Declaration Scheme

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Declaration thresholds

Every Schedule 2 Facility shall file the initial and annual declarations and other declarations in the prescribed manner and in prescribed forms if it produced, processed or consumed during any of the preceding three years or is anticipated to produce, process or consume in the next calendar year more than:

(i)            one kg of a chemical designated “*” in Schedule 2, Part A; (ii)      100 kg of any other chemical listed in Schedule 2, Part A; or (iii)      1 tonne of a chemical listed in Schedule 2, Part B;

Provided that no declarations shall be required for mixtures of chemicals containing 30% or less of a chemical listed in Schedule 2, Part B (schedule 2B chemical) on a weight by weight basis.

Every Schedule 3 Facility shall file initial and annual declarations and other declarations in the prescribed manner and in prescribed forms if it produced during the previous calendar year or is anticipated to produce in the next calendar year more than 30 tonnes of a Schedule 3 chemical;

Provided that no declarations shall be required for mixtures of chemicals containing 30% or less of a

Schedule 3 chemical on weight by weight basis.

Every DOC Facility and every PSF facility shall file declarations in prescribed forms and in the prescribed manner if:

(i)                            in case of a DOC Facility it produced by synthesis during the previous year more than 200 tonnes of unscheduled discrete organic chemicals;

(ii)           in case of a PSF Facility it produced by synthesis during the previous year more than 30 tonnes of a PSF chemical.

Provided that no declarations shall be required for facilities that exclusively produced explosives or hydrocarbons (Hydrocarbons are chemicals containing only carbon and hydrogen, irrespective of the number of carbon atoms in the compound).

Note 1: Synthesis means chemical synthesis

Note 2: In calculating the approximate, aggregate production of discrete organic chemicals at a Facility the following rules should be followed:

(a)          in case of production of two or more unscheduled discrete organic chemicals, their production should be aggregated;

(b)            in the case of multi step processes, if the final product is a DOC chemical only its production should be taken into account.  Otherwise the last intermediate in the multi step process that meets the definition of an unscheduled DOC chemical should be taken into account;

(c)           when an intermediate that is a DOC chemical is used at another plant to produce a separate DOC chemical, the two amounts should be aggregated.

Explanation: Intermediate means an isolated intermediate chemical in a production process.

DECLARATIONS BY SCHEDULED FACILITIES AND OCPF FACILITIES

Every declarable Schedule 2 facility shall submit to the Department of Chemicals the initial, annual and amendment declarations in the forms and as per the timelines stipulated in the table below:

 

Type of

Declaration

Forms

Frequency

When to submit

(i)

Initial Declaration

2.0, 2.1, 2.1.1, 2.2, 2.3,

2.3.1, 2.3.2 and 2.4 (eight forms)

First time

Immediately

(ii)

Annual Declaration of its activities of the preceding year (past activities).

2.1, 2.1.1, 2.2, 2.3, 2.3.1,

2.3.2, 2.4 and 5.1 (eight forms)

Annual

On or by January 31, of the year (Example : Declaration of annual actual activities

of the calendar year 2004 shall be submitted on or by January 31, 2005)

(iii)

Annual Declaration of anticipated activities for the succeeding year

2.2, 2.3, 2.3.1, 2.3.2 and

2.5 (five forms)

Annual

On or by Sep 15 of the year (Example: Annual Declaration of anticipated activities for the year 2005 shall be submitted on or by Sep 15, 2004)

(iv)

Declaration of additionally planned activities (see NOTE below)

Concerned forms as in (iii) above. (see NOTE below)

When required

15 Days before the beginning of the additional activity.

(v)

Amendment or change in any entry of any Form

{other than (iv)

above}

Same Form superscribed “Amendment Form”

When change occurs

Immediately and not later than 30 days of the occurrence or knowledge of the change

NOTE:

“Additionally planned activity” means:

(i)            any additionally planned activity during the year which is covered by the annual anticipatory declaration that involves:

·              an undeclared plant that initiates the production, processing or consumption of a

Schedule 2 chemical during that year above the declaration thresholds: Forms 2.2 and

2.3, 2.3.1, 2.3.2 and 2.5;

·                               an additional Schedule 2 chemical that is produced, processed or consumed in a declared plant during that year: Forms 2.2, 2.3, 2.3.1, 2.3.2 and 2.5;

·                    an additional type of activity related to a Schedule 2 chemical (processing,

consumption, direct export, or sale or transfer) at the declared plant site: Forms 2.2, 2.3,

2.3.1, 2.3.2 and 2.5;

·                               any other non-quantitative change in relation to the anticipatory declarations (except the name of the plant site or plant, the name of the owner, company, or enterprise operating it, and the address of the plant site or plant): Forms 2.2, 2.3, 2.3.1, 2.3.2 and

2.5;

(ii)                           any quantitative upward change that changes the status of a declared Schedule 2 plant (thus crossing the verification threshold), Forms 2.2 and 2.5;

(iii)          any additional period in which a declarable activity in relation to a Schedule 2 chemical takes

place. Any change related to the declared period has to be declared when the starting or ending date of the declared anticipated production, processing or consumption falls outside of the declared three-month time window in the annual anticipated declaration;

(iv)                         any increase in the declared anticipated annual production, processing or consumption figure for a Schedule 2 chemical: Form 2.5.

