Import of hazardous waste under Hazardous Waste (Management, Handling and Transboundary) Rules, 2009-reg. - Customs - 58/2011

GOVERNMENT OF INDIA MINISTRY OF FINANCE/DEPARTMENT OF REVENUE CENTRAL BOARD OF EXCISE CUSTOMS, INDIAN CUSTOMS - MUMBAI ZONE-I OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT) 2nd FLOOR, NEW CUSTOMS HOUSE, SHOORJI VALLABHDAS ROAD BALLARD ESTATE, MUMBAI-400001 F. No. S/26-202/2011 A(G) Date:27.07.2011 PUBLIC NOTICE No.58/2011 Sub: Import of hazardous waste under Hazardous Waste (Management, Handling and Transboundary) Rules, 2009-reg. It is brought to the notice of The e-wastes such as used computers, CRT, RAM and electrical and electronic assemblies are being dumped in a big way into the country thereby posing serious threat to environment. A clarification as to whether used computers imported for re-use need permission of Ministry of Environment and Forest before clearance, was felt necessary. 2. The import and export of hazardous wastes is regulated by the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008. Chapter IV of these Rules deals with import and export of hazardous wastes and Rule 13 thereof states that import of such wastes shall be allowed only for recycling, or recovery or reuse and not for disposal. Further, Rule 14 thereof provides that import and export of hazardous wastes specified in Schedule III shall be regulated in accordance with the conditions specified therein. A perusal of the said Schedule III shows that entries at A1180 and B1110 are relevant for electrical and electronic assemblies. 3. In this regard, the administrative Ministry viz. Ministry of Environment and Forests has been consulted by the Central Board of Excise and Customs and they have confirmed that items at A1180 of the said Schedule III relating to waste electrical and electronic assemblies or scrap containing components such as accumulators and other batteries etc. require Prior informed Consent. It is also confirmed that items at B1110 of the said Schedule III can be imported with permission from Ministry of Environment and Forests. This entry includes electrical and electronic assemblies (including printed circuit board electronic components and wires) destined for direct re-use and not for recycling or final disposal. The Ministry of Environment and Forests has also confirmed that imports of second hand computers would require the permission of that Ministry. 4. In view of the above, the field formations and trade should carefully and strictly implement the provisions of Hazardous Waste (Management, Handling and Transboundary) Rules, 2008. In particular, it should be noted that all imported goods falling within the purview of entry B 1110 of Part B of Schedule III of the said Rules, indicating second hand computers, would require the permission of the Ministry of Environment and Forests for import into India. It merits mention that the field formations and the trade should also refer to Rule 17 of the said Rules that treats contravening imports as illegal traffic requiring the importer to re-export the wastes at his cost within 90 days from the date of arrival. We must ensure that India does not become a destination for dumping junk electronic products. 5. Difficulties, if any, in implementation of these instructions may be immediately brought to the notice of undersigned. Sd/- (S.H. HASAN) COMMISSIONER OF CUSTOMS (IMPORT)