7/4/2017 FAQs

Ministry of

Environment &
Forests Government of India

Home > Printer-friendly > Printer-friendly

FAQs
CLIMATE CHANGE

What are the key elements of Durban Decisions/Package?

At Durban, the second commitment period for developed country parties under the Kyoto Protocol was
established. Several institutional mechanisms including the Green Climate Fund, Technology mechanism, and
the Adaptation Committee which had been agreed at Cancun were operationalised at Durban. The Durban
conference also adopted the guidelines for transparency arrangements which will result in the first biennial
reports/updates of mitigation actions of developed and developing countries to be furnished in 2014 and the
IAR and ICA of such actions to take place in 2015. The Durban Conference also agreed to launch a process
under the Durban Platform to develop a protocol, another legal instrument or an agreed outcome with legal
force under the Convention by 2015 and implement it from 2020.
In what respects does India treat Durban Decisions as significant?
Durban decisions are significant because they have restored faith in the multilateral process. The decisions
have also preserved the Kyoto protocol even while discussions on the future arrangements beyond 2020 are
underway.
Did India's position change between Copenhagen / Cancun and Durban?
India's position on the negotiating issues is guided by the principles of the Convention. Even while advancing
its voluntary efforts in order to demonstrate its adherence to the objectives of the Convention, India's position
remains firmly rooted in these principles.
At Copenhagen, India had agreed to indicate the domestic mitigation goals and also to the transparency
arrangements. At Cancun, this was formalized and India went along-with the relevant decisions. At Durban, this
was further advanced through an agreement on guidelines for ICA and ICR and India agreed to it.

The new development at Durban consists of launching a process for post 2020 arrangements. While agreeing
to this process, India made it clear that the principles of equity and CBDR remained the guiding principles. Last
hours of the Durban Conference and the final language on options for the legal form agreed in Durban are
clearly indicative of the fact that India's views on the question of legal form of the outcomes prevailed.
Did India vacillate, i.e. first oppose and later agree to the Durban Platform?
India was never in favour of an outcome that would mandate legally binding emission cuts for developing
countries without clarifying the stance of developed countries on their mandatory obligations under a legally
binding regime. It was precisely for this reason that India introduced the option of 'legal outcome', which EU
supported by SIDS wanted to be dropped.

India stuck to its stand and made a counter proposal for inserting an option of 'agreed outcome with legal force'
which found acceptance by all. This ensured that vital elements of India's position including the stand on equity
and legally binding agreement were not compromised. The legal effect of "legal outcome" and "agreed outcome
with legal force" is same.
Did India accept, at Durban, legally binding cuts on its emissions before or after 2020?
At the Durban Conference, the world recognised India for its spirited defense of the interests of developing
countries. India insisted that the global regime for climate change must be based on the principles of equity and
common but differentiated responsibility. India ensured that developing countries are not bound by any
commitments to reduce their emissions and that the objectives of social and economic development and

http://envfor.nic.in/print/128 1/20
7/4/2017 FAQs

poverty eradication are not compromised in any way, whether upto 2020 or in the post 2020 arrangements that
are to be negotiated and finalized by 2015.
What would be the shape of post 2020 Arrangements for Climate Change?
The legal shape of post 2020 arrangements cannot be pre-judged. The arrangement may include a variety of
options including aspirational CoP decisions, binding CoP decisions, setting up of institutions and bodies
covering various aspects of Bali Action Plan and Cancun Agreements with differing degrees of bindingness
under the provisions of domestic and international law under the UNFCCC.
What will be the impact of the Durban decisions on Indian economy, industry and society?
For the timeframe till 2020, our domestic goal has already been announced under the Copenhagen Accord and
Cancun agreements. The goal is 20-25% reduction of emission intensity of GDP in comparison with 2005 level.
This is a voluntary goal and does not need any further revision till 2020. The goal is to be achieved through a
sustainable development strategy including promotion of energy efficiency in several sectors of industry, and
solar and other forms of renewable energy. This is to be achieved depending on the financial outlays and
technology support available from domestic and international sources. There is, therefore, no immediate impact
on economy and industry because of Durban decisions.

The Durban decisions deal basically with the nature of arrangements after 2020. As the outcomes of Durban
Platform have to be reached under the Convention and the legal form of such outcomes are yet to be
negotiated and agreed, there are no legally mandated emissions reduction obligations for Indian industry.
India's goals for post 2020 period will be decided in due course by the Central Government after consulting
various stakeholders, including the civil society and the industry.
What does India want from a legally binding agreement?
India expects a legally binding agreement to deliver on all four aspects of the Bali Action Plan in an equally
binding manner - mitigation, adaptation, finance and technology. The agreement should ensure ambitious
outcomes on all these issues and not only on mitigation.

Mitigation is, no doubt, a key concern because the obligation of both Kyoto and Non- Kyoto Parties has to be
captured in the Agreement. But, a balanced outcome must be anchored in the principles of the Convention,
particularly the principles of equity and CBDR, and should ensure that the developed country Parties provide
finance and technology to enable ambitious mitigation and adaptation actions to be taken by developing
countries.

A legally binding agreement can include a mix of CoP decisions as well as protocols. Some of the decisions
could be aspirational, while some of them could be binding. There could be protocols or other implementing
agreements that would facilitate creation of bodies and institutions that would be needed to implement the
decisions with differing degrees of binding-ness.
What did India lose and gain at Durban?
The biggest gain at Durban was the establishment of the second commitment period of developed country
parties under the Kyoto Protocol. Besides, several institutional mechanisms including the Green Climate Fund,
Technology Mechanism, and Adaptation Committee which had been agreed at Cancun were operationalised at
Durban. The Durban conference also adopted the guidelines for transparency arrangements which will result in
the first biennial reports/updates of mitigation actions of developed and developing countries to be furnished in
2014 and the IAR and ICA of such actions to take place in 2015.

India was able to ensure that emissions and economic growth of developing countries is not inhibited by any
legal constraint or limits until 2020 or thereafter. While there was no loss as such at Durban, the challenge in
future is to ensure that the principle of equity and CBDR provided under the Convention remain the bedrock of
the post 2020 arrangements.
What does legally binding agreement mean for India? Where does India stand on this matter in relation to the
decision on Durban Platform?
The Durban platform decision states that the negotiations on post 2020 arrangements should result in a
protocol or legal instrument or agreed outcome with legal force. A protocol or legal instrument refers to an
instrument or agreement that has to be ratified by the Parties. Kyoto Protocol is one such agreement. However,
agreed outcomes with legal force need not have the legal form of a protocol or a legal instrument. "Agreed
outcome with legal force" gives flexibility to the developing countries to choose an appropriate form of
outcomes that protects their interests.

