Transboundary Movement, and the Basel Convention

In one line

India may import hazardous waste for recycling and may not import it for disposal, and the difference is the Basel Convention.

In the wording a student can write in an examination: rule 11 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules 2016 provides that the import of hazardous and other wastes from any country shall be permitted only for recycling, recovery, reuse and utilisation including co-processing; that the import of hazardous waste in Part A of Schedule III may be allowed to actual users with the prior informed consent of the exporting country and requires the permission of the Ministry; that other wastes in Part B may be allowed to actual users with the permission of the Ministry and those in Part D as per the procedure given; that no import of the hazardous and other wastes specified in Schedule VI shall be permitted; that the export of wastes in Parts A and B of Schedule III and in Schedule VI shall be considered on the basis of the prior informed consent of the importing country; and rules 13 and 14 prescribe the procedures for import and for export, while rule 15 defines illegal traffic and its consequences.

The two propositions to hold on to

India imports hazardous waste for recycling and not for disposal. Rule 11(2) says the import of hazardous and other wastes from any country shall be permitted only for recycling, recovery, reuse and utilisation including co-processing. So an import for landfill or incineration is not permitted at all.

Some wastes may not be imported on any footing. Rule 11(6) says no import of the hazardous and other wastes specified in Schedule VI shall be permitted.

Those two sentences answer most examination questions on this subject.

The Basel Convention, in as much detail as this paper needs

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is the international instrument these rules give effect to. Its scheme has three parts, and Indian law reproduces all three.

Prior informed consent. A movement may not occur unless the importing State has been notified and has consented in writing. India applies it to Part A wastes on import and to Parts A and B and Schedule VI on export.

Prohibition of movement to a State that has banned import, and prohibition where the State of import lacks the capacity to manage the waste in an environmentally sound manner.

The duty to take back. Where a movement cannot be completed as intended, or is illegal traffic, the State of export must ensure that the waste is taken back.

The four categories in Schedule III and Schedule VI

Part A of Schedule III. Hazardous wastes that may be imported to actual users with the prior informed consent of the exporting country and the permission of the Ministry.