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 39
B. Appendix – Industry Associations 40
C. Appendix – Comparison of RoHSs 41-49
D. References 50

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 2
Finpro ry
 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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 3
Finpro ry
 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

• Highly fragmented nature of legislations could lead to legal complications

Large Foreign and Indian
for Finnish companies
Chemical 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 Medium Domestic
are expected to find resistance from industry bodies, making the Companies
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 Very Small and Small
(such as REACH, RoHS etc) are enacted and implemented Domestic Companies

Highly fragmented industry

India - Environment Regulation Industry Chemicals Report 2012 ©
08.05.2012 4
Finpro ry
India REACH
 Overview of India REACH
Indian Chemical Sector – A Background

• 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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 6
Finpro ry
 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
• 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

Matrix showing India Government’s Sector-specific Priority – Risk and Volume

High Medium Low

Oil Refinery, Bulk Drugs, Dyes &

High Pesticides
Petrochemicals Dye-intermediaries

Medium Fertilisers, Chlor-Alkali

Low Soda Ash Paints, Inks & Printing Inks

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 7
Finpro ry
 Industry Sector Perspective
Key Sectors in India: Chemical Industry

Textile/Apparel Industry: Leather 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)
•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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 8
Finpro ry
 Overview of Regulations in India
Overview of Legal Instruments in India, addressing Chemicals Management

Imports Exports

• MSIHC Rules, • Petroleum Act & Rules

• Petroleum Act & Rules • Explosives Act & Rules
• Explosives Act & Rules • Insecticides Act & Rules
• SMPV Rules • ODS (R&C) Rules
• Gas Cylinder Rules
• Insecticides Act & Rules
• Customs Act & Rules
• ODS (R&C) Rules

Production Storage Transportation

• MSIHC Rules, • MSIHC Rules, • CA (EPPR) Rules,
• CA (EPPR) Rules, • CA (EPPR) Rules, • PLI Act & Rules,
• PLI Act & Rules • PLI Act & Rules • Petroleum Act & Rules
• Explosives Act & Rules • Explosives Act & Rules • Factories Act & Rules
• SMPV Rules • SMPV Rules • Explosives Act & Rules
• Gas Cylinder Rules • Gas Cylinder Rules • Mines Act & Rules
• Factories Act & Rules • Factories Act & Rules • Insecticides Act & Rules
• Insecticides Act & Rules • Insecticides Act & Rules • Port Act & Rules
• ODS (R&C) Rules • ODS (R&C) Rules • Dock Act & Rules
• Petroleum Act & Rules • Petroleum Act & Rules • PFA Act & Rules
• ODS (R&C) Rules

Recycling Use Disposal

• ODS (R&C) Rules • EP Act & Rules

• HW (M&H) Rules • Air Act & Rules,
• Batteries Rules • Water Act & Rules,
• HW (M&H) Rules
• Batteries Rules
• Insecticides Act & Rules
India - Environment Regulation Industry Chemicals Report 2012 © • Explosives Act & Rules
08.05.2012 • ODS (R & C) Rules 9
Finpro ry
 Overview of Regulations in India
Acts and Rules related to Chemical Industry
Environmental 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.
08.05.2012
Chemical Safety and Emergency
Management
• 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
India - Environment Regulation Industry Chemicals Report 2012 ©
Finpro ry
Specific Chemical
Category/Container
• 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
Others relevant to Chemicals
Management
• 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
10
 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

Indian REACH – just like other non-EU countries

• 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

No REACH legislation, or REACH-like legislation in India domestically.

