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

The Hazardous and Other Wastes (Management and Transboundary Movement) Amendment Rules, 2023 were published on July 12 by India’s Ministry of Environment, Forest and Climate Change (MoEFCC). It is now possible to export used electrical and electronic assemblies that are imported for repair or refurbishment and will be exported again to any other business or nation. However, the company must issue a certificate before accepting either repaired or unrepairable assemblies. After being published in the official gazette, these amendment rules went into effect immediately.

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.

2. 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 wires) 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.