Circular
No.4 / 2011-Customs
F.No.450/55/2008-Cus.IV (Pt.II)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs
159A, North Block,
New Delhi-110001
10th January,
2011.
To
All Chief Commissioners of Customs
/ Customs (Prev.).
All Chief Commissioners of
Customs & Central Excise.
All Commissioners of Customs /
Customs (Prev.).
All Commissioners of Customs
& Central Excise.
All Director Generals under
CBEC.
Subject: Handling of Cargo in
Customs Areas Regulations, 2009 – regarding.
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Sir
/ Madam,
Attention
is invited to the Handling of Cargo in Customs Areas Regulations, 2009 which
provide comprehensive guidelines for receipt, storage, delivery or otherwise
handling of goods in the Customs area. These regulations also prescribe the
responsibilities of persons engaged in the aforesaid activities. Further
reference is also made to Board Circular No.13/2009-Customs dated 23.3.2009
issued on the subject matter bringing out the salient features of these
regulations.
2.
Regulation
5 of the Handling of Cargo in Customs Areas Regulations, 2009, as amended
vide Notification No.96/2010-Customs (N.T.) dated 12.11.2010, provides
the obligation of a Customs Cargo Service Provider (CCSP) approved as a Custodian
of imported and export goods in respect of safety and security of the premises
for loading, unloading, receipt and disposal of imported and export goods in the following manner:
“Customs Cargo Service provider for custody of imported
goods or export goods and for handling of such goods, in a customs area, shall
fulfill the following conditions, namely:-
………
5(1)(i)(n): security and
access control to prohibit unauthorized access to the premises, and
………
5(1)(ii): safe, secure and
spacious premises for loading, unloading, handling and storing of the cargo for
the projected capacity and for the examination and other operations as may be
required in compliance with any law for the time being in force;”
3. Similarly, Regulation 7 of the Handling of Cargo in Customs Areas Regulations, 2009 gives
powers to Commissioner of Customs to exempt CCSP from any of the conditions of
Regulation 5 for the reasons to be recorded in writing and subject to the
satisfaction that in relation to custody and handling of imported or export
goods in a Customs area, the CCSP, for the reasons beyond his control, is
unable to comply with such conditions.
4. These regulations were examined by the Parliamentary
Committee on Subordinate Legislation and it was recommended by the Committee
that conditions under Regulation 5 which concerns overall safety and security
of the premises may not be subjected to exemption by any authority. The Committee also suggested that CCSP should
publish the Schedule of Charges of various services rendered in relation to
imported / export goods and display at prominent places including website / web
pages of the CCSP.
5. These suggestions of the Parliamentary Committee
on Subordinate Legislation have been accepted.
Accordingly, it has been decided that no relaxation or exemption from
requirements on safety and security of premises shall be allowed by
Commissioners of Customs to the Custodians or Cargo Service Providers in terms
of provisions of Regulation 7 of the Handling of Cargo in Customs Areas
Regulations, 2009. Also, keeping in view the paramount importance of overall
safety and security of imported / export goods, detailed guidelines are being prescribed
in order to ensure that all concerned persons
ensure that suitable arrangements are put in place for safety and security of
premises relating to imported or export goods. These guidelines are annexed as
per annexure A to this Circular. Commissioners
of Customs are required to ensure that provisions pertaining to safety and security
of premises are complied with strictly at the time of appointment of CCSP and
monitored thereafter. Commissioners of
Customs should undertake review of such obligations of CCSP who have been
appointed earlier in terms of proviso to sub regulation (2) to regulation
10.
6. The requirement of publishing a Schedule
of Charges associated with various services in relation to imported or export
goods in the Customs area and its display at prominent places including web
page or website of the CCSP has also been made mandatory by making suitable
amendments in Regulation 6(3) of the Handling of Cargo in Customs Areas
Regulations, 2009 vide Notification No.96/2010-Customs dated 12.11.2010. Commissioners of Customs should, therefore,
ensure that all CCSPs discharge this responsibility, as cast upon them vide the
said Regulation 6(3).
