EHS
Procedure to Export of Hazardous and Other Wastes
Introduction
The export of hazardous and other wastes from India is governed by the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The Ministry of Environment, Forest and Climate Change (MoEF&CC) is the nodal authority for permitting transboundary movement of such wastes.
Under Rule 14 of the Rules, any occupier intending to export hazardous waste listed in Part A of Schedule III, Part B of Schedule III, or Schedule VI shall seek prior authorisation from the MoEF&CC.
Applicable Provisions
- Rule 14 of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016
- Schedules III, VI, and VIII of the Rules
Mandatory Requirements
- Prior Informed Consent (PIC) in writing from the importing country.
- Consent to Operate (CTO) issued by the concerned State Pollution Control Board (SPCB)
- Import Export Code (IEC) Certificate: a valid authorization from the from the Directorate General of Foreign Trade (DGFT) as specified in the FTP
Procedure
- Pre-export preparations:
- Applications seeking authorisation for export of “restricted” goods, or for claiming benefits under the schemes in FTP or for seeking clarifications or for other purposes may be made online on https://dgft.gov.in.
- Exporters shall file online application in ANF-2A format through the online process at https://dgft.gov.in with applicable fee and requisite documents.
- Application for seeking interpretation of any policy provision shall be made in ANF-2F to Policy Interpretation Committee.
- Any occupier intending to export hazardous or other wastes shall submit an application to the MoEF&CC using Form 5, accompanied by requisite documentation and insurance coverage after obtaining Prior Informed Consent (PIC) from the importing country and the MoEFCC’s permission
- Scrutiny by MoEF&CC, SPCB and Customs Authorities– Upon receipt of the application, the Ministry of Environment, Forest and Climate Change (MoEF&CC) conducts a thorough scrutiny. Once the export permission is granted, MoEF&CC forwards a copy of the authorization to the State Pollution Control Board (SPCB) with jurisdiction over the site where the hazardous waste is generated, as well as to the SPCB of the State where the export port is located. Additionally, copies are provided to the relevant Port and Customs authorities to ensure strict adherence to the terms and conditions of the export permission.
- Grant of Authorisation- The Ministry of Environment, Forest and Climate Change (MoEF&CC) is empowered to grant permission for the proposed export within 60 days from the date of receipt of a complete application. The Ministry may also impose such additional conditions as deemed necessary to ensure the safe and environmentally sound transit of the hazardous wastes.
- Grounds for Refusal- Ministry of Environment, Forest and Climate Change (MoEF&CC) may reject an application or revoke permission if:
- Export occurs without the requisite permission;
- Movement document details do not match the actual shipment;
- Application contains falsified or fraudulent information;
- Export is deemed to result in illegal dumping or contravene the Basel Convention or any applicable domestic law.
- The exporter shall also ensure that the shipment is accompanied with movement document in Form 6.
- The exporter of the hazardous and other wastes shall maintain the records of the hazardous or other waste exported by him in Form 3 and record so maintained shall be available for inspection.
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