For the legal form to be determined there has to be, first, an agreement on substance. Second, the agreements
can have legal force even without the legal form of a protocol or instrument. The arrangements following the
negotiations can be implemented either under the international law/agreement or under domestic and national
legal provisions.
http://envfor.nic.in/print/128 2/20
7/4/2017 FAQs

Moreover, a Legally Binding Agreement may include a mix of CoP decisions as well as protocols. Some of the
decisions could be aspirational, while some of them could be binding. There could be protocols or other
implementing agreements that would facilitate creation of bodies and institutions that would be needed to
implement the decisions with differing degrees of binding-ness. A final decision on this will depend on the
nature of the agreements reached following the negotiations. Hence the form cannot be prejudged at the start
of the negotiations, the decision on this should come towards the end of the process.
Have the developing countries acquiesced in to the demand for a single legal instrument with symmetrical
obligation?
There is no reference anywhere in the decision on Durban Platform to symmetry of obligations by the Parties,
even if the post 2020 arrangements have to apply to all Parties. This may have been the intention of some of
the parties. But, the formulation as agreed does not disclose that a single outcome will be based on symmetry
of obligations or commitments.

Since the post 2020 arrangements have to be evolved under the Convention, they will need to respect the
principles of the Convention and there will be space for differential obligations. Even the Kyoto Protocol which
is an existing legally binding agreement recognizes the difference in obligations.
The decision on Durban Platform says that the outcome will be under the Convention and applicable to all
parties. Does it mean that the principle of CBDR has been done away with in the new process?
As the Durban platform decision clearly says that the outcomes will be under the convention, both in the last
para of the preamble and para 2 of the text; the principles of equity and CBDR will continue to apply. The
Convention is built on the principles of equity and common but differentiated responsibility. Negotiation on the
post 2020 arrangements will have to respect these principles even if there is no explicit reference or repetition
of these principles in the text of the decision.
The principle of equity will become increasingly important because the arrangements will apply to all parties.
Details will be finalized during negotiations.
The agreed phrase under the Convention is the strongest possible legal language which not only encompasses
principles of 'equity' and 'CBDR' but covers also commitments of AI under Article 4.2 & 4.3 and the first priority
of NAI being social and economic development and poverty eradication under Article 4.7.
What was the roadmap in respect of Kyoto protocol agreed at Durban?
Agreement on Durban Platform is part of the mutual assurances exchanged between the Kyoto parties and the
developing countries. Some Kyoto Protocol parties, particularly the EU, wanted consent of developing countries
to a post 2020 roadmap in return for their agreeing to the second commitment period. Developing countries
including India have kept their part of the bargain in Durban. India agreed to negotiate on the post 2020
arrangements in exchange for EU agreeing to the second commitment period under the KP. India also agreed
to the transparency guidelines that were agreed in Cancun. India, thus, walked the extra mile.
Kyoto protocol parties should now fulfill their part of the bargain. They should bolster confidence in the
promises made by them in order to strengthen the multilateral process. EU must ensure that all its members
ratify the amendments to KP within the time frame agreed at Durban. The EU members must finalize their own
country-wise and ambitious targets and convert them into actual emission limits through legal amendments to
KP in Qatar in 2012. Further, they should not seek parallelism between the Durban Platform and the second
commitment period, as an after thought.
What is India's reaction to Canada opting out of Kyoto Protocol?
Even as the parties reached home from Durban, Canada announced its decision to renounce its commitments
to Kyoto targets. India is disappointed by Canada's announcement on opting out of Kyoto Protocol. Such
actions by parties damage the confidence in the effectiveness of the legally binding agreements and may even
have an adverse impact on the process of the proposed post 2020 arrangements under the Durban Platform.
What does India want in the post 2020 arrangements under Durban Platform?
Post 2020 arrangements must, inter alia, address the issues of equity, unilateral trade and technology related
IPRs sufficiently and adequately.
India would like the post 2020 arrangements to resemble Kyoto type arrangements. Under the Kyoto Protocol,
developed countries have binding emission cuts in absolute terms which have to be fulfilled at economy wide
level and there is a compliance regime for verifying and enforcing the achievement of targets. These are
matters which will be negotiated multilaterally and a suitable system will need to be agreed.

However, for developing countries, the responsibilities/obligations in a post 2020 arrangement will clearly need
to be built on the principle of equity and CBDR. Irrespective of the legal form of the final arrangements, the
developing country targets under such arrangements cannot be binding until the principle of differentiation
based on equity is defined and the conditions implicit in such definition of equity are met. The principle of equity
will need to be elaborated through negotiations.

http://envfor.nic.in/print/128 3/20
7/4/2017 FAQs

Till 2020 and beyond, the developing country targets under these arrangements will be determined on the basis
of voluntary choice and with a guarantee that there will be no punitive consequences of shortfall in these
domestic targets even if they are inscribed in an international document. There will be mutually agreed
arrangements for verification (international consultation and analysis) of the domestic goals but the objective of
such arrangements will be only to increase transparency and build confidence in mutuall actions.

It is for this reason that the post 2020 arrangements must include not only binding emission reduction
commitments for developed countries but also assurance that there will be no unilateral measures taken by any
country in the name of climate change. Besides, the post 2020 arrangements must include commitments of
developed countries in quantified and specific terms to provide financing and technology support to developing
countries. Further, the arrangements should provide for a facilitative regime that ensures access to IPRs and
transfer of climate friendly technologies. The arrangements may take the shape of a protocol or legal
instrument, provided above conditions are met.
There is no reference to the key principle of equity/CBDR in the decision ? What does it imply?
The decision on Durban Platform clearly mentions in last para of its preamble and decides in Para 2 of its text
paper that a process will be launched to develop a protocol, another legal instrument or an agreed outcome
with legal force under the Convention. This is the strongest possible indication that the principles of equity and
CBDR will be applied while designing the appropriate legal form of outcomes.

Moreover, the preamble to the decision on Durban Platform notes the decisions of CoP 17 and CMP 7 on
various issues. The CoP 17 decisions regarding the LCA matters recognize the principles of equity and CBDR
in various sections, particularly, in the sections relating to the 'shared vision' (Para 4 of LCA outcome) and
'review' (Para 160 of LCA outcome).

