Posted on 24/04/2009 in category Legislation

 
ContradictoryIndian import rules confuse
 
 
 
Changes over the last months in Indian import rules havereclassified all non-hazardous waste and scrap as hazardous in its PartB of Schedule III. That rule change appears at first to requirethe  completion of the hazardous  waste movementform  (Form-9) for all imports into India of scrap such asthat of Iron and Steel, of Paper, etc., .
 
However that re-classification  apparently doesn'tmean that controls are applied as for hazardous waste  as  Rule 14 (2)(ii) states "The import of thehazardous wastes specified in Part B of Schedule III shall notrequire  Prior Informed Consent of the country from where itis imported;"
 
On top of this there is a footnote hidden in the Indianrules that states for imports of iron and steel scrap and certain otherasterisked scrap and waste that "import permitted in the countrywithout any licence or restriction."
 
However Rule 16(5) sets out the procedure for import ofHazardous Waste and requires that the Port and Customs authoritiesshall ensure that the 'shipment is accompanied by the Movement Documentin Form 9 and the test report of analysis of the hazardous wasteconsignment in question, from a laboratory accredited by the exportingcountry." Some Port and Customs authorities are respecting this rule ofwhat they "shall ensure" before any footnote.
 
These contradictions result in practice with someauthorities requiring the hazardous waste movement Form-9 and othersnot, so in some Indian ports some shipments are impounded in othersimports are unhindered.
 
Another rule change  of 23rd March 2009 requiresthat metallic waste and scrap in shredded form is accompanied by acertificate stating that "the consignment does not contain any types ofarms, ammunition, mines, shells, cartridges, radioactive contaminatedor any other explosive material in any form either used orotherwise."  There are problems with the requirements of sucha certificate in finding third party certifiers willing to take on theliability of stating the 'consignment does not contain radioactivecontaminated material in any form' which is a physical and chemicalimpossibility since the 1950ies.
 
BIR proposes India uses instead the form regardingradioactive material in scrap metal as recommended by UN-ECE, and thatmajor scrap exporters  with expertise in monitoring scrapmetal for radioactive contamination be allowed to self-certify theirproduct has been checked.  Also India needs to update andexpand its list of approved independent certification agencies. Theseproposals are to avoid the unintended effect of promoting a trade infake certificates as already encountered by certainauthorities. 
 
Furthermore because of difficulties experienced withimporting Paper for recycling, recall it is reclassified in the Indianrules as hazardous waste, the requirement of Form-9 caused the rules tobe suspended pending clarifications.
 
Now the Indian elections are delaying fixing of theseconfusing Indian rules. Never the less the BIR Ambassador to India isin contact with the Indian administration to assist in formulatingrules that achieve the governments aims of protecting itspeople  and its environment and allowing Indian industry toaccess needed secondary raw materials. The BIR secretariat is incontact with the United Nations secretariats seeking to promote theexisting UN rules to help India better formulate these small butimportant elements of its domestic legislation. The open question iswhether these complex rules and their frequent changes amount to a WTOTBT.
 
Situation as of March / April 2009.Author Ross Bartley, BIR Environmental & Technical Director.
 

Hypertext links to referenced Indian rules are:
 
Rule 14 (2)(ii) ; Part B of Schedule III ; Form-9 (Seerespectively pages: 82 ; 98 ; 130) of [ http://envfor.nic.in/legis/hsm/HAZMAT_2265_eng.pdf]
metallic waste and scrap in shredded form [ http://164.100.9.245/exim/2000/pn/pn08/pn16308.htm]
Indian Government approved list of inspection certification bodies (See"LIST .." ) of[http://164.100.9.245/exim/2000/apndxftp0809/appnd-5.pdf] also (see*WARNING below)
Radioactivity Pre-Shipment Inspection Certificate (See Annexure-I toAppendix 5) of [http://164.100.9.245/exim/2000/apndxftp0809/appnd-5.pdf]
UN-ECE Recommendation (See P.33 Annex I) of [ http://www.unece.org/trans/radiation/docs/recommendations_e.pdf]
Suspension of certain rules for Paper [ http://164.100.9.245/exim/2000/cir/cir08/cir7808.htm]
 
*WARNING BEWARE OF TEMPORARY SUSPENSIONS AND ADDITIONS TOTHE INDIAN GOVERNMENT APPROVED LIST.
 
The amendments by DGFT include, but may not be limited toPublic Notices : 06(RE-2005)/ 2004-200http://164.100.9.245/exim/2000/pn/pn05/pn2605.htm9 of 03.05.2005 ; 11(RE-2005)/2004-2009 of 26.05.2005 ;
26(RE-2005)/ 2004-2009 of 13.07.2005 ; 33(RE-2005)/ 2004-2009 of26.07.2005 ; 38/(RE-2005)/2004-2009 of 11.08.2005 ;39/(RE-2005)/2004-2009 of 16.08.2005 ;
51/(RE-2005)/2004-2009 of 16.09.2005 ; 44(RE-2007)/ 2004-2009 of03.09.2007 ; 89(RE-2008)/2004-09 of 03.10.2008 ; 97(RE-2008)/2004-09 of22.10.2008 ; 141(RE-2008)/2004-09 of 04.2.2009 ;
Links are:
[http://164.100.9.245/exim/2000/cir/cir05/cir3205.htm]
[http://164.100.9.245/exim/2000/pn/pn05/pn0605.htm]
[http://164.100.9.245/exim/2000/pn/pn05/pn1105.htm]
[http://164.100.9.245/exim/2000/pn/pn05/pn2605.htm]
[http://164.100.9.245/exim/2000/pn/pn05/pn3305.htm]
[http://dgftcom.nic.in/exim/2000/pn/pn05/pn3805.htm]
[http://dgftcom.nic.in/exim/2000/pn/pn05/pn3905.htm]
[http://dgftcom.nic.in/exim/2000/pn/pn05/pn5105.htm]
[http://164.100.9.245/exim/2000/pn/pn07/pn4407.htm]
[http://164.100.9.245/exim/2000/pn/pn08/pn8908.htm]
[http://164.100.9.245/exim/2000/pn/pn08/pn9708.htm]
[http://164.100.9.245/exim/2000/pn/pn08/pn14108.htm]
 
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