Summary
I-INTRODUCTION
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal is an international treaty (adopted in 1989) that was signed by Côte d’Ivoire in June 1994. This Convention was designed to regulate, control and reduce the movement of hazardous wastes between countries (but especially from developed to developing countries). The Convention also aims to minimize the quantity and toxicity of wastes generated, and to assist developing countries to reasonably manage the wastes, harmful or not, that they generate. In order to comply with the Convention, Côte d’Ivoire has issued the following decrees:
- Order n°11 MINSEDD/DGE/PFCB of March 15, 2012 on the creation, attribution, organization and functioning of the National Committee for the Analysis of Transboundary Waste Movement Files.
- Order n°12 MINEDD/DGE/PFCB of 15 March 2012 on the procedure for the Authorization of Transboundary Movements of Waste.
The General Directorate of Environment of the Ministry of Environment and Sustainable Development is the competent authority for the Basel Convention in Côte d’Ivoire.
Before any export operation, the economic operator must fill in a notification and transboundary movement of waste document and constitute a file that will be examined by the National Committee for the Analysis of Transboundary Movement of Waste Files in order to obtain an Approval.
Ministry of the Environment and Sustainable Development
General Direction of the Environment
Direction of Infrastructures and Environmental Technologies
Abidjan – Plateau Cité Administrative, Tour D, 25th floor
20 BP 650 Abidjan 20
Tel: (+225) 20 21 06 23
Fax: (+225) 20 21 04 95
Website: http://www.environnement.gouv.ci
Direction de la Gestion des Déchets Industriels et Substance Chimiques (DDISC)
Abidjan – Cocody Riviéra
Near the French School
Tel: (+225) 09 15 72 40
II-IMPORT AUTHORIZATION
Before any transboundary movement operation, any legal entity wishing to import, export or transit hazardous wastes must first fill in a Notification and Transboundary Movement of Wastes document and then compile a file before applying for a Waste Transfer Authorization addressed to the Minister of Environment and Sustainable Development who will forward it to the National Committee for the Analysis of Transboundary Movements of Wastes Files for approval. There is no charge for the examination of the file in Côte d’Ivoire.
-
Documentation to be completed
The notification and transboundary movement of wastes documents can also be downloaded from the Basel Convention website or are physically available in the offices of the Direction des Déchets Industriels et Substances Chimiques (DDISC) at Riviera 3, not far from the Lycée Français.
The DDISC also houses the Basel Convention focal point. It can be reached at the following emails: envsec@gmail.com or gnamessou2005@yahoo.fr
This documentation must be filled out and must accompany the application for authorization.
The list of documents to be provided for a request for authorization of a transfer of hazardous waste:
- A letter of request for authorization addressed to the Minister of the Environment and Sustainable Development;
- Information about the Company, including:
- The Company’s Articles of Association.
- A copy of the Trade Register with the nature of the activity.
- The CNPS certificate (National Social Security Fund).
- The Tax Certificate.
- Photocopy and original of the National Identity Card or Identity Certificate or Passport of the person(s) in charge of the Company.
- The passport photo of the person(s) in charge of the company.
- Criminal record of the Company’s manager(s) dated within three (3) months.
- The geographical location of the Company.
- The Insurance Certificate.
- Notification and Cross-Border Waste Movement Documents.
- Information on the waste to be imported, including:
- Preliminary identification sheet of the waste.
- Safety measures during transport.
- Description of the packaging.
- Transport itinerary.
- The Financial Guarantee to the benefit of the Ministry in charge of the Environment.
- The Contract binding the applicant Company to the recipient of the waste (in case of export) or to the Company of origin of the waste (in case of import).
The file is to be deposited in the offices of the General Directorate of the Environment or in the Mail Service of the Ministry in charge of the Environment.
-
OBTAINING AUTHORIZATION FOR THE TRANSFER OF HAZARDOUS WASTE
The file is submitted to a National Committee for the Analysis of the Files of cross-border Movements of Wastes which meets about 4 times a year – Cf. Order n°0011 MINEDD/DGE/PFCB of March 15th, 2012.The National Committee is composed of the following structures:
- Ministry of Environment and Sustainable Development (DDISC, CIAPOL, Directorate of Legal Affairs and Litigation, Basel Convention Focal Point).
- Ministry of Mines and Energy.
- Directorate General of Maritime Affairs.
- Autonomous Port of Abidjan.
- Autonomous Port of San Pedro.
- General Directorate of Customs.
The Economic Operator is informed by the office of the General Directorate of the Environment of the decision of the National Committee.
The Operator must then provide this Approval to the exporter of the country of origin so that it can obtain an Authorization of Exportation of its country towards the Ivory Coast.
The Authorization of Transfer of Hazardous Wastes is a document necessary to establish the Form of Declaration to the Import (FDI) of the Unique Counter of the Foreign Trade, GUCE.
Cost of obtaining the Hazardous Waste Transfer Authorization: Free of charge (pending the implementation of the bylaws and the creation of the agency).
