Overview of Used/Scrap Tyre Import License

The MoEFCC has laid down provisions regarding the import of used tyres through the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 which offers the Used Tyre Import License. It is equally stated that used tyres have to be disposed off in an environmentally sound manner as required by the provisions of the national waste management policy nobody can import these products without seeking previous authorisation of the MoEFCC. This process seeks to show that the imported tyres will be taken to approved recycling or disposal centers, hence not pollute the environment. This regulation seeks to regulate the export, import and transit of what it deems to be potentially harmful waste as well as encourage proper waste management. In an attempt to curb the adverse impacts associated with the inadequate disposal of the used tyres, MoEFCC lays down some strict policies that make importers to be more accountable for proper handling of the end products. These regulations are among India’s measures to boost the protection of the environment and transition to a circular economy.

Recognizing the Significance of Import Licenses

Governments use import licenses as a means of controlling what comes into their countries. In relation to old tyres, these licenses may be mandatory so that only those which meet certain safety standards are brought in and also to limit the number that finds its way into the local market.

Advantages of Used Tire Import Licenses

• Safety Assurance: By guaranteeing that only tires that meet safety requirements are sold these standards lower the possibility of accidents and protect consumers.
• Environmental Protection: By controlling the import of used tires governments can enforce eco-friendly policies that cut down on pollution and waste from landfills like recycling tires.
• Economic Regulation: Import licenses aid in controlling the amount of used tires that enter the domestic market averting a glut of low-cost imports that might undercut regional tire producers and dealers.
• Quality Control: To guarantee that customers receive tires of a suitable caliber and performance import licenses frequently impose requirements on imported tires to fulfill specified quality standards.
• Income Generation: In order to raise money for regulatory enforcement infrastructure improvements or environmental projects authorities may impose fees and tariffs on imported tires.
• Market Stability: Authorities can keep a steady and predictable supply of tires guaranteeing continuity for both businesses and consumers by controlling import volumes through licensing procedures.
• Compliance Enforcement: Authorities are better able to control the import of used tires and take legal action against non-compliant entities when they impose requirements on importers such as obtaining licenses and meeting certain standards.
• Protection of Public Health: Provisions for the inspection and quarantine of imported tires can be included in import licenses in order to stop the introduction of pests or diseases that could endanger the public’s health or the agriculture sector.

List of Required Documents for Obtaining MOEF Permission for Importing Used Tyres:

• Pan Card of the Authorized Representative
• Pan Card of the Unit
• Memorandum of Association (MOA) & Articles of Association (AOA) or Agreement Deed
• Consent to Operate of the Unit
• Consent to Operate from the State Pollution Control Board
• Import Export Code (IEC)
• Goods and Services Tax (GST) Registration
• Authorization of the Unit
• Photographs and Videos of the Operational Plant
• Laboratory Report.

Standard Operating Procedures (SOPs) with regard to recycling from Waste Pneumatic Tyres

The aforesaid SOPs have been finalized on the basis of recommendations of the Technical Review Committee constituted under Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules, 2008. The SOPs indicate the technical requirement with respect to environmentally sound operation of such units and import of such waste for the purpose of recycling and recovery.

In this reference undersigned is directed to convey that State Pollution Control Board (SPCB)/ Pollution Control Committee (PCC) shall ensure compliance with these SOPs before issuing any authorization under Hazardous Waste (Management, Handling and Trans-boundary Movement) Rules, 2008 or Consent to Operate (CTO) under Air (Prevention 86 Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974. Compliance with these SOPs shall be certified by SPCB/PCC on the basis of inspection. The certificate shall accompany the CTO and Authorization as inspection report for all purposes.

• Background

1) As per UNEP guidelines, used pneumatic tyre is defined as a tyre that has been subjected to any type of use and/or wear. Those used, partly worn tyres can be re-used without further treatment i.e. direct re-use which may include Tyre fitted to second-hand vehicles that are sold, or obtained from vehicles that are scrapped;

Old (out-of-date) tyres that ate used for less demanding applications; and Tyres that are exchanged for reasons other than that of having reached the end of of their life, such as the vehicle owner's fitting a set of high performance tyre or new wheels.

