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TMI BlogRequirement of EPR registration certificate for import of battery as well as equipment containing batteryX X X X Extracts X X X X X X X X Extracts X X X X ..... (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 verification of the registration certifica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... direct 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 Director Head Waste Management Division-I Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng 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 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 ali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. (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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 quarter. (4) The total quantity of Waste Battery processed by entity involved in recycling of Waste Battery, on quarterly basis, will be made available on the portal developed by Central Pollution Control Board and on the websites of the entities. (5) Refurbisher shall not deal with any other entity not having registration mandated under these rules. 10. Provision of Certificate for Waste Battery. - (1) Entities involved in refurbishment and/or recyc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, carry forward and sale for the same category of Battery. (i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpliance 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 State Pollution Control Board to take action. (11) Central Pollution Control Board shall carry out audit of data, including using information from Goods and Services Tax Network portal, by itself or a designated agency, of the registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holders 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) Central Pollution Control Board will recommend to Ministry of Environment, Forest and Climate Change with regard to the Battery material recovery from recycling based on technological and commercial viabilities. 12. Functions of State Pollution Control Board. - (1) The State Pollution Control Board shall register entity involved in refurbishing and recycling through online ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Extended Producer Responsibility targets, responsibilities and obligations set out in these rules. (5) Environmental Compensation shall be levied by respective State Pollution Control Board on entities involved in refurbishment or recycling of Waste Battery as well as entities involved in collection, segregation and treatment, operating in their jurisdiction with respect to non-fulfillment of their responsibilities and obligations set out under these rules. In case, the State Pollution Control Board does not take action in sixty days, the Central Pollution Control ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llution 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 Central Government under chairpersonship of Chairman, Central Pollution Control Board to recommend measures to Ministry of Environment, Forest and Climate Change for effective implementation of these rules. (2) The Committee shall monitor the implementation of these rules and also take such measures as required for removal of difficulties. (3) The Committee shall also be tasked with the guiding and supervision of the development and operation of the online portal. (4) Any modifications in the forms attached to these rules may be undertaken by the Committee with the approval of the Central Government. (5) The Committee shall comprise of representatives from Ministry of Electronic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng. (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 printed beneath the symbol shown in Figure I; and (B) cover an area of at least one-quarter the size of the crossed out wheeled bin symbol as indicated below SCHEDULE II Targets for Extended Producer Responsibility. - (i) In case of a new Producer introducing Battery in the market in the subsequent years after the publication of these rules, the Extended Producer Responsibility targets shall be applicable for different types of Battery, based on the average life of the Battery mentioned in the tables below for the respective types of Battery. (ii) The Extended Producer Responsibility target shall include the collection targets mentioned in the tables below and 100% recycling and/or refurbishment target of Extended Producer Responsibility collection target of the respective year. (iii) The recycling of Waste Battery means recycling of Battery materials such as lead, nickel, lithium, nickel, cobalt, plastics, rubbe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 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 th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 34-2035 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) 2026-2027 Minimum 70% of the quantity of Battery placed in the market in 2023-24. (iv) 2027-2028 Minimum 70% of the quantity of Battery placed in the market in 2024-25. (v) 2028-2029 Minimum 70% of the quantity of Battery placed in the market in 2025-26. (vi) 2029-2030 Minimum 70% of the quantity of Battery placed in the market in 2026-27. (vii) 2030-2031 Minimum 70% of the quantity of Battery placed in the market in 2027-28. (viii) 2031-32 till 2037-38 and onwards 2031-2032 and onwards Minimum 70% of the quantity of Battery placed in the market in the 3rd preceding financial year (i.e. 2028-29) 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 durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llection 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 collection target (Weight) Mandatory Waste Battery collection target, and 100% refurbishment and/or recycling target for every fourteen year cycle (Weight) (i) 2029-30 till 2042-43 2029-2030 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 fourteen year complianc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0% 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 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 : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 mobile) 4. Email ID 5. Authorised person(s) Name 6. Authorised person(s) Email ID 7. Authorised person Mobile No. 8. GST No. 9. Consent Valid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eight of Battery material 1. 2. 3. 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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