Post on 06-Mar-2018
Environmental Legislation for
Industry Chemicals in India
Produced by Finpro India for
Teknologiateollisuus ry
FP00006533
May 8, 2012
Dinkar Krishnan, Finpro Chennai
Rekha Salvi, Finpro Chennai
Shriya Ramachandran, Finpro Delhi
Table of Contents
Introduction of the project 3
Executive Summary 4
India REACH 5-17
India RoHS 18-24
India CLP 26-34
Interview Summary 35
Conclusions & Recommendations 37
Appendices
A. Appendix – Primary Research Contacts
B. Appendix – Industry Associations
C. Appendix – Comparison of RoHSs
D. References
39
40
41-49
50
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Introduction of the Project
Background Information / Client Objectives
The Working Group for Environmental Issues of the
Federation of Finnish Technology Industries
Tasks include
• directing influence towards the preparation and
implementation of environmental legislation
• acting as a consultative body in developing ways of
exerting influence over environmental issues
• increasing awareness of the use of environmental
aspects in the improvement of competitiveness
• promoting cooperation between companies,
authorities and other environmental stakeholders.
Assignment Objectives / Company benefits
• To provide the companies with focal information of
requirements of environmental legislation on issues
related to products and production in India
• The idea is to find out how India have reacted to
chemical markings in products as defined in REACH,
RoHS, CLP (GHS)
• This study gives an overview where the legal aspects
are and what e.g. Finnish companies should take into
account when planning exports, starting own
manufacturing or outsourcing in India. How the
governmental actions on these issues will affect in
industry and manufacturing
Methodology
• Information collection in internet and databases
• Interviews with governmental officials, industry experts
• The report‟s outcome will be presented in a seminar
organized by Teknologiateollisuus
Project team:
Teknologiateollisuus ry
• Ms. Pirjo Kaivos
• Ms. Mia Nores-Korkeamäki
• Ms. Carina Wiik
Finpro study team members
• Mr. Matti Rasimus, Finpro Finland (Project Owner),
matti.rasimus@finpro.fi
• Eija Tynkkynen, Finpro Beijing, (Project Manager) ,
eija.tynkkynen@finpro.fi
Finpro India study team:
• Rekha Salvi, Senior Consultant rekha.salvi@finpro.fi
• Shriya Ramachandran, Marketing & Communications
Manager shriya.ramachandran@finpro.fi
• Dinkar Krishnan, Analyst dinkar.krishnan@finpro.fi
• www.finpro.fi/finpro-maailmalla/intia
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Executive Summary
• Regulations and legislations for Chemicals Management in India –
not evolved to the level comparable to the levels of European regulations such REACH
• Overall apathy in the industry towards regulations in Chemicals sector
• REACH – though companies exporting to Europe satisfy the requirements, no domestic regulations so far same as, or
equivalent to REACH
• RoHS – enacted since June, 2011
• CLP – planning regulations in line with GHS (draft regulation – July, 2011)
• The highly fragmented Indian chemicals industry is undergoing restructuring and consolidation phase
• Export of Chemical – through investments in Special Chemical Zones, PCPIR etc
• Planned investment of about USD 33 billion
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Large Foreign and Indian Chemical Companies
Medium Domestic Companies
Very Small and Small Domestic Companies
Highly fragmented industry
• Highly fragmented nature of legislations could lead to legal complications
for Finnish companies
• Indigenous and informal chemical industry is very strong in India, which
drives the market and also to an extent influences the legislation in their
favour
• Efforts by central government to implement and enforce regulations
are expected to find resistance from industry bodies, making the
process slow
• It is advised to closely monitor the regulatory developments in India on
continuous basis, to gain more understanding of how the various regulations
(such as REACH, RoHS etc) are enacted and implemented
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Overview of India REACH
Indian Chemical Sector – A Background
08.05.2012
• It has quite recently adopted WEEE/RoHS regulation (June, 2011) and is in the early stages of development of the
various associated mechanisms
• Compliance to REACH, RoHS and CLP in India is currently exclusively for the EXPORTS market, especially to
Europe
• Companies catering to the domestic market are bound by numerous local legislations that are not as stringent as
REACH
• Hence this report attempts to understand the Indian Chemical industry holistically, and tries to find how the
REACH, RoHS and CLP legislations would relate to the domestic as well as export market in the future
India's response to Chemical regulations so far
• Reluctant participant to most international treaties
• In international forums India argues that „one size fits all policy is not fair‟, and developing countries deserve to be
treated differently
• Sections operate outside global standards in local market
• No centralized body to monitor REACH preparedness
• Many ministries such as Ministries of Chemicals & Fertilizers, Ministry of Commerce and Ministry of
Environment & Forests issues guidelines related to environment, safety and so on
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Overview of Indian Chemical Industry
• The Indian chemicals industry is the twelfth-largest
industry in the world and the third largest in Asia in
terms of volume
• It is currently valued at around US$ 35 billion. India has
a diversified manufacturing base with a capacity to
produce quality chemicals for world consumers
• Government of India (GoI) plans to invest US$ 33
billion in three approved Petroleum, Chemicals and
Petrochemicals Investment Regions (PCPIRs); it also
plans to establish port-based chemical parks in special
economic zones (SEZs)
• Majority of exports – dyes, dyestuffs and alkali
chemicals
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• India has a strong base for innovation in its network of 200
national laboratories and 1,300 R&D units, which can be
leveraged for the shift towards an innovation-based industry
• The chemical industry in India is witnessing increased focus
towards research and development, which in turn provides
opportunities for growth of R&D hubs and industry specific
institutes
• India has emerged as an exporter of dyes, exporting dyes to
Germany, U.K., U.S., Switzerland, Spain, Turkey, Singapore
and Japan
• The export of dyes is expected to increase to US$ 2.6 billion
in 2020
High Medium Low
High Oil Refinery,
Petrochemicals Pesticides
Bulk Drugs, Dyes &
Dye-intermediaries
Medium Fertilisers, Chlor-Alkali
Low Soda Ash Paints, Inks & Printing Inks
Matrix showing India Government’s Sector-specific Priority – Risk and Volume
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Industry Sector Perspective
Key Sectors in India: Chemical Industry
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Textile/Apparel Industry:
•REACH Helpdesk for Apparel Exporters – An initiative
support by GiZ, Small Industries Development Bank of
India – SIDBI and Apparel Export Promotion Council –
AEPC, India)
