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  • Provide timely services
  • Assist in submission of mandated documents
  • Complete help in the authorisation process
  • Provide legal assistancerelated to waste export compliance

Overview regarding the waste export compliance

In Financial Year(FY) 2020-2021, from April to November, there was an export of waste material worth around 46.64 US million dollars from India to the US. It was around 36.66 per cent of the total export of waste material. The value of waste material exported from India in October 2020 was 20.63 US million dollars. Major countries where waste material was exported in October 2020 are the USA(6.07), United Arab Emirates (UAE)(3.18), Germany(1.83), France(1.2) and Spain(1.2). Therefore, to regulate such a considerable amount of waste exported from India, the Ministry of Environment, Forest and Climate Change has prescribed Waste Export Compliance that the exporter has to adhere to.

The list of waste applicable for export as mandated by the compliance is provided below:

  • Metal & metal-bearing waste comprising alloys of Antimony/cadmium/lead/tellurium
  • Waste with metal carbonyls
  • Galvanic sludge
  • Leaching residues from zinc processing/dust &sludges like jarosite/hematite
  • Wastes liquor from the pickling of metals
  • Metal & metal alloy wastes in metallic/non-dispersible form
  • Unsoiled/uncontaminated metal scrap, comprising alloys/in bulk, finished form of antimony scrap/beryllium scrap/cadmium scrap/lead waste except for lead acid battery/selenium scrap/tellurium scrap
  • Waste zinc residues
  • Waste with ingredients such as cadmium compounds/antimony compounds/lead compounds& tellurium compounds
  • Waste electrical &electronic assemblies/scrap
  • Wastes cover mainly inorganic elements/which can comprise metals &organic materials
  • Molybdenum/tungsten/titanium/niobium/tantalum& rhenium metal &metal alloy waste in metallic dispersible form
  • Mixed non-ferrous metal/heavy fraction scrap with cadmium/antimony/lead &tellurium
  • Glass wastes in the non-dispersible form
  • Precious metal-bearing remains in solid form with traces of inorganic cyanides
  • Wastes from mining operations in the non-dispersible form
  • Used multifunction print and copying machines
  • Calcium fluoride sludge

Export of e-waste as mandated by waste export compliance

According to recent analysis reports, India is considered the third largest contributor to e-waste generation. Developing countries like the USA, and the UK, upon realising the damage caused by the waste of Electrical and Electronic Equipment (EEE) to their country's environment and the health of their citizen, started shipping/importing their e-waste to developing countries like India. This gained a lot of attention and criticism from the international community (Basel Convention), leading to a total ban on the dumping of e-waste in other countries. But, in countries like India, where there is a large quantity of electronic waste with no proper or prominent infrastructure for its management and regulation, the export of e-waste is considered as saving grace and is allowed in a regulated manner. Thus, waste export compliance came into the picture.

Waste export compliance governing the responsibility of e-waste exporters

MoEF, under the Hazardous and Other Waste (Management, Handling and Transboundary Movement) Rules, 2016, has defined waste export compliance and exporters' responsibilities concerning exporting e-waste from India.

  • The exporter must apply through a centralised online portal under the Hazardous and Other Waste (Management, Handling and Transboundary Movement) Rules, 2016.
  • The e-waste exporter must facilitate the basic information like mobile number and e-mail address with the application.
  • Apart from basic information, exporters of e-waste are also required to provide a hard copy of the prescribed documents with the applications to the MoEF.
  • The applicant who is required to present before the expert committee must ensure that he/sheis present for two meetings. If the e-waste exporters are absent, their authorisation will be cancelled, after which they must submit a new application.

Documents required for e-waste export authorisation 

The authorisation application for WEEE (Waste Electrical and Electronic Equipment)/EEE scrap/EEE spare parts as a part of waste export compliance are required to be submitted with the mandatory documents listed below: -

  • Application for authorisation under Form 5 and insurance cover to MoEF for the anticipated e-waste export from India with the previous informed consent in the document.
  • Application from the country importing for all e-waste constituents recorded as per Part-A of Schedule III and Schedule VI of the Hazardous and Other Waste (Management, Handling and Transboundary Movement) Rules, 2016. 
  • Once the complete application is submitted to the MoEF&CC, the authorisation is provided for export. Along with this, a copy of the authorisation is also sent to the concerned PCB/SPCB. The following documents also accompany the application-
  • Export justification
  • Authorised Consent to Operate under Water and Air Act 
  • EPR authorisation 
  • Insurance policy including the liability to health and environment during transit 
  • Acknowledgement for a receipt of a copy of the application from the concerned SPCB/PCC
  • Agreement copy between the stakeholders
  • Copy of any authorisation issued by the MoEF&CC(if applicable)

