Implementation of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 - Second amendment to the said Rules - Customs - F. No.401/48/2009-Cus.III

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. 15th October, 2009 . To All Commissioners of Customs / Customs (Prev.). All Commissioners of Customs Central Excise. Subject: Implementation of the Hazardous Waste (Management, Handling and Transboundary) Rules, 2008 - Second amendment to the said Rules. *** Sir / Madam, Please refer to the Board's instructions of even number dated 24.8.2009 and the Notifications No. S.O. 2447 (E) dated 23rd September, 2009 (copy enclosed) 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) vide its O.M. F.No.23-76/2009-HSMD dated 1.10.2009 (copy enclosed) had clarified that the amendments introduced in the Notification dated 23.9.2009 should be read in continuation of earlier amendment of 21.7.2009. it is also stated that these amendments pertain to the category of Waste, which do not require either MoEF approval or DGFT licence, i.e. the waste products mentioned in Part B of Schedule III to the aforesaid Rules suffixed with ** (double asterisk), which shall be subject to the following condition: "Import permitted in the country by the actual users without any licence or restrictions or by importer registered with State Pollution Control Board on behalf of the actual user who shall furnish the details of such import and particulars of the actual users along with quantities to the concerned State Pollution Control Board, on a quarterly basis." 3. The MoEF has also stated that the 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. 4. However, as regards to the amended provision, 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. 5. In view of the above, Board hereby instructs that 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. 6. The field formations as well as trade and industry may be suitably informed. Yours faithfully, (M.M. Parthiban) Director (Customs) Encl: 2 pages. ******************* MINISTRY OF ENVOIRNMENT AND FOREST NOTIFICATION New Delhi , the 23 rd September, 2009 S.O. 2447 (E). - In exercise of the powers conferred by section 6, 8 and 25 of the Environment (Protection) Act, 1986 (29 of 1986), the Central Government hereby makes the following rules further to amend the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008, namely :- 1. (1) These rules may be called the Hazardous Waste (Management, Handling and Transboundary Movement) Second Amendment Rules, 2009. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 (hereinafter referred to as the said rules), in rule 16, in sub-rule (5), in the proviso, after the words "the exporting country", the words "or the inspection and certification agency approved by the Director General of Foreign Trade" shall be inserted. 3. In Schedule III to the said rules, in Part B, after the entries and before the Note, after the words "without any license or restriction", the word "or by importer registered with the State Pollution Control Board on behalf of the actual user who shall furnish the details of such import and particulars of the actual user along with quantities to the concerned State Pollution Control Board on a quarterly basis" shall be inserted. [F.No.23-27/2006-HSMD] RAJIV GAUBA, Jt. Secy. Note : The principal rules were published in the Gazette of India, Extraordinary vide notification number S.O. 2265 (E). dated the 24 th September, 2008 and subsequently amended vide number S.O. 1799 (E), dated the 21 st July, 2009. ********************** F. No. 23-76/2009-HSMD Government of India Ministry of Environment Forests Paryavaran Bhawan CGO Complex Lodi Road Delhi 110 003 Dated: 1 st October 2009 OFFICE MEMORANDUM Subject : Second Amendment to Hazardous Waste (Management Handling Transboundary) Rules, 2008. This has reference to the Second Amendment vide S.O. No.2447(E) dated 23rd September 2009 to the Hazardous Waste (Management, Handling Transboundry) Movement Rules, 2008 (25 copies enclosed). This amendment should be read in continuation of the earlier amendment of 21st July 2009. 2. These amendments pertain to the category of wastes, which do not require either MoEF approval or DGFT licence. i.e. wastes marked as ** category in the Schedule III (Part B) of the aforesaid Rules. 3. The first amendment pertains to Rule 16, sub-rule (5) which provides for ensuring that the shipment is accompanied by the Movement Document, i.e. Form 9 and pre-shipment inspection certificate issued by inspection agency certified by the exporting country. The alternative of an inspection and certification agency approved by the Director General of Foreign Trade(DGFT) has now been added. Further, in addition to actual user importers on behalf of actual users can also import subject to the following conditions- (a) The will require to be registered with the respective State Pollution Control Boards (SPCBs): and (b) They will furnish quarterly returns to the SPCBs, which will include details or actual users along with, the quantities. 4. With regard to the amended provision mentioned in the above para, the State Pollution Control Boards(SPCBs) have been requested to undertake registration of importers who intend to import wastes on behalf of the actual users. Since this is a new provision and registration by the SPCBs may take some time, it may not be feasible to apply this to the consignments that have already arrived or are in transit. An interim period of two months for registration may, therefore be allowed. Until then, Customs authorities could clear the consignments based on fulfillment of other conditions as stipulated in the Hazardous Waste Rules, 2008, so as to ensure there is no misdeclaration. 5. Instructions may accordingly be issued to the Customs Authorities. 6. This issues with the approval of Competent Authority. (Dr. Saroj) Director To: Ms. K. Subramaniam, Joint Secretary (Customs), Ministry of Finance, Department of Revenue, Government of India.