•Indian Apparel Trade with EU: Consists of 6 sub-sectors
including,
• Knitted and woven outerwear, Bodywear, Sports
clothing, Leather clothing, Fashion accessories
•Total Export from India to EU: USD 81.8 billion (Jan-Dec
2010)
Leather Industry:
•REACH Helpdesk for Leather Exporters – provided by TUV SUD
South Asia Pvt Ltd, on behalf of Council of Leather Exports,
Ministry of Commerce & Industry, Govt of India
•Annual Turnover of USD 7.5 billion, Export – USD 3.84 billion
•EU accounts for 65.48 of India‟s Leather and Leather Products
Exports
Policy Framework:
• Licensing requirements have been removed, except for hazardous chemicals and a few special drugs
• 100% FDI is allowed under the automatic route, for all chemicals except hazardous ones
• Customs and Excise Duties: Peak customs rate of 7.5% on most chemicals, and excise duty of 16% on almost all chemicals
• PCPIR (Petroleum, Chemicals and Petrochemicals Investment Regions) Policy: introduced to boost the development of
chemicals and petrochemicals in investment regions
• USD 33 billion proposed investments
• Includes SEZs, industrial parks, free trade and warehousing zones, export=oriented units or growth centres
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Overview of Regulations in India
Overview of Legal Instruments in India, addressing Chemicals Management
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Production
• MSIHC Rules,
• Petroleum Act & Rules
• Explosives Act & Rules
• SMPV Rules
• Gas Cylinder Rules
• Insecticides Act & Rules
• Customs Act & Rules
• ODS (R&C) Rules
Imports Exports
Storage Transportation
Recycling Use Disposal
• Petroleum Act & Rules
• Explosives Act & Rules
• Insecticides Act & Rules
• ODS (R&C) Rules
• MSIHC Rules,
• CA (EPPR) Rules,
• PLI Act & Rules
• Explosives Act & Rules
• SMPV Rules
• Gas Cylinder Rules
• Factories Act & Rules
• Insecticides Act & Rules
• ODS (R&C) Rules
• Petroleum Act & Rules
• MSIHC Rules,
• CA (EPPR) Rules,
• PLI Act & Rules
• Explosives Act & Rules
• SMPV Rules
• Gas Cylinder Rules
• Factories Act & Rules
• Insecticides Act & Rules
• ODS (R&C) Rules
• Petroleum Act & Rules
• CA (EPPR) Rules,
• PLI Act & Rules,
• Petroleum Act & Rules
• Factories Act & Rules
• Explosives Act & Rules
• Mines Act & Rules
• Insecticides Act & Rules
• Port Act & Rules
• Dock Act & Rules
• PFA Act & Rules
• ODS (R&C) Rules
• ODS (R&C) Rules
• HW (M&H) Rules
• Batteries Rules
• EP Act & Rules
• Air Act & Rules,
• Water Act & Rules,
• HW (M&H) Rules
• Batteries Rules
• Insecticides Act & Rules
• Explosives Act & Rules
• ODS (R & C) Rules 9 India - Environment Regulation Industry Chemicals Report 2012 ©
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Overview of Regulations in India
Acts and Rules related to Chemical Industry
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Environmental Management Chemical Safety and Emergency
Management
Specific Chemical
Category/Container
Others relevant to Chemicals
Management
• The Air (Prevention & Control of Pollution)
Act, 1981 amended 1987
• The Air (Prevention & Control of Pollution)
(Union Territories) Rules, 1983
• The Water (Prevention & Control of
Pollution) Act, 1974, amended 1988
• The Environment (Protection) Act, 1986
amended 1991
• Environmental (Protection) Rules, 1986
(amended in 1999, 2001, 2002,
• 2002, 2002, 2003, 2004)
• Hazardous Wastes (Management and
Handling) Rules, 1989 amended
• 2000 and 2003
• EIA Notification, 1994
• Ozone Depleting Substances (Regulation
and Control) Rules, 2000
• Batteries (Management and Handling)
Rules, 2001.
• Manufacture, Storage and Import of
Hazardous Chemicals Rules, 1989
• amended 2000
• Chemical Accidents (Emergency Planning,
Preparedness and Response)
• Rules, 1996
• Public Liability Insurance Act, 1991
amended 1992
• Public Liability Insurance Rules, 1991
amended 1993
• The Petroleum Act, 1934
• The Petroleum Rules, 2002
• The Calcium Carbide Rules, 1987
• The Explosives Act, 1884
• The Explosives Rules, 1983
• The Gas Cylinder Rules, 2004
• The Static and Mobile Pressure Vessels
(Unfired) Rules, 1981
• The Insecticides Act, 1968
• The Insecticides Rules, 1971
• The Essential Commodities Act, 1955
• The Fertiliser (Control) Order, 1985
• Factories Act, 1948
• The Motor Vehicles Act, 1988
• The Central Motor Vehicles Rules, 1989
• The Mines Act 1952
• The Customs Act, 1962
• The Merchant Shipping Act, 1958
amended in 2002 and 2003
• Merchant Shipping (carriage of Cargo)
Rules 1995
• The Indian Ports Act, 1908
• The Dock Workers (Safety, Health and
Welfare) Act, 1986
• The Dock Workers (Safety, Health and
Welfare) Rules, 1990
• Drugs and Cosmetics Act, 1940
• The Prevention of Food Adulteration Act,
1954
• The National Disaster Management Act,
2005
• The Prevention of Food Adulteration
Rules, 1955
• The Prevention of Terrorism Act, 2002
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India REACH Snapshot
• India has not adopted REACH legislation yet, for its domestic market. However, all exporters of chemicals to EU region are required to comply with
REACH and hence, the government supports chemical industry in the compliance requirements of the companies
• Ministry of Commerce supports the REACH-compliance needs of Indian Chemical companies through CHEMEXCIL REACH-Help desk. Chemexcil is
Basic Chemicals, Pharmaceuticals & Cosmetics Export Promotion Council
• Confederation of Indian Industry (CII) along with SSS Europe also provides REACH Support through their Help desk, for Indian companies
08.05.2012
No REACH legislation, or REACH-like legislation in India domestically.
REACH compliance is only for exporters to EU region
• REACH directly applies to the European manufacturer and importer of chemicals and chemical containing products and requires them to demonstrate the
safety of their products put into the European markets by submitting detailed information on the intrinsic and toxicological properties of the products to the
central chemical agency (ECHA)
• Therefore, it is but natural that the EU importer shall ask his Indian supplier to furnish the required information and this is how the Indian exporters get
implicated within REACH
• If the Indian exporters wish to continue uninterrupted trade with the EU, they shall have to collect all the information, as required within REACH for
submitting to the ECHA
• It is important to note that submission of information to ECHA cannot be done by the Indian exporters
• It can either be done by the European importer provided he is willing to act as the registrant or if he refuses to take this responsibility and in certain
cases, if the Indian exporter does not wish to share proprietary information relating to his products, he shall have to appoint an “only representative”
• The “only representative” is the only legal entity authorized to pre-register on behalf of the Indian exporter
Indian REACH – just like other non-EU countries
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India REACH Snapshot
08.05.2012
REACH Europe India
Status
• Been in force since June 2007 • Not enacted so far for the domestic market.
Companies exporting to Europe satisfy
REACH requirements through the help
desks established by trade associations
Impact on the Industry
• Substances and articles require registration
if brought into the EU in sufficient volume.
