CBEC issues circular prescribing distance to be maintained between Hazardous Cargo & General Cargo [Read Circular]

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The Central Board of Excise and Customs has recently issued guidelines prescribing distance to be maintained between hazardous cargo including explosives and general cargo or administrative building in a customs area. As per the circular, the explosive goods must be considered separately among the various hazardous goods imported or exported.

Earlier, the Board has issued Circular No. 4/2011-Cus dt. 10.01.2011 which contains detailed guidelines regarding safety and security of premises where imported/exported goods are loaded, uloaded, handled or stored.

The Circular provided that the goods of hazardous nature must be stored in approved premises of the customs cargo service provider subject to the conditions mentioned in the said circular and relevant rules. The Circular further provided guidelines for construction of the space allocated for hazardous goods.

The above circular was challenged before the High Court of Bombay in a writ petition filed by M/s CFS Association of India, in which the Court refused to verify the legality of the circular issued by the Board.

Following the High Court decision, a Joint Technical committee was constituted comprising of members from the Ministry of Environment and Forest, Ministry of Shipping, CBEC, port Trust etc. with an object to give recommendations distance to be maintained between hazardous cargo including explosives and general cargo or administrative building in a customs area. the recommendations have been accepted by the CBEC and had decided to bring necessary amendments to the Circular No. 4/2011-Cus dt. 10.01.2011. The said circular is issued by the Board in pursuance to the recommendations of the said committee to amend the earlier circular.

Read the full text of the circular here.

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