REGULATORY COMPLIANCE BULLETIN - SEPTEMBER

REGULATORY COMPLIANCE BULLETIN (Newsletter – September 2023)

E-Waste Management

Framework for Generation of EPR Certificate under E-Waste (Management)  Rules, 2022

CPCB's EPR Certificate on Precious & Essential Metals

 In continuation of the recently released arrangement for EPR credit transfer, CPCB has now come up with a framework for the generation of EPR certificates.

 CPCB has classified the metals into the following groups:

S. No

Group

Metal

1.

Precious metal

Gold (Au)

2.

Non-Ferrous 

Copper and Aluminium 

3. 

Ferrous 

Iron (including steel and galvanized iron)

For the initial 2 years, the Key Metals for generating EPR certificates will be limited to the precious metal Gold (Au), Non-Ferrous Metals [Al and Cu], and Iron [including steel and galvanized iron].

The average material composition of key metals in terms of weight has been given in Annexure I.

The framework further lays guidelines on the EPR liability in terms of metals, adjustment of excess and lack of target fulfilment, and defining the percentage of metals specific to E-waste categories.


Plastic Waste Management

ALERT! Reminder from CPCB!

CPCB's Reminder for EPR Compliance!

CPCB is actively notifying all the EPR holders through mail to complete their annual filings on or before 31 October 2023. Please be informed of the following points:

1.  All the EPR-holders under PWM Regulations, who received their EPRs before 31st March 2023, are liable to file their annual returns online to avoid any Environmental Compensation.

2. All the brand owners/Importers/Producers are to upload the procurement/sales invoices on a real-time basis over their online account.


Oil Waste Management

Extended Producer Responsibility for Used Oil

The Ministry of Environment, Forest and Climate Change introduced the Hazardous and Other Wastes (Management and Transboundary Movement) Second Amendment Rules, 2023 that bring out regulation for Extended Producer Responsibility (EPR) for used oil which will come into force from the 1st day of April 2024.

According to this rule, any organization that engages in any activity related to base oil or lubrication oil has to mandatorily register with the Central Pollution Control Board.

In this said notification following entities shall be registered with the CPCB, i.e., producers, collection agents, recyclers, and used oil importers. CPCB has also notified responsibilities for the stakeholders.

The online portal for registration and implementation of EPR shall be functional by the CPCB within six months from the date of its publication i.e., 18th September 2023.


Tyre Waste Management

Interim Arrangement for Waste Tyre EPR Credit Exchange

CPCB Announces Interim Solution for Waste Tyre EPR Credit Exchange 

As per the Gazette released by the CPCB on 21st July on Waste Tyre EPR stating all the producers (manufacturers & importers) and recyclers liable to register themselves over the online portal, has released an amendment for the interim arrangement as per below.

Under Waste Tyre EPR, CPCB has notified an interim arrangement to manage EPR exchange credits.

All the producers and recyclers are to register under the portal and are to maintain records of procurement of Raw materials, sales of end producers, and EPR Certificate transactions in an Excel sheet. The instruction sheet for the interim arrangement is in Annexure – I.

EPR Portal for Management of Waste Tyre is also available.


Bureau of Energy Efficiency (BEE)

BEE Announces No QR Codes on Refrigerators for Now!

BEE announces no QR Code on refrigerator until further notice

On September 12, 2023, BEE (Bureau of Energy Efficiency) made an announcement regarding refrigerators (both Frost Free and Direct Cool) registered under their Standards and Labelling program.

In this announcement, BEE has temporarily suspended the requirement for manufacturers and permittees to use QR codes on their appliances until further notice. Here are the steps to follow if you’re a permit holder:

  1. Permittee to provide serial numbers of appliances to BEE.

  2. Serial number of appliances to be mailed to: alka.bharti90@beeindia.gov.in

This directive has been issued with the approval of the competent authority at BEE.

You can also access the official network from here.


BIS-CRS

Generic Questions of MEITY for Applicants Seeking Exemption from CRS

Are you planning to Apply to seek exemption from the provisions of the CRS (Compulsory Registration) Order, 2021?

