Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
New Delhi dated the 3rd December, 2009
To
All Commissioners of Customs / Customs (Prev.).
All Commissioners of Customs & Central Excise.
Subject: Implementation of the decisions taken by MoEF in respect of Hazardous
Waste (Management, Handling and Transboundary) Rules, 2008.
Sir/Madam,
Please refer to the Board's instructions of even number dated 24.8.2009 and
15.10.2009 and the Notifications No. S.O. 2447 (E) dated 23rd September, 2009
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)
held a meeting on 17.11.2009 with the State Pollution Control Boards (SPCBs),
Central Pollution Control Board and CBEC to ascertain the status of registration
process taken up by the SPCBs concerned and the difficulties faced by the trade
in complying with the provisions of the aforesaid Rules.
- After deliberations, the MoEF has clarified vide its 0.M.F.No.22-27/2006-HSMD
dated 24.11.2009 on the following points:
- The SPCBs will register the traders at the earliest as per Form - I of the
Hazardous Waste (Management, Handling and Transboundary) Rules, 2008. The Form -
I, is the form for obtaining authorisation for collection / reception /
treatment / storage / disposal of hazardous waste. Hence, certain columns of the
forms such as SI.No.4 to 7 in Part A, SI.No.8(a) to 8(c) and 9 in Part B, and
SI.No.1 0 in Part C, are not applicable for the importers who are not actual
users in respect of ** (double asterisk) category of waste listed in Schedule
III of Part B to the aforesaid Rules. However, the importers should intimate the
Import Export Code (IEC) No. to the SPCBs. Further, it has been clarified that
the traders need to register for import on behalf of actual users with only one
SPCB.
- The time given for traders to get themselves registered with SPCBs has been
extended by MoEF for another two months i.e. from 30.11.2009 to 31.1.2010. In
the meantime, imported shipments of ** (double asterisk) category of waste
listed in Schedule III of Part B would, be cleared by Customs authorities
subject to all other conditions being met i.e. they must accompany by Movement
Document in Form 9 and Pre-shipment Inspection Certificate and random
inspections by Customs authorities.
- The MoEF has explained that prior to the issue of Notification dated
21.7.2009, import of metal scrap was being allowed without any restriction (i.e.
there was no distinction between actual user and trader). The difficulty
experienced as a result of 21.7.2009 notification has been addressed by the
subsequent amendment Notification dated 23.9.2009. The purport of the Rules is
to ensure that metal scrap which is otherwise allowed to be imported without
MoEF permission and DGFT licence is not mixed with other illegal waste.
Therefore, MoEF had clarified that the Customs authorities shall be instructed
to clear the consignments imported by traders during the interim period from
21.7.2009 to 23.9.2009 subject to the fulfilment of other essential conditions
namely Form 9 (Movement Document), Pre-shipment Inspection certificate and
random inspection by Customs authorities to ensure that the consignment contain
only permitted metal scrap as per declaration.
- In view of the above, Board hereby instructs that the above clarifications
communicated by MoEF may be implemented by all the Customs field formations. The
designated nodal officers in each of the Commissionerates may be requested to
liaise with the respective State Pollution Control Board for effective
implementation of the above clarifications / decisions of the MoEF.
Yours sincerely,
(Navraj Goyal)
Under Secretary (Customs Policy)
F. No. 401 /148/2008-Cus-III
Tel. 2309 4182