEW 1 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) as listed in the E-Waste (Management) Rules 2022
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....DW 10 and LIW 1 to LIW 2) as listed in the E-Waste (Management) Rules 2022-reg Reference is invited to the Board Instruction No. 1/2023-Customs dated 07.01.2023 and Board Instruction No. 23/2023-customs dated 14.07.2023 with respect to the compliance required under E-Waste Management Rules, 2022 w.e.f. 01.04.2023 and with respect to the compliance required under E-Waste Management Rules, 2022 w.e.f. 30.06.2023 and related letter from Central Pollution Control Board (CPCB) vide File No. CP-22/40/2023-WM-lll-HO-CPCB-HO dated 13.05.2024 (copy enclosed). 2. Vide above-said letter dated 13.05.2024, CPCB has informed that release of imported consignments of producers of all the notified EEE items (106 EEEs items) after taking an undertaking as per enclosed format along with the proof of submission of the said undertaking to CPCB at the email id "[email protected]. till 30.06.2024. 3. It is requested that concerned officers and Trade under your jurisdiction may be sensitized on the above communication and take appropriate action. 4. The difficulties, if any, in the implementation of this Instruction may be brought to the notice of the Board. ....
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....e (Management) Rules, 2022 (On Producer Company's letter head) We M/s _____hereby undertake to submit a copy of the online EPR Registration Certificate under E-Waste (Management) Rules, 2022 for EEE item code(s) namely_____(as applicable out of 106 EEE items as mentioned in Schedule I of E-Waste (Management) Rules, 2022) to the Custom Authority on or before 30thJune 2024 for release of our imported consignment of EEE items____ We also submit that in case of failure to submit the EPR Registration, necessary actions as per the rules may be initiated against us. We further submit that the copy of this undertaking has been submitted to the Central Pollution Control Board on [email protected]. The copy of the e-mail sent to CPCB is attached for ready reference. (Name and Signature of the Authorized Person) Designation: (Producer Company Seal) MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi, the 2nd November 2022 G.S.R. 801(E).-Whereas the draft rules, namely the E-Waste (Management) Rules, 2022 were published by the Government of India in the Ministry....
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....itions. (1) In these rules, unless the context otherwise requires, - (a) 'Act' means the Environment (Protection) Act, 1986 (29 of 1986); (b) 'bulk consumer' means any entity which has used at least one thousand units of electrical and electronic equipment listed in Schedule I, at any point of time in the particular Financial Year and includes e-retailer; (c) 'business' means manufacturing, production, assembling and import of electrical and electronic equipment as listed in Schedule I and refurbishing, recycling, disposal and treatment of e-waste; (d) 'component' means one of the parts of a sub-assembly or assembly of which a manufactured product is made up of and into which it may be resolved and includes an accessory or attachment to another component; (e) 'consumables' means an item, which participates in or is required for a manufacturing process or for functioning of the electrical and electronic equipment and may or may not form part of end-product and Items which are substantially or totally consumed during a manufacturing process shall be deemed to be consumables; (f) 'dismantler' mea....
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.... (18 of 2013) or a factory as defined in the Factories Act, 1948 (63 of 1948) or Small and Medium Enterprises as defined in the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), which has facilities for manufacture of electrical and electronic equipment as specified in Schedule-I; (q) 'orphaned products' means non-branded or assembled electrical and electronic equipment as specified in Schedule-I or those produced by a company which has closed its operations; (r) 'part' means an element of a sub-assembly or assembly including its component, spares or accessory not normally useful by itself and not amenable to further disassembly for maintenance purposes; (s) 'portal' means the online system developed by the Central Pollution Control Board for the purposes of these rules; (t) 'producer' means any person or entity who, - (i) manufactures and offers to sell electrical and electronic equipment and their components or consumables or parts or spares under its own brand; or (ii) offers to sell under its own brand, assembled electrical and electronic equipment and their components or consumables or parts or s....
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....oducer, recycler and refurbisher. (5) Where any registered entity furnishes false information or willfully conceals information for getting registration or return or report or information required to be provided or furnished under these rules 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 three-years after giving an opportunity to be heard and in addition, environmental compensation charges may also be levied as per rule 22 in such cases. (6) The Central Pollution Control Board may charge such registration fee and annual maintenance charges from the entities seeking registration under these rules based on capacity of e-waste generated or recycled or handled by them as laid down by the Central Pollution Control Board with the approval of the Steering Committee. CHAPTER III RESPONSIBILITIES 5. Responsibilities of the manufacturer. - All manufacturer shall have to, - (1) register on the portal; (2) collect e-waste generated during the manufacture of any electrical and electronic equipment and ensure its recycling or dispos....
