Hazardous Waste (Management, Handling and Transboundary ) Rules, 2008 - Customs Instructions
THE Ministry of Environment and Forests (MoEF) has clarified that:
1. The SPCBs will register the traders at the earliest as per Form - I of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008. The importers should intimate the Import Export Code (IEC) No. to the SPCBs. The traders need to register for import on behalf of actual users with only one SPCB.
2. 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.
3. 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.
MoEF wants the Customs authorities 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.
CBEC has instructed that the MOEF clarifications 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.
CBEC F. No. 401 /148/2008-Cus-III Dated: December 03, 2009