Moreover, the ToRs for the post 2020 arrangements are yet to be finalized. These principles will be articulated
while finalizing the arrangements, as the arrangements have to be created in accordance with the mandate of
the Convention.
What happened to India's three agenda issues?
India's three issues were a matter of intense discussion and negotiation. These issues have been brought back
to the table after having fallen off in Cancun. CoP President in her statement recognized the importance of the
issues. LCA decision on shared vision includes a decision to have a workshop on the issue of equitable access
to sustainable development in June 2012 for a report to CoP 18. Besides, SBSTA was requested by the CoP
President in her statement to the plenary to consider the matter as part of work on SBSTA agenda items and
report to CoP. Most significantly all three issues raised by India are still a part of the negotiating text (CRP 39)
of the LCA that will be negotiated till Qatar. Decisions on the issues will be taken after discussion at COP 18 in
Doha, Qatar.
Notion of equity under UNFCCC is vague. Why did India want it to be translated into decisions / treaties under
Durban Platform?
Equity is a matter of principle that is recognized in the Convention. Its actual significance lies in the fact that the
human beings have certain inalienable rights, particularly in regards to the global commons like atmosphere.
The definitions of equity can differ but the principle cannot be ignored.
Since the line of differentiation as established under the Convention may be sought to be blurred in any post
2020 arrangement that may also apply to all with varying degree of bindingness, it is important to recognize
equity appropriately in formulating this post 2020 dispensation.
Why should the fear of Small Islands Developing States of being submerged under rising sea water or being
impacted due to increased occurrence of storms not take precedence over CBDR?
The Convention already recognizes the vulnerability of specific group of countries under its Article 8. The
vulnerabilities are recognized for the purposes of adaptation. Beyond CBDR, there is no such distinction
amongst countries in terms of mitigation actions. Moreover, several SIDS countries have much larger per capita
emission and higher per capita incomes than most of the vulnerable communities in India. India has large
coastal communities, islands that are equally if not more vulnerable to climate change than the SIDS. India has
a large populace of poor whose poverty can and needs to be eradicated in the next two decades as the
foremost priority.
Was India isolated at Durban? Which were the countries which supported India and which were not supporting
India?
While there was a common approach on many issues like Technology in G77 & China, there was a basic
concordance among the BASIC countries, as evidenced by their Beijing communiqu? of November 2011 and
the conduct of negotiations at Durban. A large number of developing countries e.g. China, Indonesia, Pakistan,
Egypt, Malaysia, Nigeria, and Saudi Arabia clearly voiced their opposition to a single instrument and supported
India's stand. While SIDS and some of the LDCs spoke in favour of legally binding option, most of the LDCs
and middle income countries supported India's stand on equity. The wide support which India enjoyed for its
http://envfor.nic.in/print/128 4/20
7/4/2017 FAQs

three Agenda items, including equity from 27th November, day preceding the CoP, till 9th December, 2011
when CoP Agenda was adopted, is another indication.
Was the BASIC unity affected at Durban?
BASIC countries have a coordinated approach to climate change. Naturally, BASIC countries have different
national circumstances and development levels; yet their vision on how to address climate change and the
question of differentiation and responsibility is convergent.
Durban was notable because the BASIC countries made their first joint statement in the plenary of the Durban
conference. This made a great impact and led to positive conclusions. It was because of the BASIC unity that
all three options on the legal outcomes could be retained in the decisions on Durban Platform. BASIC countries
have held their first meeting after Durban in Delhi in February, 2012 and have reiterated their coordinated stand
on Durban decisions.
Should India drop its opposition to a legally binding treaty and push for a strong compliance procedure?
The appropriate nature of a binding agreement should be decided after the content of the arrangements are
agreed. While there is no objection to a legally binding agreement that applies to Parties in accordance with the
principles of the Convention, the matter need not be pre-judged. A prior decision on the legal form does not
help because it cannot guarantee that major developed country parties will ratify the agreement just because it
is legally binding and applies to all Parties. A compliance procedure is necessary for meeting the commitments
by developed country Parties. Experience with the existing procedures under the KP is not quite encouraging.
Article 18 of the KP providing for compliance has never been effectively put into practice. Post 2020
arrangements will need to be designed keeping this reality in view.
What are the prospects of a new environment treaty (especially with regard to compliance and consequence)?
What are the lessons learnt about effectiveness of "Soft" environment treaties - like KP?
Although KP has provisions for "compliance and consequence", in practice the implementation has been rather
unsatisfactory. The post 2020 arrangements may have similar provisions for "consequence and compliance"
but all the developed country parties need first to be willing to take comparable and binding commitments under
the new rules as currently applicable to KP Parties. Developing countries need not have a compliance regime
even though the new treaty or Arrangement could apply to all Parties. This is because the targets of developing
countries will need to continue to be voluntary and be subject to the some mechanisms like ICA which is non-
intrusive and non- punitive.
Should India agree to a legally binding agreement in order to advance its equity agenda?
By agreeing to a legally binding agreement without knowing its scope, nature and content, India and developing
countries are likely to lose much more than gain. A legally binding agreement must not only ensure ambitious
mitigation by developed countries but also have specific and realizable gains in terms of finance and
technology, assurances against unilateral actions and facilitate access to technology-related intellectual
property rights (IPRs). There are no indications available that this is going to happen in the near future.

A legally binding agreement without these assurances will lead into a trap of binding commitments where no
corresponding benefits occur either to the developing country concerned or for the global community as a
whole. This will leave the possibility open to the developed countries to renounce their commitments, when a
suitable opportunity arises, on the ground of lack of ratification of the instrument by their political authorities or
lack of ambition. The conduct of some of the developed country parties under the Convention and its Kyoto
Protocol provides a strong evidence of this possibility.

It is presumptuous to believe that India's willingness to get into a legally binding agreement will automatically
ensure an agreement on equitable arrangements for the post 2020 period. India fought hard at Durban to get
the option of 'agreed outcome with legal force' inserted in the Durban Platform document precisely in order to
secure an agreement on the principles and the substance before an agreement is reached on the form of
outcomes. An essential pre-condition for a successful legally binding agreement is for the principle of equity
and CBDR to be clearly spelt out in its structure.
Is India's Climate Change stand seen as being not positive?
India's stand on climate change is guided by the consideration of the equity and CBDR which cannot be
neglected in any arrangement. The issue is that of burden sharing. There can be no shifting of the burden of
mitigation actions in the name of climate change. India's position is that all climate actions should be taken on
the basis of equity along with CBDR.
India is a major emitter / large emitter. Why should it be treated differently from other major emitters amongst
the world?
Global warming is caused by the stock of carbon dioxide accumulated since last 100-150 years. Annual
emissions of carbon dioxide add to this stock. Hence major emitters are those nations and groups of nations
which have contributed to the stock. India's share of stock is small about 5%. A few Developed countries or
groups still have major share of the stock. India is a large country with a small carbon foot print. Its per capita
emissions are 1.5 tonns compared to over 12 tonnes per capita average in developed countries. It is not a
http://envfor.nic.in/print/128 5/20
7/4/2017 FAQs

major emitter but rather a major economy. Other developed countries that have much smaller population,
higher levels of income and living standards still continue to increase their emissions when they should actually
be reducing it. India's emissions are bound to grow because it is a developing country and it has large unmet
energy needs. Some further facts and details about emissions of India and the impact of climate change on
India may be seen at:- India's GHG emissions Profile, Economic Survey of India 2011-12, Climate Change and
India: A 4x4 Assessment
Are India's domestic actions in regard to Climate Change sufficient?
India has announced a domestic mitigation target of 20-25% emission intensity reduction by 2020 in
comparison with 2005 level. Considering the low energy intensity of our GDP, further potential for reduction is
limited. Planning Commission of India has been conducting a study of various sectors and their potential as
part of the study on low carbon or sustainable growth strategy. Under aggressive mitigation scenario, the costs
of mitigation can be quite high and there may not be financial resources available to reach these aggressive
targets. This aspect would also need be considered in any post 2020 arrangement.
India should put in place a strategy to finalise its options regarding absolute/relative emission cuts and a
peaking year.
The strategy for this purpose will be a part of the Terms of Reference (ToRs) for the post 2020 arrangements.
The question of absolute versus relative cuts and the peaking of emissions are linked to the national policy of
sustainable development.
What will be the consequences for Indian society and economy if India undertakes uncompensated actions to
mitigate greenhouse gas emissions?
Developing countries already suffer from hugely adverse effects of adaptation to climate change. India in
addition already has a sizable climate variability due to monsoons. This compels them to devote substantial
part of their GDP to meeting this challenge. All mitigation of GHG emissions, unless resulting as co-benefit from
sustainable development processes, will cast net additional economic burden on developing countries. Most
mitigation of GHG emissions in developing countries leads to diversion of resources, earmarked for
development, to meeting a global environmental problem for which such countries are not responsible.

