The Ministry of Environment, Forest and Climate Change (MOEFCC) has recently notified the Battery Waste Management (Amendment) Rules, 2023 (2023 Amendment) to amend the Battery Waste Management Rules, 2022. The provisions have come into force since 25th October, 2023. The 2023 Amendment has amended definition of the terms “Battery” and “Producer”. Further, additional compliance obligations have been cast upon Producers and certain measures for ease of doing business such as doing away with renewal requirements, deemed registration have been introduced.
Amendments to defined terms “Battery” and “Producer”:
Pursuant to the 2023 Amendment, definition of battery does not include battery components. Prior to the 2023 Amendment, the definition of “Battery” included new or refurbished cell and / or Battery and / or their component.
Pursuant to the 2023 Amendment, definition of Producer has been expanded to include entities who engage in manufacture or assembling of Battery or refurbished Battery including in equipment for sale to entities engaged in sale of Battery including refurbished Battery, including in equipment, under its own brand produced by other manufacturers or suppliers without its own brand name.
Key Amendments in Producer related obligations:
• Now, Extended Producer Responsibility will not only apply in respect of batteries introduced in the market but also batteries which Producers put to self-use.
• New obligation on the part of a Producer has been introduced where they will have to file annual returns in respect of pre-consumer waste battery generated in the preceding financial year. Also, an obligation for environmentally sound management of pre-consumer waste battery generated during manufacturing or assembling or import of a Battery or Battery pack has been introduced.
• Every Producer will be required to meet the collection and recycling and refurbishment targets as mentioned in Schedule II for Battery or Battery pack made available in the market including the Battery which they put for self-use.
• The requirement to renew registration on the part of a Producer has been done away with. Now, the registration which is obtained by Producers from the CPCB through online portal will be valid until it is cancelled or withdrawn.
• New provision has been inserted to clarify that if a Producer stops its operations, the EPR obligations will be required to be discharged in respect of Batteries already made available in the market till closure of operations.
• Submitting EPR plan by a Producer has been done away with, instead Producers will need to file a return regarding the Battery manufactured or assembled or imported in the preceding financial year to the CPCB on or before the 30th June of every year.
• Producers to take measures for sustainable production of Battery or Battery pack including in accordance with the guidelines issued by the CPCB.
• The concept of deemed registration for a producer has been introduced where on the expiry of period of 2 weeks from the submission of a completed application if not refused by the CPCB.
• Consequent to above-mentioned change regarding validity of certification for registration for producers which is now valid until cancelled, Form 1A (Application to be submitted for grant or renewal of registration as a Producer) has been amended to incorporate the change. Also, Consequent to the requirement of submitting EPR plan which has been substituted with filing a return regarding battery placed in market, Form 1(C) [Format for submission of Extended Producer Responsibility plan by the Producer] has been amended to incorporate the change.
• Consequent to above-mentioned change regarding validity of certification for registration for producers which is now valid until cancelled or withdrawn, Form 1B [Format for grant of registration to Producer by CPCB] has been replaced to incorporate such change.
• Consequent to added obligations on producers as mentioned above such as environmentally sound management of pre-consumer waste battery generated during manufacturing or assembling or import of a Battery among other changes, Form 3 (Annual returns to be submitted by Producer by 30th day of June of the following financial year) has been replaced to incorporate the same.
Key Amendments in Refurbisher / Recycler related obligations:
• The requirement on the part of refurbishing entities to make available total quantity of waste battery processed has been replaced with the requirement of making available the total weight of waste battery processed by an entity involved in refurbishing of waste Battery on a quarterly basis which shall be made available on the CPCB portal. Further the requirement to put up this data on the website of the refurbishing entity has been done away with.
• The requirement on the part of recycling entities to make available total quantity of waste battery processed has been replaced with the requirement of making available the total weight of waste battery processed by an entity involved in recycling of waste Battery on a quarterly basis which shall be made available on the CPCB portal. Further, the requirement to put up this data on the website of the recycling entity has been done away with.
• GST data not required to be included in the certificate of waste battery provided by entities involved in refurbishment and/ or recycling of waste battery, now the same shall only be based on relevant parameters as prescribed by CPCB.
• The mandatory EPR targets of waste battery collection, recycling or refurbishment of Electric Vehicles Battery of three wheelers, including E-rickshaw, categories L5, L5- M, L5-N, E-cart as defined under the Central Motor Vehicle Rules 1989 has been substituted.
A copy of the Notification has been attached for ease of reference.
Source: Ministry of Environment, Forest and Climate Change
