WHAT IS INDIA REACH ALL ABOUT?

India has recently circulated Draft – Chemical (Management and Safety) Rules, 20xx, “India- REACH” (or ICMS Rules or CMS Rules) which will replace existing Manufacture, Storage and Import of Hazardous Chemicals (MSIHC) Rules 1989 and Chemical Accidents (Emergency Planning, Preparedness, and Response) (CAEPPR) Rules 1996.

These rules are framed in exercise of the powers conferred by Sections 3, 6, and 25 of the Environment (Protection) Act, 1986 (29 of 1986).

WHO NEEDS TO COMPLY WITH INDIA REACH?

Following actors are required to comply with India REACH regulation once it enters into force:

  • ⮞ Indian Manufacturers
  • ⮞ Indian Importers
  • ⮞ Authorized Representative/AR – located in India appointed by Foreign Manufacturers

Like EU REACH regulation, Non-Indian companies can appoint an Authorized Representative in India to prepare and submit their notifications and registrations to the Indian Authority.

Authorized Representative Shall be:

  • ● An Indian national or an entity registered in India.
  • ● Sufficient background in the practical handling of substances
  • ● Minimum average net worth is often the average value of substances dealt by him during the last calendar/ financial year
  • ● Responsible to act on behalf of the foreign manufacturer to ensure compliance with the Rules
  • ● Liable for the discharge of all obligations under the rule

Summary of Obligations

Obligations Scope Timelines Submission Requirements
Notification Existing substances ≥ 1t/yr; all new substances Start a year after the Rules take effect and terminate 180 days from the commencement Substance's identity, uses, quantity, downstream users, and hazard classification, etc. As per Schedule V; and SDS
Annual Reporting All notified substances (existing substances ≥ 1t/yr; all new substances) No later than 30 days after the end of each calendar year Quantities of the substance placed on the market in the previous calendar year and any changes/additions to the information submitted in the notification
Registration Substances listed in Schedule VI ≥ 1t/yr 1.5 years from the date of its inclusion in Schedule VI (timelines based on tonnage band were deleted in this draft); A registration dossier as per Schedule VII; For ≥ 10t/yr, Chemical Safety Report as per Schedule VIII
Chemical safety assessment Priority substances > 10t/yr At the time of Notification or Registration A registration dossier as per Schedule VII; For ≥ 10t/yr, Chemical Safety Report as per Schedule VIII
Priority substances ≤ 10t/yr Exposure Scenario
Authorization for use of restricted substances Restricted substances Before using the substances for restricted applications Not specified
Update registration dossier Registered substances Within 30 days after being made aware of the changes Changed information
Import control Priority substances or hazardous substances Upon completion of the relevant notification and registration requirements, at least 15 days before import Name and address of the person receiving the consignment in India, the port of entry, mode of transport, name, and quantity of the substance, SDS, etc.

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