7. Vide Notification No.96/2010-Customs
dated 12.11.2010, Regulation 5 has been amended to the effect that in addition
to other obligations, all CCSPs for custody of imported or export goods and for
handling of such goods in the Customs area shall provide free of cost or rent,
fully furnished office accommodation, EDI service center along with basic
amenities and facilities. Further,
amendments have also been made to make it mandatory to all such CCSP to provide
residential accommodation and transport facilities to the Customs staff.
8. In this regard, it is clarified that no
exemption is available to existing Custodians / CCSP in so far as provision of
facilities and fulfillment of the prescribed conditions in Regulation 5 and 6,
as applicable, within the specified limit are concerned. Further, custodians under the Major Port
Trusts Act, 1963 and Airports Authority of India Act, 1994 shall not be
required to make an application under Regulation 4 or 9 for approval or renewal
under these regulations, but they would be required to necessarily discharge
the responsibilities cast upon them in terms of Regulations 5 and 6 of the
regulations without any exception.
9. The Board has also considered the issue
of possible liabilities arising on account of damages caused or loss suffered on imported or export goods, due to
accident, damage, deterioration, destruction or any other unnatural cause
during their receipt, storage, delivery, dispatch or otherwise handling. In this regard, it has been provided by the
Notification No.96/2010-Customs dated 12.11.2010 that the CCSP will undertake
to indemnify the Commissioner of Customs from any such liability by furnishing
an indemnity bond. Commissioners of Customs are, therefore, required to ensure fulfillment
of this requirement by CCSP without fail. Commissioners may also undertake review of
such obligations of existing CCSP in terms of proviso to sub regulation (2) to Regulation
10 of the Handling of Cargo in Customs Areas Regulations, 2009.
10. Circular No.13/2009-Customs dated
23.03.2009 issued on the subject matter stands modified to the above extent.
11. Suitable Public Notices or standing
orders may be issued to guide the trade / Industry and officers.
12.
Any
difficulties in implementation of these regulations may be brought to the
notice of the Board immediately.
Yours faithfully,
Encl: Annexure A.
( R. P. Singh)
Director (Customs)
Internal
circulation: As usual.
ANNEXURE - A
Guidelines on safety and security of premises
where imported or export goods are loaded, unloaded, handled or stored.
(1)
The
imported goods or export goods which are hazardous in nature, shall be stored
at the approved premises of the CCSP in isolated place duly separated from
other general cargo, depending upon classification of its hazardous nature such
as Explosives (as defined under Rule 3 of Explosives Rules, 1983), Gases (Inflammable / Flammable Gases, Toxic/
non Toxic gases etc.), Flammable Liquids, Flammable Solids (Raw and wet Cotton,
spontaneous combustible substances, substance emitting flammable gases in
contact with water etc.), Oxidizing Substance & Organic Peroxide (Sodium
peroxide, Barium Bromate, Peroxy
acetic acid etc.), Poisonous & Infectious Substances (Tear Gas, Biological
substances, Formic Acid, Arsenic Acid etc.), Radio Active Materials, Corrosives
(Acetic Acid, Sulphuric Acid, Caustic soda etc.) or
any hazardous chemicals defined under Chemical Accidents (Emergency Planning,
Preparedness, and Response) Rules, 1996.
(2)
Safety
plans, procedures, instructions for Safe handling and storage of hazardous
goods including the procedure for reporting accidents to proper officer of
Customs and appropriate State Authorities shall be available.
(3)
Safety
sign boards, signals should be displayed conspicuously; safety instructions and
procedures shall be made available at the premises and the staff handling the
goods should be familiar with all the pictorial indications or stickers used in
international trade such as International Maritime Dangerous Goods code, other
domestic legislations to identify hazardous goods.
