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Core Purpose

Notification by the Ministry of Environment, Forest and Climate Change making the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023, to amend Schedules III and VIII of the 2016 Rules regarding import of used electrical and electronic assemblies (Basel No. B1110) for repair.

Detailed Summary

The Ministry of Environment, Forest and Climate Change, vide Notification G.S.R. 500(E) dated 12th July 2023, in exercise of powers under Sections 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), notified the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023, effective on publication, amending the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016; the amendment substitutes the entry against Basel No. B1110 in column (2) of Part D of Schedule III to permit import of used electrical and electronic assemblies for repair or refurbishment (not just repair) to be re-exported within one year to OEMs or any other company in the country of origin or any other country, with a proviso allowing up to 5% of unrepairable assemblies by weight to be retained in India and sent to authorised recyclers under the E-Waste (Management) Rules, 2022; it also amends serial number 4 (Basel No. B1110) in Schedule VIII, substituting the description in column (3) to similarly cover repair or refurbishment, and substituting item (e) of column (4) to require a certificate from the exporting company or the accepting company in the country of origin or another country for repaired and unrepairable assemblies and parts being re-exported; the notification, issued under File No. 23/151/2022-HSM and signed by Naresh Pal Gangwar, Additional Secretary, notes the principal rules were published vide G.S.R. 395(E) dated 4th April 2016 and previously amended by nine notifications dated between 6th July 2016 and 23rd December 2022.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 401] NEW DELHI, WEDNES DAY, JULY 12, 2023/ASHADHA 21, 194 5 CG-DL-E-13072023-247267 MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE NOTIFICATION New Delhi , the 12th July, 2023 G.S.R . 500(E).—In exercise of the powers conferred by sections 6, 8 and 25 of the Environment (Protec tion) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, namely: - 1. (1) These rules may be called Hazardous and Other W astes (Management and Transboundary Movement) Amendment Rules, 2023. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 ( hereinafter in this notification referred to as the said rules) in Schedule III, in Part D, against Basel No. B1110, in column (2), for the words “Used electrical and el ectronic assemblies imported for repair and to be re -exported back after repair within one year of import ***”, the following shall be substituted, namely: - “Used electrical and electronic assemblies imported for repair or refurbishment and to be re -expor ted after repair or refurbishment to OEMs or any other company in the country of origin or any other company in any other country within one year of import ***; Provided that 5% of unrepairable used electrical and electronic assemblies, by weight, may be retained in the country and the same shall be sent to authorised recyclers only in accor dance with these rules and the E -Waste (Management) Rules, 2022.”. 3. In Schedule VIII to the said rules, against serial number 4 related to Basel No. B1110, - (a) in column (3), for the words “Used electrical and electronic assemblies imported for r epair and to be re - exported after repair within one year of import”, the following shall be substituted, namely: - “Used electrical and electronic assemblies imported fo r repair or refurbishment and to be re -exported after repair or refurbishment to OEMs o r any other company in the country of origin or any other company in any other country within one year of import.’’; (b) in column (4), for item (e) and entries relati ng thereto the following item and entries shall be substituted, namely: - “(e) Certifica te from exporting company for accepting the repaired and unrepairable electrical and electronic assemblies and the spares or part or component or consumables being re -exported or certificate from any other company in the country of origin or any other comp any in any other country for accepting the repaired and unrepairable electrical and electronic assemblies and the spares or part or component or consumables being re -exported. ”. [F. No. 23/151/2022 -HSM] NARESH PAL GANGWAR , Addl. Secy. Note . - The princ ipal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), vide number G.S.R. 395(E), dated the 4th April, 2016 and subsequently amended vide numbers G.S.R. 670(E), dated the 6th July, 2016; G.S.R. 177(E), dated the 28th February, 2017; G.S.R. 544(E), dated the 11th June, 2018; G.S.R. 178(E), dated the 1st March, 2019; G.S.R. 641(E), dated the 9th October, 2020; G.S.R. 47(E), dated the 27th January, 2021; G.S.R. 798(E), dated the 12th November, 2021; G.S.R. 593(E) , dated t he 21st July, 2022 and G.S.R. 900(E), dated the 23rd December, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.

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