Hazardous and Other Wastes Amendment Rules 2023

Introduction

The Ministry of Environment, Forest & Climate Change released the Hazardous & Other Wastes (Management & Transboundary Movement) Amendment Rules, 2023, on July 12, 2023.

In the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (referred to as the said rules), Schedule III, Part D has been updated. Specifically, the original text for Basel No. B1110, which stated, “Used electrical and electronic assemblies imported for repair and to be re-exported back after repair within one year of import,” will be replaced with the following:

“Used electrical and electronic assemblies imported for repair or refurbishment must be re-exported to OEMs or another company in the country of origin or another country within one year of import. However, you must retain 5% of unrepairable used electrical and electronic assemblies, by weight, in the country. Subsequently, send this 5% to authorized recyclers only, in accordance with these rules and the E-Waste (Management) Rules, 2022. Therefore, these amendments provide clearer guidelines for handling and disposing of used electrical and electronic assemblies, thereby reinforcing environmental protections and compliance.”

In Schedule VIII to the said rules, against serial number 4 related to Basel No. B1110,

In column (3), update the text to: “Used electrical and electronic assemblies imported for repair or refurbishment and re-exported to OEMs or other companies in the country of origin or any other country within one year of import.” This change clarifies re-exportation scope, ensures international compliance, and streamlines the regulatory framework.
In column (4), for item (e) and related entries, substitute the following:

(e) Additionally, obtain a certificate from the exporting company accepting the repaired and unrepairable electrical and electronic assemblies, as well as the spares, parts, components, or consumables being re-exported. Alternatively, secure a certificate from another company in the country of origin or any other country accepting these items for re-export.

Conclusion

In conclusion, the Hazardous & Other Wastes (Management & Transboundary Movement) Amendment Rules, 2023, introduced on July 12, 2023, update the Basel No. B1110 regulations. These changes provide clearer guidelines for handling used electrical and electronic assemblies. They mandate re-exportation within one year of import and require retaining 5% of unrepairable assemblies for authorized recycling. Additionally, the amendments specify documentation requirements for re-exportation. As a result, these updates enhance clarity, improve international compliance, and reinforce environmental protections.

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Download – Hazardous and Other Wastes Amendment Rules, 2023

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