DGFT Overview

Law controls hazardous waste imports and exports in India. DGFT and MoEFCC play crucial roles in the process. DGFT issues licenses to businesses for import and export. They also require other authorizations for hazardous waste. This ensures legal and environmental compliance. Proper licensing in business activities provides environmental safety.

What is the Directorate General of Foreign Trade (DGFT)?

The Directorate General of Foreign Trade (DGFT) is part of the Ministry of Commerce and Industry, India. It works with a prime focus to form foreign trade policy for the country. Some of its crucial functions are as follows.

• Formulation of Foreign Trade Policy: DGFT frames policies by supporting exports and dealing with imports.
• Granting Import-Export Codes (IEC): The IEC is a 10-digit unique number, and every business dealing in foreign trade should obtain it.
• Administration of Export Promotion Schemes: DGFT undertakes the administration of schemes meant for promoting exports, including MEIS and the EPCG scheme among others.
• Monitoring Trade Activities: It monitors the export-import data and issues guidelines to regulate trade.
• Resolving Trade Disputes: Foreign trade policies have to be addressed by DGFT, especially any sort of dispute about their views.

Why DGFT Approval is Important for Import-Export of Hazardous Waste?

DGFT approval for importing and exporting hazardous waste ensures compliance with legal and environmental standards. It helps prevent the illegal handling of hazardous materials. This approval promotes safe transportation and disposal. It also aligns with international conventions, reducing environmental impact and protecting public health. Proper licensing through DGFT encourages responsible trade practices and safeguards the environment.

Procedure for Import of Hazardous Waste

Step 1: Identification of Hazardous Waste Type

Identify the type of hazardous waste you want to import. The type will determine the rules and policies applicable. There are most common types of electronic, medical, and chemical wastes.

Step 2: Hazardous Waste Import Authorization

Get yourself a Hazardous Waste Import Authorization from MoEFCC. Discover how to do it in the following:

• Form 5: Fill Form 5, which is specifically designed for importing hazardous wastes.
• Documentations to be obtained:
• PIC issued by the exporting country.
• Permission to Establish issued by your State Pollution Control Board.
• Evidence that the facilities available for treatment and disposal are environmentally sound.
• Submission of Application: An application along with the documentation must be forwarded to MoEFCC and your relevant State Pollution Control Board.
• Scrutiny: The MoEFCC will scrutinize your application along with comments from the SPCB. It usually takes about 60 days.
• Import Permission: Once approved, you will be granted permission to import hazardous wastes. You will be intimated to the concerned port and customs authority.

Step 3: DGFT Import License

After obtaining your Hazardous Waste Import Authorization, make an application for a DGFT Import License.

• Documents Required
• Hazardous Waste Import Authorization copy.
• Documents related to business registration.
• PAN card and GST registration
• Submission of Application: After applying, wait for the DGFT approval before doing imports.

Procedure for Export of Hazardous Waste

Step 1: Identify Type of Hazardous Waste

Identify the type of hazardous waste you want to export. This will help you identify which specific regulations you have to adopt.

Step 2: Obtain Authorization for Exporting Hazardous Waste

You need authorization for exporting hazardous waste from the Ministry of Environment, Forest and Climate Change (MoEFCC). Do the following:

• Use Form 5: Export applications need to be carried out using Form 5
• Collect your Required Documents
• Insurance coverage for transboundary movement.
• PIC from the exporting country.
• Information on the waste, such as volume, chemical composition, and handling requirements.
• Submit Application: Submit your application and other papers to MoEFCC as well as your SPCB.
• Review Process

The MoEFCC shall consider your application within 60 days of receipt. They may add such conditions as they deem necessary based on environmental considerations.

• Grant of Export Permission

Once approved, you will be issued with export authorization for hazardous waste. This will also be sent to port and customs authorities.

Step 3: Obtain DGFT Export License

Once you have your export authorization, you apply for the DGFT Export License

• Documents Required:
• Copy of your Hazardous Waste Export Authorization.
• Business registration documents.
• PAN card and GST registration.
• Submission: Once you have submitted, await the approval from the DGFT, and then only will you be in a position to make the exports.

Conclusion

Getting an import-export license for hazardous waste from the DGFT in India is not an easy exercise. The import-export of hazardous waste is quite complex and requires numerous steps. Such exercise is also paramount for companies that want to look legal and responsible towards the environment. These companies cannot be considered legitimate without a DGFT license. Therefore, responsible management of hazardous materials within India remains dependent on collaboration as a key aspect.