Some requirements in REACH apply also
to articles
• Articles containing Substances of Very
High Concern (SVHCs) more than 0.1
weight-% need to be communicated to the
supply chain (REACH art.33(1)). If an
article contains more than 0,1 weight-% of
the SVHC and if the total amount of the
SVHC in articles is more than 1 tonne a
notification to ECHA is required (Reach
art.7(2))
• Safe use data and other safety data to be
provided pro-actively
• 73 SVHCs identified by April, 2012
• As of April, 2012, 14 substances are
subject to authorisation. The aim of the
authorisation is that the substance would
not be used in Europe anymore
• Large volume of data collection
• Indian chemical companies, mostly small
and medium companies, complain of high
costs involved in the registration, testing
and other such costs for compliance
• Companies are sceptical about the capital
costs of the compliance as well
• Since most of the companies serve the
domestic market, many are not keen on the
compliance
• Many large Indian companies and foreign
companies in India have been willing to
undergo the compliance process
Comparison of REACH in Europe and India
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India REACH Snapshot
08.05.2012
Timeline for REACH and CLP Compliance
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India REACH: Similarities and Difference
with EU REACH
08.05.2012
• Background from EU-REACH Perspective
• Out of the 73 SVHC substances, at the moment 14 are subject to Authorisation. The SVHC list is expected to include more
substances in the future as Member states suggest more substances for inclusion
• EU buyers are have started to demand their suppliers to provide proof that the articles do not contain SVHC's. If an article
contains an SVHC then the supplier should provide evidence/certify that all requirements in REACH are fulfilled.
• SSS, who supports the Help desk in India, based upon its assessment process can provide a certificate of “SVHC free” article
and in case article contains SVHC then it can facilitate the compliance process as required with REACH and then issue a
certificate of REACH compliance article, that can be then issued to various buyers
• SSS certified products and chemicals are presently being acknowledged and accepted by over 2000 EU buyers
Approach for Indian Companies for REACH Compliance
SVHC have posed new challenges to article suppliers. Here articles suppliers mean non-EU article exporters, EU importers and
manufacturers of articles.
Under REACH, an article is defined as an object which during production is given a special shape, surface or design, which
determines its function to a greater degree that does its chemical composition. e.g. automobile, garments, tires, plastics
products, electrical products, handicraft, toys, electronics. Thus, the limitation on SVHCs set out in the REACH regulation, has a
broad scope, affecting lots of industries.
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India REACH: Challenges & Outlook
Challenges
• The major impact on Indian exporters of chemical substances so far is the high cost of registration, by way of sharing data
generation costs with the lead registrants, running into millions of Euros
• Exporters of chemical preparations to Europe also have to bear the burden of getting the ingredient substances registered
(again at high cost)
• Regarding the impact of REACH on Indian articles like apparel, leather articles, electrical and electronic components, auto
components, handicrafts, etc, being exported to Europe, there is a grey list of very toxic substances. These SVHCs shall
attract enhanced control and regulation when used for manufacturing of articles like apparel, leather products, auto
components, dyes, paints, electrical and electronic components and products, metal parts and components, plastic products,
etc
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Outlook
• The implications on the export of articles shall be two-fold:
• Manufacturers and exporters of articles shall have to look for alternative safer chemicals; which would amount to
incorporating major changes in their product profile
• The search for safer substitutes that are not readily available will involve a lot of R&D, trials and expense
• These implications are further compounded by the fact that the SVHC list shall keep increasing with time. It is eventually
expected to contain 500 to 600 substances
• In the case of India-REACH, exporters have to appoint an OR (Only Representative) in the destination country to undertake
both the registration formalities as well as legal liability on behalf of the exporter
India REACH: CHEMEXCIL Initiative
08.05.2012
• Through a MoU with SSS, the CII Standards and Conformity Assessment Task Force has decided to launch a nation-wide
capacity building programme across various export sectors (leather, garments, auto components, etc) to strengthen the supply
chain in meeting REACH and other similar regulations
• As a first step, experts from the European Chemical Agency (the nodal organization for REACH) have been invited as key
speakers in two back to back symposiums on REACH Regulations and their impact on Indian industry, in Delhi and Mumbai
• The symposiums, being organized jointly by CII and the Union Ministry of Chemicals and Fertilizers, will be the first face-to-
face interaction of ECHA officials with Indian industry and other stakeholders
• This will be followed by extended outreach programmes targeting impacted sectors over the next year. As deadlines are fast
approaching, the symposiums would provide an ideal forum to obtain clarifications and enhance understanding on coverage
as well as compliance issues
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• CHEMEXCIL, the Chemicals & Cosmetics Export Promotion Council, has set up a REACH help desk and a web portal to
provide the latest updates to exporters. In order to provide professional assistance, CHEMEXCIL has appointed Sustainability
Support Services, (Europe) AB. Sweden, (SSS) to represent its member-exporters in European Union as „Only
Representative‟
• This arrangement has helped over 700 Indian companies go through the pre-registration and registration deadlines
Overview of India RoHS
• RoHS (Restriction of Hazardous Substance) legislation was previously enacted in the European Union, Japan, China, Korea,
and California. WEEE (Waste Electrical and Electronic Equipment) legislation was enacted in the EU, Korea, 25 US states,
and five Canadian provinces
• India has long been plagued by the problem of backyard recycling. India's new legislation is an attempt to address that
problem
08.05.2012
• India is the latest country to enact RoHS and WEEE legislation. Hazardous substance and electronic waste legislation is here
to stay and is expanding worldwide
• India is now on the list, and its new legislation laid by the Ministry of Environment and Forests, Government of India (covering
both RoHS and WEEE requirements) is known as the E-Waste (Management and Handling) Rules, 2011. India's WEEE
requirements will take effect in May 2012, and its RoHS requirements two years later
• (Http://moef.nic.in/downloads/rules-and-regulations/1035e_eng.pdf )
• This treats WEEE and RoHS identically in terms of scope, exclusions etc, and there is a considerable similarity with the EU
WEEE and RoHS legislation, although these are treated as totally separate legislation in the EU. The requirements are
similar to the EU's requirements
