In addition, companies must report to the Chemicals Regulatory Division all existing substances that are manufactured or imported in quantities greater than 1 tonne per year (TPA). This should be done within the initial notification period of 6 months, which begins 1 year from the date of adoption of the rules. (A date yet to be confirmed.) For all new substances imported after the initial period, companies must complete the notification procedure at least 90 days before their establishment in India. Companies must also update the information on notified substances (e.g. total quantity) by 31 January each year. Annex II contains the registered substances. About 750 existing substances need to be registered within 18 months, Kumra says. The submission of a technical dossier is required, and for quantities exceeding 10 tonnes, a chemical safety report is also mandatory. Registration fees vary depending on the tonnage and size of the company, Kumra explains. The regulation was first published by the Ministry of Environment and Forests (MoEF) in 1989 and amended in 1994 and 2000.
It regulates the production, storage and import of hazardous chemicals into India. The transport of dangerous chemicals must comply with the provisions of the Motor Vehicles Act 1988. Today, India`s current chemicals regulations do not have the same comprehensive control as REACH, but focus on the user level. To be on an equal footing with this European legal framework, India will expand its chemical safety to include requirements that start at the place of origin. This implies the implementation of new rules for these previous stages and the establishment of authorities responsible for delegating control of them. There have been significant comments from industry on the time limits in the project, Kumra says. The notification period shall begin 12 months after the entry into force of the Regulation and shall provide for six months until its completion. All chemicals notified during this initial period are classified as existing substances. Industry stakeholders believe that the proposed 18-month timeframe for the registration of substances listed in Annex II (Priority Substances List) is insufficient, with all respondents insisting on this point, Kumra said. Some companies have applied for a registration period of up to 36 months, he says, which is more in line with EU REACH legislation.
Lawmakers are looking at these concerns, and the timeline could be increased from 18 months to 24-30 months from the date the rule goes into effect, Nair suggests. This would be based on the fact that some of the summary parameters that must be part of the technical registration dossier may require more testing time in laboratories. Kumra described the format of the proposed ANC. The ANC will be composed of three key bodies. The Steering Committee will be responsible for administrative and financial tasks; the Scientific Committee shall examine the notified substances and identify the substances for which full registration is required; The Committee for Risk Assessment shall decide, on the basis of scientific data and chemical assessments, whether other constraints apply to certain chemicals. Eight different units will be set up for chemistry, toxicology, chemical accidents, packaging and labelling, technology, priority substances, information technology and socio-economics. Therefore, a comprehensive framework for chemicals management with clearly defined objectives and assigned responsibilities is a necessity if India is to align its chemicals policy with those developed and implemented by other countries. 1. When an occupant or person wishes to transport a hazardous chemical, it shall ensure that the vehicle used for transport is properly labelled in accordance with the eighth revision of the UN GHS classification and that technology-based positioning and communication systems are used in accordance with the requirements of the Division. (2) The transportation of hazardous chemicals shall be carried out in accordance with the provisions of these Regulations and the regulations issued by the central government in accordance with the Motor Vehicle Act, 1988 and such directives as may be issued by the Ministry from time to time in that regard. (3) In the case of transport of dangerous chemicals to another State, the occupant or person shall inform in advance the National Pollution Control Board of the State to which the dangerous chemicals are transported.