F. No. 401 /148/2008-Cus-III

Government of India

Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
***

New Delhi dated the 3^rd 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.

2. 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.

3. After deliberations, the MoEF has clarified vide its 0.M.F.No.22-27/2006-HSMD dated 24.11.2009 on the following points:

(i) 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.

(ii) 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.

(iii) 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.

4. 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)

. Tel. 2309 4182