1. Attention of the Members of Trade and Industry, including all persons responsible for receipt, storage, delivery, dispatch or otherwise handling of imported goods and export goods in any capacity in a Customs area is invited to the ‘Handling of Cargo in Customs Areas Regulations, 2009′. These regulations were examined by the Parliamentary Committee on Subordinate Legislation and as per the recommendations of the Committee, CBEC had made modification/amendments in the “Handling of Cargo in Customs Areas Regulations, 2009″ vide Notification No. 96/2010 dated 12.11.2010 and CBEC Circular no. 4/2011 dated 10.01.2011and the Public Notice no. 08/2011 of this Custom House. The circular & Public Notice provided guidelines in order to ensure that the CCSP engaged in receiving, storing, dispatching or otherwise handling of imported goods and export goods of hazardous nature at the approved premises handles the same in safe and secure manner.

2. Applications were invited from the CCSPs who intended to store, receive, dispatch or handle the hazardous cargo or hazardous cargo along with other general cargo at their premises, and a checklist was issued vide letter dated 03.03.2011 stipulating the conditions to be followed for handling of the hazardous cargo in the Customs Area. However the condition that there shall be minimum distance of 200 meters between the general cargo and the Hazardous cargo was challenged in the court of law and the petition is presently awaiting finality before the Hon’ble Supreme Court of India.

3. The Hon’ble Supreme Court on 10.04.2013 directed to strictly comply with the guidelines on safety and security of the premises where imported or export goods are loaded and unloaded except the distance between the cargo of hazardous and non hazardous character. As per these directions, applications were invited from the CCSPs intended to receive, store, deliver, dispatch or otherwise handle the imported goods and/or export goods of Hazardous nature. The applications were scrutinized and the CCSPs of the CFSs found to have been in compliance of the regulations were authorized to handle the cargo of Hazardous nature in their CFSs. Also some CFSs were authorized earlier to handle the cargo of Hazardous nature in their CFSs prior to the court cases etc.

4. As such, the CCSPs of the following CFSs were authorized to handle the cargo of Hazardous nature in their CFSs :

The process for Authorisation of some more CFSs is under progress.

5. In view of the above, in accordance with the Regulation 7(2) of the Handling of Cargo in Customs Area Regulations,2009, it is hereby directed that

a. The CFSs not authorized to handle the Hazardous cargo shall not receive any Cargo of Hazardous nature after 21 days from the issue of notification of this Public Notice.

b. After the 21 days, the Hazardous cargo lying in the CFSs which are not authorized to handle such cargo, shall be transferred/ shifted in the CFSs authorized to handle such cargo within 15 days, either under the Customs’ preventive escort or Customs Seal.

6. The Shipping Lines are directed to take precaution while filing the IGMs to nominate cargo of Hazardous nature in the CFSs authorized to handle such cargo only to avoid amendment procedures afterwards.

7. Any difficulties experienced in this regard may be brought to the notice of undersigned immediately.

       Sd/-
18.11.2014
(S.H. Hasan)
Commissioner of Customs (General), JNCH.