In accordance with the provisions of hazardous waste management laws the ministry of environment forest and climate change (MOEF) will serve as the nodal ministry for dealing with the transboundary movement of hazardous and other wastes.

General MOEF guidelines for import and export of hazardous  and other wastes.

  1. No hazardous or other wastes from any country may be imported into India for disposal
  2. Only recycling, recovery ,reuse and utilisation ,including co-processing ,are allowed for hazardous and other waste imports from any region.
  3. Other wastes in part B of schedule iii may be imported by actual user with the ministry of environment ,forest and climate change permission.
  4. Actual user may be able to import hazardous waste in part A of schedule iii with the prior informed consent of the exporting country and with approval of the ministry of environment ,forest and climate change.
  5. The importation of the hazardous and other wastes included in schedule vi is prohibited.
  6. The ministry of environment ,forest and climate  change may grant permission for the export of hazardous and other wastes from India specified in part A and part B of schedule iii and schedule vi. Application for the export of hazardous and other waste specified in part of schedule iii and schedule vi will be considered with importing country’s prior informed consent.
  7. Hazardous and other wastes that are not included in schedule iii but exhibit the hazardous characteristics outlined in part c of schedule iii must first be approved in writing by the ministry of environment forest and climate change before being imported into or exported from India ,as the case may be.

Import/Export Permission from MOEF

What is the import /export permission from MOEF?

WHAT IS THE IMPORT PROCEDURE FOR HAZARDOUS AND OTHER WASTE.

  • Actual users intending to import or transit hazardous and other wastes included in Part A and Part B of Schedule III must apply to the Ministry (MOEF) in Form 5 along with the documents listed therein for the proposed import, as well as the prior informed consent of the exporting country in the case of Part A of Schedule III waste, and must send a copy of the application to the Ministry (MOEF) along with acknowledgement from concerned State Pollution Control Board.
  • In order to import any used electrical and electronic assemblies, spares, parts, components, or consumables listed in Schedule I of the E-Waste (Management and Handling) Rules, 2011, as amended from time to time, the importer must obtain extended producer responsibility-authorization as producer under the said E-Waste (Management and Handling) Rules, 2011.
  • The Ministry of Environment, Forest and Climate Change (MOEF) shall review the complete application with respect to Parts A and B of Schedule III, taking into account any comments and observations obtained from the State Pollution Control Boards, and may grant permission for import within sixty days, subject to the condition that the importer has complied with all of the requirements of Schedule II
  1. environmentally sound facilities;
  2. appropriate arrangements for the treatment and disposal of wastes generated;
  3. valid State Pollution Control Board authorization and consents;
  4. prior informed consent from the exporting country in the case of Part A of Schedule III wastes.
  • A copy of the permission shall be forwarded by the Ministry of Environment, Forest and Climate Change (MOEF) to the concerned Port and Customs authorities, the Central Pollution Control Board, and the concerned State Pollution Control Board for ensuring compliance with their respective functions set forth in Schedule VII.
  • IThe importer of hazardous and other wastes must keep records in Form 3 of the hazardous and other wastes he imports, and the records must be made available for inspection.
  • On or before the 30th day of June following the financial year to which the return relates, the importer of hazardous and other wastes must file an annual return in Form 4 with the State Pollution Control Board.
  • HWM regulations exclude samples of hazardous and other wastes imported for testing or research and development purposes up to 1000 gm or 1000 ml from the need to obtain approval for import.

The port and customs authorities must ensure that the shipment is accompanied by the movement document (Form 6) and, where appropriate, a test report of waste analysis from a laboratory approved or recognised by the exporting country. Customs can check the analysis if there is any doubt.

WHAT IS THE EXPORT PROCEDURE FOR HAZARDOUS AND OTHER WASTE FROM INDIA .

  • Any occupier intending to export waste listed in Part A of Schedule III, Part B of Schedule III, or Schedule VI must submit an application in Form 5 to the Ministry of Environment, Forest and Climate Change (MOEF) along with proof of insurance, for the proposed transboundary movement of hazardous and other wastes, as well as the importing country’s prior informed consent in writing.
  • The Ministry of Environment, Forest and Climate Change (MOEF), upon receipt of an application under sub-rule (1), may grant permission for the proposed export within sixty days of receipt of the complete application and may enforce any conditions it feels applicable.
  • For the purpose of ensuring compliance with the conditions of the export permit, the Ministry of Environment, Forest and Climate Change (MOEF) shall forward a copy of the permission granted under sub-rule (2) to the State Pollution Control Board of the State where the waste is produced, the Pollution Control Board of the State where the port of export is located, and the concerned Port and Customs authorities.
  • Wherever possible, the exporter must ensure that no consignment is shipped before receiving prior informed consent from the importing government.
  • The exporter must also make sure the current shipment is accompanied by a Form 6 movement paper.
  • The exporter of hazardous and other wastes must keep records in Form 3 of the hazardous and other wastes he has shipped, and the records must be available for inspection.

The following main items need prior permission from MOEF for import/export

Import

  • Lead Scrap
  • Battery Scrap
  • Waste tyre
  • Rubber scrap
  • Electrical and Electronic Assembles (EEAs) for repair or renting in India or re-export after one year
  • Electrical and Electronic Assembles (EEAs) for testing purpose/R&D/Projects and re-exported three years
  • Used Electrical and Electronic Assembles (EEAs) including medical equipment for their reuse purpose
  • Used oil

Import

  • Used EEAs/EEAs Spares/EEAs Scrap
  • Catalytic converter or other such waste referred in Hazardous and Other Waste rules 2016

WHAT ARE THE DOCUMENTS REQUIRED FOR PERMISSION FROM MOEF

  1. Pan Card and UID of Authorized Person
  2. Pan card of Unit
  3. MOA and AOA/Partnership deed
  4. IEC
  5. GST
  6. Consent to Operate of Unit
  7. Authorization of unit
  8. Photograph and video of running plant
  9. Lab report
  1. Aadhar card and pan card of Authorized Person.
  2. CTO + Authorization from State Pollution Control Board .
  3. Chartered Engineer Certificate (Sample Attached).
  4. Copy of the agreement between the buyer and seller /importer and exporter (Sample Attached).
  5. Marine Insurance policy covering liability to health and environment during transit (Sample attached).
  6. CTO.