MoEF revises responsibility of Producer vide Battery Waste Management (Amendment) Rules, 2023

On 25-10-2023, the Ministry of Environment, Forest and Climate Change notified the Battery Waste Management (Amendment) Rules, 2023 to amend the Battery Waste Management Rules, 2022. The provisions came into force on 25-10-2023.

Key Points:

1. Earlier, the definition of “Battery” included new or refurbished cell/ battery and its components.

   Now, the definition does not include battery components.

2. Functions of Producer have been revised relating to the following:

   • Extended Producer Responsibility: Earlier, the obligation was for the batteries which they introduced in the market.

     Now, the Batteries which they put to self-use also comes under the ambit.

   • Environmentally sound management of Pre- consumer waste battery: Producer will have to file annual returns in respect of pre-consumer waste battery generated in the preceding financial year.

   • Registration: will be obtained from the Central Pollution Control Board through centralized online portal.

     Earlier, there was a time limit of expiration of Registration.

     Now, it will be valid until it is cancelled or withdrew by the Producer.

   • Extended Producer Responsibility Plan: Producer will have to furnish a return regarding the Battery manufactured or assembled or imported in the preceding financial year in Form 1(C) to the Central Pollution Control Board on or before the 30th June of every year.

3. Rule 8 relating to “Functions of Refurbisher” has been revised.

   The total weight of waste Battery processed by entity involved in refurbishment of waste Battery, has to be made available on the portal developed by the Central Pollution Control Board for generation of Extended Producer Responsibility certificates.

4. In Rule 10, relating to Provision of Certificate for Waste Battery, the following sub-rules have been inserted:

   • In case of one or more trading platform for sale/ purchase of Extended Producer Responsibility: Certificates can be established through agency accredited and in accordance with the guidelines issued by the Central Pollution Control Board with the approval of the Central Government.

   • The operation and regulation of electronic platform, for trade of Extended Producer Responsibility certificates between obligated entities, will be as per guidelines notified by the Central Government based on the recommendations of Central Pollution Control Board.

   • The Central Pollution Control Board will fix the highest and lowest price for Extended Producer Responsibility certificate every six month or as required, keeping in view the cost for collection and environmentally sound management of waste Battery and the environmental compensation regime in force.

5. The mandatory 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 has been substituted.

6. Form 1(B) relating to “Format for Grant of Registration to Producers” has been substituted.