Notably, mitigation actions taken by India will not lead to reduction in impact of climate change on India, as
climate change is caused by accumulated emissions since 1850. India has contributed very little to these
emissions, and even now emits just 4% of the global emissions with 17% of the world's population. Emissions
from any point in the world has equal effect on the global climate, and even if India were to completely reduce
its emissions to zero by going back to the stone age, it would hardly make any difference to the impacts of
climate change on India (or anywhere else).

Amongst many of the likely implications of the committed and uncompensated mitigation actions are the
following :

Withdrawal from use of coal for power generation: At present, coal accounts for c. 70% of
India's power generation. Since coal is the most intensive source of GHG emissions, and also
India's major energy resource, expansion of India's power generation will be seriously affected,
because other energy sources, e.g. hydel, wind and natural gas are much smaller than coal
resources, and expansion of nuclear power significantly will take many decades. In addition, coal
miners will become unemployed.

Price of power will increase and output will fall: Shifts from coal to other energy sources will
result in increase in power tariffs to all users, including the small and marginal farmers for
irrigation, and rural households.

Expansion of the railways network will be affected: Indian railways are mostly run by diesel
and electricity. Since power generation from coal will be affected, and because diesel use also
gives rise to GHG emissions, expansion, and even continuing operations of Indian railways will be
affected.

Production of fertilizers will decrease: Fertilizers are largely produced using petroleum, natural
gas, and electricity. Since all three sources involve emissions of GHGs, and accordingly, their use
would have to be reduced, there would be fall in fertilizer output and consequent increase in price.

http://envfor.nic.in/print/128 6/20
7/4/2017 FAQs

Prices of all goods, especially of food, will increase: Since the production of almost all goods
involves use of energy, shortage of energy will lead to increase in costs of manufacture. I
particular, food costs will increase because of reduced power and diesel for irrigation, and more
costly fertilizer.

Increase in unemployment: Reduced energy use will lead to fall in industrial and agricultural
output, and consequently, reduced employment.

Is India satisfied with the outcome on the Green Climate Fund?

India played an important role in securing an agreement on the establishment of GCF. The Transitional
Committee which designed the GCF had Dr. Y.V. Reddy, Ex - Governor, RBI, as India's nominee. India is happy
that the Fund will now become operational. However, the challenge now is to secure initial capital for its
operations from the developed countries, in a timely manner and in sufficient quantum.
Will Civil Aviation emissions and bunker fuel emissions be covered under the new arrangements?
The two sectors are not covered in the Durban decisions. India is opposed to any sectoral approach to
mitigation actions, particularly the international unilateral measures that are not based on CBDR.
What are the implications of Agriculture Sector being covered in Climate Change negotiations?
India is opposed to inclusion of mitigation actions in the agriculture sector without applying the principle of
differentiation. This will affect the livelihoods of farmers. India has excluded agriculture sector from its emission
intensity goals through voluntary and supported efforts. India will ensure that the decisions on agriculture sector
at COP 18 in Doha, Qatar are aimed at improving adaptation efforts in this sector.

ENVIRONMENT IMPACT ASSESSMENT

WHAT IS ENVIRONMENT IMPACT ASSESSMENT?

Environment Impact Assessment (EIA) is a planning tool to integrate the environmental concerns into
developmental process right at the initial stage of planning and suggest necessary mitigation measures. EIA
essentially refers to the assessment of environmental impacts likely to arise from a project.
WHO IS THE COMPETENT AUTHORITY FOR NOTIFYING THE EIA NOTIFICATION AND UNDER WHICH
ACT THE EIA NOTIFICATION IS ISSUED ALONGWITH THE PROVISIONS OF THE ACT?
The Ministry of Environment, Forests and Climate Change is the nodal Ministry for notifying the EIA Notification
under the Environment (Protection) Act, 1986. Section 3 of the Environment (Protection) Act 1986 (EPA) gives
power to the Central Government to take all measures that it deems necessary or expedient for the purpose of
protecting and improving the quality of the environment and preventing and controlling abating environmental
pollution. To meet this objective, the Central Government can restrict areas in which any industries, operations
or processes or class of industries, operations or processes shall not be carried out or shall be carried out
subject to certain safeguards [Section 3 (2)(v)]
WHEN WAS THE FIRST EIA NOTIFICATION ISSUED?
EIA Notification first time came into existence on 27th January, 1994 requiring prior environmental clearance for
29 categories of projects/processes listed there under. It was subsequently made applicable to 32 categories.
WHAT WAS THE CRITERIA ADOPTED IN THE EIA NOTIFICATION, 1994?
EIA Notification, 1994 required projects to obtain environmental clearance based on investment criteria
(originally it was Rs. 50 crores, which was enhanced to Rs. 100 crores), except for mining project, where the
lease area and nature of mineral were the criteria for applicability of the Notification.
WHAT WAS THE BASIS OF REVIEW OF EIA NOTIFICATION, 1994?
Review of EIA Notification, 1994 was undertaken based on recommendations of a project by World Bank as
well as by Govindrajan Committee on Disinvestment.
WHEN WAS THE PRESENT EIA NOTIFICATION ISSUED?
The present EIA Notification was issued on 14th September, 2006.
WHAT ARE THE DEVELOPMENTAL ACTIVITIES REQURING ENVIRONMENTAL CLEARANCE UNDER THE
EIA NOTIFICATION, 2006?
All new projects or activities listed in the Schedule to this notification; expansion and modernization of existing
projects or activities listed in the Schedule to this notification with addition of capacity beyond the limits
specified for the concerned sector, that is, projects or activities which cross the threshold limits given in the
Schedule, after expansion or modernization; any change in product mix in an existing manufacturing unit
included in Schedule beyond the specified range.
WHAT ARE THE OBJECTIVES OF EIA NOTIFICATION, 2006?

http://envfor.nic.in/print/128 7/20
7/4/2017 FAQs

The objectives of EIA Notification, 2006 inter alia include: (i) to formulate a transparent, decentralized and
efficient regulatory mechanism to integrate environmental concerns into developmental process with a view to
facilitating sustainable development. (ii) to ensure incorporation of necessary environmental safeguards at
planning stage in the project cycle, so as to ensure minimal impact on different components of environment. (iii)
to ensure involvement of stakeholders in public consultation process through public hearing and to ascertain
the views of the public on the proposed project or activity.
WHAT ARE THE SALIENT FEATURES OF EIA NOTIFICATION, 2006?
The salient features of EIA Notification, 2006 inter alia include: (i) The EIA Notification, 2006 has categorized
the projects into two categories namely; Category A and Category B based on their impact potential.