• The new waste rule will significantly change the way electronic waste is handled in India. Producers, collection centers,
dismantlers, and recyclers, to remain operating, will have to apply for a government-issued "Grant of Authorization" by July
31, 2012. Onsite storage of electronic waste will be limited to 180 days
• The new RoHS rule will limit the amount of hazardous substances present in electronic products produced and imported in
India ( source CII Reach Help desk and CPCB GUIDELINES FOR ENVIRONMENTALLY SOUND MANAGEMENT OF E-
WASTE Report)
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India RoHS/WEEE Snapshot
• India RoHS restricts the same six substances at the same maximum concentrations as in the EU but the scope of products is
different as explained below
• There is little information provided in the legislation regarding the process for compliance with India RoHS but the RoHS
requirements enter into force two years after this legislation is enacted, which is in May, 2014
08.05.2012
INDIA WEEE
• The responsibilities of the various entities, producers, consumers, collection centers, dismantlers and recyclers are defined
together with the procedures for obtaining registration and authorisation from the pollution control entities including sample
forms
• Storage of e-waste is permitted only for a period of 180 days, however this can be extended to a year should there be no
recycling facility in that state, or if one is being developed
• Labelling is same to that used in EU, except the black bar under the crossed outwheelie bin is not required
INDIA RoHS
Substances Use
Lead (Pb)> <1000 ppm Electrical and electronics industry in solder, lead-acid batteries, electronic components, cable sheathing and in the
glass of cathode-ray tubes
Mercury (Hg): < 1000 ppm Lamps, sensors, relays and so on
Cadmium (Cd): < 100 ppm electronic equipment, car batteries, and pigments, electroplated coatings, special solders, electric contacts, relays
and switched, PVC stabiliser etc
Hexavalent Chromium (Cr VI) <
1000 ppm
While some forms of chromium are non-toxic, Chromium VI can produce toxic effects. Found in passivation
coatings on metals and in corrosion resistant paints
Polybrominated Biphenyls (PBB):
1000 ppm
These are flame retardants found in electronic and electrical appliances. They have been found in indoor dust and
air through evaporation from plastics
Polybrominated Diphenyl Ethers
(PBDE): < 1000 ppm
These are also flame retardants found in electronic and electrical appliances. Combustion of printed wiring boards
release toxic emissions
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India RoHS: Similarities and Differences
with EU RoHS
India RoHS EU RoHS and EU RoHS II (recast)
Legislation Joint for WEEE and RoHS Separate for WEEE and RoHS
Legislation
Adopted
May 1st, 2012 EU RoHS: February 13th, 2003
EU RoHS II (recast): July 1st, 2011
Legislation
Entered into force
May 1st, 2012 EU RoHS: July 1st, 2006
EU RoHS II (recast): January 2nd, 2013
Legal
Responsibility
Producers
Consumers
Collection Centres
Dismantlers
Recyclers
Producers
Distributors
Business end users
Treatment facilities for WEEE
Exporters of WEEE
Business Size
Affected
Does not apply to Micro & Small Enterprises as defined under the
Micro, Small and Medium Enterprises Act, 2006 (See Table A in
slide no: 23)
All sizes in the categories above
In Scope (i) IT & Telecommunications Equipment
All from EU RoHS Cat 3 ‟IT & Telecoms Equipment‟, except:
Calculators
Printer cartridges
Product for collection, storage, processing presentation or
communicating information electronically
Other equipment for transmitting sound images or other info by
telecommunications
ii. Consumer electrical & electronics
From EU RoHS Cat 1 ‟Large Household Appliances‟
Refrigerators
Washing machines
Air-con (not centralised air-con plant)
From EU RoHS Cat 4 ‟Consumer Equipment‟:
Television sets (all types)
Note: These are inclusive lists, there is no ‟anything else‟ comment.
Current:
1.Large household appliances
2.Small household appliances
3.IT and telecommunications equipment
4.Consumer equipment
5.Lighting equipment, (including electric light bulbs and household
luminaries)
6.Electrical and electronic tools (with the exception of large-scale
stationary industrial tools)
7.Toys, leisure and sports equipment
10. Automatic dispensers
Following the pending recast:
8. Medical devices (with the exception of all implanted and
infected products)
9. Monitoring and control instruments
11. Anything else not covered in categories 1-10
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India RoHS: Similarities and Difference with
EU RoHS (Contd…)
India RoHS EU RoHS
Out of Scope a) Batteries
b) Radio Active Waste
c) Micro & Small Enterprises as defined under the Micro, Small &
Enterprises Development Act, 2006
Currently:
a)Military & National Security
b)Electricity not primary power source
c)Primary function does not need electricity
d)Part of another type of equipment that is out of scope
e)Batteries
Following the pending recast:
a)Military equipment
b)Equipment designed to be sent into space
c)Part of another type of equipment that is out of scope
d)Large-scale stationary industrial tools
e)Large-scale fixed installations
f)Transport
g)Non-road mobile machinery for professional use
h)Active implantable medical devices
i)Photovoltaic panels
j)R&D equipment for B2B only
Enforcement Not specified By national enforcement bodies, e.g. in the UK
WEEE: Environment Agency, (SEPA, NID ofE)
RoHS: NMO (National Measurements Office)
Penalties Not Specified WEEE/RoHS:
Fines and costs, plus imprisonment in some EU States. The size of
fines varies considerably between EU Member States.
RoHS Exemptions (i) See Appendix 2 for a comparison listing.
(ii) Note: There are no time limitations for exemptions, no defined
procedure for requesting exemption and no criteria that can be
used for justification
A procedure exists for exemption requests which includes defined
criteria that can be used for justification. Time limitations are defined
Compliance
Approach
WEEE: Application to the State Pollution Control Board or local Pollution
Control Committee
RoHS: The approach is unclear for RoHS but it is required to include
information on RoHS substances in instruction manuals
WEEE – MS individually interpret the directive, requirements vary
considerably and include registration, membership of compliance
schemes
RoHS – EU-wide consistent interpretation, although there are some
areas where EU States have different interpretations. Compliance
by self-declaration using documentation 08.05.2012 21
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India RoHS: Similarities and Differences
with EU RoHS (Contd…)
08.05.2012
Business Size Business Area Investment
Micro Manufacturing < INR 2.5 million Approx<£35K
Services < INR 1.0 million Approx <£14K
Small Manufacturing < INR 2.5 – 50 million Approx £35K – 700 K
Services < INR 1.0 – 20 million Approx £14K – 280K
Medium
Manufacturing < INR 50 – 100 million Approx < £700K - £1.4
million
Services INR 20 – 50 million Approx £280K – j£700K
Table A: (mentioned in ‘Business Size Affected’ Column in slide no: 21)
(Continued in Appendix C in Slide No: 40)
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India RoHS: Similarities and Differences
with EU RoHS (Contd…)
08.05.2012
Categories of E-Waste covered under the rule e-waste (Management and Handling) Rules, 2010 – Schedule 1
Sl. No. E-Waste Categories