Procedure for e-waste exporter for acquiring the authorisation  

  • To export WEEE, e-waste exporters must get authorisation from the MoEF. This is a crucial step stipulated under waste export compliance.
  • To export WEEE, e-waste exporters must acquire authorisation under which they are obligated to disclose a business set up in India.
  • Furthermore, the e-waste exporters are also mandated to acquire a Consent Certificate (Consent to Establish and Consent to Operate) from the PCB/SPCB, regulated by the CPCB and MoEF.
  • After the Consent to Establish and Consent to Operate is approved by the PCB/SPCB, as per international regulations and domestic law, the e-waste exporter is required to get the permission mentioned above/consent from the importing country.
  • The exporter must fulfil certain conditions before e-waste is exported from India. These are as follows -
  • The consent/prior agreement from the importing countries is compulsory before the e-waste is exported from India.  
  • According to waste export compliance, a movement document under Form 6 should complement the shipment.
  • The e-waste exporters must also note the accounts of the electronic waste handled.

The Certificate of Consent granted by the MoEF&CCremains in effect until the time specified by the PCB/SPCB.

Export of Hazardous Waste as mandated by waste export compliance

MoEF had defined hazardous waste as "any material, not including radioactive and domestic wastes, which because of its infectious, quantity and corrosive, reactive, toxic, and ignitable characteristics that bring about considerable hazards to environment/human health when inappropriately handled or channelised, managed stored and disposed of". 

As per the description given by the ministry, hazardous waste is waste with an unstable chemical configuration that, in case not disposed of or treated scientifically by taking appropriate measures, brings about considerable hazards to the environment/human health. Waste export compliance mandates proper management of such waste. 

In India, it is recorded that around 51.1 million metric tons of waste are produced annually. Among these, an estimated 43,936 industries generate around 7.46 MMT of hazardous and toxic waste. Therefore, to regulate this much waste, the government ratified the Hazardous Waste Rules, 2016. These rules, which oversee and regulate the proper Hazardous Waste Management, are governed by MoEF, CPCB and SPCB. These rules also mandate the Hazardous Waste Management Authorisation.

Authorisation from the ministry for Hazardous Waste Export 

According to the Hazardous and Other Wastes (Management, Handling and Transboundary Movement) Rules, 2016, MoEF acts as nodal authority for a transboundary moment and export of hazardous waste.

  • Any producer wanting to export hazardous waste listed under Part A and B of Schedule III or VI of 2016 rules is prescribed to apply for authorisation under Form 5 to MoEF. This form must accompany a copy of insurance for the anticipated transboundary movement of hazardous and other wastes (export of Hazardous Waste), and if mandated under the act as per the nature of the waste, the importing country's prior informed consent in writing.
  • Once the Ministry of Environment gets the application, under sub-rule (1), it may grant permission for the expected export of waste mentioned under the rules within sixty days of acceptance of the completed application. It may impose any guidelines it feels applicable.
  • To makes sure that waste export compliance meetswith the regulations of the export of Hazardous Waste authorisation, MOEF & CC forwards a copy of the authorisation granted to the SPCB of the concerned state where the waste is generated, the PCB of the concerned state where the port of export is located, and the relevant Port and Customs authorities.
  • Wherever possible, the exporter of the waste listed under 2016 must ensure that no shipment is shipped before receiving informed consent from the importing country's government.
  • The exporter must also guarantee that the movement paper accompanies the current delivery under Form 6.
  • Also, the exporter must maintain achievements in Form 3 for the hazardous waste he has transported. The information must be available for examination when required.

Documents required

  • Pan card and UID of Authorised person
  • Pan card of the unit
  • MOA and AOA/Partnership deed
  • IEC (the Importer-Exporter Code)
  • GST
  • Consent to Operate the unit
  • Authorisation of the unit
  • Photograph and video of running plant
  • Lab report

Export of wastepaper as mandated by waste export compliance 

The paper waste consists of any waste, including paper products and writing paper. This waste, listed under the Hazardous and Other Wastes (Management, Handling and Transboundary Movement) Rules, 2016, is transferred to 59 countries from India having HS Code 470630.

According to the survey done between April and November, the export of wastepaper and its products from India is estimated to be 7.14 million US dollars in 2020-2021. Associated with the export values each year, the stats have increased by 234.43 per cent from 0.61 million US dollars in 2017 to 2.04 million US dollars in 2018.

