Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Excise & Customs
159-A, North Block, New Delhi-1.
15th October, 2009.
To
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
Subject: Implementation of the Hazardous Waste (Management, Handling and
Transboundary) Rules, 2008 – Second amendment to the said Rules.
Sir / Madam,
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.
- 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.”
- 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.
- 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.
-2-
- 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.
- The field formations as well as trade and industry may be suitably informed.
Yours faithfully,
(M.M. Parthiban)
Director (Customs)
F. No.401/48/2009-Cus.III
Encl: 2 pages.
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First Amendment
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Second Amendment