(4)
The
premises should be equipped with adequate fire fighting apparatus, such as Fire
extinguishers, Fire Hydrants, Fire Pumps, Fire hoses, Fireman outfits, Co2 fix
systems. Further, in order to protect the premises against fire hazard, it
would be necessary that fire preventive equipments such as automatic Fire
detection and alarm system, Fire control plan, Nozzles, Smoke detectors, Temperature
detectors, automatic sprinkler systems, sand boxes, emergency lighting system,
water supply outlet, fire exit etc are also provided. General facilities such
as ventilation, electricity system, emergency exit etc. shall also be provided.
In addition to these, the premises and surrounding area shall be well
illuminated, duly protected with spark arresters. ‘No smoking’ signals should
be properly displayed in the premises and the provisions banning smoking in
public places as per Section 4 of Cigarettes and Other Tobacco Products
(Prohibition of Advertisement and Regulation of Trade and Commerce, Production,
Supply and Distribution) Act, 2003, shall be enforced.
(5)
The
space allocated for storage of hazardous cargo within the premises should be of
proper construction including appropriate heat or fire resistant wall, RCC
roofing, flooring. Such area shall be situated at a minimum distance of 200
meters away from main office, administrative, customs office building so that the
storage of hazardous cargo is in such a manner that it does not endanger the
people working in the premises. Further, the open space,
provided for movement, total covered area for storage of containers shall be in
such manner that they do not hinder movement of persons, evacuation of goods in
case of emergency. The premises used by CCSP for storage of hazardous cargo
shall also fulfill the standards or norms prescribed, in National Building Code
of India (Part 4 - Fire and Life safety specify the requirements for fire
prevention, life safety in relation to
fire and fire protection
of buildings necessary to minimize danger to life and property from fire) or by
the concerned State/ Central Governments for fire safety.
(6)
The
material handling equipments including cranes, lifts, hoists, reach stackers,
tractors, trucks and other vehicles for
movement or transport of goods and other machines used in the premises for
handling of cargo shall be in conformity with the safety standards prescribed for
such equipments.
(7)
The
Custodian shall provide appropriate Contingency plan to handle emergency
situation when there is an immediate danger to personnel, cargo or other
infrastructure in the premises; Further the custodian shall provide
acquaintance or training of their staff for proper implementation and to comply
with these contingency plans, maintenance & readiness of all the
equipments.
(8)
The
Custodian shall provide Medical First Aid Kits within the premises; he shall
provide appropriate emergency medical services in case any person comes into
contact with hazardous/ dangerous goods.
(9)
The
security and safety of the premises shall be assigned to specified persons
working therein so that necessary services in case of emergency such as fire
fighting, fire brigade, fire tenders shall be obtained in time to prevent,
control and extinguish fire.
(10) Handling of hazardous cargo within the
premises, transportation of hazardous cargo between the premises and port
terminals or other authorized places is secured through authorized vehicles
with proper safety indications.
(11) The provisions of the Hazardous Waste
(Management, Handling, Transboundary) Rules, 2009 and the Manufacture, Storage
and import of Hazardous Chemical Rules, 1989
and other relevant rules and
regulations prescribed by the Government shall be adhered to in respect of
storage and handling of such goods.
(12) The Custodian shall provide appropriate
procedure for receipt, handling, delivery of hazardous cargo in such a manner
that the same does not hinder the movement of general cargo or endanger the
safety and security of the premises.
(13) The aforesaid
guidelines have been provided in order to ensure that the CCSP receiving,
storing, dispatching or otherwise handling of imported goods and export goods
of hazardous nature at the approved premises is handled in safe and secure
manner. The CCSP who intend to store hazardous cargo
or hazardous cargo along with other general cargo at their premises, may apply
to the jurisdictional Commissioner of Customs with the requisite particulars so
that the same may be verified for compliance in terms of Regulation 10 (2).
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