(ii) Category A projects will be appraised at the Central level while Category B project at the State level.

(iii) State level Environment Impact Assessment Authorities and Committees (SEIAAs and SEACs) have been
constituted for the purpose of appraisal of Category B projects.

(iv) The stage of scoping for prescribing terms of reference by the Regulatory Agency for the EIA studies has
been incorporated in accordance with the International practice. It is expected to improve the quality of EIA
thereby improving the quality of decision making and minimizing the delays.

(v) The public consultation process has been made more structured. It has two components i.e. comments
through correspondence and by public hearing at site. Provision to videograph the proceedings of the public
hearing has been made.

(vi) NOCs from other regulatory agencies such as SPCB etc. are not a pre-requisite for considering application
for environmental clearance.

WHAT ARE THE STAGES OF ENVIRONMENTAL CLEARANCE?

he environmental clearance process comprises of four stages, namely, Stage (1) Screening; Stage (2) Scoping;
Stage (3) Public Consultation and Stage (4) Appraisal.
WHAT IS SCREENING?
Screening refers scrutiny of category B projects seeking prior environmental clearance made in Form-1 by the
concerned State Level Expert Appraisal Committee for determining whether or not the project requires further
environmental studies for preparation of EIA for its appraisal depending upon the nature and location specificity
of the project.
WHAT IS SCOPING?

Scoping refers to the process by which the EAC in the case of Category A projects or activities, and SEAC in
the case of Category B1 projects or activities determine detailed and comprehensive TORs addressing all the
relevant environmental concerns for the preparation of EIA report.

WHAT IS PUBLIC CONSULTATION?

Public Consultation refers to the process by which the concerns of local affected persons and others who have
plausible stake in the environmental impacts of the project or activity are ascertained.

WHAT IS APPRAISAL?

Appraisal means the detailed scrutiny by the Expert Appraisal Committee or State Level Expert Appraisal
Committee of the application and other documents submitted by the applicant for grant of environmental
clearance.

WHAT IS EXPERT APPRAISAL COMMITTEE (EAC)?

The EAC is a multi disciplinary sectoral appraisal committee comprising of various subject matter experts for
appraisal of sector specific projects. The EAC is the recommendatory body. Based on the recommendations of
the Expert Appraisal Committee, environmental clearance is accorded or rejected to the project by MoEF&CC.

WHAT ARE THE TIMELINES STIPULATED IN EIA NOTIFICATION, 2006 FOR VARIOUS STAGES OF
ENVIRONMENTAL CLEARANCE?

The timelines prescribed in the Notification for various stages of EC are: 60 days specified for prescribing the
TORs; 45 days for public consultation; 60 days for appraisal; and 45 days thereafter for communicating the
http://envfor.nic.in/print/128 8/20
7/4/2017 FAQs

decision to project proponent.

HOW TO MAKE AN APPLICATION FOR SEEKING ENVIRONMENTAL CLEARANCE?

An application seeking prior environmental clearance in all cases has to be made in the prescribed Form 1 and
Form 1A(if applicable), as provided in the EIA Notification, 2006, alongwith a copy of pre-feasibility project
report. In case of construction projects or activities(item 8 of the Schedule), in addition to Form 1 and the
Supplementary Form 1A, a copy of the Conceptual Plan is to be provided in place of pre-feasibility project
report.

WHEN WAS THE SYSTEM OF ONLINE APPLICATION FOR ENVIRONMENTAL CLEARANCE HAS BEEN
INTRODUCED?

The MoEF&CC has mandated online submission of applications for Terms of Reference(TORs) and
Environment Clearance (EC) w.e.f. 1st July, 2014, with the objective to increase transparency in system and
reduce delays.

HOW WILL THE SYSTEM OF ONLINE APPLICATION HELP IN REDUCING DELAYS AND IN BRINGING
TRANSPARENCY?

In this mode of submission of application, the proponent will get registered with the Ministry and will be
provided with a unique number for further correspondence. The time period in receiving the application by post
and human interface will be avoided. The moment the application is accepted by the Ministry, the same will be
posted on the website and will be put in the public domain. In addition, for each step of environmental
clearance process, the status of project would be regularly updated and the proponent would be able see the
status of his project on line.

ARE THERE ANY GUIDELINES AVAILABLE FOR THE PROJECT PROPONENTS TO PREPARE THE
ENVIRONMENTAL IMPACT ASSESSMENT REPORT?

The sector specific manuals are guiding tools for the project proponents to prepare proper Environmental
Impact Assessment Reports addressing all the related issues. These manuals are available on the Ministrys
Website.

DO THE PROJECTS ATTRACTING BOTH EIA, AND CRZ NOTIFICATIONS NEED TO OBTAIN TWO
SEPARATE CLEARANCES?

The projects attracting both EIA Notification, 2006 and CRZ Notification, 2011, need not undergo two separate
appraisal processes and do not require two separate clearances. Such projects will require only environmental
clearance under the EIA Notification that will be considered based on the recommendations of the concerned
State Coastal Zone Management Authority.

WHAT IS THE MONITORING MECHANISM FOR ENSURING COMPLIANCE WITH ENVIRONMENT

CLEARANCE CONDITIONS?

Project Proponent is required to submit a half yearly compliance report, twice in a year i.e. 1st June and 1st
December, to MoEF/SEIAA and Regional offices of MoEF in hard and soft copies for monitoring of the project
both during construction and operation phases. The Regional Offices of the Ministry monitor the compliance of
environmental clearance conditions of various projects located in their jurisdiction.

CONTROL OF POLLUTION

What are the important Environmental Laws in the country?

Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981, Cess
Act, 1977, - Environment (Protection) Act, 1986 and Rules there under Public Liability Insurance Act, 1981,
National Environmental Tribunal Act, 1995 National Environment Appellate Authority Act, 1997

What are the different programes/ activities implemented through State Pollution Control Board?

http://envfor.nic.in/print/128 9/20
7/4/2017 FAQs

State Boards are implementing following programmes Pollution control in 17 categories of highly polluting
industries Pollution control from industries discharging waste water into rivers and lakes Inventorization of
pollution industries in the State and ensuring their compliance to the Pollution control norms Restoration of
environmental quality in critically polluted areas Monitoring of water and ambient air quality in the States
Hazardous waste Bio-medical and Management of Municipal Solid Wastes

What steps have been taken to control vehicular pollution?

Major initiatives taken to control vehicular pollution include the following Emission Standards for Tractors :
Emission norms for tractors were notified on 8.9.1999 under the Central Motor Vehicle Rules is effective from
1.10.1999. India 2000 Emission Norms akin to Euro-I Norms: Emission norms known as India 2000 akin to
Euro I norms was notified on 28.8.1997 under the Central Motor Vehicle Rules is effective from 1.4.2000 for the
entire country, required major modifications in the engine designs.