1 IT and Telecommunication Equipment:
Centralised data processing:
Mainframes, minicomputers
Personal computing:
Personal computers (CPU with input and output devices)
Laptop (CPU with input and output devices)
Notebook, Notepad etc.,
Printers including cartridges
Copying equipment
Electrical and electronic typewriters
Pocket and desk calculators
And other products and equipment for the collection, storage, processing, presentation or communication of information by
electronic means
User terminals and systems
Facsimile
Telex
Telephones
Pay telephones
Cordless telephones
Cellular telephones
Answering systems
And other products or equipment of transmitting sound, images or other information by telecommunications
2 Consumer electrical and electronics:
Television sets (including LCD & LED), Refrigerator, Washing Machine, Air-conditioners
(For Schedule II and III, please go to the hyperlink given in Slide 19)
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India RoHS: Challenges and Outlook
Challenges
• Lack of clarity on how RoHS would be adopted by companies (include producers, distributors, collection centres,
refurbishers, dismantlers, recyclers, consumers, or bulk consumers) involved in the manufacture, sale, purchase and
processing of electrical and electronic equipment or components
• The real problem India faces is a thriving backyard recycling industry (informal sector). E-waste is collected by recyclers
abroad and then sold to waste traders in India
• The complexity of e-waste flows within India and inadequate record-keeping (maintenance of registry) make an
estimation of the quantities and composition of e-waste within India, making enforcement of legislation difficult
• The draft rule does not specify how it will ensure that informal recyclers reduce their operations to dismantling and
collection activities. Furthermore, the underlying incentives that can result in the informal sector being able to outbid the
formal sector remain unaddressed
• A lack of awareness of the hazards of improper e-waste disposal, at the consumer-level, collector-level or recycler-level
or disposer-level
• Inadequate monitoring and enforcement mechanisms
08.05.2012
Outlook
• Many electronic companies are willing to comply with the requirements
• It is expected that Indian companies will be more open to complying with RoHS than REACH
• The various regulations that are at various stages of enactment and implementation tries to achieve the broader
objectives similar to EU and the US regulations. Considering all the challenges mentioned above, it will be a tough task
for the government and regulatory bodies to achieve full adherence and compliance
24 India - Environment Regulation Industry Chemicals Report 2012 ©
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Overview of India CLP
08.05.2012
• India is expected to publish by mid-2012 rules governing the labelling of hazardous chemicals, in line with the UN GHS
requirements
• The draft rules were released in July, 2011 for comments from interested groups. Ministry of Environment and Forests is now
working on the final document (Rule called as Hazardous Substances (Classification, Packaging and Labelling) Rules, 2011;
draft notification dated 8th July, 2011. http://moef.nic.in/downloads/rules-and-regulations/SO523_E_new.pdf)
• India‟s approach would be to implement new rules that are entirely in agreement with the UN or partially fulfil the UN mandate
• India currently uses a combination of lists and laws to classify chemicals and govern their storage and handling
• For example, one current law is the Manufacture, Storage and Transport of Hazardous Chemical Rules of 1989 whose rules
do not conform to GHS. But efforts are to be made to radically revise these rules to avoid conflict and confusion with the new
GHS rules that would be introduced
Status of GHS Implementation in India
• Some of the salient points of India‟s new HS (CPL) rules are:
• Responsibilities in the supply chain to be prescribed
• All dangerous goods will have to have a UN number and proper shipping name according to their assigned hazard
classification and composition
• Suitable labelling and packaging will have to be used, along with updated safety data sheets
• People engaged in the handling, storage and transport of dangerous goods will have to be trained
• The consultation of the draft law has received a great deal of technical specifications, including how inflammable liquids and
mixtures of gases must be dealt with and more detailed definitions of what constitutes a toxic dose and how to determine
levels of flammability
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Overview of India CLP
Evolution
• Similar to REACH, CLP legislation also is not yet present in India as of now (Rule in the draft stage)
• Only exporters of Chemicals to EU region comply to REACH and CLP requirements
• However, agencies such as Chemexcil and REACH Support Helpdesk are assisting Indian companies to comply to these
requirements
• Moreover, these agencies are helping create awareness among the domestic industry participants to move towards these
compliance requirements
• Various activities for implementing the GHS system in India is underway
• Instead of CLP, there are a host of legislations and acts that determine the classification, labeling and packaging especially
those that deal with Chemicals. Some of these regulations are,
08.05.2012
Central motor Vehicle Rule-1989 and some relevant Statutory Provisions
• R-129 : Transportation of Hazardous Goods nature
• R-129A : Spark Arrestor Provision
• R-130 : Manner of display of class labels
• R-131 : Responsibility of Consignor for safe transportation of Hazardous Goods
• R-132 : Responsibility of Transporter & Owner for safe transportation of Hazardous Goods
• R-133 : Responsibility of Driver for safe transportation of Hazardous Goods
• R-134 : Emergency Information Panel.
• R-135 : Drivers to be instructed.
• R-136 : Report of accidents by Driver to Police Station.
• R-137 : Display of Class Labels.
27 India - Environment Regulation Industry Chemicals Report 2012 ©
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Overview of India CLP
08.05.2012
Manufacture, Storage & Import of Hazardous Chemicals -1989 (Under Environment Protection Act)
• Quantity based approach in management of Hazards
• Rules On-Site plans for installations having hazardous substances more than Threshold Quantities
• Safety Report for Bulk Storages
Legislations in India that relate to CLP
Other Legislations
• The Hazardous Wastes (Management & Handling) Rules – 1989
• Motor Vehicles Act - 1988 & Rules thereunder ( Safety in transportation of Hazardous substances)
• The petroleum and Explosive Act - 1984 & Rules ( Safety in handling of Petroleum and Petrochemical including bulk storages)
• Factories Act -1948 ( Safety In Manufacturing Activity)
• The Emergency Planning , Preparedness & Response For Chemical Accidents Rules-1995
• The Public Liability Insurance Act & Rules- 1991 ( Payment Of Compensation To The Outsiders In Respect Of Major Incidents
In Factories)
28 India - Environment Regulation Industry Chemicals Report 2012 ©
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Overview of India CLP
08.05.2012
• Schedules –1 : How to identify Toxic, Flammable , Explosive Chemicals
• Schedules –2 : List of Hazardous Chemicals
• Schedules –3 : Classification of Chemicals based on UN Numbers
Schedules Under Motor Vehicles Act – 1988
Sl.