India exports paper waste to 59 partners/states worldwide, adhering to waste export compliance. Among export partner states/countries, China is the leading importer of paper waste from India, with batches worth 6.71 million US dollars, which is 93.98 per cent of India's export rate. Following China, Ukraine also exports paper waste at 6.71 million US dollars with a 3.64 per cent share, followed by UAE with 0.04 million US dollars, Bangladesh with 0.03 million US dollars and Nepal with 0.02 million US dollars.

Authorisation needed for export of paper waste 

The authorisation for the export of paper waste is regulated under the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008. Besides adhering to waste export compliance, for authorisation, the exporter has to apply under Form 5 with the reasoning for the export activity and the additional documents. Once the authority reviews this form and the mandated documents, the authorisation for the export of paper waste is granted.

Documents required for submission

The documents which are compulsory while applying for hazardous waste authorisation for regulations governing the import and export of wastepaper are as follows: -

  • CTO (Consent to Operate)
  • Certificate of incorporation (CIN)/LLP
  • CTE (Consent to Establish)
  • MOA
  • AOA
  • Board resolution for appointing an authorised person
  • Aadhaar card
  • PAN copy
  • Layout plans
  • GST certificate of business
  • Rent/proof of ownership
  • Factory/Trade license

Export of plastic waste as mandated by waste export compliance 

Almost 41 countries and territories actively import waste plastic from India. The combined value of total export is 0.52 USD million. The top five countries to export Waste Plastic from India. From the perspective of the data on waste plastic export, India's top 5 trade partners who import waste plastic from Indian exporters are countries like Nepal, Vietnam etc. However, the total export value of the top 5 countries is 0.49 USD million, 94.23% of the total export value of waste plastic. Hence, the need forwaste export compliance is justified.

Authorisation from the ministry for export of plastic waste  

The authorisation application for plastic scrap or plastic waste is required to be submitted with the mandatory documents listed below: -

  • Application for authorisation under Form 5 and insurance cover to MoEF for the anticipated plastic waste export from India. The application must be accompanied by the previous informed consent from the country importing all plastic waste constituents recorded under the Schedule of Hazardous and Other Waste (Management, Handling and Transboundary Movement) Rules, 2016.
  • Once the application for the authorisation is submitted to the MoEF&CC, the authorisation is provided for the export of plastic waste. Along with this, a copy of the authorisation is also sent to the concerned PCB/SPCB. Following documents are also required as mandated by the waste export compliance -
  • Export justification
  • Authorised Consent to Operate under Water and Air Act
  • EPR authorisation  
  • Insurance policy including the liability to health and environment during transit 
  • Acknowledgement for a receipt of a copy of the application from the concerned PCB/SPCB
  • Agreement copy between the stakeholders
  • Copy of any authorisation issued by the MoEFCC(if applicable)

Documents required

  • Pan card and UID of the authorised person
  • Pan card of the unit
  • MOA and AOA/Partnership deed
  • IEC
  • GST
  • Consent to Operate the unit
  • Authorisation of the unit
  • Photograph and video of running plant
  • Lab report

Import Export Code (IEC) registration for India as mandated by waste export compliance

Issued by the Ministry of Commerce, IEC is the unique ten-digit code mandatory for every importer and exporter in India. This code is granted by the Director-General of Foreign Trade and does not further require filing or renewal. The application for the Import Export Code is submitted online with the mandated documents, bank details and Digital Signature Certificate (DSC). The authorities then verify these, after which the code is granted as a soft copy to the business owner.

Documents Required

The Ministry of Commerce mandates the following documents required for an IEC registration -

  • PAN card of the company
  • Applicant's PAN
  • Aadhaar card
  • Company Incorporation Certificate or partnership deed
  • Address proof
  • Copy of cancelled cheque leaf/banker certificate of the current account in the company's name

GST Certificate 

Document required for GST Certificate 

  • PAN card
  • Incorporation Certificate approved by the Ministry of Corporate Affairs
  • MOA (Memorandum of Association)
  • AOA (Article of Association)
  • Aadhaar Card
  • Electricity bill or water bill

· Bank details

How can Enterclimate assist you? 

Personalised legal assistance

Our legal experts offer assistance through the process of adhering to waste export compliance.

 

Aid in annual report filing

We offer comprehensive guidance individually catering to your specialised needs. Our team of an expert also guide documentation. 

Support on filing for a compliance certificate

Our expert team also delivers a thorough service for filing an export waste compliance certificate.

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