Customs Circular No- 27/2011 dated 04.07.2011
Import of hazardous waste under Hazardous Waste (Management, Handling and
Transboundary) Rules, 2008 - Reg.
It is reported to the Board that 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. References have also been
received seeking clarification whether used computers imported for re-use need
permission of Ministry of Environment and Forest before clearance.
2. As the field formations are aware, 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 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 Board desires that the field formations 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 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. These instructions may be brought the notice of all concerned by way of
issuance of a suitable Public Notice/Standing Order.
6. Difficulties, if any, in implementation of these instructions may be
immediately brought to the notice of the Board.
F. No.401/130/2011-Cus III
Under Secretary (Customs-III/VI)