No. Chemicals
Schedule
1
Schedule
2
Schedule
3
1
2
3
4
5
6
7
8
9
10
11
12
Toxic
Flammable
Flammable gases
Highly flammable liquids
Flammable liquids
Explosive
Corrosive
Oxidizing
Reactive
Gasses compressed
Infectious substances
Radioactive substance
Y
-
Y
Y
Y
Y
-
-
-
-
-
-
Y
Y
-
-
-
Y
Y
Y
Y
-
-
-
-
-
-
-
Y
Y
Y
Y
-
Y
Y
Y
Schedules – 3 1. Correct Technical Name
2. U N Number
3. HAZCHEM Code
4. Class Labels
5. Emergency Dial
6. Special Advice ,if any
Emergency Information Panel (EIP)
29 India - Environment Regulation Industry Chemicals Report 2012 ©
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Classification and Labelling in India
08.05.2012
CLASS-1 : EXPLOSIVES
• e.g. TNT, Symbol-Exploding bomb with orange background
Class Labels of Dangerous Goods under Motor Vehicles Act - 1988
CLASS-2.1 : FLAMMABLE GASES
• e.g. LPG, Hydrogen, Symbol-white flame with red
background
CLASS-2.2 : NON-FLAMMABLE GASES
e.g. Chlorine, Nitrogen, Symbol-black cylinder with green
background
CLASS-3 : FLAMMABLE LIQUIDS
e.g. Petrol, Symbol-white flame with red background
30 India - Environment Regulation Industry Chemicals Report 2012 ©
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Classification and Labelling in India
08.05.2012
CLASS-4 : FLAMMABLE SOLIDS
e.g. Calcium carbide, sulphur, Symbol-black flame with red &
white vertical stripes background
Class Labels of Dangerous Goods under Motor Vehicles Act - 1988
CLASS-5.1 ORGANIC PEROXIDE
e.g. Hydrogen Peroxide, Symbol-black flame above circle , yellow
background
CLASS-5.2 OXIDIZING AGENT
e.g. KMnO4
CLASS- 6 POISON (TOXIC)GAS
e.g. Chlorine, H2S, CS2; Symbol-black skull with crossbones
with white background
31 India - Environment Regulation Industry Chemicals Report 2012 ©
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Classification and Labelling in India
08.05.2012
CLASS-7:RADIOACTIVE SUBSTANCES
e.g. Uranium, Radium
Class Labels of Dangerous Goods under Motor Vehicles Act - 1988
CLASS-8 :CORROSIVE
e.g. Hydrochloric Acid, Sulphuric acid, Caustic Soda
Sl. No. Degree of
Toxicity
Oral Toxicity
LD 50 (mg/kg)
Dermal
Toxicity LD 50
(mg/kg)
Inhalation
Toxicity LC 50
(mg/l)
1 Extremely
Toxic
<5 <40 <0.5
2 Highly Toxic >5 – 50 >40 – 2000 >0.5 – 2.0
3 Toxic >50 – 200 >200 – 1000 >2 – 10
The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989
(Schedule-I), Indicative Criteria and List of Toxic Chemicals
32 India - Environment Regulation Industry Chemicals Report 2012 ©
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India CLP Snapshot
Current Way of Adherence to CLP
• Appoint an „Only representative‟ (OR) who is a European legal entity
• Provide the OR with necessary technical information to finalize the CLP notification dossier
• OR shall compile the CLP notification in the IUCLID Software
• The CLP notification dossier shall then be submitted to the ECHA through the REACH-IT system
08.05.2012 33 India - Environment Regulation Industry Chemicals Report 2012 ©
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Interview Summary
Some quotes
08.05.2012
„‟The major concerns and thrust areas of environmental pollution, at present, are hazardous waste handling, its storage and
disposal and minimisation of volatile organic compounds, besides ensuring proper operation and maintenance of pollution
control devices.
Various ministries are involved in implementation of respective Acts and Rules related to chemicals management. It is,
therefore, necessary to have more inter-ministerial commissions and coordination mechanisms.‟‟
„„Suppliers in unorganized sector have little knowledge of REACH. Unlike mass manufacturers like China, testing per
consignment for fashion garments is much more difficult and costly. India specialises in fashion garments, with lot of value
additions and embellishments. Compliance requires testing of these embellishments also.
A manufacturer supplying small lots of such products to EU will incur very high testing charges. REACH regulations will have a
long lasting implication on the Indian apparel industry.‟‟
„‟There is a recommendation to, in future, merge all related regulations for having uniform standards. India is contemplating
REACH specific to India. But so far it has not been enacted. Small and medium companies in the sector are completely
unaware of REACH and such regulations. They are also sceptical of the high costs involved, as they operate on very low
margins already‟‟
„The REACH and CLP market in China is much more matured than in India, as China is hosts a large number of European
businesses. India has seen an increase over the last few years in the awareness and sensitivity towards product related
environmental issues. ‟‟
„‟Some of the priority actions proposed for India are,
• prepare Indian chemical inventory (none exists today),
• improve co-ordination at central government level amongst ministries,
• create laboratory infrastructure,
• augment human resources‟‟ (-- Comments from industry experts)
35 India - Environment Regulation Industry Chemicals Report 2012 ©
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Conclusions & Recommendation
• Identified that the chemical sector in India requires to go a long way towards REACH and CLP regulations
• RoHS regulations have been enacted. However, full scale implementation and compliance is expected to
face stiff challenges from the industry
• Large number of small and medium companies in the sector makes data gathering difficult – one of the
key reasons why implementation of such comprehensive regulations have been difficult in India
• Some of the administrative hurdles of the regulations – many ministries such as Ministry of Commerce
and Industry, Ministry of Chemicals and Fertilizers, Ministry of Environment & Forests, Ministry of Finance
etc, deliberating on the hierarchy and decision-making authority on chemicals management in India
• India has its own set of legislations and regulations which are getting evolved. Many government agencies
such as the Pollution Control Boards (Central and state level) are enforcing many of these regulations in a
strict manner now
• It needs to be seen how the many regulations will evolve into a comprehensive legislation similar to
REACH
• It is advised to closely monitor the regulatory developments in India on continuous basis, to gain more
understanding of how the various regulations (such as REACH, RoHS etc) are enacted and implemented
08.05.2012 36 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix A – Primary Research Contacts
• Mr. J. S. Kamyotra, Member Secretary, Central Pollution Control Board (CPCB)
• Ms. Chandrima Chatterjee, Director, Economic & Consultancy, Apparel Export Promotion Council (APEC)
• Mr Vivek Gupta, Chemical Engineer, IIT Delhi
• Dr Rashmi Naidu, Director (Technical Services), REACH Support, For Sustainability Support Services (Europe) AB
• Mr. Sanjay Bansal, Director, Department of Chemicals & Petrochemicals, Ministry of Chemicals & Fertilizers,
Government of India
• Mr. Rajaram Vijayan, IIT Kharagpur, ex-Frost & Sullivan, ex-Novozymes, lifetime member of Indian Institute of
Chemical Engineers
08.05.2012 38 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix B – Industry Associations
08.05.2012
Industry Associations
• Indian Chemical Council
Sir Vithaldas Chambers, 16-Mumbai Samachar Marg,
Mumbai –400023
Phone: 91 22 22047649/ 22846852
Fax: 91 22 22048057
Website: www.icmaindia.com
• Alkali Manufacturers Association of India
3rd Floor, Pankaj Chambers,
Preet Vihar Commercial Complex,
VikasMarg,
New Delhi –110092
Phone: 91 11 22432003, 22410150, 55253401
Fax: 91 11 22468249
Website: www.ama-india.org
• Indian Specialty Chemical Manufacturers' Association
1156, Bole Smruti, Suryavanshi Kshatriya Sabhagriha Marg,
Off. Veer SavarkarMarg, Dadar(West)
Mumbai –400 028
Tel: 91 22 2446 5003
Website: www.iscma.in
39 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C – Comparison of EU RoHS and
India RoHS (Continuation from Slide No: 21) Exempti
on Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
1 Mercury in single capped (compact) fluorescent
lamps not exceeding (per burner):
1(a) For general lighting purposes
<30 W: maximum 3.5mg/burner
Expires on 31st Dec 2011
3.5 mg may be used per
burner after 31 Dec 2011
until 31 Dec 2012
2.5 mg shall be used per
burner after 31 Dec 2012
Limited to 5 mg
No Timescale specified
Expires on 31st December,
2012; 2.5mg shall be used
per burner after 31st
December, 2012
1(b) For general lighting purposes
≥30 W and <50 W: maximum 3.5mg per burner
Expires on 31st Dec 2011
3.5 mg may be used per
burner after 31 Dec 2011
until 31 Dec 2012
Limited to 5 mg
No Timescale specified
1(c) For general lighting purposes
≥50 W and <150 W: maximum 5mg
1(d) For general lighting purposes
≥150 W:maximum 15mg
1(e)
For general lighting purposes with circular or
square structural shape and tube diameter ≤
17mm : maximum 7 mg per burner
No limitation of use until
31 Dec 2011
Limited to 7 mg
No timescale specified
1(f) For special purposes: maximum 5mg
2(a)
Mercury in the double-capped linear fluorescent
lamps for general lighting purposes not
exceeding (per lamp)
08.05.2012 40 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C (Contd.)
