Prohibitions and Restrictions - Import controls on hazardous wastes - Customs - F. No.405/4/92-Cus. III

Prohibitions and Restrictions - Import controls on hazardous wastes F. No.405/4/92-Cus. III Dated 1-9-1992 Government of India Ministry of Finance (Department of Revenue) Central Board of Excise Customs, New Delhi Subject : Prohibitions and Restrictions - Import controls on hazardous wastes - Regarding. As awared, a number of instances have been noticed around the world where some of the countries have attempted to dump hazardous wastes in the developing countries. A few cases of import of hazardous wastes to India have also been noticed. In many cases, the wastes are imported in the guise of chemicals through misdeclaration of the description of the goods. In most of the cases the import of such hazardous waste is for dumping and disposal. Only in a few cases it is for reuse of processing. Even in this activity the process of recovery could be hazardous and the residues from such processes are also likely to pose problems for disposal. In most of the cases such wastes are not disposed of in an environmentally sound manner. 2. To control the trans-boundary movement of such hazardous wastes, an international Convention has been evolved by the UNEP. The Convention known as the Basel Convention on Control of Trans-Boundary Movements of Hazardous Wastes and their disposal has come into force with effect from 5-5-1992. The Government of India have ratified this Convention and, accordingly, are obliged to implement the provisions of the Convention both for import and export of hazardous wastes. 3. The Hazardous Wastes (Management Handling) Rules, 1989 notified by the Ministry of Environment and Forests under the Environment (Protection) Act, 1986 provide for control on the generation, collection, storage, transport, treatment, disposal and import of hazardous wastes. A copy of the Rules is annexed. According to these Rules, 18 categories of hazardous wastes as listed in the Schedule annexed to the Rules cannot be imported for dumping and disposal. Import of such wastes may be allowed for processing after examining each case on merit by the specified agency. Under the Rules, the exporter is required to communicate the details of the wastes to the Government of India (Ministry of Environment and Forests) about the proposed trans-boundary movement of the hazardous wastes. It is only after a permission has been obtained from the Central Government that the import of such hazardous wastes could be allowed. Even after a permission has been allowed for import, necessary instructions have to be given to the Port authorities at the Port of entry for taking adequate steps for safe handling of the consignments. 4. In terms of Section III(b) of the Customs Act, any goods which are imported contrary to any prohibition imposed under law for the time being in force are liable for confiscation. All the officers under your charge,. may, therefore, be apprised of the provisions of these Rules and asked to be alert and careful in allowing importation of hazardous wastes in the country through misdeclaration as chemicals or otherwise and to ensure that import of such wastes is strictly in accordance with the provisions of the aforesaid Rules. The officers have also to be careful about smuggling of these waste into the country.