MOEF Consulting for Hazardous waste Import-export

Permission from the Ministry of Environment, Forest and Climate Change (MoEFCC) is a mandatory requirement for the import and export of specific categories of goods, particularly hazardous and other wastes. This regulation is governed by the Hazardous and Other Wastes (Management and Tran’s boundary Movement) Rules, 2016, and is a critical part of India's commitment to international environmental agreements like the Basel Convention.

Purpose of the MoEFCC Permission

The core purpose of this permission is to ensure that the Trans boundary movement of waste is conducted in an environmentally sound and responsible manner. Key objectives include:
•    Preventing Illegal Dumping: The rules strictly prohibit the import of hazardous waste for the purpose of disposal in India.
•    Facilitating Resource Recovery: The import of waste is permitted only for legitimate purposes such as recycling, recovery, reuse, and co-processing, which are essential for a circular economy.
•    Environmental Safeguards: The permission process requires importers and exporters to demonstrate that they have the necessary infrastructure, technology, and processes to handle the waste safely and prevent environmental harm.
•    International Compliance: It ensures that India fulfills its obligations under the Basel Convention, which regulates the movement of hazardous waste between countries.
The MoEFCC permit is required for a wide range of materials listed in the Schedules of the Hazardous and Other Wastes Rules, 2016. These generally include:
•    Hazardous Wastes: This covers a broad spectrum of industrial, chemical, and metal-bearing wastes that are toxic, flammable, or otherwise harmful.
•    E-Waste: Electronic and electrical assemblies, components, and scrap that are often imported for refurbishment, recycling, or as spare parts.
•    Waste Tires and Rubber Scrap: Used tires and rubber scrap that are imported for recycling into crumb rubber or other products.
•    Used Oil and Lead Scrap: These are commonly imported for reprocessing and reuse.
 

The import of hazardous and other wastes into India is a highly regulated process governed by the Hazardous and Other Wastes (Management and Trans boundary Movement) Rules, 2016. The procedure is designed to ensure that waste is not imported for illegal dumping and that it is only used by authorized entities for environmentally sound recycling, recovery, or reuse.

Eligibility and Authorization

•    Actual User Status: Only an "actual user" is permitted to import hazardous and other wastes. An actual user is an industry that utilizes the waste as a raw material in its production process. A trader may also import on behalf of an actual user, but they must have a one-time authorization for this purpose.
•    Valid Authorizations: The importer must possess valid authorizations and consents from the State Pollution Control Board (SPCB) for the handling and management of hazardous waste and a valid "Consent to Operate" under the Air and Water Acts.

  Application for Permission (NOC)

•    Application to MoEFCC: The importer must submit an online application in Form 5 to the Ministry of Environment, Forest and Climate Change (MoEFCC) through the designated portal (e.g., the National Single Window System).
•    Simultaneous Submission to SPCB: A copy of the application must be simultaneously submitted to the concerned State Pollution Control Board (SPCB) for their review and comments. The acknowledgment of this submission from the SPCB must be included in the application to the MoEFCC.
•    Justification and Technical Details: The application must include a detailed justification for the import, including a process flow chart showing how the waste will be handled, processed, and utilized.
 

The export of hazardous and other wastes from India is a highly regulated process governed by the Hazardous and Other Wastes (Management and Trans boundary Movement) Rules, 2016. The procedure is designed to ensure compliance with the Basel Convention, a global treaty that prevents the dumping of hazardous waste in countries that lack the capacity to manage it.
The overall principle is that waste can only be exported to an "actual user" or a facility with the capacity for environmentally sound management, and only with the explicit consent of the importing country.

1.  Determine Eligibility and Type of Waste

•    Permitted Wastes: Export is generally allowed for wastes that are listed in the schedules of the 2016 Rules, such as certain types of e-waste, metallic scrap, or waste oils, but only for recycling, recovery, or reuse.
•    Exporter Status: The exporter must be the actual generator or a party authorized to handle the waste.

2.  Obtain Prior Informed Consent (PIC)

•    Mandatory for Certain Wastes: For highly restricted hazardous wastes listed in Part A of Schedule III and Schedule VI of the Rules, the exporter must obtain a Prior Informed Consent (PIC) in writing from the competent authority of the importing country. This is a crucial step and without it, the export cannot proceed.
•    Documentation: This consent is a formal letter acknowledging that the importing country is aware of the waste's nature and has agreed to receive it.

