Imp Sup : 24/2004
Exp Sup : 24/2004
F.No. S/26-200/2004 A(G)

PUBLIC NOTICE NO 48/2004, Date : 15.07.2004

Sub. - Kind attention is invited of all concerned to the judgement dtd. 14.10.2003 of the Hon’ble Supreme Court of India in WP No. 657 in Research Foundation for Science Technology and National Resource Policy vs Union of India relating to import of hazardous wastes.

As per the directions of Hon’ble Supreme Court in the abovesaid case :-

1. The Importers while seeking permission to Import used oil, furnace oil and zinc waste are required to furnish a bank guarantee as per the Provisions made by MoEF. Such bank guarantee will be released only after the imported consignment is found to conform to the declared item of import.

2. Before clearance of any hazardous waste into India the consignment in question should correspond with the details of authenticated copy of Form 7 (as per the Hazardous Waste Rules) sent by the country of Export.

3. The banned stocks of hazardous waste lying at Port will be either re-exported, if permissible or destroyed at the risk, cost and the consequence of Importer. However, the stocks that are regulated and are permitted for recycling and reprocessing within the permissible parameters by specified authorized persons having the requisite facilities under the Rules as amended the same will be released / disposed off or auctioned as per Rules to the registered recyclers / reprocessors but before allowing clearance for recycling and domestic use, clearances have to be obtained from Monitoring Committee on Hazardous Waste.

4. Where the importer of any of the categories is not traceable, the consignments shall be dealt with at the risk, cost and consequences of the importer. The disposal / auction of the above two categories of hazardous waste shall be carried out under the supervision of the Monitoring Committee on Hazardous Waste Management. The details of the names and addresses of the Committee members are enclosed in Annexure A (No. 23-16/96-HSMD-Vol. III dtd. 20.11.2003 of Ministry of Environment and Forests, HSM Division). The Committee has been empowered to oversee the implementation of the Hon’ble Supreme Court ‘s orders on hazardous waste management in WP 657 of 1995.

For the full extent and scope of the judgement full text of the Supreme Court Judgement maybe referred to. In this regard, Board’s Circular No. 31/2004-Cus. Dtd. 26.04.2004 vide F.No. 405/2/2001-Cus.III may also be referred,

(AHMED HUSSAIN)
COMMISSIONER OF CUSTOMS

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