2) Further, as per UNEP guidelines, waste pneumatic tyre is defined as a tyre that cannot be used for its original intended use any further. However, such waste pneumatic tyres may be re-treaded for further use or can be recovered by being cut, shredded and then used in several applications, such as footwear, sports ground surfaces and carpets. They can also be used in the form of tyre-derived fuel for energy recovery.

3) As per HWM Rules, 2008, 'waste pneumatic tyres' are listed at item no B-3140 of Schedule-III can be imported into the country only for the purpose of resource recovery, recycling or 'direct re-use'. Since the tyres for 'direct re-use' are also included in this definition, both 'waste pneumatic tyres' and 'used pneumatic tyres' come under item B- 3140 of schedule-3 part-B of the HWM Rules, 2008 - thus require prior permission from Ministry of Environment would be necessary for import. However, as per the OM No: F. No.23-4/2009-HSMD dated 24/11/2014 issued by MoEF, import of used tyres for direct re-use has been prohibited in the country.

4) Used pneumatic tyres have not been categorized as hazardous wastes as per Schedule-I and II of HW Rules, 2008. Provisions under HWM Rules, 2008 may only apply in case of import of waste pneumatic tyres.

5) The main constituents of used tyres are steel, rubber and fibre in varied proportions depending upon the duty of the tyre. The environmental and safety concerns in the recycling arise due to fire hazard, emission of fibre and fine carbon particles and odour nuisance.

• Import of Waste Pneumatic Tyres

1) Permission for import of waste pneumatic tyres may be permitted to actual users having requisite permissions and adequate facilities as recycling waste pneumatic tyres for resource recovery or utilization.

Import may be permitted for following applications;

a) Crumb rubber and downstream products

b) Utilization/ Co-processing in Cement Kilns

c) Tyre Pyrolysis Oil

• Requirements for seeking permission for Import of Waste Pneumatic Tyres

A person desirous to import waste pneumatic tyres shall comply with following documentary requirement;

1) He should be an actual user

2) Shall possess valid consent to establish granted by the State Pollution Control Boards/ Pollution Control Committees(SPCBs/PCCs) under the Water (Prevention and Control of Pollution) Act, 1974 (25 of 1974) and Air (Prevention and Control of Pollution) Act 1981 (21 of 1981);

3) The applicant unit should possess 'consent to operate' issued by concerned State Pollution Board under the Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act 1981

4) Certificate of fire clearance form concerned authorities.

5) Documents showing proof of compliance with the minimum facilities in the form of photographs, video, documents etc.

6) Should possess valid IEC certificate issued by office of the DGFT

Procedure for submitting MOEF Application for import of used tyres

• Step 1: The applicant must fill out an online application on the MOEF portal in order to start the process. Important documents like the company’s details proof of address the State Pollution Control Boards Pollution Certificate the reasons for importation and the recycling plants details should all be included in the application. Videos and pictures should also be included as supplementary documentation.
• Step 2: The application and supporting materials will be carefully examined by the Expert Committee (EC) of the MOEF after submission. The EC will notify the necessary documents in the event that any deficiencies are found.
• Step 3: The applicant will arrange a virtual meeting with the EC after the application is considered complete. The applicant will receive an email with the meetings date and time.
• Step 4: The EC may elect to inspect the applicant’s factory premises after the virtual meeting. Depending on the ECs decision this inspection may be conducted virtually or in person.
• Step 5: The EC will direct the Central Pollution Control Board (CPCB) to inspect the applicants premises in order to expedite the inspection process. After that the State Pollution Control Board (SPCB) will be assigned the inspection task by the CPCB.
• Step6: The report will be sent to the MOEF after the SPCB completes its inspection and sends it to the CPCB. The MOEF will grant the Certificate for Import of Used Tires following a thorough assessment.

Note that since used tires are restricted goods the applicant might also need to get approval from the Director General of Foreign Trade (DGFT).

How Whizseed may help you?

We have a pan India presence and availability of service. We will reach you anywhere in India. We have experts with experience in every environmental compliance. You can reach out to us for any information or query, and we will make all processes easier for you. Apart from that, we provide services at the most affordable rates. We are very punctual in providing services within the promised time. We provide support from beginning to end. We are the best level CAs, CSs, & Advocates who have all procedural/theoretical knowledge and prior experience and assurance of services.