REACH compliance is only for exporters to EU region
India - Environment Regulation Industry Chemicals Report 2012 ©
08.05.2012 11
Finpro ry
 India REACH Snapshot
Comparison of REACH in Europe and India

REACH Europe India

• Been in force since June 2007 • Not enacted so far for the domestic market.
Companies exporting to Europe satisfy
Status REACH requirements through the help
desks established by trade associations

• Substances and articles require registration • Indian chemical companies, mostly small
if brought into the EU in sufficient volume. and medium companies, complain of high
Some requirements in REACH apply also costs involved in the registration, testing
to articles and other such costs for compliance
• Articles containing Substances of Very • Companies are sceptical about the capital
High Concern (SVHCs) more than 0.1 costs of the compliance as well
weight-% need to be communicated to the • Since most of the companies serve the
supply chain (REACH art.33(1)). If an domestic market, many are not keen on the
article contains more than 0,1 weight-% of compliance
the SVHC and if the total amount of the • Many large Indian companies and foreign
SVHC in articles is more than 1 tonne a companies in India have been willing to
Impact on the Industry
notification to ECHA is required (Reach undergo the compliance process
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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 12
Finpro ry
 India REACH Snapshot

Timeline for REACH and CLP Compliance

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 13
Finpro ry
 India REACH: Similarities and Difference
with EU REACH
Approach for Indian Companies for REACH Compliance

• 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

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.

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 14
Finpro ry
 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

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 - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 15
Finpro ry
 India REACH: CHEMEXCIL Initiative

• 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

• 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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 16
Finpro ry
India RoHS
 Overview of India RoHS

• 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

• 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

• 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)

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 18
Finpro ry
 India RoHS/WEEE Snapshot
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
• 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

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
Hexavalent Chromium (Cr VI) <
1000 ppm
Polybrominated Biphenyls (PBB):
1000 ppm
Polybrominated Diphenyl Ethers
(PBDE): < 1000 ppm
08.05.2012
electronic equipment, car batteries, and pigments, electroplated coatings, special solders, electric contacts, relays
and switched, PVC stabiliser etc
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
These are flame retardants found in electronic and electrical appliances. They have been found in indoor dust and
air through evaporation from plastics
These are also flame retardants found in electronic and electrical appliances. Combustion of printed wiring boards
release toxic emissions
India - Environment Regulation Industry Chemicals Report 2012 ©
19
Finpro ry
 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 May 1st, 2012 EU RoHS: February 13th, 2003

Adopted EU RoHS II (recast): July 1st, 2011

Legislation May 1st, 2012 EU RoHS: July 1st, 2006

Entered into force EU RoHS II (recast): January 2nd, 2013

Legal Producers Producers

Responsibility Consumers Distributors
Collection Centres Business end users
Dismantlers Treatment facilities for WEEE
Recyclers Exporters of WEEE

Business Size Does not apply to Micro & Small Enterprises as defined under the All sizes in the categories above
Affected Micro, Small and Medium Enterprises Act, 2006 (See Table A in
slide no: 23)

In Scope (i) IT & Telecommunications Equipment Current:

All from EU RoHS Cat 3 ‟IT & Telecoms Equipment‟, except: 1.Large household appliances
Calculators 2.Small household appliances
Printer cartridges 3.IT and telecommunications equipment
Product for collection, storage, processing presentation or 4.Consumer equipment
communicating information electronically 5.Lighting equipment, (including electric light bulbs and household
Other equipment for transmitting sound images or other info by luminaries)
telecommunications 6.Electrical and electronic tools (with the exception of large-scale
ii. Consumer electrical & electronics stationary industrial tools)
From EU RoHS Cat 1 ‟Large Household Appliances‟ 7.Toys, leisure and sports equipment
Refrigerators 10. Automatic dispensers
Washing machines Following the pending recast:
Air-con (not centralised air-con plant) 8. Medical devices (with the exception of all implanted and
From EU RoHS Cat 4 ‟Consumer Equipment‟: infected products)
Television sets (all types) 9. Monitoring and control instruments
Note: These are inclusive lists, there is no ‟anything else‟ comment. 11. Anything else not covered in categories 1-10
India - Environment Regulation Industry Chemicals Report 2012 ©
08.05.2012 20
Finpro ry
 India RoHS: Similarities and Difference with
EU RoHS (Contd…)
India RoHS EU RoHS