3.  Application for Permission (NOC)

•    Application to MoEFCC: The exporter must submit an online application in Form 5 to the Ministry of Environment, Forest and Climate Change (MoEFCC). This is the central permission-granting authority.
•    Supporting Documents: The application must be accompanied by a comprehensive set of documents, which include:
--    The Prior Informed Consent (PIC) from the importing country.
--    A valid Consent to Operate from the State Pollution Control Board (SPCB) and a valid authorization for hazardous waste management.
--    A copy of the agreement or contract with the buyer/importer.
--    Proof of adequate insurance coverage for the Trans boundary movement, which must cover both transit and any potential clean-up operations in case of an accident.
--    A notarized undertaking from the exporter, including a commitment to take back the waste if it is rejected by the importer.
--    A detailed chemical analysis report of the waste from an accredited lab.
 

The import and export of a wide range of materials require prior permission from the Ministry of Environment, Forest and Climate Change (MoEFCC). This is primarily to regulate the Trans boundary movement of hazardous and other wastes, as stipulated under the Hazardous and Other Wastes (Management and Tran’s boundary Movement) Rules, 2016.
The specific items that require prior permission are detailed in the various schedules of these rules. The level of restriction and the documents required vary depending on the type of waste 

Hazardous Wastes

This is the most significant category, covering materials that are toxic, corrosive, flammable, or otherwise harmful. Permission is required for both import and export of these materials, which are categorized in the following schedules:

•    Schedule III (Part A): This lists hazardous wastes that require Prior Informed Consent (PIC) from the importing or exporting country. These are typically highly restricted wastes, such as those containing toxic metals (e.g., lead, cadmium), waste mineral oils, and certain chemical residues.

•    Schedule VI: This list includes specific hazardous wastes that are banned for import and export.

Other Wastes (for recycling and reuse)

The MoEFCC rules also regulate the import of certain non-hazardous wastes that are considered valuable resources for recycling. These wastes are listed in:

•    Schedule III (Part B): This includes "other wastes" that can be imported for recycling, recovery, or reuse without prior permission from the MoEFCC, provided they meet certain conditions and are not mixed with hazardous wastes. Examples include certain types of plastic scrap, paper waste, and glass cullets. However, if these wastes are mixed with any hazardous material, they fall under the strict permission requirements.

•    Used Tires and Rubber Scrap: Import of used tires is regulated and requires a permit.
 

E-Waste (Electronic Waste)

The import and export of used electrical and electronic assemblies, equipment, and their components are strictly controlled. This is to prevent India from becoming a dumping ground for e-waste from developed nations. Prior permission is required for the import of items like:

•    Used Electrical and Electronic Assemblies (EEAs): This includes items like used computers, printers, and medical equipment. Permission is often granted with the condition that the items are for a specific purpose (e.g., refurbishment, repair) and must be re-exported after use.

•    Used Electrical and Electronic Equipment (EEEs): The import of certain used, high-value medical equipment also requires a permit from the MoEFCC.
 

The documents required for Import/Export Permission from MoEF&CC depend on the type of material (Hazardous Waste, Ozone Depleting Substances, Wildlife, Plastic Waste, etc.).
But MoEF&CC has prescribed some common mandatory documents across categories, plus category-specific documents.

Common Documents required (for all applications)

1.  Application Form – submitted through Parivesh Portal (https://parivesh.nic.in).
2.  Company Documents
--   IEC (Import Export Code from DGFT)
--   PAN, GST, CIN / MSME certificate
--   Company incorporation/registration certificate
3.  Authorization from SPCB/PCC (State Pollution Control Board or Pollution Control Committee) – e.g., Hazardous Waste Authorization.
4.  Detailed Project/Activity Report with purpose of import/export.
5.  Material Details
--   Type of material (waste, ODS, wildlife item, plastic, etc.)
--   Quantity, physical/chemical composition
--   HS Code / Customs Tariff Code
--   Country of origin / destination
6.  Agreement/Contract between Importer & Exporter (if applicable).
7.  Undertaking / Affidavit on compliance with MoEF&CC rules.
8.  Digital Signature Certificate (DSC) of authorized signatory.

