Amendment in Import Policy of Mercury under ITC HS Code 28054000 and insertion of Policy Condition No. 03 in Chapter 28 of ITC(HS), Schedule I(Import Policy).

## Report on Amendment to Import Policy of Mercury under ITC HS Code 28054000 **1. Executive Summary:** This report analyzes an amendment to the import policy of Mercury under ITC HS Code 28054000. The amendment changes the import policy from "Free" to "Restricted," requiring Prior Informed Consent (PIC) from the Ministry of Environment, Forest and Climate Change (MoEFCC) as per the provisions of the Minamata Convention on mercury. This change aims to ensure environmentally sound management of mercury imports, aligning with international agreements. The key finding is that importing mercury will now require adherence to the PIC procedure outlined by the MoEFCC. **2. Introduction:** The purpose of this report is to provide information and analysis regarding an amendment to the import policy of Mercury under ITC HS Code 28054000, as detailed in the provided government notification. This report focuses solely on the information presented in the provided text. **3. Policy Overview:** * This is an amendment to the Foreign Trade Policy, 2015-2020, as amended from time to time. * **Core Objective(s):** The core objective, as inferred from the text, is to regulate the import of mercury in accordance with international environmental standards, specifically the Minamata Convention on mercury. The amendment seeks to ensure that mercury imports are subject to environmentally sound management practices. **4. Background and Rationale:** The amendment likely addresses concerns related to the environmental and health risks associated with mercury. The reference to the Minamata Convention suggests a commitment to controlling mercury's trade and use. The likely reason for this specific amendment is to implement stricter control over mercury imports to comply with the obligations under the Minamata Convention, ensuring that imports are managed in an environmentally responsible manner. The amendment is designed to prevent uncontrolled import and potential misuse of mercury. **5. Key Provisions / Changes:** * **Specific Part of Original Policy Changed:** The import policy of Mercury under ITC HS Code 28054000 is being changed. * **New Rule/Provision:** The import policy is revised from "Free" to "Restricted," now requiring Prior Informed Consent (PIC) from the National Focal Point of Minamata Convention in the Ministry of Environment, Forest and Climate Change (MoEFCC). Additionally, a new Policy Condition No. 03 is added in Chapter 28 of ITCHS, Schedule I Import Policy, detailing the PIC procedure. * **Difference/Effect of Change:** The change means that importing mercury is no longer unrestricted. Importers now must obtain Prior Informed Consent from the MoEFCC before importing mercury. This introduces a new regulatory hurdle and aims to ensure compliance with environmental safeguards. The website of MoEFCC provides details about the PIC procedure. **6. Target Audience and Stakeholders:** The target audience and stakeholders directly affected by this amendment are: * Entities involved in the import of mercury (ITC HS Code 28054000). * The Ministry of Environment, Forest and Climate Change (MoEFCC), specifically the National Focal Point of Minamata Convention. * Customs authorities responsible for enforcing import regulations. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Ministry of Environment, Forest and Climate Change (MoEFCC) is responsible for overseeing the PIC procedure. The Directorate General of Foreign Trade (DGFT) is responsible for issuing the notification and enforcing the amended import policy. * **Timelines or Procedures:** The text specifies that a Prior Informed Consent (PIC) procedure as per the provisions of the Minamata Convention is to be followed. Details of the PIC procedure can be accessed from the website of MoEFCC (http:moef.gov.in Divisions Environment Divisions Hazardous Substance Management Division ImportExport). * **Amendment-Specific Implementation:** Importers must now apply for and receive PIC from the MoEFCC *before* importing mercury. The enforcement of this change likely falls to customs officials, who will need to verify the existence of the PIC documentation before allowing the import. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of these specific changes introduced by the amendment is: * Enhanced monitoring and control over mercury imports. * Reduced risk of uncontrolled mercury entering the country. * Compliance with the Minamata Convention on mercury. * Environmentally sound management of mercury throughout its lifecycle. * Increased transparency and accountability in mercury trade. **9. Conclusion:** The amendment to the import policy of Mercury under ITC HS Code 28054000 marks a significant shift towards stricter regulation and environmental compliance. By changing the import policy from "Free" to "Restricted" and mandating Prior Informed Consent from the MoEFCC, the government aims to align with international standards and minimize the environmental and health risks associated with mercury. This change requires importers to adapt to the new regulatory landscape and comply with the PIC procedure as outlined by the MoEFCC. The amendment is a crucial step towards responsible management of mercury imports and fulfilling obligations under the Minamata Convention.

Key Entities Referenced