Overview

The import and export of mercury in India are governed by stringent regulations to protect human health and the environment from the adverse effects of mercury. These regulations are in line with the Minamata Convention on Mercury, a global treaty that India signed on 30 September 2014 and ratified on 18 June 2018. The Minamata Convention aims to control and reduce mercury use, emissions, and releases, with a focus on phasing out mercury in various products and industrial processes, and managing mercury-containing waste.

The Ministry of Environment, Forest and Climate Change (MoEFCC) is the central authority responsible for implementing the Minamata Convention in India. The convention requires countries to establish a Prior Informed Consent (PIC) procedure for the import and export of mercury. This mechanism ensures that both the exporting and importing countries are fully informed and have agreed to the transfer, thereby preventing the illicit trade of mercury and ensuring its safe handling.

India’s commitment to the Minamata Convention reflects its dedication to addressing the environmental and health impacts of mercury. The country has implemented several control measures, including regulating emissions to air and releases to land and water, and managing interim storage and disposal of mercury-containing waste. These efforts are crucial in preventing mercury pollution, which can lead to severe health issues such as neurological and developmental damage, particularly in pregnant women and young children.

Businesses involved in the trade of mercury must comply with the regulations set forth by the MoEFCC. This includes obtaining the necessary approvals, adhering to the PIC procedure, and ensuring that all activities related to mercury handling, storage, and disposal are conducted in an environmentally sound manner. The approval process involves submitting detailed applications, including justifications for import or export, and providing various supporting documents to demonstrate compliance with environmental and safety standards.

The regulations also emphasize the phase-out of mercury use in specific products and processes. Industries are required to adopt alternative technologies and practices that do not involve mercury. This transition is essential for reducing mercury emissions and minimizing its impact on the environment and human health.

India has also sought an exemption from the phase-out dates listed in Part I of Annex A to the Minamata Convention until 2025, allowing the country more time to transition to mercury-free alternatives. This exemption is crucial for industries that are currently reliant on mercury but are working towards adopting safer and more sustainable practices.

In conclusion, the import and export of mercury in India are regulated to ensure that mercury is managed responsibly and sustainably. By complying with the Minamata Convention and national regulations, businesses can contribute to protecting the environment and public health from the harmful effects of mercury.

About Approval

Obtaining approval for the import and export of mercury in India involves a comprehensive process governed by the Ministry of Environment, Forest and Climate Change (MoEFCC). The approval process is designed to ensure compliance with the Minamata Convention on Mercury and national regulations, safeguarding human health and the environment from the dangers of mercury.

The first step in the approval process is to submit Form-X, the official application form, to the National Focal Point (NFP) at the MoEFCC. This form requires detailed information about the mercury to be imported or exported, including the quantity, source, intended use, and the handling and storage procedures. A copy of Form-X must also be submitted to the State Pollution Control Boards (SPCBs) of the states where the port of entry, interim storage facility, and end-user are located.

Supporting documents must accompany the application to demonstrate compliance with environmental and safety standards. These include Form-A (if importing from a country that is a party to the Minamata Convention) or Form-B (if importing from a non-party country), environmental permissions (such as Consent to Establish and Consent to Operate), and an affidavit accepting liability for any potential environmental or health impacts. The application must also include details of the end-users, their manufacturing processes, and the permissible quantities of mercury usage.

The PIC procedure ensures that both the exporting and importing countries are fully informed and have consented to the trade of mercury. The NFP at the MoEFCC reviews the application and supporting documents to verify compliance with national and international regulations. The review process involves coordination with the relevant SPCBs and may require additional information or clarifications from the applicant.

Once the application is reviewed and deemed complete, the MoEFCC grants approval, specifying the quantity of mercury allowed for import or export and the conditions for its use and storage. The approval ensures that mercury is handled safely and responsibly, minimizing risks to human health and the environment.

By following the approval process, businesses can ensure that they comply with the regulatory framework for mercury trade in India, contributing to sustainable and environmentally sound management of mercury. This not only helps protect public health and the environment but also aligns with global efforts to reduce mercury pollution under the Minamata Convention.