Out of Scope a) Batteries Currently:

b) Radio Active Waste a)Military & National Security
c) Micro & Small Enterprises as defined under the Micro, Small & b)Electricity not primary power source
Enterprises Development Act, 2006 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. A procedure exists for exemption requests which includes defined
(ii) Note: There are no time limitations for exemptions, no defined criteria that can be used for justification. Time limitations are defined
procedure for requesting exemption and no criteria that can be
used for justification

Compliance WEEE – MS individually interpret the directive, requirements vary

WEEE: Application to the State Pollution Control Board or local Pollution
Approach Control Committee considerably and include registration, membership of compliance
RoHS: The approach is unclear for RoHS but it is required to include schemes
information on RoHS substances in instruction manuals RoHS – EU-wide consistent interpretation, although there are some
areas where EU States have different interpretations. Compliance
India - Environment Regulation Industry ChemicalsbyReport
self-declaration
2012 © using documentation
08.05.2012 21
Finpro ry
 India RoHS: Similarities and Differences
with EU RoHS (Contd…)
Table A: (mentioned in ‘Business Size Affected’ Column in slide no: 21)

Business Size Business Area Investment

Manufacturing < INR 2.5 million Approx<£35K

Micro
Services < INR 1.0 million Approx <£14K
Manufacturing < INR 2.5 – 50 million Approx £35K – 700 K
Small
Services < INR 1.0 – 20 million Approx £14K – 280K
Manufacturing < INR 50 – 100 million Approx < £700K - £1.4
Medium million
Services INR 20 – 50 million Approx £280K – j£700K

(Continued in Appendix C in Slide No: 40)

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 22
Finpro ry
 India RoHS: Similarities and Differences
with EU RoHS (Contd…)
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)
India - Environment Regulation Industry Chemicals Report 2012 ©
08.05.2012 23
Finpro ry
 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

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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 24
Finpro ry
India CLP
 Overview of India CLP
Status of GHS Implementation in India
• 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

• 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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 26
Finpro ry
 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,

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.
India - Environment Regulation Industry Chemicals Report 2012 ©
08.05.2012 27
Finpro ry
 Overview of India CLP
Legislations in India that relate to CLP

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

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)

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 28
Finpro ry
 Overview of India CLP
Schedules Under Motor Vehicles Act – 1988
• Schedules –1 : How to identify Toxic, Flammable , Explosive Chemicals
• Schedules –2 : List of Hazardous Chemicals
• Schedules –3 : Classification of Chemicals based on UN Numbers

Emergency Information Panel (EIP)

Schedules – 3 1. Correct Technical Name

2. U N Number
Sl. Schedule Schedule Schedule 3. HAZCHEM Code
Chemicals
No. 1 2 3 4. Class Labels
1 Toxic Y Y - 5. Emergency Dial
2 Flammable - Y - 6. Special Advice ,if any
3 Flammable gases Y - -
4 Highly flammable liquids Y - -
5 Flammable liquids Y - Y
6 Explosive Y Y Y
7 Corrosive - Y Y
8 Oxidizing - Y Y
9 Reactive - Y -
10 Gasses compressed - - Y
11 Infectious substances - - Y
12 Radioactive substance - - Y

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 29
Finpro ry
 Classification and Labelling in India
Class Labels of Dangerous Goods under Motor Vehicles Act - 1988

CLASS-1 : EXPLOSIVES
• e.g. TNT, Symbol-Exploding bomb with orange background

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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 30
Finpro ry
 Classification and Labelling in India
Class Labels of Dangerous Goods under Motor Vehicles Act - 1988

CLASS-4 : FLAMMABLE SOLIDS

e.g. Calcium carbide, sulphur, Symbol-black flame with red &
white vertical stripes background

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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 31
Finpro ry
 Classification and Labelling in India
Class Labels of Dangerous Goods under Motor Vehicles Act - 1988