Exempti
on Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
2(a)(1) Tri-band phosphor with normal lifetime and a tube
diameter <9 mm (e.g. T2): 5 mg
Expires on 31st Dec 2011
4 mg may be used per lamp
after 31 Dec 2011
Limited to 4 mg
No timescale specified
2(a)(2) Tri-band phosphor with normal lifetime and a tube
diameter ≥ 9 mm and ≤ 17 mm (e.g. T5)
Expires on 31st Dec 2011
4 mg may be used per lamp
after 31 Dec 2011
Limited to 3 mg
No timescale specified
2(a)(3) Tri-band phosphor with normal lifetime and a tube
diameter >17 mm and ≤ 28 mm (e.g. T8) 5 mg
Expires on 31st Dec 2011
3.5 mg may be used per lamp
after 31 Dec 2011
Limited to 3.5 mg
No timescale specified
2(a)(4) Tri-band phosphor with normal lifetime and a tube
diameter >28 mm (e.g. T12)
Expires on 31st Dec 2012
3.5 mg may be used per lamp
after 31 Dec 2011
No weight reduction to
3.5 mg specified
No timescale specified
Expires on 31st Dec,
2012: 3.5 mg/lamp
after 31st Dec, 2012
2(a)(5) Tri-band phosphor with normal lifetime and a tube
diameter ≥ 9 mm and ≤ 17 mm (e.g. T5)
Expires on 31st Dec 2011
3.5 mg may be used per lamp
after 31 Dec 2011
No weight reduction to
5 mg specified
No timescale specified
2(b) Mercury in other fluorescent lamps not exceeding
(per lamp):
2(b)(1) Linear halophosphate lamps with tube >28mm
(e.g. T10 and T12) Expires on 13 Apr 2012
No expiry date
specified
Expires on 13 April,
2012
2(b)(2) Non-Linear halophosphate lamps (all diameters)
15mg Expires on 13 Apr 2016
No expiry date
specified
Expires on 13 April,
2016
2(b)(3) Non-Linear tri-band phosphor lamps with tube
diameter >17 mm (e.g. T9)
No limitations of use until 31
Dec 2011
15 mg may be used per lamp
after 31 Dec 2011
Limited to 15 mg
No timescale specified
2(b)(4) Lamps for other general lighting and special
purposes (e.g. induction lamps)
No limitation of use until 31 Dec
2011
15 mg may be used per lamp
after 31 Dec 2011
Limited to 15 mg
No Timescale
specified
08.05.2012 41 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C (Contd.)
Exemptio
n Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
3 Mercury in cold cathode fluorescent lamps
and external electrode fluorescent lamps
(CCFL and EEFL) for special purposes not
exceeding (per lamp):
3(a) Short length (≤500mm) No limitation of use until 31 Dec 2011
3.5 mg may be used per lamp after 31
Dec 2011
Limited to 3.5 mg
No timescale
specified
3(b) Medium length (> 500 mm and ≤ 1500 mm) No limitation of use until 31 Dec 2011
5 mg may be used per lamp after 31 Dec
2011
Limited to 5 mg
No timescale
specified
3(c) Long length (>1500 mm) No limitation of use until 31 Dec 2011
13 mg may be used per lamp after 31
Dec 2011
Limited to 13 mg
No timescale
specified
4(a) Mercury in other low pressure discharge
lamps (per lamp)
No limitation of use until 31 Dec 2011
15 mg may be used per lamp after 31
Dec 2011
No weight limit
No timescale
specified
4(b) Mercury in High Pressure Sodium (vapour)
lamps in general lighting purposes not
exceeding (per burner) in lamps with
improved colour rendering index Ra>60:
4(b)-I P ≤ 155 W No limitation of use until 31 Dec 2011
30 mg may be used per burner after 31
Dec 2011
Limited to 30 mg
No timescale
specified
4(b)-II 155 W < P ≤ 405W No limitation of use until 31 Dec 2011
40 mg may be used per burner after 31
Dec 2011
Limited to 40 mg
No timescale
specified
4(b)-III P > 405 W No limitation of use until 31 Dec 2011
40 mg may be used per burner after 31
Dec 2011
Limited to 40 mg
No timescale
specified
08.05.2012 42 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C (Contd.)
Exemptio
n Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
4(c) Mercury in other High Pressure Sodium
(vapour) lamps for general lighting purposes
not exceeding (per burner):
4(c)-I P ≤ 155 W No limitation of use until 31 Dec 2011
25 mg may be used per burner after 31
Dec 2011
Limited to 25 mg
No timescale
specified
4(c)-II 155 W < P ≤ 405W
No limitation of use until 31 Dec 2011
30 mg may be used per burner after 31
Dec 2011
Limited to 30 mg
No timescale
specified
4(c)-III P > 405 W
No limitation of use until 31 Dec 2011
40 mg may be used per burner after 31
Dec 2011
Limited to 40 mg
No timescale
specified
4(d) Mercury in High Pressure Mercury (vapour)
lamps (HPMV) Expires on 12 April 2015
No timescale
specified
Expires on 13th
April, 2015
5(a) Lead in glass of cathode ray tubes
5(b) Lead in glass of fluorescent tubes not
exceeding 0.2% by weight
6(a)
Lead as an alloying element in steel for
machining purposes and in galvanized steel
containing up to 0.35% lead by weight
6(b) Lead as an alloying element in aluminium
containing up to 0.4% lead by weight
6(c) Copper alloy containing up to 4% lead by
weight
7(a)
Lead in high melting temperature type solders
(i.e. lead based alloys containing 85% by
weight or more lead
08.05.2012 43 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C (Contd.)
Exemptio
n Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
7(b)
Lead in solders for servers, storage and storage
array systems, network infrastructure equipment
for switching, signalling, transmission, and
network management for telecommunications
7(c)-I
Electrical and electronic components containing
lead in a glass or ceramic other than dielectric
ceramic in capacitors, e.g. piezoelectronic
devices, or in a glass or ceramic matrix
compound
7(c)-II Lead in electric ceramic in capacitors for a rated
voltage of 125 V AC or 250 V DC or higher
7(c)-III Lead in dielectric ceramic in capacitors for a
rated voltage of less than 125 V AC or 250 V AC
Expires on 1 Jan 2013
After that date may be used in spare
parts for EEE placed on the market
before 1 Jan 2013
No expiry date
Expires on 1st Jan,
2013, after that may
be used in spare
parts for EEE
placed on the
market before 1st
Jan, 2013
7(c)-IV
Lead in PZT based dielectric ceramic materials
for capacitors being part of integrated circuits or
discrete semi-conductors
Approved by council 16 May 2011,
not yet in force Not yet included
8(a) Cadmium and its compounds in one shot pellet
type thermal cut-offs
Expires on 1 Jan 2012
After that date may be used in spare
parts for EEE placed on the market
before 1 Jan 2012
No expiry date
Expires on 1st Jan,
2012, after that may
be used in spare
parts for EEE
placed on the
market before 1st
Jan, 2012
08.05.2012 44 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C (Contd.)
