**Policy Summary: Amendment in Export Policy of Mercury**
**Date:** September 23, 2021
**Issuing Authority:** Directorate General of Foreign Trade, Department of Commerce, Ministry of Commerce and Industry, Government of India.
**Subject:** Amendment to the Export Policy of Mercury and insertion of a Policy Condition.
**Notification No.:** 31/2015-2020
**Key Change:** The export policy of Mercury (ITC HS Code 28054000) has been amended from "Free" to "Restricted" with immediate effect.
**Policy Condition:** Exports of Mercury will now be subject to obtaining Prior Informed Consent (PIC) as per the provisions of the Minamata Convention on Mercury. This PIC is to be obtained from the National Focal Point of the Minamata Convention at the Ministry of Environment, Forest and Climate Change (MoEFCC).
**PIC Procedure Details:** Information regarding the PIC procedure can be accessed on the MoEFCC website: http://moef.gov.in under Divisions, Environment Divisions, and Hazardous Substance Management Division Import/Export.
**Legal Basis:** The amendment is made in exercise of powers conferred by Section 3 read with Section 5 of the Foreign Trade Development Regulation Act, 1992, as amended, read with Para 1.02 and 2.01 of the Foreign Trade Policy, 2015-20.
**Contact Information:** Amit Yadav, Director General of Foreign Trade & Ex-Officio Additional Secretary, GoI. Email: dgft@nic.in.
**File No.:** 01/91/180/003/AM22/ECE29139
Key Entities Referenced
Mercury: A chemical element, the subject of the export policy amendment.
Foreign Trade Development Regulation Act, 1992: The legal act that empowers the government to regulate foreign trade.
Foreign Trade Policy, 2015-20: The prevailing foreign trade policy under which the amendment is made.
ITC HS Code 28054000: The specific code in the Indian Trade Classification (Harmonized System) related to Mercury.
Minamata Convention on Mercury: An international treaty designed to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds.
Ministry of Environment, Forest and Climate Change: The Indian government ministry responsible for environmental protection, which is the designated National Focal Point for the Minamata Convention.
Prior Informed Consent (PIC): A procedure requiring consent from the Ministry of Environment, Forest and Climate Change (MoEFCC) for export of Mercury.
Amit Yadav: Director General of Foreign Trade, the issuing authority of the notification.
Ministry of Commerce & Industry
Department of Commerce
Directorate General of Foreign Trade
UdyogBhawan
New Delhi
Notification No. 31/2015-2020
New Delhi, Dated: 23 September, 2021
Subject: Amendment in Export Policy of Mercury and insertion of Policy Condition.
S.O. (E) In exercise of powers conferred by Section 3 read with Section 5 of the Foreign
Trade (Development & Regulation) Act, 1992 (No. 22 of 1992), as amended, read with Para
1.02 and 2.01 of the Foreign Trade Policy, 2015-20, the Central Government hereby makes
following amendment to ITC (HS) Code 28054000 of Chapter 28 of Schedule — 2 of ITC
(HS) Export Policy related to export of Mercury:
Existing
ITC HS noe Revised
S.No Gade Description Policy Policy Revised Policy Condition
Condition
IA Prior Informed Consent (PIC)
procedure as per the provisions of the|
Minamata Convention on mercury is
to be obtained from the National
Focal Point of Minamata Convention]
in the Ministry of Environment,
Mercury i Forest and Climate Change
115 Dj 28054000 Restricted (MoEF&CC) in case of import/export}
lof mercury. Details of PIC procedure
can be accessed from the website of
MoEF&CC: http://moef.gov.in/
(Divisions -> Environment Divisions-
Hazardous Substance Management
Division -> Import/Export).
2. Effect of this Notification:
Export Policy of Mercury has been amended from ‘Free’ to ‘Restricted’ with immediate
effect. The export will be subject to obtaining Prior Informed Consent (PIC) from
MoEF&CC.
This issues with the approval of Minister of Commerce & Industry.
4
23loalre 24
(Amit Yadav)
Director General of Foreign Trade
Ex-Officio Additional Secretary, Gol
Email- dgft@nic.in
(Issued from F.No. 01/91/180/003/AM22/EC/E-29139)