8.             The initial declarations shall be scrutinised by the Department of Chemicals. After scrutiny and such inquiry as may be required, the Department of Chemicals shall recognize the Facility as a declarable Schedule 2 Facility. The declarable facility shall be assigned a plant site code and plant codes.

9.             Every facility recognized as a declarable Schedule 2 Facility shall continue to file annual declarations even if their activities fall below the declaration threshold limits during o ne or more years. In case of no activities in any year, the same shall be recorded in Form 2.4 and 2.5 while submitting the annual declarations.

10.           Every declarable Schedule 3 Facility shall submit to the Department of Chemicals, the initial, annual and amendment declarations in the forms and as per the timelines stipulated in the table below:

 

Type of declaration

Form

Frequency

When to submit

(i)

Initial declaration

3.0, 3.1, 3.1.1, 3.2, 3.3 and 3.4 (six forms)

First time

Immediately

(ii)

Annual declaration of its activities of the preceding year (past activities)

3.1, 3.1.1, 3.2, 3.3 and 3.4 and 5.1

(six forms)

Annual

On or by 31 January of the year

(iii)

Annual declaration of anticipated activities for the succeeding year

3.2, 3.3 and 3.4 (three forms)

Annual

On or by Sept 15 of the year

(iv)

Declaration of additionally planned activities (see NOTE below)

Concerned forms as in (iii)

above. (see NOTE below)

When required

15 Days before the beginning of the additional activity.

(v)

Amendment or change in any entry of any form

{other than (iv) above}

Same form superscribed

“Amendment Form”

When change occurs

Immediately and not later than 30 days of the occurrence or knowledge of the change

NOTE:

“Additionally planned activity” means:

(i)            any additionally planned activity during the year which is covered by the annual anticipatory declaration that involves:

·                               an undeclared plant that initiates production of a Schedule 3 chemical during that year above the declaration thresholds: Forms 3.2 and 3.3;

·               an additional Schedule 3 chemical that is produced in a declared plant during that

year Forms 3.3 and 3.4;

·                               a change of the purpose for which Schedule 3 chemical(s) will be produced at the declared plant site: Form 3.4;

·               any other non-quantitative change in relation to the anticipatory declarations (except

the name of the plant site or plant, the name of the owner, company, or enterprise operating it, and the address of the plant site or plant): Form 3.4;

(ii)                           any quantitative upward change that changes the status of a declared Schedule 3 plant (thus crossing the verification threshold), Form 3.2; and

(iii)          any upward change in the production range given in the declared anticipated annual

production of the Schedule 3 chemical: Form 3.4.

11.             The initial declarations shall be scrutinized by Department of Chemicals.  After scrutiny and such inquiry as may be required, the Department of Chemicals  shall recognize the facility as a Declarable Schedule 3 Facility and the declarable facility shall be assigned a plant site code and plant codes.

12.          Every facility recognized as a Declarable Schedule 3 Facility shall continue to file annual declarations even if their activities fall below the declaration threshold limits during one or more years. In case of no activities in any year, the same shall be recorded in Form 3.4 while submitting the annual declarations.

13.           Every declarable DOC or PSF facility (OCPF Facility) shall submit to the Department of Chemicals the initial, annual and amendment declarations in the forms and as per the timelines stipulated in the table below:

 

S. No.

 

Type of Declaration

 

Forms

 

Frequency

When to submit

 

(i)

 

Initial Declaration

 

4.0 and 4.1 (two forms)

 

First time

 

Immediately

 

 

 

(ii)

 

Annual Declaration of its activities of the preceding year (past activities)

 

 

 

4.1 (one form)

 

 

 

Annual

On or by 31 January of the year

(Example : Declaration of annual actual activities of the calendar year 2004 s hall be s ubmitted on or by January 31, 2005)

 

 

(iii)

 

Amendment or change in any entry of Form 4.0 or 4.1

Same form superscribed (Amendment form)

 

When change occurs

 

Immediately and not later than

30 days of the occurrence of the change

14.           The initial Declarations shall be scrutinized by the Department of Chemicals. After scrutiny and such inquiry as may be required, the Department of Chemicals shall recognize the facility as a Declarable OCPF Facility and the declarable facility shall be assigned a plant site code.