Deadline for obtaining the Hazardous Waste Transfer Authorization: The National Committee meets 4 times a year to examine and approve the Hazardous Waste Transfer Authorizations.
Note: Further information can be obtained from the Basel Convention Focal Point at the following email addresses
envsec@gmail.com
gnamessou2005@yahoo.fr
III-DOCUMENTS
-
IMPORT DECLARATION FORM (IDF)
The Import Declaration Form (IDF) – see Example of IDF – is compulsory if the value of the goods exceeds five hundred thousand (500,000) F CFA. The IDF is established online via the transactional site of the Guichet Unique du Commerce Extérieur (GUCE). Access to the site requires prior registration as an importer, exporter or forwarder (https://guce.gouv.ci/register/procedure). The documents and information to be provided are as follows:
- Importer Code (or Occasional Importer Code).
- Pro forma or final invoice.
- Mode of transport.
- Name of the importer’s bank (in Côte d’Ivoire) (for direct debit and exchange authorisation).
- HS Codes of the products to be imported.
- Copy of the Authorisation for the Transfer of Hazardous Waste signed by the National Committee.
-
CARGO TRACKING FORM (CTF)
Import by sea
For all imports by sea, the exporter, the foreign forwarder and the importer must register the Cargo Tracking Form (CTF) via the website of the Ivorian Shippers’ Office (OIC).
At embarkation, registration of the CTF (see General Import Procedures tab of the website). The documents required are the following:
- Final Invoice.
- Bill of Lading (B/L),
- Packing List.
- Customs Export Declaration of the country of shipment.
- Certificate of local insurance in Ivory Coast.
- The Import Declaration Form (IDF) or its number.
In addition, for imports from countries outside the European Union, the following are required:
- The Freight Invoice.
- The Certificate of Origin.
-
CERTIFICATE OF VALUE
As soon as the goods are shipped and all the transport documents for the goods are available (Final Commercial Invoice, Bill of Lading or Air Waybill, Packing List, Freight Invoice, copy of the IDF and all other available certificates), the freight forwarder must initiate a request for a Certificate of Value.
All goods with an FOB value greater than or equal to one (1) million F CFA must obtain a Final Value Classification Report (FVCR) from the Directorate of Risk Analysis, Intelligence and Value (DARRV) of the Customs via the electronic platform of the GUCE – Cf.Customs Circular n°2007 of 29 March 2019.
The authorised forwarder downloads and fills in the Notice of Deposit (ND).
He attaches the documents accompanying the goods (see list above) to the deposit notice and uploads the entire file online on the GUCE platform.
The Customs Directorate of Risk Analysis, Intelligence and Value (DARRV) checks the shipping documents and delivers the Final Classification and Value Report by e-mail to the consignee or freight forwarder within 5 working days of the submission of the documents.
The freight forwarder completes Form D41 [Sampling Permit: this is an authorisation given by the importer or freight forwarder to Customs to take a sample of the goods for the purpose of quality control or to visually assess the apparent condition of the goods] and physically deposits it with the transport documents (see List above) at the Risk Analysis, Intelligence and Value Division (DARRV) of Customs for verification.
After examining the file, the DARRV issues the Attestation of Verification (AV).
Goods with an FOB value of less than one (1) million CFA francs and certain other products (see the list of goods not subject to FCVR on the website www.douane.ci) are exempt from the FCVR procedure. (See General Import Procedures on the website).
-
CUSTOMS DECLARATION ON ARRIVAL
The Customs declaration is made by a forwarder appointed by the importer and approved by Customs. The forwarder submits the declaration in the Customs computer system – SYDAM (Sydonia World). The documents to be submitted to the freight forwarder to make the Customs declaration are the following:
– Original Bill of Lading (B/L) for sea shipments, or Air Waybill (AWB) for air shipments or Consignment note for road shipments.
– Original supplier’s invoice.
– Certificate of Insurance.
– Import Declaration Form (IDF) – via the GUCE website.
– Freight Invoice.
– Final Value Classification Report (FVCR) if the FOB value is at least one (1) million CFA francs [or the Attestation of Value (AV) if the FOB value is less than one (1) million CFA francs, or if the products are excluded from the FVCR (see List of goods not subject to the FVCR on the websites www.douane.ci and www.webbfontaine.ci).
– The Packing List.
– The Customs receipt if the method of payment of duties and taxes is cash.
– The Cargo Tracking Form (CTF) issued by the Ivorian Shippers’ Office (OIC) for transport by sea.
– The Certificate of Origin.
– A Quality Certificate issued by a recognised International Organisation, before shipment of the products (see General Import Procedures).
– A copy of the Authorisation for the Transfer of Hazardous Waste signed by the National Committee.
IV-LIST OF PRODUCTS
See http://www.basel.int/Portals/4/Basel%20Convention/docs/techmatters/forms-notif-mov/vCOP8_f.pdf