OFFICE OF THE COMMISSIONER OF CUSTOMS (NS-III),
MUMBAI ZONE-II, JAWAHARLAL NEHRU CUSTOM HOUSE,
NHAVA SHEVA, TALUKA: URAN, DISTRICT: RAIGAD,
F. No. S/22-Gen-402/2017-18 AM (I)
PUBLIC NOTICE NO. 42/2018
Subject: Constitution of “Environment Protection Unit” At JNCH
Attention of the Importers, Exporters, Customs Brokers, Shipping Lines / Agents, Logistics Service Providers, CFS Custodians/Terminal Operators and all other stakeholders is invited to the provisions of:
2. Introduction of Environmental/ Offences:
2.1 Environmental crimes, in relation to import & export include:
2.2 Environmental crime is now the fourth largest crime after drug smuggling, counterfeiting and human trafficking. Illegal trade in and dumping of hazardous waste in 2015 was estimated at US$12-19 billion worldwide. In 2013, the UN Office on Drugs and Crime reported that illegal trade in e-waste to Southeast Asia and the Pacific alone was estimated at US$3.75 billion annually. The illegal trade of goods such as wildlife and timber is a serious economic and environmental problem that can disrupt whole economies and ecosystems, undermine environmentally sustainable activities, and reduce future options for the use of resources. It has been observed that the drivers of illegal trade are primarily economic.
3. Nature of environmental offences/violations:
The following types of offences have been observed with regard to environmental laws applicable to the import and export of goods in India.
4. In this regard, attention is invited to Public Notice No. 46/2017 dated 31.03.2017 (as amended by Public Notice No 94/2017, dated 11.07.2017) on the subject ‘Procedure for clearance of export cargo categorised as “Hazardous Goods” and Public Notice No. 126/2017 dated 04.10.2017 on the subject Compliance of provisions of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 in the imports of used tyres” and other measures taken by JNCH from time to time. Attention is also invited to following legal position under Foreign Trade Policy, 2015-20:
Para 2.03 Compliance of Imports with Domestic Laws
(a) Domestic Laws/ Rules/ Orders/ Regulations / Technical specifications/ environmental/ safety and health norms applicable to domestically produced goods shall apply, mutatis mutandis, to imports, unless specifically exempted.
Para 2.08 Export/Import of Restricted goods/Services
Any goods /service, the export or import of which is ‘Restricted’ may be exported or imported only in accordance with an Authorisation / Permission or in accordance with the procedure prescribed in a Notification / Public Notice issued in this regard.
Para 9.47: “Restricted” is a term indicating the import or export policy of an item, which can be imported into the country or exported outside, only after obtaining an authorization from the offices of DGFT.
4.1 In case, importer fails to comply with provisions of any law by not submitting requisite certificate / authorization, such imported goods become prohibited goods in terms of definition of “prohibited goods” as provided under Section 2(33) of Customs Act, 1962 and such goods become liable for confiscation under Section 111(d) of Customs Act, 1962 as imported contrary to prohibition imposed under such law.
4.2 Similarly, on the export side, if any exporter fails to comply with provisions of any law by not submitting requisite certificate / authorization, such export goods become prohibited goods in terms of definition of “prohibited goods” as provided under Section 2(33) of Customs Act, 1962 and such goods become liable for confiscation under Section 113(d) of Customs Act, 1962 as export contrary to prohibition imposed under such law.
5. Worldwide, it has been recognized that Customs play a very important role in entire “compliance and enforcement chain”. Therefore, it has been decided to constitute an “Environment Protection Unit (EPU)” at JNCH to further enhance and harmonize the efforts for effective action and better results in aforesaid direction as well as to develop expertise and specialisation in this area. It aims to augment the efforts towards prohibiting export or import of prohibited goods and to supplement the effort of other authorities or department dealing with implementation of Environment Protection Act.
5.1 Environment Protection Unit (EPU) will function in Nhava Sheva-III Commissionerate as part of SIIB-Imports and will co-ordinate with other Commissionerates of JNCH.
6. The objective and charter of function of Environment Protection Unit (EPU) will be as under:
Objective: To develop expertise and specialization in environmental laws and their effective enforcement in JNCH focus on “Green Customs”
Charter of Functions:
7. Any relevant issues or representations or suggestions may be brought to the notice of Additional Commissioner in charge of NS-III [SIIB (Import)] or Deputy / Assistant Commissioner in charge of NS-III [SIIB (Import)] by email (email address: firstname.lastname@example.org ) and phone no. 022-27244986, 022-27244881.
8. Difficulties, if any, in functioning of EPU shall be brought to notice of Deputy / Assistant Commissioner in charge of Appraising Main (Import) through email / phones (email address: email@example.com , Phone No : 022-27244959, 022-27244979).
9. Action to be taken in terms of decisions taken in this Public Notice should be considered as standing order for the purpose of officers and staff.
COMMISSIONER OF CUSTOMS (NS-III)
1. The Chief Commissioner of Customs, Mumbai Zone-II, JNCH for information.
2. The Commissioner of Customs, NS-G/ NS-I / NS-II / NS-III/ NS-IV / NS-V, JNCH
3. All Additional / Joint Commissioner of Customs, JNCH, Nhava Sheva
4. All Deputy / Assistant Commissioner of Customs, JNCH, Nhava Sheva
5. All Sections / Groups of NS-G, NS-I, NS-II / NS-III/ NS-IV / NS-V, JNCH
6. AC/DC, EDI for uploading on JNCH website immediately.
7. Terminal Operators [JNPCT, GTI, NSICT / NSIGT, BMCT]
8. Representative of CSLA, CFSAI, BCBA, FIEO for information and circulation among their members and other importers for information.