India India Amends Hazardous Waste Rules to Allow Re-exports of Repaired EEE to Companies other than OEMs

India Amends Hazardous Waste Rules to Allow Re-exports of Repaired EEE to Companies other than OEMs

On July 12, 2023, India’s Ministry of Environment, Forest and Climate Change (MoEFCC) has promulgated the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023. Used electrical and electronic assemblies that are imported for repair or refurbishment and to be re-exported, may now be exported to any other company or any other country. However, a certificate by the company for accepting the repaired as well as unrepairable assemblies is required. This Amendment Rules came into effect immediately after its publication on the official gazette.

 

The details of the amendment are shown as below.

 

  1. Corresponding to No. B1110 of Basel Convention “Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct use and not for recycling or final disposal”, Column (2) of Part D of Schedule III “List of other wastes applicable for import and export without permission from MoEFCC” and Schedule VIII “List of documents for verification by customs for import of other wastes specified in Part D of Schedule III” has been amended as below.
    • Before: Used electrical and electronic assemblies imported for repair and to be re-exported back after repair within 1 year of report
    • After: Used electrical and electronic assemblies imported for repair or refurbishment and to be re-exported after repair or refurbishment to OEMs (Original Equipment Manufacturer) 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 authorized recyclers only in accordance with these rules and the E-Waste (Management) Rules, 2022

 

  1. Column 4(4)(e) of Schedule VIII “List of Documents required for the import of electrical and electronic assemblies (including printed circuit boards, electronic components and wirers) destined for direct use and not for recycling or final disposal” and other entries related are amended as follows.

Before: Certificate from exporting company for accepting the repaired and unrepairable electrical and electronic assemblies and the spares/part/component/consumables being re-exported

After: Certificate from the company (OEMs or any other companies) for which accepted the repaired and unrepairable electrical and electronic assemblies and the spares/part/component/consumables being re-exported

 

Download the Amendment Rules at:
https://egazette.gov.in/WriteReadData/2023/247267.pdf

Also download the Hazardous and Other Wastes (Management and Transboundary Movement Rules, 2016 at:
https://cpcb.nic.in/displaypdf.php?id=aHdtZC9IV01fUnVsZXNfMjAxNi5wZGY=

Author / Responsibility

AOKI Kenji

Senior Consultant, EnviX Ltd.
General Director, E&H Consulting Co., Ltd.

Business Performance

Expertise in EHS (environment, health and safety) consulting in ASEAN region.
- Environmental regulations updating
- Chemical regulations consulting

Background

MSc in Earth Science, The University of Tokyo

AOKI Kenji