CLASS-7:RADIOACTIVE SUBSTANCES
e.g. Uranium, Radium

CLASS-8 :CORROSIVE
e.g. Hydrochloric Acid, Sulphuric acid, Caustic Soda

The Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989

(Schedule-I), Indicative Criteria and List of Toxic Chemicals
Dermal Inhalation
Degree of Oral Toxicity Toxicity LD 50 Toxicity LC 50
Sl. No.
Toxicity LD 50 (mg/kg) (mg/kg) (mg/l)

1 Extremely <5 <40 <0.5

Toxic
2 Highly Toxic >5 – 50 >40 – 2000 >0.5 – 2.0

3 Toxic >50 – 200 >200 – 1000 >2 – 10

India - Environment Regulation Industry Chemicals Report 2012 ©
08.05.2012 32
Finpro ry
 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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 33
Finpro ry
Interview Summary
Conclusions
Recommendations
 Interview Summary
Some quotes
„‟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)

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 35
Finpro ry
 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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 36
Finpro ry
Appendices
 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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 38
Finpro ry
 Appendix B – Industry Associations
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
India - Environment Regulation Industry Chemicals Report 2012 ©
08.05.2012 39
Finpro ry
 Appendix C – Comparison of EU RoHS and
India RoHS (Continuation from Slide No: 21)
Exempti Scope and dates of applicability
Description
on Nr In Europe In India EU-RoHS Recast

Mercury in single capped (compact) fluorescent

1
lamps not exceeding (per burner):

 Expires on 31st Dec 2011

 3.5 mg may be used per
For general lighting purposes burner after 31 Dec 2011
1(a)
<30 W: maximum 3.5mg/burner until 31 Dec 2012
 2.5 mg shall be used per
burner after 31 Dec 2012
 Expires on 31st December,
 Limited to 5 mg 2012; 2.5mg shall be used
 No Timescale specified per burner after 31st
December, 2012

 Expires on 31st Dec 2011

For general lighting purposes  3.5 mg may be used per  Limited to 5 mg
1(b)
≥30 W and <50 W: maximum 3.5mg per burner burner after 31 Dec 2011  No Timescale specified
until 31 Dec 2012

For general lighting purposes

1(c)
≥50 W and <150 W: maximum 5mg
For general lighting purposes
1(d)
≥150 W:maximum 15mg
For general lighting purposes with circular or
 No limitation of use until  Limited to 7 mg
1(e) square structural shape and tube diameter ≤
31 Dec 2011  No timescale specified
17mm : maximum 7 mg per burner
1(f) For special purposes: maximum 5mg
Mercury in the double-capped linear fluorescent
2(a) lamps for general lighting purposes not
exceeding (per lamp)