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....ion Control Board in this regard from time to time; (3) ensure that the fractions or material not recycled in its facility is sent to the respective registered recyclers; (4) ensure that residue generated during recycling process is disposed of in an authorised treatment storage disposal facility; (5) maintain record of e-waste collected, dismantled, recycled and sent to registered recycler on the portal and make available all records for verification or audit as and when required; (6) 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; (7) accept waste electrical and electronic equipment or components not listed in Schedule-I for recycling provided that they do not contain any radioactive material and same shall be uploaded on the portal; (8) create awareness through media, publications, advertisements, posters or by such other means of communication; (9) account for and upload information about any non-recyclable e-waste or any quantity which is not recycled and disposed of; ....
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....c modules or panels or cells shall, - (i) ensure registration on the portal; (ii) store solar photo-voltaic modules or panels or cells waste generated up to the year 2034-2035 as per the guidelines laid down by the Central Pollution Control Board in this regard; (iii) file annual returns in the laid down form on the portal on or before the end of the year to which the return relates up to year 2034-2035; (iv) ensure that the processing of the waste other than solar photo-voltaic modules or panels or cells shall be done as per the applicable rules or guidelines for the time being in force; (v) ensure that the inventory of solar photo-voltaic modules or panels or cells shall be put in place distinctly on portal; (vi) comply with standard operating procedure and guidelines laid down by the Central Pollution Control Board in this regard. (3) Recycler of solar photo-voltaic modules or panels or cells shall be mandated for recovery of material as laid down by the Central Pollution Control Board in this regard. CHAPTER VI 13. Modalities of the extended producer responsibility Regime. - (1) All producers shall....
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....ate automatically extinguished after the period unless extinguished earlier as per the provisions of these rules. (iv) Each extended producer responsibility certificate shall have a unique number containing year of generation, code of end product, recycler code and a unique code and the extended producer responsibility certificates shall be in the denominations of 100, 200, 500 and 1000 kg or such other denominations as may be laid down by the Central Pollution Control Board with the approval of the Steering Committee. (2) Refurbishing. - (i) The e-waste shall also be allowed for refurbishing and refurbisher shall have to get registered on the portal and based on the data provided, refurbishing certificate shall be generated in favour of a registered refurbisher in the format laid down by it in this regard. (ii) On production 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 u....
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....nd refurbishing certificates for every producer or recycler or refurbisher shall be made available on the portal. (6) All the transactions under these rules shall be recorded and submitted by the producers or recyclers on the portal at the time of filing of quarterly returns. CHAPTER VII REDUCTION IN THE USE OF HAZARDOUS SUBSTANCES IN THE MANUFACTURE OF ELECTRICAL AND ELECTRONIC EQUIPMENT AND THEIR COMPONENTS OR CONSUMABLES OR PARTS OR SPARES 16. Reduction in the use of hazardous substances in the manufacture of electrical and electronic equipment and their components or consumables or parts or spares. - (1) Every producer of electrical and electronic equipment and their components or consumables or parts or spares listed in Schedule I shall ensure that, new electrical and electronic equipment and their components or consumables or parts or spares do not contain Lead, Mercury, Cadmium, Hexavalent Chromium, 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 biphen....
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....m the market, within a reasonable period as per the guidelines laid down by the Central Pollution Control Board in this regard. (13) The Central Pollution Control Board shall lay down the methods for sampling and analysis of hazardous substances as listed in sub-rule (1) with respect to the items listed in Schedule-I and Schedule-II and also enlist the labs for the said purpose. CHAPTER VIII MISCELLANEOUS 17. Duties of Authorities. - Subject to the other provisions of these rules, the authorities shall perform duties as specified in Schedule-V. 18. Annual Report. - The Central Pollution Control Board shall submit an annual report to the Ministry of Environment, Forest and Climate Change regarding status of implementation of the e-waste management 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 (....
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....rd to the next year and so on and up to three years. (ii) In case, the shortfall of extended producer responsibility obligation is addressed after one year, 85 per cent of the environmental compensation levied shall be returned to the producer. (iii) In case, the shortfall of extended producer responsibility obligation is addressed after two year, 60 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, 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 col....
