Biodegradable or compostable plastic bags
- Document symbol
- G/LIC/N/3/MUS/13
- Original language
- English
- Published on
- 15/12/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Importation of biodegradable or compostable plastic bags is subject to registration and clearance as per regulation 6.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Biodegradable or compostable plastic bags should conform to any standards provided in the Third Schedule of the regulations.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to goods originating from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The objective of registration and clearance prior to importation of biodegradable or compostable plastic bags is to ensure that the products conform to one of the standards listed in the Third Schedule to the Regulations.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The Environment Protection (Banning of Plastic Bags) Regulations 2020.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
There is no quota for the importation of biodegradable or compostable plastic bags.
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The regulations provide that an application for clearance is to be made 30 days prior to placing a shipment order.
Q7.b. Can a licence be granted immediately on request?
No. Applications are processed on a first come first serve basis as per good governance protocol established. The minimum requirement time is about five working days.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
No.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The Ministry is the sole authority for processing and delivering permits (Registration + Clearance).
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The Director of Environment is empowered to reject an application not conforming to the Regulations.
As per regulation 12 if the Director of Environment rejects an application made under Regulations Nos. 5 and 6, he shall notify the applicant in writing, stating the reasons of the refusal.
The Regulations do not provide restriction of appeal in the event a permit/clearance is refused. Section 54 of the Environment Protection Act provides for hearing and determination of appeals by the Environment and Land Use Appeal Tribunal (ELUAT). However, the refusal of a permit under the Regulations is not covered under the jurisdiction of the ELUAT and the applicant may initiate civil proceedings before the Supreme Court.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
There is no restriction. Any person willing to import biodegradable or compostable plastic bags may apply for registration and clearance accordingly.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Documents required for registration are listed in the Second Schedule of the Environment Protection (Banning of Plastic Bags) Regulations 2020 and for clearance application in the Fourth Schedule of the Environment Protection (Banning of Plastic Bags) Regulations 2020.
Q11. What documents are required upon actual importation?
Bill of Entry from customs
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The application fee for registration is Rs 10,000. The renewal fee is also Rs 10,000. An application for import clearance is free of charge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
A registration certificate issued under the Environment Protection (Banning of Plastic Bags) Regulations 2020 is valid for a period of three years and may be renewed upon request and would be subject to conditions applied therein.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
No. Licences are not transferable.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Failing to comply with conditions of a registration certificate may lead to revocation of the certificate.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
The importer has to notify the Ministry on the expected date of arrival of their consignment for verification.