What are sources of water pollution and wastewater generation scenario?

It is estimated that 75% to 80% of water pollution by volume is caused by domestic sewage. The major
industries causing water pollution include: distilleries, sugar, textile, electroplating, pesticides, pharmaceuticals,
pulp & paper mills, tanneries, dyes and dye intermediates, petro-chemicals, steel plants etc. Non-point sources
such as fertilizer and pesticide run-offs in rural areas also cause pollution. Only 60% of chemical fertilizers are
utilized in soils and the balance is leached into soil polluting the ground water. Excess phosphate run-off leads
to eutrophication in lakes and water bodies.

How many critically polluted areas have been identified?

The Central Pollution Control Board in consultation with State Pollution Control Boards has identified 24 areas
in the country as critically polluted areas. These are: Bhadravati (Karnataka), Chembur (Maharashtra), Digboi
(Assam), Govindgarh (Punjab), Greater Cochin (Kerala), Kala-Amb (Himachal Pradesh), Parwanoo (Himachal
Pradesh), Korba (Madhya Pradesh), Manali (Tamil Nadu), North Arcot (Tamil Nadu), Pali (Rajasthan), Talcher
(Orissa), Vapi (Gujarat), Visakhapatnam (Andhra Pradesh), Dhanbad (Bihar), Durgapur (West Bengal), Howrah
(West Bengal), Jodhpur (Rajasthan), Nagda- Ratlam (Madhya Pradesh), Najafgarh Drain (Delhi), Patancheru
Bollaram (Andhra Pradesh), Singrauli (Uttar Pradesh), Ankleshwar (Gujarat), Tarapur (Maharashtra).

Is there any legal and institutional framework to check pollution in the country?

Yes Sir, India has prepared pollution abatement strategy which include the legal framework and the
Environment Authorities.

Environmental Authorities

In addition to Pollution Control Boards, 6 Environmental Authorities have been constituted under the
Environment (Protection) Act 1986, including the National Environment Appellate Authority. These are : The
Central Ground Water Authority - Aqua Culture Authority Dahanu Taluka Environment (Protection) Authority
Environment Pollution (Prevention & Control) Authority for National Capital Region of Delhi Loss of Ecology
(Prevention and Payment of Compensation) Authority for State of Tamil Nadu. National Environment Appellate
Authority,1997 .

What are the measures for control of noise pollution?

Ambient standards in respect of noise for different categories of areas (residential, commercial, industrial) and
silence zones have been notified under the Environment (Protection) Act, 1986. Noise limits have been
prescribed for automobiles, domestic appliances and construction equipment at the manufacturing stage.
Standards have been evolved and notified for the gen sets, fire crackers and coal mines. Regulatory agencies
have been directed to enforce the standards for control and regulate noise pollution.

What are the steps taken to control vehicular pollution?

The following steps are taken: Establishment of Ambient Air Quality Monitoring throughout India Notification of
Ambient Air Quality Standards under Environment (Protection) Act. Notification of vehicular emission norms for
year 1990-91,1996, 1998, 2000, 2001 Improving fuel quality by phasing out lead from gasoline, reducing diesel
sulphur, reducing gasoline benzene, and etc. Introduction of alternate fuelled vehicles like CNG/LPG.

http://envfor.nic.in/print/128 10/20
7/4/2017 FAQs

Improvement of public transport system. Phasing out of grossly polluting commercial vehicles. Public
awareness & campaigns.

What is the impact of the steps to Ambient Air Quality?

Impacts of the steps taken in Delhi: All regulatory pollutants show a decreasing trend in concentrations in Delhi.
CO decreased to 3069 ug/m3 in 2000-2001 from 5450 ug/m3 in 1998. NO2 decreased from 75 ug/m3 in 1996
to 59 ug/m3 in 2000. Lead which is harmful especially for children, decreased remarkably due to phasing out of
lead from gasoline. Another critical pollutant RSPM also shows a decreasing trend in Delhi.

What steps have been taken to control noise pollution due to fire crackers?

The Govt. of India has enacted noise standards for fire-crackers vide G.S.R.682(E), dated 5th October, 1999, in
an effort to control noise pollution due to fire crackers Recently in March 2001, Central Pollution Control Board
in association with National Physical Laboratory (NPL), Delhi initiated a study on measurement of noise levels
of fire-crackers available in the market. The study indicates that 95% of the fire-crackers samples exceed the
prescribed noise limits. Consequently, CPCB issued notice under Section 5, of the Environment (Protection)
Act, 1986 to the Department of Explosives, Nagpur, to take immediate steps to control manufacturing of fire-
crackers exceeding the prescribed limits. All the State Pollution Control Boards/Committees were also
requested to initiate steps to control sale of fire-crackers exceeding the notified limits, in consultation with their
respective local administrations.

What steps have been taken to control noise pollution due to loud-speakers?

The Govt. of India has enacted Noise Pollution (Regulation and Control) Rules, 2000 vide S.O.123(E), dated
14th February, 2000. The Rule deals with provisions to control noise pollution due to loud-speakers and public
address system, as given below : Restriction on the use of loud speakers/utility address system : A loud
speaker or a public address system shall not be used except after obtaining written permission from the
authority. A loud speaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00
p.m.) except in closed premises for communication within e.g. auditoria, conference rooms, community halls
and banquet halls.

What steps have been taken to control noise pollution from generator sets?

The Central Pollution Control Board, in association with the Indian Institute of Science, Bangalore, had
developed systems for control of noise pollution from diesel generator sets as well as from petrol/kerosene
generator sets. Based on this, the noise standards for diesel and petrol/kerosene generator sets have been
developed and notified.

What steps have been taken to control noise pollution in the country?

Ambient noise standards were notified in 1989, which formed the basis for State Pollution Control Boards to
initiate action against violating sources. The vehicular noise standards, notified in 1990, are being implemented
by Ministry of Science and Technology, to reduce traffic noise. These standards have been made more
stringent vide a notification in September 2000 and will be effective from January, 2003. Noise standards for
diesel genset were prescribed in Dec. 1998. Govt. has been pursuing with State Pollution Control Boards,
generator manufacturing and major users, for implementation of these standards. Presently these standards
are being revised (the MoEF is in the process of issuing notification) making it mandatory for all generator
manufacturers to provide acoustic enclosure at the manufacturing stage itself. This will have a major impact on
noise from DG sets. Noise standards for fire-crackers were developed in October, 1999. Central Pollution
Control Board had carried out a compliance testing of the fire crackers available in the market and also taken
up with the Department of Explosives for compliance with these standards. Noise standards for petrol and
kerosene generator sets were notified in September, 2000, and will be effective from September, 2002. The
sale of these gensets will be prohibited if not certified by the testing agencies, identified for the purpose. The
Noise Rules, 2000, regulates noise due to Public Address System/ Loud speakers and also prescribed
procedures for noise complaint handling. Central Pollution Control Board has taken up a study on aircraft noise
monitoring in Indira Gandhi International Airport, Delhi. This will be followed by development of guidelines/
standards for aircraft noise.

