How to obtain MoEF&CC Clearance for scrap metal import in India?

Obtaining clearance from the Ministry of Environment, Forest and Climate Change (MoEFCC) of India for importing scrap metal is important to guarantee compliance with environmental regulations and sustainability practices. The MoEFCC is responsible for regulating the import of scrap materials to safeguard the environment and natural resources. Below, I will provide you with a detailed guide on how to obtain MoEFCC clearance for scrap metal import in India.

1. Understand the Regulatory Framework:

Before you start the clearance process, it's essential to understand the regulatory framework governing the import of scrap metal in India. The primary laws and regulations that apply include:

• The Environment (Protection) Act (EPA), 1986
• The Hazardous & Other Wastes (Management &Transboundary Movement) (HOWM) Rules, 2016
• The Basel Convention (BC) on the Control of Transboundary Movements of Hazardous Wastes (HWs) and their Disposal (if applicable)
• Customs Act, 1962
• Foreign Trade Policy and Procedures (if applicable)

2. Determine the Category of Scrap Metal:

Scrap metal can vary significantly in terms of its environmental impact. The MoEFCC classifies scrap into different categories based on its potential environmental harm. To proceed, you need to determine the exact category your scrap metal falls into. This classification will affect the clearance process and the documentation required.

3. Obtain Importer-Exporter Code (IEC):

You need an Importer-Exporter Code (IEC) from the Directorate General of Foreign Trade or DGFT to import scrap metal into India. You can apply for an IEC online via the DGFT's website.

4. Identify and Verify Sources of Scrap:

Before initiating the clearance process, it is crucial to verify the sources of your scrap metal. Ensure that the suppliers or sources comply with environmental and legal standards. Maintaining a transparent supply chain is essential.

5. Environment Impact Assessment (EIA):

For specific categories of scrap metal, you may need to perform an Environment Impact Assessment (EIA). This involves assessing the environmental consequences of the import, including its potential impact on air, water, soil, and biodiversity. You may need to engage a qualified environmental consultant to carry out this assessment.

6. Prepare the Necessary Documentation:

The documentation requirements for obtaining MoEFCC clearance typically include:

Application Form

Fill out the prescribed application form available on the MoEFCC's website.

Cover Letter

Write a cover letter describing the purpose of your import, the source of the scrap metal, and the environmental safeguards you plan to implement.

EIA Report (if required)

Include the EIA report if your import falls into a category that necessitates an assessment.

No Objection Certificate (NOC)

You may need a NOC from the Pollution Control Board (PCB) in your state.

Proof of IEC

Attach a copy of your Importer-Exporter Code.

Bill of Lading

Include the Bill of Lading that specifies the quantity and type of scrap metal you intend to import.

Importer's PAN Card and Aadhar Card

Provide copies of these identification documents.

Consent from Source

Obtain a letter of consent from the source or supplier of the scrap metal, affirming its compliance with environmental regulations.

7. Submit the Application:

Once you have compiled all the required documents, submit your application to the MoEFCC. Ensure to follow the specific instructions provided by the ministry for document submission.

8. Pay the Required Fees:

Check the MoEFCC's website for information on the fees associated with obtaining clearance for scrap metal import. Pay the fees through the designated channels and keep the payment receipts as proof.

9. Await Clearance and Inspection:

The MoEFCC will review your application and documents. If necessary, they may conduct an inspection at your premises or the source of the scrap metal. This is to ensure that your import adheres to environmental standards.

10. Receive Clearance Certificate:

Upon successful review and inspection, the MoEFCC will issue a clearance certificate indicating that your scrap metal import meets environmental regulations. This certificate is essential for customs clearance.

11. Customs Clearance:

Submit the MoEFCC clearance certificate, along with all other required documents, to the Customs Department for clearance of your scrap metal shipment. Ensure that you comply with all customs regulations and pay any applicable customs duties.

12. Environmental Compliance:

After obtaining clearance and importing the scrap metal, you must continue to comply with environmental regulations and best practices. Ensure proper storage, handling and disposal of scrap to minimise environmental impact.

13. Periodic Reporting:

Some categories of scrap metal imports may require periodic reporting to the MoEFCC to ensure ongoing compliance with environmental standards. Be aware of any reporting requirements associated with your import.

14. Stay Informed:

Keep yourself updated with any changes in environmental regulations or import policies related to scrap metal. Compliance requirements may evolve over time, and it's essential to stay informed to avoid any legal issues.

Conclusion

In summary, obtaining MoEFCC clearance for scrap metal import in India is a process that involves understanding the regulatory framework, preparing the necessary documentation, and ensuring compliance with environmental standards. It's essential to follow the specific requirements outlined by the MoEFCC and maintain transparency throughout the import process to protect the environment and adhere to legal obligations. Consulting with legal and environmental experts can also be beneficial to navigate this complex process successfully.