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 40
Finpro ry
 Appendix C (Contd.)
Exempti Scope and dates of applicability
Description
on Nr In Europe In India EU-RoHS Recast
 Expires on 31st Dec 2011
Tri-band phosphor with normal lifetime and a tube  Limited to 4 mg
2(a)(1)  4 mg may be used per lamp
diameter <9 mm (e.g. T2): 5 mg  No timescale specified
after 31 Dec 2011
 Expires on 31st Dec 2011
Tri-band phosphor with normal lifetime and a tube  Limited to 3 mg
2(a)(2)  4 mg may be used per lamp
diameter ≥ 9 mm and ≤ 17 mm (e.g. T5)  No timescale specified
after 31 Dec 2011
 Expires on 31st Dec 2011
Tri-band phosphor with normal lifetime and a tube  Limited to 3.5 mg
2(a)(3)  3.5 mg may be used per lamp
diameter >17 mm and ≤ 28 mm (e.g. T8) 5 mg  No timescale specified
after 31 Dec 2011
 Expires on 31st Dec 2012  No weight reduction to  Expires on 31st Dec,
Tri-band phosphor with normal lifetime and a tube
2(a)(4)  3.5 mg may be used per lamp 3.5 mg specified 2012: 3.5 mg/lamp
diameter >28 mm (e.g. T12)
after 31 Dec 2011  No timescale specified after 31st Dec, 2012
 Expires on 31st Dec 2011  No weight reduction to
Tri-band phosphor with normal lifetime and a tube
2(a)(5)  3.5 mg may be used per lamp 5 mg specified
diameter ≥ 9 mm and ≤ 17 mm (e.g. T5)
after 31 Dec 2011  No timescale specified
Mercury in other fluorescent lamps not exceeding
2(b)
(per lamp):
Linear halophosphate lamps with tube >28mm  No expiry date  Expires on 13 April,
2(b)(1)  Expires on 13 Apr 2012
(e.g. T10 and T12) specified 2012
Non-Linear halophosphate lamps (all diameters)  No expiry date  Expires on 13 April,
2(b)(2)  Expires on 13 Apr 2016
15mg specified 2016
 No limitations of use until 31
Non-Linear tri-band phosphor lamps with tube Dec 2011  Limited to 15 mg
2(b)(3)
diameter >17 mm (e.g. T9)  15 mg may be used per lamp  No timescale specified
after 31 Dec 2011
 No limitation of use until 31 Dec
 Limited to 15 mg
Lamps for other general lighting and special 2011
2(b)(4)  No Timescale
purposes (e.g. induction lamps)  15 mg may be used per lamp
India - Environment Regulation Industry specified
08.05.2012 after 31 Dec 2011 Chemicals Report 2012 © 41
Finpro ry
 Appendix C (Contd.)
Exemptio Scope and dates of applicability
Description
n Nr 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  Limited to 3.5 mg
 3.5 mg may be used per lamp after 31  No timescale
Dec 2011 specified
3(b) Medium length (> 500 mm and ≤ 1500 mm)  No limitation of use until 31 Dec 2011  Limited to 5 mg
 5 mg may be used per lamp after 31 Dec  No timescale
2011 specified
3(c) Long length (>1500 mm)  No limitation of use until 31 Dec 2011  Limited to 13 mg
 13 mg may be used per lamp after 31  No timescale
Dec 2011 specified
4(a) Mercury in other low pressure discharge  No limitation of use until 31 Dec 2011  No weight limit
lamps (per lamp)  15 mg may be used per lamp after 31  No timescale
Dec 2011 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  Limited to 30 mg
 30 mg may be used per burner after 31  No timescale
Dec 2011 specified
4(b)-II 155 W < P ≤ 405W  No limitation of use until 31 Dec 2011  Limited to 40 mg
 40 mg may be used per burner after 31  No timescale
Dec 2011 specified
4(b)-III P > 405 W  No limitation of use until 31 Dec 2011  Limited to 40 mg
 40 mg may be used per burner after 31  No timescale
India - Environment Regulation
Dec 2011 Industry Chemicals Report 2012 ©
specified
08.05.2012 42
Finpro ry
 Appendix C (Contd.)
Exemptio Scope and dates of applicability
Description
n Nr 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  Limited to 25 mg
 25 mg may be used per burner after 31  No timescale
Dec 2011 specified
 No limitation of use until 31 Dec 2011  Limited to 30 mg
4(c)-II 155 W < P ≤ 405W  30 mg may be used per burner after 31  No timescale
Dec 2011 specified
 No limitation of use until 31 Dec 2011  Limited to 40 mg
4(c)-III P > 405 W  40 mg may be used per burner after 31  No timescale
Dec 2011 specified
Mercury in High Pressure Mercury (vapour)  No timescale  Expires on 13th
4(d)  Expires on 12 April 2015
lamps (HPMV) specified April, 2015
5(a) Lead in glass of cathode ray tubes
Lead in glass of fluorescent tubes not
5(b)
exceeding 0.2% by weight
Lead as an alloying element in steel for
6(a) machining purposes and in galvanized steel
containing up to 0.35% lead by weight
Lead as an alloying element in aluminium
6(b)
containing up to 0.4% lead by weight
Copper alloy containing up to 4% lead by
6(c)
weight
Lead in high melting temperature type solders
7(a) (i.e. lead based alloys containing 85% by
weight or more lead