What are the laws enforced by of the Pollution Control Boards ?

http://envfor.nic.in/print/128 11/20
7/4/2017 FAQs

The Central and State Pollution Control Boards were set up for enforcement of the Water (Prevention & Control
of Pollution) Act, 1974. Over the years, the Boards have been assigned additional responsibilities which include
the following : Water (Prevention & Control of Pollution) Cess Act, 1977. Air (Prevention & Control of
Pollution) Act, 1981 Environment (Protection) Act, 1986 and Rules made there under Hazardous Waste
(Management & Handling) Rules1989. Manufacture, storage and Import of Hazardous Chemicals Rules, 1989
Bio-medical Waste (Management & Handling) Rules, 1998 Municipal Solid Waste (Management & Handling)
Rules, 2000. Plastics wastes Rules, 1999 o Coastal Regulation Zone Rules, 1991 Public Liability Insurance
Act, 1991

What are the specific functions of the Pollution Control Boards?

Functions of Central Pollution Control Board :

Advise the Central Government on matters relating to pollution; Coordinate the activities of the State Boards;
Provide Technical assistance to the State Boards, carry out and sponsor investigations and research relating to
control of pollution; Plan and organize training of personnel; Collect, compile and publish technical and
statistical data, prepare manuals and code of conduct. To lay down standards; To plan nation wide programme
for pollution control.

Functions of the State Pollution Control Boards:

To advise the State Government on matter relating to pollution and on siting of industries To plan programme
for pollution control; To collect and disseminate information; To carry our inspection; To lay down effluent and
emission standards; To issue consent to industries and other activities for compliance of prescribed emission
and effluent standards.

What are the 17 Categories of the major polluting industries?

Aluminium Smelter Caustic Soda Cement Copper Smelter Distilleries Dyes & Dye Intermediates Fertiliser
Integrated Iron & Steel Tanneries Pesticides Petrochemicals Drugs & Pharmaceuticals Pulp & Paper Oil
Refineries Sugar Thermal Power Plants Zinc Smelter

What actions have been taken on the 17 categories of the industries which have come into operation after 1991
i.e. the Post-91 industries ?

The inventorization of the Post-91 large and medium industries of 17 categories have been completed. A total
of 587 such industries have been identified and out of these, 561 units are presently operating. Although, it was
mandatory for these units to have been allowed only if they had the requisite pollution control facilities, there
latest compliance status is being verified.

What are the details of the programme on pollution control in the Problem Areas?

A programme for pollution control through concerted efforts in polluted areas was started in 1989. The
programme involves identification of the polluted areas, intensive surveys of these areas for identification of
polluting sources, preparation of action plans for control of these polluting sources, and implementation of the
action points by the concerned responsible agencies/industries.

Number of Problem areas identified so far and what is their status in respect of the control of pollution from the
industries existing in these areas?

24 Problem Areas have been identified for priority action in the country. Out of these 24 areas, the action plans
have been implemented in respect of 16 namely, Bhadravati, Chembur, Digboi, Gobindgarh, Greater-Cochin,
Kala-Amb, Manali, Nagda-Ratlam, North-Arcot, Pali, Parwanoo, Patancheru-Bollaram, Talcher, Vapi,
Vishakhapatnam and Ankleshwar, and are under implementation in the remaining 8, namely Dhanbad,
Durgapur, Howrah, Jodhpur, Korba, Najafgarh Drain Basin Delhi, Singrauli, and Tarapur There are total of 152
large and medium polluting industries located in these areas, out of which 17 are closed and all the remaining
134 industries have provided the requisite pollution control facilities.

http://envfor.nic.in/print/128 12/20
7/4/2017 FAQs

What are the industrial pollution programmes existing which are based on the concept of sustainable
development?

The industrial pollution control programmes which incorporate the concept of sustainable development are :
Environmental auditing and submission of the annual environmental statements by the industries Conducting of
EIA studies before establishment of new polluting industries Change over to clean technologies for example
mercury cell to membrane cells in chloralkali plants. Zoning Atlas of Siting Industries; and Eco-labeling of
environment-friendly products.

What are the incentives to the industries for pollution control ?

The steps taken by the various categories of the industries for reduction in the generation of the pollutants are
as follows: Commissioning of the stand-by power supply systems by chlor-alkali plants reduce mercury
emission due to power failures Introduction of blending system for coal homogenisation in cement plants to
ensure stable operation of the ESPs Conversion of single hood to the double hood system in copper smelters
to reduce the fugitive emissions Biomethanation of the effluents in distillerie Solar evaporation ponds in small-
scale water polluting units not having CETPs in the proximity Conversion of the open hearth furnaces (OHF) to
the basic oxygen furnaces (BOF) and introduction of the dry system (instead of wet) for the quenching of the
hot coke in iron & steel plants Commissioning of chemical recovery plants (CRPs) by pulp & paper industries;
and Change over the DCDA production method by sulphuric acid.

What are the important Environmental Laws in the country?

Water (Prevention and Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981, Cess
Act, 1977, Environment (Protection) Act, 1986 and Rules thereunder Public Liability Insurance Act, 1981,
National Environmental Tribunal Act, 1995 National Environment Appellate Authority Act, 1997

What are the projects taken up for strengthening of Pollution Control Boards with World Bank assistance.

With the assistance of the World Bank, following three environmental projects have been undertaken to
strengthen monitoring and enforcement capability of selected Pollution Control Boards/ Committees and to
perform specific studies to prevent environmental degradation. Industrial Pollution Project (IPC)- Signed in
1991 and completed in 1999; Industrial Pollution Prevention Project (IPP)- Signed in 1994 and its
implementation is in progress; Environmental Management Capacity Building Technical Assistance Project
(EMCBTA)- Signed in 1997 and its implementation is in progress.

Names of the State Pollution Control Boards/ Committees covered under the projects for strengthening.

Besides Central Pollution Control Board and its zonal offices, following 22 State Pollution Control Boards/
Pollution Control Committees have been covered under the projects. These are Andhra Pradesh, Assam, Bihar,
Delhi, Goa, Gujarat, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Maharahstra, Madhya Pradesh,
Manipur, Meghalaya, Orissa, Pondicherry, Punjab, Rajasthan, Tamil Nadu, Tripura, Uttar Pradesh and West
Bengal.

Whether SPCBs and PCCs are getting adequate financial support from State Governments and what is the
financial status?

SPCBs are getting only marginal/ nominal financial assistance from State Governments. In some of the State
Pollution Control Boards, State Governments are not providing budgetary grants. State Pollution Control
Boards are dependent on consent and authorization fee and cess reimbursements which they get out of cess
collections.

Whether Ministry provides financial assistance to State Pollution Control Boards.