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....cer and Manufacturer Association; (f) a maximum of two representatives of E-Waste Recycler Associations; (g) one representative of State Pollution Control Board or Pollution Control Committee as co-opted by the Chairman of the Steering Committee; (h) Head of the Concerned Division of the Central 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. ....
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...., solar Photovoltaic panels/cells/modules. CEEW14 Luminaires for fluorescent lamps with the exception of luminaires in households CEEW15 High 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 Clothes dryers LSEEW4 Dish Washing Machines LSEEW5 Electric cookers 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 LSEEW13 Electric fans LSEEW14 Other fanning, exhaust ventilation and conditioning equipment LSEEW15 Vacu....
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....o diagnosis and accessories MDW6 Analysers and accessories MDW7 Magnetic Resonance Imaging (MRI), Positron Emission Tomography (PET) Scanner, Computed Tomography (CT) Scanner, & Ultrasound Equipment along with accessories MDW8 Fertilization tests equipment and accessories MDW9 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 MDW10 (vii) Laboratory Instruments Gas analyser LIW1 Equipment having electrical and electronic components LIW2 SCHEDULE - II [See rules 16(3), 16(4), 16(13)] Applications, which are exempted from the requirements of sub-rule (1) of rule 16 Sl. No. Substance 1. Mercury in single capped (compact) fluorescent lamps not exceeding (per burner): (a) for ge....
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....mps (MH) (f) Mercury in other discharge lamps for special purposes not specifically mentioned in this Schedule 5.(a) Lead in glass of cathode ray tubes (b) Lead in glass of fluorescent tubes not exceeding 0.2% by weight 6.(a) Lead as an alloying element in steel for machining purposes and in galvanized steel containing up to 0.35% lead by weight (b) Lead as an alloying element in aluminium containing up to 0.4% lead by weight (c) Copper alloy containing up to 4% lead by weight 7.(a) Lead in high melting temperature type solders (i.e. lead-based alloys containing 85% by weight or more lead) (b) Lead in solders for servers, storage and storage array systems, network infrastructure equipment for switching, signalling, transmission, and network management for telecommunications (c) Electrical and electronic 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. (d) Lead in dielectric ceramic in capacitors for a rated voltage of 125 V AC or 250 V DC or higher (e) Lead in dielectric ceramic in capacitor....
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....omponents other than connectors with a pitch of 0.65 mm and less 22. Lead in solders for the soldering to machine through hole discoidal and planar array ceramic multilayer capacitors 23. Lead oxide in surface conduction electron emitter displays (SED) used in structural elements, notably in the seal frit and frit ring. 24. Lead oxide in the glass envelope of black light blue lamps 25. Lead alloys as solder for transducers used in high-powered (designated to operate for several hours at acoustic power levels of 125 dB SPL and above) loudspeakers 26. Lead bound in crystal glass 27. Cadmium alloys as electrical/mechanical solder joints to electrical conductors located directly on the voice coil in transducers used in high-powered loudspeakers with sound pressure levels of 100 dB(A) and more 28. Lead in soldering materials in mercury free flat fluorescent lamps (which e.g. are used for liquid crystal displays, design or industrial lighting) 29. Lead oxide in seal frit used for making window assemblies for Argon and Krypton laser tubes 30. Lead in solders for the soldering of thin copper wires of 100 &m....
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....year 2022-23 3. 2025-2026 onwards 20% of the sales figure of the financial year two years back Note: (1) Once the number of years of sales operation equals the average life of their product mentioned in the guidelines issued by Central Pollution Control Board, their extended producer responsibility obligation shall be as per Schedule-III. (2) E-Waste recycling targets shall not be applicable for waste generated from solar photo-voltaic modules or panels or cells. SCHEDULE - V [See rule (17)] LIST OF AUTHORITIES AND COPRRERSPONDING DUTIES Sl. No. AUTHORITY COPRRERSPONDING DUTIES 1. Central Pollution Control Board 1. Operation and maintenance of Extended Producer Responsibility Portal and monitoring of Extended Producer Responsibility compliance. 2. Coordination with State Pollution Control Boards 3. Prepare and issue guidelines and Standard Operating procedures for collection, storage, transportation, segregation, refurbishment, dismantling, recycling and disposal of e-waste under these rules from time to time, and also issue....