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 43
Finpro ry
 Appendix C (Contd.)
Exemptio Scope and dates of applicability
Description
n Nr In Europe In India EU-RoHS Recast
Lead in solders for servers, storage and storage
array systems, network infrastructure equipment
7(b)
for switching, signalling, transmission, and
network management for telecommunications
Electrical and electronic components containing
lead in a glass or ceramic other than dielectric
7(c)-I ceramic in capacitors, e.g. piezoelectronic
devices, or in a glass or ceramic matrix
compound
Lead in electric ceramic in capacitors for a rated
7(c)-II
voltage of 125 V AC or 250 V DC or higher
 Expires on 1st Jan,
2013, after that may
 Expires on 1 Jan 2013
be used in spare
Lead in dielectric ceramic in capacitors for a  After that date may be used in spare
7(c)-III  No expiry date parts for EEE
rated voltage of less than 125 V AC or 250 V AC parts for EEE placed on the market
placed on the
before 1 Jan 2013
market before 1st
Jan, 2013
Lead in PZT based dielectric ceramic materials
 Approved by council 16 May 2011,
7(c)-IV for capacitors being part of integrated circuits or  Not yet included
not yet in force
discrete semi-conductors
 Expires on 1st Jan,
2012, after that may
 Expires on 1 Jan 2012 be used in spare
Cadmium and its compounds in one shot pellet  After that date may be used in spare parts for EEE
8(a)  No expiry date
type thermal cut-offs parts for EEE placed on the market placed on the
before 1 Jan 2012 market before 1st
Jan, 2012
India - Environment Regulation Industry Chemicals Report 2012 ©
08.05.2012 44
Finpro ry
 Appendix C (Contd.)
Exemptio Scope and dates of applicability
Description
n Nr In Europe In India EU-RoHS Recast
8(b) Cadmium and its compounds in electrical contacts
Hexavalent chromium as an anticorrosion agent of the carbon
9 steel cooling system in absorption refrigerators up to 0.75% by
weight in the cooling solution
Lead in bearing shells and bushes for refrigerant containing
9(b) compressors for heating, ventilation, air conditioning and
refrigeration (HVACR) applications
10 Item of EU RoHS Annex no Longer Applicable
 May be used in spare
parts for EEE placed on
11(a) Lead used in C-press compliant pin connector systems  No Expiry Date
the market before 24
Sept 2010
 Expires on 1 Jan 2013
 After that date may be
 No expiry date
Lead used in other than C-press compliant pin connector used in spare parts for
11(b)  No conditions for
systems EEE placed on the
use
market before 1 Jan
2013
 May be used in spare
Lead as a coating material for the thermal conduction module parts for EEE placed on  No conditions for
12
C-ing the market before 24 use
Sept 2010
13(a) Lead in white glasses used for optical applications
Cadmium and lead in Filter glasses and glasses used for
13(b)
reflectance standards

