Introduction: Hazardous Materials

The Ministry of Environment and Forests shall be the nodal Ministry to deal with the Trans-Boundary movement of all hazardous materials and to grant permission for the transit of hazardous materials through any part of India.

• Import of hazardous wastes from any country to India for disposal shall not be permitted.
• Export of hazardous wastes from India is allowed to an actual user of the wastes or operator of disposal facility with the Prior Informed Consent of the importing country to ensure environmentally sound management of the hazardous waste in question. 

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Procedures for import and export of hazardous materials

• An exporter shall communicate in Form 1 to the Central Government in the Ministry of Environment and Forests of the proposed transboundary movement of hazardous wastes together with the Prior Informed Consent in writing from the importing country and a legal bond or full cover insurance policy for the consignment.
• On receipt of such documentation, after authentication of the same, the Central Government shall give a ‘No Objection Certificate’ to the proposed export and may impose conditions, as it may consider necessary.
• The Central Government shall forward a copy of the ‘No Objection Certificate’ granted, to the Central Pollution Control Board, the concerned State Pollution Control Board, the Pollution Control Committee of the UT, and the concerned Port and Customs authorities for ensure compliance of the conditions if any of export and to take appropriate steps for safe handling of the waste shipment.
• The exporter shall ensure that no consignment is shipped before the ‘No Objection Certificate’ is received.
• The exporter shall also ensure that the shipment is accompanied by the Movement Document, Form 2.

Procedure for Export of Hazardous materials requiring Prior Informed Consent

• The exporter of hazardous material shall apply at least ninety days in advance in Form 1 to the Central Government in the Ministry of Environment and Forests, seeking permission for the proposed export and transboundary movement.
• The Central Government, on receipt of Form 1 accompanied by Prior Informed Consent in writing from the importing country and a test report from an accredited laboratory of analysis of the hazardous material consignment in question shall, after due verification of the facts, grant permission for export by issuing ‘No Objection Certificate’ in Form-1.
• The exporter shall ensure that no consignment is shipped prior to the requisite authentication being received.
• The exporter shall also ensure that the shipping document is accompanied by Form 2, an authenticated copy of Form 1, ‘No Objection Certificate', and an authenticated copy of the test report from an accredited laboratory of analysis of the hazardous material.
• The exporter of hazardous materials shall also submit a bond or an insurance certificate covering full third-party liability during the transboundary movement.
• The exporter shall inform the Central Government in the Ministry of Environment and Forest upon completion of the transboundary movement.

For more information about Delhi Pollution Control Committee (DPCC) Click here Delhi Pollution Control Committee

Procedure for import of hazardous materials for recycling requiring Prior Informed Consent

• Every recycler having a valid license from Central Pollution Control Board to recycle hazardous materials and seeking permission to import such materials shall apply to the State Pollution Control Board or Committee at least one hundred and twenty days in advance of the intended import in Form 1 & 3
• The State Pollution Control Board shall forward the application with recommendations and requisite stipulations for safe transport, storage, and processing, to the Central Government in the Ministry of Environment and Forests within a period of thirty days of receipt of the application
• The Central Government after satisfying itself, that all relevant provisions of the rules are fulfilled, may grant ‘No Objection Certificate’ for the import and authenticate copy of Form 1 subject to the following:

1. The hazardous material in question is covered under Basel Convention
2. The importer submits a valid Prior Informed Consent letter along with an authenticated copy of Form 1 from the concerned authority of the exporting country
3. Possesses a valid license from Central Pollution Control Board for undertaking the import in question

• The Central Government shall forward a copy of the ‘No Objection Certificate’ granted, to the Central Pollution Control Board, the concerned State Pollution Control Board or Pollution Control Committee of UT and the concerned Port and Customs authorities for ensuring compliance with the conditions of imports and safe handling of the hazardous materials.
• The Central Government shall communicate the grant of permission by authentication in Form 1 to the exporter and the competent authority of the exporting country and endorse a copy of the same to the Central Pollution Control Board and the State Pollution Control Board or Pollution Control Committees of UT as the case may be.
• The Port and Custom authorities shall ensure that the Movement Document, Form 2, and the test report accompany shipment from a laboratory accredited by the concerned authority of the exporting country of analysis of the hazardous materials consignment in question.
• The Custom authorities shall collect and retain in safe custody, three randomly drawn samples of the consignment for a period of five years, in order to ensure that in the event of any dispute as to whether the consignment conforms to the declaration made in the notification and Movement Document Form 2.
• The recycler, importing hazardous materials, shall maintain the records of hazardous material imported as specified in Form 4, and the record so maintained shall be available for inspection by the State Pollution Control Boards or Pollution Control Committees of UT as the case may be.