AU Condition to Operate even on Free Imports under Hazardous Waste Category

[Ref: F.No.401/48/2009-Cus.III dated 15th October 2009]

Subject: Implementation of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 – Second amendment to the said Rules.

Please refer to the Board’s instructions of even number dated 24.8.2009 and the Notifications No. S.O. 2447 (E) dated 23rd September, 2009 (copy enclosed) and S.O. (E) 1799 dated 21st July, 2009 issued by the Ministry of Environment and Forests (MoEF) on the above mentioned subject.

2. In this regard, it is stated that the Ministry of Environment and Forests (MoEF) vide its O.M. F.No.23-76/2009-HSMD dated 1.10.2009 (copy enclosed) had clarified that the amendments introduced in the Notification dated 23.9.2009 should be read in continuation of earlier amendment of 21.7.2009. it is also stated that these amendments pertain to the category of Waste, which do not require either MoEF approval or DGFT licence, i.e. the waste products mentioned in Part B of Schedule III to the aforesaid Rules suffixed with ** (double asterisk), which shall be subject to the following condition:

“Import permitted in the country by the actual users without any licence or restrictions or by importer registered with State Pollution Control Board on behalf of the actual user who shall furnish the details of such import and particulars of the actual users along with quantities to the concerned State Pollution Control Board, on a quarterly basis.”

3. The MoEF has also stated that the import consignment of hazardous waste shall be accompanied by the shipment movement document i.e. Form – 9 and the test report of analysis of the hazardous waste under import, from a laboratory accredited by the exporting country under Rule 16(5) of the aforesaid Rules. The amendment vide Notification dated 23.9.2009 seeks to provide an alternative to the test report by means of an pre-shipment inspection certificate issued by Inspection and Certification Agency approved by the DGFT.

4. However, as regards to the amended provision, permitting import by persons other than actual users on behalf of actual users since the State Pollution Control Boards may take some more time to complete the process of registration, they have requested to issue instructions to the Customs authorities to clear the consignments based on fulfillment of other conditions as stipulated in the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008.

5. In view of the above, Board hereby instructs that the amendments introduced in the aforesaid Rules and the instructions of the MoEF vide their O.M.F.No.23-76/2009-HSMD dated 1st October, 2009 may be implemented by all the Customs field formations. Since the nodal officers would have been designated in each of the Commissionerates, they may be requested to liaise with the respective State Pollution Control Board for effective implementation of the above mentioned change.

6. The field formations as well as trade and industry may be suitably informed.

Ministry of Environment and Forests

Notification

New Delhi, the 23rd September, 2009

S.O. 2447(E).- In exercise of the powers conferred by sections 6,8, and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008, namely:-

1. (1)These rules may be called the Hazardous Wastes (Management, Handling and Transboundary Movement) Second Amendment Rules, 2009.

(2)They shall come into force on the date of their publication in the Official Gazette.

2. In the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 (hereinafter referred to as the said rules), in rule 16, in sub-rule (5), in the proviso, after the words “the exporting country”, the words “or the inspection and certification agency approved by the Director General of Foreign Trade” shall be inserted.

3. In Schedule III to the said rules, in Part B, after the entries and before the Note, after the words “without any license or restriction”, the words “or by importer registered with the State Pollution Control Board on behalf of the actual user who shall furnish the details of such import and particulars of the actual users along with quantities to the concerned State Pollution Board on a quarterly basis” shall be inserted.

[F.No. 23-27/2006-HSMD]

F.No.23-76/2009-HSMD

Government of India

Ministry of Environment & Forests

Paryavaran Bhawan

C.G.O. Complex, Lodi Road

New Delhi-110003

Dated: 1st October 2009

Office Memorandum

Subject: Second Amendment to Hazardous Waste (Management, Handling & Transboundary) Rules, 2008

This has reference to the Second Amendment vide S.O. No. 2447(E) dated 23rd September, 2009 to the Hazardous Waste (Management, Handling & Transboundary) Movement Rules, 2008 (25 copies enclosed). This amendment should be read in continuation of the earlier amendment of 21st July, 2009.

2. These amendments pertain to the category of wastes, which do not require either MoEF approval of DGFT licence, i.e. wastes marked as ** category in the Schedule III (Part B) of the aforesaid Rules.

3. The first amendment pertains to Rule 16, sub-rule (5) which provides for ensuring that the shipment is accompanied by the Movement Document, i.e. Form 9 and pre-shipment inspection certificate issued by inspection agency certified by the exporting country. The alternative of an inspection and certification agency approved by the Director General of Foreign Trade (DGFT) has now been added. Further, in addition to actual user, importers on behalf of actual users can also import subject to the following conditions-

(a) They will require to the registered with the respective State Pollution Control Boards (SPCBs); and

(b) They will furnish quarterly returns to the SPCBs, which will include details of actual users along with the quantities.

4. With regard to the amended provision mentioned in the above para, the State Pollution Control Boards (SPCBs) have been requested to undertake registration of importers who intend to import wastes on behalf of the actual users. Since this is a new provision and registration by the SPCBs may take some time, it may not be feasible to apply this to the consignments that have already arrived or are in transit. An interim period of two months for registration may, therefore, be allowed. Until then, Customs authorities could clear the consignments based on fulfillment of other conditions as stipulated in the Hazardous Waste Rules, 2008, so as to ensure that there is no misdeclaration.

5. Instructions may accordingly be issued to the Customs Authorities.

6. This issues with the approval of Competent Authority.