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India Amends EPR Rules for Batteries

The amendment incorporates responsibilities for pre-consumer waste management and improves the operation and management of EPR certificates.

The Extended Producer Responsibility (EPR) Regulations for batteries were amended by a notification published in the Official Gazette by the Ministry of Environment, Forests, and Climate Change (MOEFCC) of India on October 25, 2023. The Battery Waste Management (modification) Rules, 2023 are the name of the modification. It will take effect on the day it is published.

The amendment introduces responsibilities for producers during the pre-consumer waste management stage. Particularly, every producer now has the obligation for environmentally sound management of pre-consumer waste batteries generated during manufacturing or assembling or importing a battery or battery pack. They also need to file annual returns in respect of pre-consumer waste batteries generated in the preceding financial year.

In addition, a recently added provision mandates that manufacturers implement sustainable battery or battery pack production behaviour in compliance with criteria set forth by the Central Pollution Control Board (CPCB).

EPR certificate

EPR certificates provided by registered entities can be transacted to meet EPR obligations. According to the amendment, for the recycling or refurbishment of waste batteries imported under the Hazardous and Other Wastes  (Management and Transboundary Movement) Rules, 2016, no EPR certificate will be generated. To facilitate the operation of EPR certificate transactions, an online trading platform for sale and purchase of EPR certificates will be established by the agency accredited with the approval of the Central Government.

Prohibition on heavy metal content in the battery

Instead of  all batteries, only portable batteries containing less than 0.002%(20pm) of cadmium by weight are allowed to be placed on the market. 

Labeling requirement

Producers now should ensure that all battery or battery packs produced are appropriately marked with Extended Producer Responsibility registration number before March 31, 2025.