Category-Specific Documents

1.  Documents required for import /export of hazardous waste

•    Justification for import
•    Valid State Pollution Board CTO / CCA & HW Authorization 
•    Copy of lead analysis report in soil, air, water, stack and blood of the workers.
•    Process flow chart indicating adequate pollution control equipment including alkaline scrubber and battery breaking system for unit of more than 10,000 MTA of ISRI Code RAINS.
•    Photographs & Video CD of running plant.
•    Acknowledgement for receipt of copy of application from the Concerned State Pollution Control Board (SPCB) / Pollution Control Committee (PCC)

2.  Documents required for Import of PET scrap/plastic scrap/Acrylic plastics etc

•    Justification for import
•    Valid Consent to Operate under Water Act, I9Z4 and Air Act, 1981.
•    Process flow chart indicating adequate pollution control equipment.
•    Exporter's certificate for virgin plastic from industries except for import of PET bottle scrap
•    List of users
•    Photographs & Video CD of running plant.
•    Acknowledgement receipt of copy of application from concerned State Pollution Control Board (SPCB) / Pollution Control Committee (PCC)

3.  Documents required for Import of waste tyres/rubber scrap

•    Justification for import
•    Valid Consent to Operate under Water Act, L9T4 and Air Act, 1981.
•    Process flow chart indicating adequate pollution control equipment.
•    List of users
•    Photographs & Video CD of running plant.
•    Acknowledgement for receipt of copy of application from concerned state Pollution control Board (SPCB)/ Pollution Control Committee (PCC)

Note: The application for, import of waste tyres for purpose of the manufacture of Tyre Pyrolysis Oil (TPO) through pyrolysis process is not being considered by the Expert Committee (EC) due to pending decision at DGFT

4.  Documents required for import of EEAs for repair in India and re-export

•    Justification for import
•    Undertaking for re-export
•    Details of previous import, if there has been any and confirmation regarding their re- export
•    Acknowledgement for receipt of copy of application from concerned State Pollution Control Board (SPCB)/ Pollution Control Committee (PCC)

5.  Documents required for Import of used EEAs on Loan / testing purpose/ projects/R&D 

•    Justification for import
•    If being imported on returnable basis than undertaking for re-export
•    Chartered Engineer Certificate indicating the manufacturing date, residual life and serial number.
•    Details of previous import, if there has been any and confirmation regarding their re- export
•    Acknowledgement for receipt of copy of application from concerned State Pollution Control Board

6.  Documents required for Import of used EEAs for their re-use

•    Justification for import
•    If being imported on returnable re-export Rules,2OO8 basis then undertaking for re-export
•    If refurbished components being imported as replacement to defective component then undertaking for export of equivalent numbers of defective components
•    Chartered Engineer Certificate from exporting Country indicating the manufacturing date, residual life and serial number.
•    Details of previous import, if there has been any and confirmation regarding their re- export.
•    In case of capital items particularly medical equipment the fact that the machine has been refurbished at the OEM factory and after sales service is provided by the supplier/importer.
•    Acknowledgement for receipt of copy of application from  concerned state Pollution control Board (SPCB) / pollution  Control Committee (PCC)

7.  Documents required for Import of used MFDs

•    Importers have valid Authorization as per the e-waste (Management and Handling) Rules, 2008.
•    MFDs should only be for print size of A3 and above
•    Undertaking that the MFDs will be fully functional with a residual life of minimum five years to be substantiated by
•    Chartered Engineer Certificate (CEC) from the exporting country indicating the manufacturing date, residual life and serial number.
•    The importer will furnish previous import details and the use to which the previously imported machines have been put to.
•    Proposed use / utilization details of MFDs to be imported.
•    Proof of annual returns filed by the importers to their concerned SPCBs / PCCs for all previous import, if applicable.

Further, in addition to all the above the custom Authority will also verify the following prior to giving clearance to such import:

•    MFDs shall be free of any transit damage and shall be functional and in usable condition
•    The importer shall have valid authorization from DGFT for such import