|
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
227B, North Block,
Circular No. 40/2016-Customs
New Delhi dated the 26th August, 2016
To,
Principal Director General/ Director General, DRI
All Principal Chief Commissioners/ Chief Commissioners of Customs/Customs
(Preventive)
All Principal Chief Commissioners/Chief Commissioners of Customs & Central
Excise
All Principal Commissioners/Commissioners of Customs/Customs (Preventive)
All Principal Commissioners/Commissioners of Customs & Central Excise
Sir, Madam
Subject: Guidelines on safety and security of premises where imported
or export goods are loaded, unloaded, handled or stored-reg.
Attention is invited to the Board's
Circular No. 4/2011-Cus dt. 10.1.2011, wherein, vide Annexure-A
appended to the circular, CBEC has prescribed comprehensive guidelines on safety
and security of premises where imported or export goods are loaded, unloaded,
handled or stored. It has been specifically provided that imported goods or
export goods which are hazardous in nature shall be stored at the approved
premises of the customs cargo service provider (CCSP) in an isolated placed duly
separated from other general cargo, depending upon classification of its
hazardous nature such as explosives, gases, flammable liquids, flammable solids,
poisonous and infectious substances, radioactive material or any hazardous
chemicals defined under respective rules.
2. It is further provided that the space allocated for storage of hazardous
cargo within the notified premises should be of proper construction including
appropriate heat or fire resistant walls, RCC roofing, flooring. Such area shall
be situated at a minimum distance of 200 metres away from main office,
administrative, customs office building so that the storage of hazardous cargo
is in such a manner that it does not endanger the people working in the
premises.
3. M/s. CFS Association of India had filed W.P. No.3651/2011 in the High Court
of Judicature at Bombay inter-alia challenging the CBEC Circular No. 4/2011-Cus,
Public Notice No. 8/2011 dated 4.2.2011 issued by the Commissioner of Customs
Raigad, Maharashtra. While disposing off the said WP, the Hon'ble Bombay High
Court observed:
In the exercise of its jurisdiction under Article 226 of the Constitution, this
Court has to be mindful of the fact that issues such as the maintenance of a
safe distance between general and hazardous cargo are matters of scientific
expertise where the Court would place a degree of deference on the decision
which is taken by the Commissioner of Customs. The Commissioner of Customs is an
authority which is vested with the jurisdiction and obligation to take such a
decision under the Regulations of 2009. Unless there is something arbitrary, the
Court would not be inclined to interfere. The communication which has been
issued by the Central Board of Excise and Customs on 6th April, 2011 clarifies
that the matter has now been referred to the Union Ministry of Environment and
Forests and to the Union Ministry of Shipping. Obviously, in such matters a
decision which is once taken is capable of being altered having regard to the
requirements of safety and security and after taking into account practical
concerns which are expressed by trade and industry. The concerns of safety and
security need continuous monitoring and evaluation. A standard once laid down is
not immune to change. In our view, it would be appropriate, since a process of
re-examination has been initiated by the Central Board of Excise and Customs, if
the Competent Authority in that regard is left to take a considered decision
after considering all the requisite facets of the case. We accordingly would
expect that the concerned Ministries of the Union Government which are seized of
the issue namely, the Union Ministry of Finance (Department of Revenue), the
Union Ministry of Environment and Forests and the Union Ministry of Shipping
will undertake a collaborative exercise and arrive at a decision, based on the
views of experts and the need to maintain safety and security. Nothing arbitrary
in the decisions impugned before the Court is shown. With these observations, we
accordingly dispose of the Petition. No order as to costs.
4. Pursuant to the decision of the High Court in the Writ Petition No.
3651/2011, a joint Technical Committee comprising of Members from MoEF, Ministry
of Shipping, CBEC, Port Trust, etc., was constituted to give recommendations on
the distance(s) to be maintained between the hazardous cargo and the general
cargo in the customs area on one hand and between the hazardous cargo and the
administrative building on the other.
5. The Committee has submitted its recommendations which have been accepted in
the MoEF & CBEC. Accordingly, the guidelines in so far as prescribing the
distance to be maintained between hazardous cargo including explosives and
general cargo or administrative building in a Customs area would be as follows:
a. Among the various hazardous goods imported or exported, explosives have to be
considered separately in view of the severity of hazard, safety procedure and
skill etc. required in their handling and storage.
b. The safe distances between buildings and hazardous cargoes other than
explosives varies from 3 meters to 30 meters, in various rules and practices, in
other parts outside the country. In order to have uniformity, the distance of 30
meters is prescribed to be maintained between hazardous cargo (other than
explosives) and administrative buildings. However, the distance of 200 meter as
mentioned in CBEC Circular No. 4/2011 would be observed between the hazardous
cargo (explosive in nature) and the administrative buildings. The distance to be
maintained between hazardous cargo and general cargo would be as prescribed in
IMDG (International Maritime Dangerous Goods) Code for storage in port areas.
c. The safe distance for storing hazardous goods including explosives on land
i.e Container Depot, CCSP area. Customs notified area etc. (other than port
area) for which specific rules exists shall be guided by said rules i.e Gas
Cylinder Rules, 2004; the Explosive Rules, 2008; Petroleum Rules, 2002; Static
and Mobile Pressure Rules, 1981 etc., as applicable.
d. In case of anomaly, between port rules and respective specific rules
governing storage of a particular hazardous good, the provision of specific
rules shall over ride the port rules.
6. The guidelines contained in Annexure-A of CBEC
circular No. 4/2011 dated 10.1.2011 shall stand modified to the
above extent.
7. Suitable Public Notice be issued by the field formations.
8. Difficulties, if any, in implementation, be brought to notice of the Board.
Yours faithfully,
(Zubair Riaz)
Director (Customs)
F.No.450/55/2008-Cus IV (Pt. III)
|