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 45
Finpro ry
 Appendix C (Contd.)
Exemptio Scope and dates of applicability
Description
n Nr In Europe In India EU-RoHS Recast
 Expired on 1 Jan 2011
 These may only be
Lead in solders consisting of more than two elements for the  After that date may be
 No expiry date used in spare parts
connection between the pins and the package of used in spare parts for
14  No conditions for for EEE placed on
microprocessors with a lead content of more than 80% and less EEE placed on the
use the market before
than 85% by weight market before 1 Jan
1st Jan, 2011
2011
Lead in solders to complete a viable electrical connection
15 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
Lead halide as radiant agent in high intensity discharge (HID)
17
lamps used for professional reprography applications
Lead as activator in the fluorescent powder (1% lead by weight
or less) of discharge lamps when used as speciality lamps for
18(a) diazoprinting reprography, lithography, insect traps,  Expired on 1 Jan 2011  No expiry date
photochemical and curing processes containing phosphors
such as SMS ((Sr,Ba) 2 MgSi 2 O 7:Pb)
Lead as activator in the fluorescent powder (1% lead by weight
18(b) or less ) of discharge lamps when used as sun tanning lamps
containing phosphors such as BSP (BaSi 2 O 5:Pb)
Lead with PbBiSn-Hg and PblnSn-Hg in specific compositions
19 as main amalgam and with PbSn-Hg as auxiliary amalgam in  Expired on 1 June 2011  No expiry date
very compact energy saving lamps
Lead oxide in glass used for boding front and rar substrates of
20  Expired on 1 June 2011  No expiry date
flat fluorescent lamps used for Liquid Crystal Displays (LCDs)
Lead and Cadmium in printing inks for the application of
21
enamels on glasses, such as brosilicate and soda lime glasses

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 46
Finpro ry
 Appendix C (Contd.)
Exemptio Scope and dates of applicability
Description
n Nr In Europe In India EU-RoHS Recast
22 Exemption expired in EU, not included in India
 May only be used
 May be used in spare
in spare parts for
Lead in finishes of fine pitch components other than connectors parts of EEE placed on  No conditions for
23 EEE placed on
with a pitch of 0.65 mm and less the market before 24 use
Sept 2010
the market before
24th Sep, 2010
Lead in solders for the soldering to machined through hole
24
dicoidal and planar array ceramic multilayer capacitors
Lead oxide in surface conduction electron emitter displays
25 (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
Lead alloys as solder for transducers used in high powered
 Expired on 24 Sept
27 (designated to operated for several hours at acoustic power  No expiry date
2011
levels of 125 dB SPL and above) loudspeakers
28 Exemption expired in EU, not included in India
 No definition in India
Lead bound in crystal glass as defined in Annex I (Categories
29 WEEE/RoHS to
1,2,3 and 4) of Council Directive 69/493/EEC
which to refer
Cadmium alloys as electrical/ mechanical solder joints to
electrical conductors located directly on the voice coil in
30
transducers used in high-powered loudspeakers with sound
pressure levels of 100dB(A) and more
Lead in soldering materials in mercury free flat fluorescent
31 lamps (which e.g. are used for liquid crystal displays, design or
industrial lighting)

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 47
Finpro ry
 Appendix C (Contd.)
Exemptio Scope and dates of applicability
Description
n Nr In Europe In India EU-RoHS Recast
Lead oxide in seal frit used for making window assemblies for
32
Argon and Krypton laser tubes
Lead in solders for the soldering to thin copper wires or 100µm
33
diameter and less in power transformers
34 Lead in cermet-based trimmer potentiometer elements
 Old exemption expired
31 Dec 2009
Cadmium in photoresistors for analogue optocouplers applied
35  Replacement  Not yet included
in professional audio equipment
exemption proposed by
EC Feb
Mercury used as a cathode sputtering inhibitor in DC plasma
36  Expired on 1 July 2010  No expiry date
displays with a content up to 30 mg per display
Lead in the plating layer of high voltage diodes on the basis of a
37
zinc borate glass body
Cadmium and cadmium oxide in thick film pastes used on
38
aluminium bonded beryllium oxide
Cadmium in colour converting II-VI LEDs (<10µg Cd per mm2
39 of light-emitting area) for use in solid state illumination of  Expires on 1 July 2014  No expiry date
display systems
 Approved by Council
Cadmium in photoresistors for analogue optocouplers applied 16 May 2011, not yet in
40  Not yet included
in professional audio equipment force, will expire on 31
Dec 2013

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 48
Finpro ry
 Appendix D

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

India - Environment Regulation Industry Chemicals Report 2012 ©

08.05.2012 49
Finpro ry
For more details and further questions, please contact:

the study team members in Finpro India offices