Overview of Hazardous Waste Export Authorisation
MoEF&CC is the nodal body to deal with the transboundary movement of hazardous and other wastes by the provisions of Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. The import of hazardous wastes from any country to India for disposal is not permitted. Hazardous Waste Export Authorisation must be obtained by exporters if they wish to export any of such waste mentioned in the Hazardous Waste Management Rules of 2016. The waste that is eligible for export from India is listed in Part A and B of Schedule III and Schedule VI and is permissible with prior authorisation from the MoEF&CC. In case of applications for the export of hazardous waste listed in Part A - Schedule III and Schedule VI, it will be considered based on the Prior Informed Consent of the importing country. The export of hazardous wastes that are not specified in Schedule III but exhibits hazardous characteristics outlined in Part C of Schedule III will require a prior written permission of the MoEF&CC before it is imported /exported to/from India, as the case may be.
Criteria to be met for Hazardous Waste Export
MoEF&CC or the CPCB may issue guidelines or standard operating procedures (SOP) for environmentally sound management of hazardous and other wastes regularly. Suppose the exporter’s action is contrary to the guidelines of MoEF&CC or the country of import; in that case, the Ministry may refuse to grant permission to export. Also, hazardous waste can be deemed illegal traffic by the authorities if
- The export is without permission of the Central Government.
- Movement document details do not conform to the shipping details.
- The permission is obtained through falsification, misrepresentation or fraud.
- Export may result in deliberate disposal (i.e., dumping) of hazardous or other waste in contravention of the Basel Convention and general principles of international or domestic law.
Prerequisites for Hazardous Waste Export Authorisation
Any occupier intending to export needs to make an application in Form 5 along with insurance cover to the MoEF&CC for the proposed transboundary movement of the hazardous waste together with the prior informed consent (PIC) in writing from the importing country. Before applying for authorisation following details must be arranged.
- The application should provide the name and address of the importer outside of India.
- Details of waste to be Exported like Quantity, Base number, type of movement functional (Single or Multiple movements), Chemical composition of the waste (with details), and Physical characteristics.
- Special handling requirements, if any.
- Details of the Port of Entry
- A Signed undertaking that the exported wastes will be taken back if it is not acceptable to the importer.
Documents needed for Hazardous Waste Export Authorisation
- Documents needed for export authorisation by MoEF&CC are
- Pan Card and UID of Authorized Person
- Pan card of the unit
- MOA and AOA/Partnership deed
- IEC
- GST Registration
- Consent to Operate of Unit
- Copy of Authorisation of the unit from the concerned SPCB
- Lab report for the waste to be exported.
Stages in Application Process for Hazardous Waste Export Authorisation
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Application to the MoEF&CC with required Documents Any occupier intending to export needs to make an application in Form 5 along with insurance cover to the MoEF&CC for the proposed transboundary movement of the hazardous wastes together with the prior informed consent (PIC) in writing from the importing country |
Scrutiny by MoEF&CC, SPCB and Custom Department MoEF&CC will scrutinise the application and forward a copy of the permission granted under sub-rule (2) to the SPCB having jurisdiction over where the waste is generated and to the SPCB of State having the port of export. The concerned Port and Customs authorities are also sent a copy to ensure compliance with the conditions of the export permission. |
Grant of Authorisation Under sub-rule (1) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, the MoEF&CC may permit the proposed export within sixty days from the submission date of the complete application. It also has the authority to impose additional conditions necessary for safe transit. |
Responsibilities of the Exporter of Hazardous Waste
The exporter must ensure that no consignment is shipped before the prior informed consent is received from the importing country, wherever applicable. The exporter must also ensure that movement documents in Form 6 accompany the shipment. The exporter of hazardous and other waste must maintain the records of the hazardous or other waste he exports in Form 3. The record so maintained should be available for inspection when demanded.
How will Enterclimate Assist You?
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Assisting you every step of the way Enterclimate provides a one-stop solution for the entire authorisation process and Legal Assistance in your Hazardous Waste Export Authorisation process. |
Expert Guidance in all scenarios Our expert and highly motivated professional team can provide you with all-inclusive assistance from the start till the end of your authorisation process. |
Professional customer Experience Enterclimate promises the best customer service experience. We ensure that our communication with our clients is always prompt, positive and seamless.
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