Office of the Commissioner of Customs, Kandla,

Custom House, Near Balaji Temple, Kandla (Kachchh).

Phone: 02836- 271 468        Fax: 02836- 271 467

 

PUBLIC NOTICE NO. 28/2009 date 30.06.2009

 

       Attention of all importers, CHA, trade and all others concerned, is invited to the Hazardous Waste (Management, Handling and Trans-Boundary Movement) Rules,2008 (herein after referred to as “HWR” for the sake of brevity). These Rules have been enacted by the Ministry of Environment and Forest, Government of India, in exercise of power conferred under Section 6,8 and 25 of the Environment Protection Act, 1986(29 of 1886) and in supersession of the Hazardous Waste(Management and Handling)Rules,1989.

 

2.         Chapter IV of the said Rules, provides in details the procedure for import and export of Hazardous Waste. Salient feature of HWR are:

 

(i)         All the items listed in Part A of the Schedule-III are restricted and shall require Prior Informed Consent as well as permission from the Ministry of Environment & Forest, and shall require Licence from DGFT and the prior written permission of the Central Government.

 

(ii)        For all items listed in Part B of the Schedule III, shall not require Prior Informed Consent as well as permission from Ministry of Environment & Forest. Further, various items in the Part B have been categorized into 4 catagories, with the attendant conditions attached to each item, which are as under;                  

 

                  

Category

Requirement

With two astrics

**

Import permitted in the country without any license or restriction.

With Three astrics

***

Import permitted in the country for recycling/ reprocessing by units registered with MOEF/CPCB and having DGFT license.

With Four astrics

****

Import permitted in the country by the actual user with MOEF permission and DGFT license.

With no astrics

 

All other wastes listed in Schedule-III(Part-B) having no”Star/s(*…)can only be imported in to the country with the permission of MOEF.

 

 

                   (iii)    All the items of the Hazardous Wastes not specified in Part A and Part B of Schedule III but having the hazardous characteristics out lined in Part C of the said Schedule shall require the prior written permission of the Central Government, before it is imported into or exported from India, as the case may be.

3.            All provisions of HWR will be strictly adhered to, notwithstanding to earlier practice followed in this Custom House or other Custom House.

 

4.            In case of non-compliance of any of the conditions, as per the provisions of Rule 17(2) of HWR provides

 

                  “the importer shall re-export the waste in question at his cost within a period of ninety days from the  date of its arrival into India and its implementation will be ensured by the concerned State Pollution Control Board”.

 

 

              In case such goods are not cleared within 30 days of unloading, the matter would be referred to the State Pollution Control Board for necessary action at their end in terms of the aforesaid provision.

 

    5.       The importer(s) may apply for availing the option to keep the goods in Public Bonded Warehouse with adequate infrastructure under Section 49 of the Customs Act, 1962, to avoid detention and demurrage charges, till the time it is re-exported or cleared as per the provisions of the HWR.

                                                                                          

                                                                                          (D. S. Negi)

                                Commissioner

F.NO.S/01-02/2009-Appg (G)                                        

Date:  30.06.2009                                                                           

 

To,

  1. The Chief Commissioner of Customs, Gujarat Zone, Ahmedabad.
  2. All Additional/Joint Commissioners of Customs, C.H.Kandla.
  3. All the Deputy/Assistant Commissioner of Customs, C.H.Kandla/ Mundra.
  4. The Assistant Commissioner of Customs, Customs Division, Bhuj.
  5. All Groups/ Sections, Customs, Kandla.
  6. The Gujarat Chamber of Commerce & Industries, Ahmedabad.
  7. The Southern Gujarat Chamber of Commerce & Industries, Surat.
  8. The Gandhidham Chamber of Commerce & Industries, Gandhidham.
  9. The Kandla Custom House Agents’ Association, Gandhidham.
  10. The Mundra Custom House Agents’ Association, Mundra.
  11. The Kandla Port Steamship Agents’ Association, Gandhidham.
  12. The Mundra Port Steamship Agents’ Association, Mundra.
  13. The Container Freight Station Association of Mundra, Bharat CFS Zone- 1, Mundra.
  14. The Chairman, Kandla Port Trust, Gandhidham.
  15. Notice Board / Guard File.