Exemptio
n Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
8(b) Cadmium and its compounds in electrical contacts
9
Hexavalent chromium as an anticorrosion agent of the carbon
steel cooling system in absorption refrigerators up to 0.75% by
weight in the cooling solution
9(b)
Lead in bearing shells and bushes for refrigerant containing
compressors for heating, ventilation, air conditioning and
refrigeration (HVACR) applications
10 Item of EU RoHS Annex no Longer Applicable
11(a) Lead used in C-press compliant pin connector systems
May be used in spare
parts for EEE placed on
the market before 24
Sept 2010
No Expiry Date
11(b) Lead used in other than C-press compliant pin connector
systems
Expires on 1 Jan 2013
After that date may be
used in spare parts for
EEE placed on the
market before 1 Jan
2013
No expiry date
No conditions for
use
12 Lead as a coating material for the thermal conduction module
C-ing
May be used in spare
parts for EEE placed on
the market before 24
Sept 2010
No conditions for
use
13(a) Lead in white glasses used for optical applications
13(b) Cadmium and lead in Filter glasses and glasses used for
reflectance standards
08.05.2012 45 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C (Contd.)
Exemptio
n Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
14
Lead in solders consisting of more than two elements for the
connection between the pins and the package of
microprocessors with a lead content of more than 80% and less
than 85% by weight
Expired on 1 Jan 2011
After that date may be
used in spare parts for
EEE placed on the
market before 1 Jan
2011
No expiry date
No conditions for
use
These may only be
used in spare parts
for EEE placed on
the market before
1st Jan, 2011
15
Lead in solders to complete a viable electrical connection
between semiconductor die and carrier within integrated circuit
flip chip packages
16 Lead in linear incandescent lamps with silicate coated tubes Expires on 1 Sept 2013 No expiry date
17 Lead halide as radiant agent in high intensity discharge (HID)
lamps used for professional reprography applications
18(a)
Lead as activator in the fluorescent powder (1% lead by weight
or less) of discharge lamps when used as speciality lamps for
diazoprinting reprography, lithography, insect traps,
photochemical and curing processes containing phosphors
such as SMS ((Sr,Ba) 2 MgSi 2 O 7:Pb)
Expired on 1 Jan 2011 No expiry date
18(b)
Lead as activator in the fluorescent powder (1% lead by weight
or less ) of discharge lamps when used as sun tanning lamps
containing phosphors such as BSP (BaSi 2 O 5:Pb)
19
Lead with PbBiSn-Hg and PblnSn-Hg in specific compositions
as main amalgam and with PbSn-Hg as auxiliary amalgam in
very compact energy saving lamps
Expired on 1 June 2011 No expiry date
20 Lead oxide in glass used for boding front and rar substrates of
flat fluorescent lamps used for Liquid Crystal Displays (LCDs) Expired on 1 June 2011 No expiry date
21 Lead and Cadmium in printing inks for the application of
enamels on glasses, such as brosilicate and soda lime glasses
08.05.2012 46 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C (Contd.)
Exemptio
n Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
22 Exemption expired in EU, not included in India
23 Lead in finishes of fine pitch components other than connectors
with a pitch of 0.65 mm and less
May be used in spare
parts of EEE placed on
the market before 24
Sept 2010
No conditions for
use
May only be used
in spare parts for
EEE placed on
the market before
24th Sep, 2010
24 Lead in solders for the soldering to machined through hole
dicoidal and planar array ceramic multilayer capacitors
25
Lead oxide in surface conduction electron emitter displays
(SED) used in structural elements, notably in the seal frit and
frit ring
26 Lead oxide in the glass envelope of black light blue lamps Expired on 1 June 2011 No expiry date
27
Lead alloys as solder for transducers used in high powered
(designated to operated for several hours at acoustic power
levels of 125 dB SPL and above) loudspeakers
Expired on 24 Sept
2011 No expiry date
28 Exemption expired in EU, not included in India
29 Lead bound in crystal glass as defined in Annex I (Categories
1,2,3 and 4) of Council Directive 69/493/EEC
No definition in India
WEEE/RoHS to
which to refer
30
Cadmium alloys as electrical/ mechanical solder joints to
electrical conductors located directly on the voice coil in
transducers used in high-powered loudspeakers with sound
pressure levels of 100dB(A) and more
31
Lead in soldering materials in mercury free flat fluorescent
lamps (which e.g. are used for liquid crystal displays, design or
industrial lighting)
08.05.2012 47 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix C (Contd.)
Exemptio
n Nr Description
Scope and dates of applicability
In Europe In India EU-RoHS Recast
32 Lead oxide in seal frit used for making window assemblies for
Argon and Krypton laser tubes
33 Lead in solders for the soldering to thin copper wires or 100µm
diameter and less in power transformers
34 Lead in cermet-based trimmer potentiometer elements
35 Cadmium in photoresistors for analogue optocouplers applied
in professional audio equipment
Old exemption expired
31 Dec 2009
Replacement
exemption proposed by
EC Feb
Not yet included
36 Mercury used as a cathode sputtering inhibitor in DC plasma
displays with a content up to 30 mg per display Expired on 1 July 2010 No expiry date
37 Lead in the plating layer of high voltage diodes on the basis of a
zinc borate glass body
38 Cadmium and cadmium oxide in thick film pastes used on
aluminium bonded beryllium oxide
39
Cadmium in colour converting II-VI LEDs (<10µg Cd per mm2
of light-emitting area) for use in solid state illumination of
display systems
Expires on 1 July 2014 No expiry date
40 Cadmium in photoresistors for analogue optocouplers applied
in professional audio equipment
Approved by Council
16 May 2011, not yet in
force, will expire on 31
Dec 2013
Not yet included
08.05.2012 48 India - Environment Regulation Industry Chemicals Report 2012 ©
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Appendix D
08.05.2012
References
• Ministry of Chemicals and Fertilizers (http://chemicals.nic.in)
• Ministry of Environment and Forests (http://moef.nic.in/index.php)
• Chemexcil (http://www.chemexcil.gov.in)
• http://www.indianchemicalportal.com/chemical-associations/
• http://chemexcil-reachhelp.com/index.php
• http://www.leatherindia.org/reach-related-services-to-members.asp
• Other relevant news and articles
49 India - Environment Regulation Industry Chemicals Report 2012 ©
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