The Ministry of Environment, Forest and Climate Change (MoEFCC) has announced the introduction of the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023. These rules have come into effect from 12th July, 2023.
The rules aim to update and refine the regulations governing the management and transboundary movement of hazardous and other wastes.
The amendment primarily focuses on Schedule III of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. In Part D of the schedule, specific changes have been made to Basel No. B1110. It may be recalled that Part D covers the list of other wastes applicable for import and export without permission from MoEFCC.
The previous description, “Used electrical and electronic assemblies imported for repair and to be re-exported back after repair within one year of import ***,” has been replaced with a revised version.
The new description now reads as follows: “Used electrical and electronic assemblies imported for repair or refurbishment and to be re-exported after repair or refurbishment to Original Equipment Manufacturers (OEMs) or any other company in the country of origin or any other country within one year of import ***.” This amendment broadens the scope of eligible destinations for repaired or refurbished electrical and electronic assemblies.
Moreover, the revised rule states that 5% of unrepairable used electrical and electronic assemblies, by weight, can be retained within the country. These assemblies must be sent exclusively to authorized recyclers in compliance with the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 and the E-Waste (Management) Rules, 2022.
Additionally, Schedule VIII of the aforementioned rules has been modified in relation to Basel No. B1110. Schedule VIII covers the list of documents for verification by Customs for import of other wastes specified in Part D of Schedule III.
The updated description for the importation of used electrical and electronic assemblies for repair or refurbishment has been reflected in this schedule for Basel No. B1110. It reads, “Used electrical and electronic assemblies imported for repair or refurbishment and to be re-exported after repair or refurbishment to OEMs or any other company in the country of origin or any other country within one year of import.”
Moreover, the requirement for a certificate from the exporting company has been revised. The new stipulation states that a certificate from the exporting company should acknowledge the acceptance of repaired and unrepairable electrical and electronic assemblies, as well as the spares, parts, components, or consumables being re-exported. Alternatively, a certificate from any other company in the country of origin or any other country can also be provided to confirm acceptance.
