ILMA Compoundings - September 2020 - 15

ITEMS

INDIA REACH

EU REACH

K-REACH

Pre-Registration

No longer possible

Yes, late pre-registration
possible

Notification

Yes

No longer possible

Registration Target

Only listed in schedule VI

New substance(>=1t/y);
Existing substance (>=1t/y)

No longer possible

Tonnage Band

1-10t, 10-100t, 100-1,000t,
1,000t+

<1t/y(for new substances
only), 1-10t, 10-100t,
100-1,000t, 1,000t+

Polymer

Not yet separately defined

Registration of monomer

Registration of polymer itself

Only Representative

Yes

Registration Deadline

Within 1-5 years from date of
inclusion in Sch.VI

Based on tonnage

The NCC, a creation of the
Ministry of Environment,
Forest and Climate Change, appears
to have a governmental backing authority to accommodate the competing priorities and practicalities that
have undermined previous efforts."
inventory), it does not begin that way. The NCC's rationale
seems to reflect a desire to avoid unnecessary market disruption that was caused in Europe and South Korea (hence
requiring a phased-in approach in both countries).
India will also now have the pre-import notification
requirement mentioned earlier. This requires a notification
of separately identified "priority" chemical substances at
least 15 days prior to importation. Other jurisdictions
impose regulations concerning similar classes of chemicals,
but this requirement of a separate notification, in addition
to the registration obligation, is unique to India under this
new law.
One significant category of substance that remains undefined is polymers. So far, there appears to be no definition

of what constitutes a polymer. There is also no provision
identifying how a polymer will be registered. EU REACH
requires the monomers to be registered, while South Korea
and the U.S. require registration of the polymer itself.
Also, there remains the question concerning availability
of "exempt" status for low-concern polymers. South Korea
requires them to be registered with substantially less
data that follows a much shorter process. The U.S. Toxic
Substances Control Act offers exemption from registration,
subject to the party claiming the exemption having data
in hand to support qualification. Europe does not allow a
designation as "low-concern polymer."
The NCC and the Ministry of Environment, Forest and
Climate Change have more work ahead. Unfortunately, the
uniqueness and uncertainties associated with the new law
serve as yet another global trade complexity that exporters
must bear in mind. India has been viewed as one of only
two remaining major jurisdictions that allowed virtually
unfettered chemical manufacturing. At some point this year,
there will likely be just one.
Eggenschwiler, an ILMA consultant, is an international
trade attorney and principal, global trade and chemical
regulations services, for the Redstone Group, a Trinity
Consultants company. He can be reached at
614-923-7472 or jeggenschwiler@redstonegrp.com.

ILMA Compoundings - September 2020

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