Other than exemption requirements there are generic sets of questions of MEITY which also need to be replied to by the applicant on the letterhead along with documentary evidence below are generic questions-

  • Since when has the party been importing the “specific models or products”?

  • Was any exemption sought in the past for the same product mentioned in the application? (If any; attach a copy of the issued letter).

  • Will there be recurring demand for exemption in the future as well? If the demand will be recurring, how much time will be required for registration under CRO? (Detailed justification is required on Company Letterhead)

  • Are there any other importers/users of the same product in India?

  • Does the device conform to Indian regulations or not?

  • Whether the goods being imported comply with international safety standards? (Provide documents)

  • Is the exemption sought due to the issue of delay in seeking registration or the cost involved in the registration?

  • If an exemption has been granted earlier, the status of the fulfilment of conditions stipulated in the earlier exemption and the utilization of the exemption letter.

  • Documentary evidence if the exemption is sought for: –

  • The specific reason for use of a limited number.

  • Strategic use

  • Central/state government use (Recommendation letter from Govt required)

  • End-of-life equipment

MEITY official document with generic questions can be accessed from here refer to Annex 7

The exemption can be applied under the below categories from MEITY for CRS regulation.

  • Imported for Domestic Manufacturing

  • Import for Export purposes.

  • Import for Personal use.

  • Import for use in an Explosive atmosphere.

  • Import for State/central government agency use.

  • Import for manufacturing non-notified medical devices.

MEITY already clarified through a notification that the exemption is for exceptional cases only, the manufacturer must comply with CRO order 2021 for Hassel-free business.

MEITY Deliberates on the Migration of Products Under the Registration Scheme (Scheme II) to the Licensing Scheme (ISI Mark)

MEITY is considering the possibility of arranging a meeting with relevant stakeholders to engage in discussions via a specialized technical committee. The primary agenda is to explore the transition of CRS-BIS products into the ISI scheme.

The proposed plan involves shifting from the current self-declaration scheme to a certification scheme, which would entail factory audits, product testing conducted by BIS, and enhanced market surveillance.

It’s worth noting that the products under consideration for migration to the ISI scheme are all LED products. In the Year 2022 BIS released a draft notification for migrating the CRS mark to the ISI mark, which was strongly rejected by the industry now Meity deliberating on changing the scheme altogether.

Please stay tuned for any forthcoming updates regarding this regulatory migration. Kindly share your view on this regulatory shift. We will promptly inform you as soon as official information is released.


BIS-ISI

Big Relief for the Indian Footwear Industry: SIT Compliance Becomes OPTIONAL!

SIT Compliance becomes Optional

The product manuals of the consumer footwear and footwear components products have been revised to make compliance with the Scheme of Inspection and Testing (SIT) optional for Micro, and Small-Scale Units (MSSUs) concerning the following requirements are not compulsory:

  1. Maintaining a suitably equipped and staffed lab in the laboratory.

  2. Maintaining test records.

  3. Conducting tests as indicated under levels of control.

The revision is aimed at reducing the compliance burden on MSSUs and making it easier for them to manufacture and sell consumer footwear and its component products in India.

For more details refer to the link: SIT Compliance for MSME

Plywood and Wooden flush door shutters (QCO)

Plywood & Door Shutters now ISI Certified

From February 29, 2024, plywood and wooden flush door shutters must be ISI-certified. This covers plywood for general purposes, structural, marine, and fire-retardant plywood.

In a fire situation, plywood burning releases toxic gases and leads to suffocation to humans. Including fire-retardant plywood under the ISI standard is a salvaging step toward the safety of the citizens.

The implementation date for Micro and Small Enterprises (MSEs) is as follows:

  • Micro: August 29, 2024,

  • Small: May 29, 2024

Access the official notification for Plywood and Wooden flush door shutters (Quality Control) Order, 2023.

Aluminium and Aluminium Alloys Order, 2023

Aluminium - QCA

 

The Aluminium and Aluminium Alloys Order, 2023, mandates that all aluminium ingots and castings manufactured or imported for sale or use in India must be ISI-certified from November 31, 2023.

Aluminium is a widely used metal in a variety of industries, including construction, automotive, aerospace, electrical, and electronics. Aluminium products used in these industries must meet high standards of quality and safety.