Applicability

The import and export regulations for mercury in India apply to a variety of stakeholders involved in the trade and management of mercury. These regulations are crucial for ensuring that mercury is handled safely and in compliance with the Minamata Convention. The key stakeholders to whom these regulations apply include:

1. Industries and Manufacturers: Companies that use mercury in their manufacturing processes or products, such as the production of electrical and electronic equipment, pharmaceuticals, and chemical manufacturing.
2. Mercury Traders and Distributors: Entities involved in the buying, selling, or distribution of mercury within India or internationally.
3. Waste Management Companies: Firms that handle the disposal, recycling, or treatment of mercury-containing waste, ensuring that waste is managed in an environmentally sound manner.
4. Interim Storage Facilities: Locations where mercury is temporarily stored before being used in manufacturing processes or exported.
5. End-Users: Entities that utilize mercury in their operations and must adhere to strict usage and storage guidelines.

Compliance with these regulations is mandatory to prevent environmental contamination and protect public health from the toxic effects of mercury.

Legal Provisions

The import and export of mercury in India are governed by several key legal provisions to ensure safe and environmentally sound management. These include:

1. Minamata Convention on Mercury: A global treaty that India is a party to, aimed at reducing mercury pollution by controlling mercury trade and phasing out its use in certain products and processes.
2. Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016: National regulations that provide guidelines for the management and movement of hazardous wastes, including mercury.
3. Water (Prevention and Control of Pollution) Act, 1974: Regulates the discharge of pollutants into water bodies to prevent water pollution.
4. Air (Prevention and Control of Pollution) Act, 1981: Controls air pollution by regulating emissions from industrial processes, including those involving mercury.
5. Environment (Protection) Act, 1986: Provides a framework for the protection and improvement of the environment, under which the management of mercury falls.

These provisions collectively ensure that mercury is handled, transported, and disposed of in a manner that minimizes risks to human health and the environment.

Where to Obtain

Approvals for the import and export of mercury in India are obtained from the Ministry of Environment, Forest and Climate Change (MoEFCC). The process involves several steps and coordination with various regulatory bodies to ensure compliance with national and international standards. Here’s how to obtain the necessary approvals:

1. Ministry of Environment, Forest and Climate Change (MoEFCC): The primary authority responsible for granting approvals for mercury import and export. The National Focal Point (NFP) for the Minamata Convention, located within the MoEFCC, oversees the application process.
2. State Pollution Control Boards (SPCBs): Applicants must submit copies of their applications to the SPCBs of the states where the port of entry, interim storage facilities, and end-users are located. The SPCBs assist in verifying compliance with environmental regulations.
3. Central Pollution Control Board (CPCB): Provides additional regulatory support and guidance for hazardous waste management, including mercury.

To begin the approval process, applicants must complete and submit Form-X along with all required supporting documents to the NFP at the MoEFCC. Detailed information and guidance on the application process are available on the MoEFCC’s official website, ensuring a clear and efficient pathway to obtaining the necessary permissions.

Procedure

Step-by-Step Process for Obtaining Approval for Mercury Import and Export in India

1. Identify the Type of Mercury and Purpose:

• Determine the type of mercury you intend to import or export and its intended use. This information is crucial for completing the necessary forms and providing accurate details in your application.

Prepare Application Form (Form-X):

• Fill out Form-X, the official application form for importing or exporting mercury. This form requires detailed information about the mercury, including quantity, source, intended use, and handling procedures. Ensure that all sections are completed accurately.

Obtain Supporting Documents:

• Gather all necessary supporting documents. This includes Form-A (if importing from a Minamata Party country) or Form-B (if importing from a non-Party country), environmental permissions (Consent to Establish and Consent to Operate), and an affidavit accepting liability for potential environmental or health impacts.

Submit Application to MoEFCC:

• Submit the completed Form-X along with all supporting documents to the National Focal Point (NFP) at the Ministry of Environment, Forest and Climate Change (MoEFCC). A copy of the application must also be submitted to the State Pollution Control Boards (SPCBs) of the relevant states.

Coordination with SPCBs:

• Ensure that copies of the application are sent to the SPCBs where the port of entry, interim storage facility, and end-users are located. The SPCBs play a crucial role in verifying compliance with environmental regulations and providing necessary acknowledgments.

Review and Verification:

• The NFP at the MoEFCC will review the application and supporting documents to ensure compliance with the Minamata Convention and national regulations. This review may involve coordination with the SPCBs and may require additional information or clarifications from the applicant.

Address Queries and Provide Additional Information:

• Respond promptly to any queries or requests for additional information from the MoEFCC. This step is crucial to avoid delays in the approval process.

Approval and Issuance of License:

• Once the application is reviewed and deemed complete, the MoEFCC will grant approval for the import or export of mercury. The approval will specify the quantity allowed and any conditions for its use and storage.

