IMPORT AND EXPORT PERMISSION FOR HAZARDOUS WASTES FROM MOEFCC

As per Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, No hazardous or other waste from any country shall be imported into India for disposal. Importing hazardous and other wastes from any country is only permitted for recycling, recovery, reuse, and utilisation, including co-processing.

If the Export or import of goods contains hazardous waste, permission from the Ministry of Environment and Forest and climate change is required. In India, the Ministry of Environment, Forests, and Climate Change are the nodal Ministry for dealing with the transboundary movement of hazardous and other wastes.

Importers of Lead Scrap/Batteries Scrap, waste tyres/rubber scrap, used oil, and Electrical and Electronic Assemblies must obtain permission from the MoEF before importing these wastes to conforming their end use.

The exporter or importer shall submit an application in the prescribed format to the Ministry of Environment, Forests, and Climate Change to get permission to import/export hazardous wastes for recycling, recovery, reuse, and utilisation, including co-processing.

The importer/exporter shall keep records of the hazardous and other wastes he imports/Export in prescribed Form 3, and the record so maintained shall be made available for inspection.

The importer shall file an annual return in Form 4 to the State Pollution Control Board by the 30th of June following the fiscal year to which the return relates.

Hazardous and other waste samples up to 1000 gm or 1000 ml that are being imported for testing or research and development purposes are exempt from the requirement to obtain import permission.

The Port and Customs authorities shall ensure that the shipment is accompanied with the movement document and the test report of analysis of the waste and consignment from a laboratory accredited or recognised by the exporting country. In case of any doubt, the customs may verify the analysis.

• Import/Export of hazardous waste listed in Part A of Schedule III may be allowed with the prior informed consent of the exporting country and with the permission of MoEFCC.
• Export/import of other wastes listed in Part B of Schedule III may be allowed with the permission of MoEFCC. For the import used electrical and electronic assemblies, spares, parts, components (E-WASTE) listed in For Part B of Schedule III, the importer needs to obtain EPR authorisation.
• Export of hazardous and other wastes listed in Part A and Part B of Schedule VI shall be with the permission of MoEFCC.
• The importer does not need permission from the ministry to bring other wastes listed in Part D of Schedule III.
• No hazardous waste or other wastes listed in Schedule VI may be imported.
• Import and Export of hazardous and other wastes that are not listed in Schedule III but that exhibit the hazardous characteristics listed in Part C of Schedule III shall require Prior written permission from MoEFCC.

Application submission: Applicant shall apply in Form 5 along with the documents to the Ministry of Environment, Forest and Climate Change for the proposed import together with the prior informed consent of the exporting country.

Along with applying to the Ministry of Environment, Forest, and Climate Change, the applicant must also simultaneously send a copy of the application to the relevant State Pollution Control Board for information and acknowledgment in this regard from the relevant State Pollution Control Board shall be submitted to the MoEFCC along with the application.

Review of application: After receiving the complete application, the Ministry of Environment, Forestry, and Climate Change will review it while considering any comments and observations received from the State Pollution Control Boards

Grant of Import Permission: After reviewing the application, the ministry may grant import permission within sixty days subject to the condition that the importer has:

• the environmentally sound facilities;
• adequate arrangements for treatment and disposal of wastes generated;
• a valid authorisation and consents from the State Pollution Control Board;
• prior informed consent from the exporting country in case of Part A of Schedule III wastes.

The Ministry of Environment, Forests, and Climate Change shall send a copy of the permission to the relevant Port and Customs authorities, the Central Pollution Control Board, and the relevant State Pollution Control Board to ensure compliance with their respective functions listed in Schedule VII.

Application submission: Any occupier planning to export waste shall apply in Form 5 along with insurance coverage for the proposed transboundary movement of hazardous and other wastes, as well as the importing country's prior informed consent in writing for waste listed in Part A of Schedule III and Schedule VI.

Review of application: After receiving the complete application, the Ministry of Environment, Forestry, and Climate Change will review it.

Grant of export permission: On receipt of an application, the Ministry of Environment, Forestry, and Climate Change may grant permission for the proposed Export within sixty days of the date of complete application submission and may impose such conditions as it deems necessary.

The Ministry of Environment, Forestry, and Climate Change shall forward a copy of the permission granted to the State Pollution Control Board of the State where the waste is generated, the Pollution Control Board of the State where the port of Export is located, and the concerned Port and Customs authorities for ensuring compliance of the conditions of the export permission.

If you want to import/export waste such as Lead Scrap/Battery Scrap, waste tire/rubber scrap, used oil, and Electrical and Electronic Assemblies, you must obtain permission from the MoEF. A MoEF license from the Ministry of Environment, Forest, and Climate Change is required if the exported or imported goods contain hazardous waste.

Aleph India is a one-stop shop for all of your compliance requirements. We assist manufacturers, importers, and exporters in obtaining certification from various ministries under various schemes of government of India that are required to manufacture, sell, export, or import goods. Our compliance experts will guide you through each step of the process to ensure that everything runs smoothly and on time to meet your compliance requirements.

If you have any queries regarding the MoEF license, please call us at 9990136656 for a free consultation