EHS
Procedure to Import of Hazardous and Other Wastes
Introduction
The transboundary movement of hazardous and other wastes presents significant environmental and public health challenges, particularly for developing nations. In response to such concerns and in alignment with the Basel Convention, the Government of India notified the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. These rules aim to ensure the safe and environmentally sound management of hazardous and other wastes including their Import into India.
Under the 2016 Rules, Import of Hazardous and Other Wastes into India is strictly regulated. The import is prohibited for disposal but permitted under specific conditions for recycling, recovery, reuse and co-processing by authorized entities. The rules establish a structured procedure for obtaining permission from the Ministry of Environment, Forest and Climate Change (MoEFCC) and require compliance with documentation and prior informed consent (where applicable) and verification by customs and pollution control authorities.
Applicable Provisions:
- Rule 13 of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
- Schedules III and VIII of the Rules
Mandatory Requirements:
- Obtaining an Import-Export Code (IEC): a valid authorization from the from the Directorate General of Foreign Trade (DGFT) as specified in the FTP.
- Authorization under Form-1 shall be obtained from the State Pollution Control Board (SPCB) or Pollution Control Committee (PCC).
- Obtain Certificate from Pre-shipment Inspection Agency (PSIA) and for Pre- shipment Certificate (PSIC) for Import of any form of metallic waste, scrap.
Waste Categories and Required Approvals
- Part A of Schedule III: Requires MoEFCC permission and prior informed consent from the exporting country.
- Part B of Schedule III: Requires MoEFCC permission applicable for import and export and not requiring Prior Informed Consent.
- Part C of Schedule III: Covers wastes exhibiting hazardous characteristics not otherwise listed; requires prior written permission from MoEFCC.
- Schedule VI: Specific to export approvals requiring MoEFCC Permission and Importing country’s consent.
Sector-Specific Requirements:
Importers of certain waste categories like Lead Scrap, Battery Scrap, Used Oil, Electrical and Electronic Assemblies, Waste Tyres/Rubber Scrap shall obtain MoEFCC permission ensuring their intended end-use complies with environmental regulations.
Import by Traders:
- Traders importing waste on behalf of actual users shall apply in Form 7 and obtain a one-time authorisation in Form 7A.
- The authorisation shall be appended to Form 6 submitted to Customs authorities along with supporting documents listed in Schedule VIII.
Exemptions
- Import of waste samples (up to 1000g or 1000ml) for testing or R&D purposes is exempt from the requirement of import permission.
- Movement documents (Form 6) and test reports from accredited laboratories shall accompany shipments.
Procedure
- Approval for Import:
- For transporting Restricted items involves submitting an online application under Form ANF 2M/2N through online portal https://dgft.gov.in to the DGFT Headquarters for authorization.
- Importers of metallic waste/scrap shall provide Customs with a pre-shipment inspection certificate, in the format of Appendix 2H and from an agency listed in Appendix 2G, at the time of clearance. This certificate shall confirm that the consignment is free of hazardous, radioactive, or explosive materials as well as arms and ammunition
- The Importer shall submit Form 5 to the MoEFCC, along with requisite documents and Prior Informed Consent (PIC) from the exporting country (for wastes listed in Part A of Schedule III) alongwith the copy submitted to the concerned State Pollution Control Board (SPCB) and acknowledgment thereof included in the submission to MoEFCC .
- MoEFCC shall grant permission within 60 days from receiving approval from SPCBs of the relevant state:
- The applicant has environmentally sound facilities,
- Adequate waste treatment/disposal arrangements,
- Valid authorization and consents from the State Pollution Control Board (SPCB),
- Prior informed consent from the exporting country (for Part A of Schedule III wastes).
- MoEFCC shall forward a copy of the permission to relevant Port and Customs Authorities, Central Pollution Control Board (CPCB) and State Pollution Control Board (SPCB) for enforcement.
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