DECLARATIONS BY OTHER SCHEDULE 2 AND SCHEDULE 3 FACILITIES

15.          Every schedule 2 Facility that produces, processes or consumes any Schedule 2 chemical in quantities below the declaration threshold and every schedule 3 Facility that produces any schedule 3 chemical in quantities below the declaration threshold shall submit to the Department of Chemicals annual declarations in the forms and as per timeliness stipulated in the table below.

Provided that mixtures of chemicals containing 30% or less (on a weight by weight basis) of a schedule

2B or schedule 3 chemical shall not be taken into account.

Type of

Facility

 

Type of Declaration

 

Forms

 

Frequency

 

When to submit

 

 

 

Schedule 2

Facility

 

 

Initial declaration

5.0, 2.1, 2.1.1 and

5.1

(four forms)

 

 

First time

 

 

Immediately

Annual Declaration of its activities of the preceding year (past activities)

2.1, 2.1.1 and 5.1 (three forms)

 

Annual

 

On or by 31 January of the year

 

 

 

Schedule 3

Facility

 

 

Initial Declaration

5.0, 3.1, 3.1.1 and

5.1

(four forms)

 

 

First time

 

 

Immediately

Annual Declaration of its activities of the preceding year (past activities)

 

3.1, 3.1.1 and 5.1 (three forms)

 

Annual

 

On or by 31 January of the year

16.         The initial declaration shall be scrutinized by the Department of Chemicals. After scrutinizing and such enquiry as may be required, the Department of Chemicals shall recognize the facility as a Declarable Other Schedule 2 or Schedule 3 facility. The Other Schedule 2 or Schedule 3 facilities shall continue to file declaration even when there are no activities one or more years.

DECLARATIONS BY EXPORTERS AND IMPORTERS OF SCHEDULED CHEMICALS

17.                   Every Exporter or Importer of Schedule 2 or Schedule 3 chemicals who is not a manufacturer Exporter/Importer shall file with the Department of Chemicals, initial and annual declarations of exports and imports in the forms and as per the timelines stipulated in the table below:

 

 

Type of Declaration

 

Forms

 

Frequency

When to submit

 

(i)

 

Initial Declaration

 

5.0 and 5.1 (two forms)

 

First time

 

Immediately

 

 

 

 

(ii)

 

Annual Declaration of Exports and Imports of Schedule 2 or Schedule 3 chemicals of the preceding year (past activities)

 

 

 

 

5.1 (one form)

 

 

 

 

Annual

On or by 31 January of the year (Example : Annual Declaration for the exports and imports of the calendar year 2004 shall be submitted on or by 31 January,

2005)

 

 

(iii)

 

Amendment or change in any entry of Form 5.0 or 5.1

Same form superscribed “Amendment form”

 

 

When change occurs

 

Immediately and not later than

30 days of the occurrence of the change

The initial declarations shall be scrutinised by the Department of Chemicals. After scrutiny and such

inquiry as may be required, the Department of Chemicals shall recognize the enterprise as a Declarable exporter/importer of scheduled chemicals.  In case of no exports/imports during any year, the same shall be recorded in Form 5.1 while submitting annual declarations.

CONTINUITY OF OBLIGATIONS TO FILE DECLARATIONS AND MAINTENANCE OF RECORDS.

19.          Every Declarable Facility and exporter and importer of scheduled chemicals that is recognized  under this scheme shall —

(i)            maintain proper records of production, processing, consumption, use (including captive use), purchase, sale, exports and imports of the declared scheduled chemicals. It shall also maintain proper records of production and sale of the declared DOC/PSF chemicals; and

(ii)           keep the records of the last three years available for inspection for Schedule 2 facilities and for the last one year for Schedule 3 and OCPF facilities.

20.             A recognized Declarable facility or a recognized exports/ imports of    scheduled chemicals that is permanently  closed or that permanently ceases all  declarable activities may apply for derecognition and discharge from the obligations of filing declarations. Such an application may be accompanied by relevant documents relating to closure and/ or cessation of activities. The Department of Chemicals shall scrutinize such applications. After scrutiny and such enquiry, as may be required, the Department of Chemicals may de recognize and discharge such facility or enterprise from the obligation of filing declarations under this scheme. An Order to this effect shall be issued.

21.               A recognized Declarable facility or recognized Export or  Import of    scheduled chemicals  shall continue to submit declarations as required under the scheme till the date of issue of the order of derecognition and discharge.

22.                          Where to file declarations:  All declarations required to be filed under this scheme shall be submitted and addressed to

The Industrial Adviser

CWC Cell

Department of Chemicals

Government of India

Ministry of Chemicals and Fertilizers

Shastri Bhawan

New Delhi 110001

Phone:   2338 4206

Fax :       2338 6047

 

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