F. No.401/48/2009-Cus.III

Government of India
Ministry of Finance
(Department of Revenue)
Central Board of Excise & Customs

159-A, North Block, New Delhi-1.

24th August, 2009.

To


All Commissioners of Customs / Customs (Prev.).

All Commissioners of Customs & Central Excise.


Subject: Implementation of certain provisions of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 in respect of import of paper, paper board and paper product wastes - regarding.

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Sir / Madam,

Please refer to the instructions of the Ministry of Environment and Forests (MoEF) dated 10.2.2006 for inspection by Customs authorities to ensure that only properly segregated paper, paper board and paper products waste enter the country for the purposes for which such imports have been authorised (copy enclosed). In this regard, provisions of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 as applicable to paper, paperboard and paper products waste i.e. Basel No. B-3020 of Part ‘B’ list of Hazardous Wastes applicable for Import and Export not Requiring Prior Informed Consent, may also refer.


2. It is brought to your kind notice that the Ministry of Environment and Forests (MoEF) has issued a notification S.O. (E) 1799 dated 21st July, 2009 in implementation of certain provisions of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 as applicable to paper, paperboard and paper products wastes. A copy of the said notification can be accessed in the department website of the Ministry of Environment & Forests ‘http://www.envfor.nic.in/. The aforesaid notification permits import of paper, paperboard and paper products wastes by “the actual users without any license or restriction and subject to the condition that the shipment is accompanied by the movement document in Form – 9 and a pre-shipment inspection certificate issued by the inspection agency certified by the exporting country.

3. However, a new sub rule has been added under rule 6A wherein the customs authorities, at any time, if it considers necessary, may make random inspection of the consignment prior to its clearance. Board has already issued a Circular No.9/2009-Customs dated 23.2.2009 informing the Customs field formations about the facility of testing of samples of hazardous waste from the laboratories recognized by MoEF


4. In view of the above, Board hereby instructs all the Customs Commissionerates to designate nodal officers at appropriate level not below the rank of Assistant Commissioner / Deputy Commissioner for effective coordination and proper implementation of the aforesaid Rules for timely interaction with the State / Central Pollution Control Board on matters relating to testing of samples, import or export matters relating to hazardous waste.


5. The field formations as well as trade and industry may be suitably informed.

Yours faithfully,


(M.M. Parthiban)

Director (Customs)

Encl: Office Memorandum by MoEF