Implementation of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 – Customs instructions
Ministry of Environment and Forests (MoEF) has clarified that 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 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.
So CBEC has instructed 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.
We hope the Customs field formation do get these instructions and read them!
CBEC Instructions in F. No.401 /48/2009-Cus.III Dated : October 15, 2009