For more details refer to the Quality Control (Order) from here.

Ensuring Fire Safety with Fire Survival Cables

The Department for Promotion of Industry and Internal Trade (DPIIT) has released a Quality Control Order (QCO) for solar DC cables and fire survival cables.

It covers Thermosetting Insulated, Fire Survival Cables for working voltages including 1100 V AC and 1500 V DC. The QCO will be implemented from February 24, 2024. Fire survival cables are designed to maintain circuit integrity in the event of a fire.

This is important for critical systems such as emergency lighting, fire alarm systems, and elevator control systems.

The implementation of the QCO for fire survival cable is a welcome step. It will help to ensure the quality and safety of fire survival cables used in India.

Here is the official QCO link for your kind perusal.

Bolts, Nuts, and Fasteners now with ISI Assurance of Quality!

From 21st January 2024, it is mandatory for all bolts, nuts, and fasteners manufactured or imported for sale or use in India to be ISI certified. This is a revolutionary step towards the safety of our citizens.

Please note that nothing in this order shall apply to goods or articles:

  • Manufactured domestically for export.

  • Imported as a part of any finished good, sub-assembly, or component.

  • Imported by domestic manufacturers for manufacturing products for export.

For small and micro enterprises, the enforcement dates are:

  • Small Industry: 21st April 2024

  • Micro Industry: 21st July 2024

Check out the official notification link for Bolts, Nuts, and Fasteners.


Legal Metrology

The Jan Vishwas (Amendment) Act, 2023 is put into effect as a long-overdue, desperately needed update to the post-colonial laws that were losing their significance in the modern, fast-paced world.

The Legal Metrology Act, 2009 was amended through the Jan Vishwas Act with the primary goal of making conducting business easier and creating additional avenues for enterprises to operate without the worry of being imprisoned for minor, technical, or procedural errors in the procedure.

The following notification will significantly help alleviate unwarranted pressure on the court system, decrease the pendency of cases, and contribute to a more efficient and effective justice dispensation by pragmatically revising the legal implications and punishments without easing up on lawbreakers.

This Amendment Act will be implemented with effect from 1st October 2023 in the Legal Metrology Act, 2009.

Below are the highlights of the major amendments implemented through the Jan Vishwas Act:

  • Revising the monetary penalties to put a stop to the offenders.

  • Imprisonment as a penalty will be out of the picture for minor offences.

  • Revision of penalties against the offenders by imposing heavy monetary penalties on regular offences by Habitual offenders.

Access the Notification here. 


TEC

Extended- Mandatory Certification Date for MTCTE Phase III & IV Products to January 2024

TEC has extended the mandatory certification date for phase III and phase IV products by three months, i.e., from 1st October 2023, the effective date now stands on 01st January 2024.

This consists of a total of 32 products (ERs) like Gateway, Router, LAN Switch, IoT gateway, Tracking Devices, Equipment Operating in 2.4 and 5Ghz, etc. The complete list of these 32 products is available in Annexure-I of the official notification.

It is important to note that all other terms and conditions, including the mandatory certification date for the remaining 12 products and other relevant details, as specified in the previous notification dated 23rd June 2023, remain unchanged.

You can check out the official notification using the link.

To understand the impact of this notification specific to your product, write to us at tec@vincular.in.


Voice Compliance

Rationalization of Entry Fee and Bank Guarantees

TRAI recommendations onRationalization of Entry Fee and Bank Guarantees for various licenses associated with the Indian telecom industry

The Department of Telecommunications (DoT), in March last year, had requested the Telecom Regulatory Authority of India (TRAI) their advisory on rationalizing the Entry Fees and the Bank Guarantees associated with various licenses in the telecom industry.

In its response, TRAI issued a consultation paper for the same wherein all the relevant stakeholders/ industry associations participated and contributed with their comments, followed by an Open House Discussion which was convened by the regulator.

It is hoped that the reductions in entry fees and merging of bank guarantees will lead to the entry of new service providers in the market, increase investment, and enhance competition in the telecom sector. TRAI has diligently formulated these consolidated recommendations for the DoT’s consideration.

Access the official notification released by TRAI on “Rationalization of Entry Fee and Bank Guarantees”

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