CPCB clarifies Customs/Port Authorities as the Authority to which all documents pertaining to Electrical and Electronic Equipment must be submitted under the E-Waste (Management) Rules,2016

The Central Pollution Control Board (“CPCB”) has issued a Clarification Document dated June 6th 2019, regarding the Non-Applicability of Extended Producer Responsibility (“EPR”) Authorization under E-Waste (Management) Rules,2016 (“Rules”).

The clarification has introduced the following points which were missing in the September 13, 2018 Clarification on the same topic.

  • The authority to which the importers must submit their documents has been specified. Now importers of Electrical and Electronic Equipment (“EEE”) for the purpose of selling to EPR Authorized Producers must submit their documents to “Customs/Port Authorities”.
  • EPR Authorisation is not required for –

“Import of spares (old or new) by actual users* from original equipment manufacturers (OEM) for the purpose of warranty replacement, provided equal number of defective or non-functional parts are exported back within a year in accordance to document verification by Custom Authorities as specified under Schedule VIII (4-e) of Hazardous Waste and Other Wastes (Management and Transboundary Movement) Rules, 2016

* Actual user from OEM is the warranty service provider from OEM.”

  • The authority to which the Consumers / Bulk Consumers must submit their documents has been specified. Now consumers or bulk consumers importing EEE for self or captive use must submit Self–declaration on stamp paper, declaring that EEE item being imported are intended for self or captive use and not for sale, to “Customs/Port Authorities”.
  • The authority to which the manufacturers must submit their documents has been specified. Now manufacturers of EEE (including their spare components, consumables) listed in the Schedule-| of E-Waste (Management) Rules, 2016 if they are manufacturing and/or importing for the purpose of selling exclusively to EPR-Authorized producers must submit their documents to “Customs/Port Authorities”.

Source Central Pollution Control Board

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