Problems relating to Trade and Investment on India

22. Environmental pollution and waste disposal
Issue	Issue details	Requests	Reference

(1) Inadequate Environmental Registrations and Execution of Wastes Disposal	- In India, implementation on environment control and waste disposal is insufficient.		- NIL
	(Action) - "First Edition Guideline", being implementing details for "The E-waste (Management and Handling) Rules 2011" enforced since 1 May 2012, and serving as Guideline for the domestic sales licence, giving e-waste practice rules, met with strong protest from industries and associations, as it compels upon manufacturers and importers of the specified communication equipment and electric home appliances excessive burdens, such as installment of waste collection centre, attachment of symbol marks, upon products, etc. and restrictions on use of hazardous substance. As a result, Central Pollution Control Board (CPCB) released "The Final Guideline", alleviating or deleting obligations, such as compulsory installment of waste collection centre.

(2) Nebulous, Delayed Acquisition Procedures for the Environmental Clearance

- Upon factory construction in India, grant of prior environmental clearance (EC) is the prerequisite condition for issuance of building licence, etc. and other licences and approvals, despite the fact that EC by right is a separate legal system with no link to factory construction. Pending acquisition of EC, all applications are suspended for licences and approvals in regard to the factory construction.
In July 2011, after replacement of the Minister of Ministry of Environment & Forests (MEF), the regulatory authority, there was a delay for more than 5-months in issuance of licences on more than 100 projects, including an application filed by one of our member firms. It resulted in the total rescheduling, materially affecting the member firm's project.
MEF Notification S.O.1533 under "Article 8. grant or rejection of prior environmental clearance (EC) in paragraph (iii)" provides: "In the event that the decision of the regulatory authority is not communicated to the applicant [within 45-days], the applicant may proceed as if the environment clearance sought for has been granted or denied by the regulatory authority in terms of the final recommendations of the Expert Appraisal Committee or State Level Expert Appraisal Committee concerned." However, in anticipation of the forthcoming long-term relationship with MEF endowed with the most powerful practical authority, presiding agencies would not advance the procedures, effectively voiding the "deemed EC" provision.

- It is requested that MEF
-- abridges the lead-time for initiation of the construction work, by allowing separate application procedures for licence and approvals individually,
-- advances steadfastly the routine procedures for licences and approvals under EC unaffected by the replacement, etc. of the Minister, and
-- makes the "deemed EC provision of the Notification" effective so that the projects may advance, regardless of any delays in the EC procedures.

- Ministry of Environment & Forests Notification S.O.1533, Article 8 (iii)

(3) Aggravated Atmospheric Pollution

- Atmospheric pollution gets worse year after year. The news has not reached Japan hidden by the reported conditions about PRC. The pollution in India is even worse than it is in PRC.
- PM2.5 at the level worse than PRC overshadows the whole Indian area.

- It is requested that GOI introduces controls on car emission, car ownership, etc.
- It is requested that GOI takes step to improve environmental pollution and ameliorate the traffic congestions.

(4) Delayed Issuance of Energy Saving Labeling Act

- This rule due for enforcement on 1 January 2015 has not been formally promulgated so that concerned parties are unable to take responsive action although its preparation has been made ready. (The work cannot be started for sticking label on the products, etc.)

- It is requested that GOI takes step to promulgated legislative promulgation in accordance with the prescribed schedule, and to make public announcement accordingly.

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