The obligations to submit declarations in the prescribed forms and as per laid down timelines arise from the provisions of Article VI of the Convention and the corresponding provisions of the CWC Act,
The following types of chemical industry units and other enterprises are required to file declarations under the Convention and the CWC Act viz.:-
(i) Schedule 2 facilities and Schedule 3 facilities with activities above declaration thresholds.
(ii) OCPF (Other Chemical Production Facilities) facilities which means a DOC facility or a PSF
(iii) Schedule 2 and Schedule 3 facilities with activities below declaration thresholds.
(iv) Non manufacturing exporters and/or importers of Schedule 2 and Schedule 3 chemicals.
It is essential to understand clearly the various terms that are used for the various kinds of facilities and their characteristics. The following is a short list of definitions which will enable the chemical industrial units and other enterprises to understand better their declaration obligations:-
(i) “Discrete Organic Chemical” means any chemical which is a compound of carbon except for its oxides, sulphides and metal carbonates, identifiable by chemical name, by structural formula, if known, and by Chemical Abstracts Service registry number (CAS No.), if assigned;
(ii) “PSF chemical” means an unscheduled discrete organic chemical containing the elements phosphorous or sulphur or fluorine;
Explanation for (i) and (ii):
(a) Discrete Organic Chemicals and PSF chemicals do not include oligomers and polymers whether or not containing phosphorous, sulphur or flourine.
(b) Metal carbonates mean chemicals containing only carbon and metal. (c) oxides of carbon mean carbon monoxide and carbon dioxide.
(d) sulphides of carbon mean carbon disulphide.
(iii) “Facility” means a plant site which is a Factory under the Factories Act, 1948 and which produces, processes or consumes any toxic chemical or precursor listed in Schedule 2 or which produces any schedule 3 chemical or any unscheduled discrete organic chemical or PSF chemical;
(iv) “Plant site” means the premises of the factory comprising one or more plants that are locally integrated, with any intermediate administrative levels, under one operational control, and includes common infrastructure;
(v) “Plant” means a production facility or workshop which is a relatively self contained area, structure or building in a plant site containing one or more units with auxiliary and associated infrastructure;
(vi) “Unit” means a production or process unit which is the combination of those items of equipment, including vessels and vessel set up, necessary for the production, processing or consumption of a chemical;
(vii) “Production” of a chemical means its formation through chemical reaction;
(viii) “Processing” of a chemical means a physical process such as formulation, extraction and purification, in which a chemical is not converted into another chemical;
(ix) “Consumption” of a chemical means its conversion into another chemical via a chemical reaction;
(x) “Schedule 2 Facility” means a facility that produces, processes or consumes any Schedule 2 chemical or precursors;
(xi) “Schedule 3 Facility” means a facility that produces any Schedule 3 chemical or precursor; (xii) “DOC Facility” means a facility that produces any unscheduled discrete organic chemical;
(xiii) “PSF Facility” means a DOC facility that comprises one or more plants that produce any PSF chemicals;
(xiv) “OCPF Facility” means a DOC facility or a PSF Facility;
(xv) “Schedule Facility” means a Schedule 2 or Schedule 3 facility;
(xvi) “Exporter or Importer of scheduled chemicals” means any enterprise, organization or company that exports or imports schedule 2 or schedule 3 chemicals but not a manufacturer exporter/ importer.
(xvii) “Other scheduled Facility” means a Scheduled Facility whose activities are below declaration thresholds.