Compliance with Approval Conditions:

• Ensure that all conditions specified in the approval are met. This includes safe handling, storage, and disposal of mercury, as well as maintaining accurate records of mercury usage.

By following these steps, businesses can ensure they meet all regulatory requirements for the safe and legal import and export of mercury in India.

Documents Required

Checklist of Documents Required for Mercury Import and Export Approvals

1. Form-X: Completed application form.
2. Form-A: If importing from a country that is a party to the Minamata Convention.
3. Form-B: If importing from a country that is not a party to the Minamata Convention.
4. Affidavit for Liabilities: Accepting all liabilities related to mercury handling.
5. Environmental Permissions: Consent to Establish (CTE) and Consent to Operate (CTO).
6. End-User Details: Including manufacturing processes, products, and mercury usage.
7. Previous Usage Statement: Detailed report of previously imported mercury usage.
8. Acknowledgment from SPCBs: Confirmation of application receipt by relevant SPCBs.

Fees

The fees for obtaining approval for the import and export of mercury vary depending on the type and quantity of mercury and specific requirements outlined by the MoEFCC. Applicants should refer to the official MoEFCC guidelines for detailed fee structures. Payment can typically be made online or through designated bank drafts.

Authority

The Ministry of Environment, Forest and Climate Change (MoEFCC) is the central authority responsible for granting approvals for the import and export of mercury in India. The National Focal Point (NFP) for the Minamata Convention, located within the MoEFCC, oversees the application process.

Application Mode

Applications for mercury import and export approvals can be submitted both online and offline. Online applications can be processed through the MoEFCC's official website, ensuring a faster and more efficient approval process. Offline submissions should be directed to the relevant authorities as specified in the guidelines.

Time Limit

The typical time limit for processing applications for mercury import and export approvals is 60 to 90 days from the date of submission, provided all required documents and information are complete and accurate.

FAQs

1. What are the regulations for importing and exporting mercury in India? The import and export of mercury in India are regulated under the Minamata Convention on Mercury and the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. These regulations ensure safe handling, storage, and disposal of mercury to protect human health and the environment.

2. Who needs to obtain approval for importing or exporting mercury in India? Businesses involved in manufacturing, trading, distributing, or using mercury, as well as waste management companies handling mercury-containing waste, must obtain approval from the Ministry of Environment, Forest and Climate Change (MoEFCC) before importing or exporting mercury.

3. What is the Prior Informed Consent (PIC) procedure for mercury trade? The PIC procedure requires that both the importing and exporting countries are fully informed and have agreed to the trade of mercury. This mechanism ensures that mercury is transported and handled safely, preventing illicit trade and environmental contamination.

4. What documents are required for mercury import/export approval in India? The essential documents include Form-X, Form-A or Form-B (depending on the exporting country's Minamata status), an affidavit for liabilities, environmental permissions (CTE/CTO), end-user details, and a previous usage statement. Copies must also be submitted to the relevant State Pollution Control Boards (SPCBs).

5. How long does it take to get approval for mercury import/export in India? The typical time frame for obtaining approval from the MoEFCC is between 60 to 90 days, provided all required documents and information are complete and accurate.

6. Are there any fees for obtaining mercury import/export approval? Yes, there are fees associated with obtaining approval for the import and export of mercury. The fees vary based on the type and quantity of mercury and specific requirements outlined by the MoEFCC. Detailed fee structures can be found in the official guidelines.

7. Can the application for mercury import/export approval be submitted online? Yes, applications can be submitted both online and offline. Online applications can be processed through the MoEFCC's official website, ensuring a faster and more efficient approval process.

8. What are the consequences of non-compliance with mercury import/export regulations? Non-compliance with mercury import/export regulations can result in severe penalties, including fines, suspension of business operations, and legal action. Ensuring compliance is crucial to avoid these consequences and maintain safe and responsible mercury management practices.

9. What is the role of the State Pollution Control Board (SPCB) in mercury import/export? The SPCB provides acknowledgment for the receipt of applications and assists in the initial stages of the approval process. They also monitor and regulate the handling, storage, and disposal of mercury within their respective states to ensure compliance with environmental regulations.

10. Where can I find more information about the Minamata Convention on Mercury? More information about the Minamata Convention on Mercury, including its objectives, provisions, and implementation guidelines, can be found on the official Minamata Convention website at Minamata Convention. This site provides comprehensive details on global efforts to reduce mercury pollution and protect public health.