Ministry of Environment and Forests (MoEF) provides financial assistance to State pollution Control Boards on
specific projects relating to prevention and control of pollution. Ministry provides financial assistance on
following programmes: Specific projects for abatement of pollution Hazardous waste management
Management of municipal solid waste Strengthening of Pollution Control Boards (for laboratory upgradation)

Whether State Pollution Control Boards/ Pollution Control Committees are following uniform rules/ procedures
for implementation of pollution control rules.

http://envfor.nic.in/print/128 13/20
7/4/2017 FAQs

State Pollution Control Boards have framed rules as per approval of State Governments. More or less,
procedure and rules followed by State Pollution Control Boards are similar.

What are the laws enforced by of the Pollution Control Boards ?

The Central and State Pollution Control Boards were set up for enforce ment of the Water (Prevention &
Control of Pollution) Act, 1974. Over the years, the Boards have been assigned additional responsibilities which
include the following : Water (Prevention & Control of Pollution) Cess Act, 1977. Air (Prevention & Control of
Pollution) Act, 1981 Environment (Protection) Act, 1986 and Rules made thereunder Hazardous Waste
(Management & Handling) Rules1989. Manufacture, storage and Import of Hazardous Chemicals Rules, 1989
Bio-medical Waste (Management & Handling) Rules, 1998 Municipal Solid Waste (Management & Handling)
Rules, 2000. Plastics wastes Rules, 1999 o Coastal Regulation Zone Rules, 1991 Public Liability Insurance
Act, 1991

What are the sources of fund for the Central and State Pollution Control Boards ?

The Central Pollution Control Board is fully funded by the Central Ministry of Environment & Forests. The State
Pollution Control Boards receive funds from the concerned State Governments and from the Central Ministry of
Environment & Forests through reimbursement of Water Cess (upto 80%) collected by the respective State
Boards. In addition, the State Boards receive fees for processing for applications from the industries for issuing
consent in regard to discharge of effluent and emissions.

What are the programmes taken up for Industrial Pollution Control ?

The programmes covering direct control of effluents/ emissions, and hazardous wastes from the industries
taken up are as follows: Industrial Pollution Control along the river Ganga, Pollution Control in 17 Categories of
major polluting industries, Industrial pollution control along the rivers and lakes, Pollution Control in Problem
Areas, and Surprise inspection of polluting industries

GENETICALLY ENGINEERED MUSTARD

What is this application related to GM Mustard?

This application relates to Environmental release of Genetically Engineered Mustard (Brassica juncea) hybrid
DMH-11 and use of parental events (Varuna bn3.6 and EH2 modbs2.99) for development of new generation
hybrids

Who is the developer of this technology?

Centre for Genetic Manipulation of Crop Plants (CGMCP), University of Delhi, South Campus, New Delhi has
developed this Barnase-Barstar technology

Was this project funded by Government of India?

Yes, this project received financial support from Department of Biotechnology (DBT) and the National Dairy
Development Board (NDDB)

What is this technology about?

Mustard flowers contain both male and female organs and the crop is pre-dominantly self-pollinating.
Therefore, a pollination control mechanism is required to disallow self-pollination and encourage cross-
pollination for hybrid seed production. For this, one of the two parental lines of a hybrid has to be made male
sterile so that it receives pollen from the other parent to set seed. Seeds harvested from the male sterile line
are hybrid seeds which can be provided to the farmers, who can reap the benefit of higher productivity of the
hybrids.

Male sterile lines can be developed by using cytoplasmic male sterility (CMS) through conventional breeding or
by genetic engineering using transgenes. A number of CMS systems have been tested in mustard. However,
CMS/ restorer systems have been found to be inadequate for large scale hybrid seed production with high
http://envfor.nic.in/print/128 14/20
7/4/2017 FAQs

purity. CMS systems are either unstable or their restoration to fertility is inadequate. A more versatile hybrid
seed production system is based on the use of transgenes barnaseandbarstar as explained below.

A novel way to developing male sterile (MS) lines through genetic engineering was developed by scientists in
Belgium in early 1990s through the use of two genes barnase and barstar from soil bacterium Bacillus
amyloliquefaciens. In nature, bacterium excretes a defense protein called Barnase (a type of ribonuclease)
which degrades the RNA of competing bacteria in an ecological niche. To protect itself from Barnase, the
bacterium produces another protein called Barstar which tightly binds with Barnase and renders it ineffective.
Bacterial genes can only express in plants if these are expressed under plant promoters. Both Barnase and
Barstar encoding genes were expressed under a tapetum specific promoter. Tapetum is a layer of cells in the
male organs called anthers present in the flower. Tapetum produces metabolites which are essential for the
development of mature pollen. In the barnasegene containing lines, the tapetum tissue ablates (dies)as a
consequence developing pollen degenerate, providing MS lines. The other parental line, called restorer of
fertility (RF) line, contains barstargene that also expresses in the tapetum cells. The MS line receives pollen
from the RF line through wind pollination or bee pollination, resulting in the production of hybrid seed that has
both the barnase and the barstar genes. When hybrids are grown by the farmer these are fully fertile. Thus the
MS/ RF system ensures that the MS line will only produce hybrid seeds by outcrossing with RF lines thereby
providing an efficient system of pollination control for production of hybrid seed. The system hereafter is
referred to as barnase-barstar system.

What are the issues of concern for the environment?

Issues of concern include the capability of the GE Plant to escape and potentially introduce the engineered
genes into wild populations; the persistence of the gene after the GE Plant has been harvested; the
susceptibility of non-target organisms (e.g. insects which are not pests) to the gene product; the stability of the
gene; the reduction in the spectrum of other plants including loss of biodiversity; and increased use of
chemicals in agriculture.

What safety studies were done for ensuring that GM Mustard is safe and were they done according to relevant
guidelines

http://envfor.nic.in/print/128 15/20
7/4/2017 FAQs

The following safety studies were done for GM Mustard and they were as per prescribed guidelines developed
by Government of India from time to time

Category Tests Done Relevant Guidelines

Recombinant DNA Safety

Guidelines, 1990

Gene sequences, constructs and molecular

characterization
Molecular Expression studies of the three inserted
characterization genes bar, barnaseand barstar
Cloning, expression, purification and
production of three expressed proteins
Guidelines for the Safety
Assessment of Foods Derived from
Genetically Engineered Plants,
2008 prepared by Indian Council of
Medical Research (ICMR), Ministry
of Health and Family Welfare,
Government of India

Equivalence of the Bar, Barnase and Barstar

recombinant proteins produced in bacteria with
that expressed in GE plants

Bioinformatics analysis of the three proteins

Guidelines for the Safety
Pepsin digestibility of the three proteins Assessment of Foods Derived from
Genetically Engineered Plants,
Food safety Heat stability of the three proteins 2008 prepared by Indian Council of
Medical Research (ICMR), Ministry
Studies Acute oral toxicity of the three proteins in of Health and Family Welfare,
mice Government of India

Sub-chronic toxicity of leaves and seeds

containing the three proteins in rats

Compositional analysis

Environmental Research & Development Phase Revised Guidelines for Research

including primary field trials 2004-2007. in Transgenic Plants, 1998 (DBT)
safety studies
BRLI trials for two growing seasons
(2010-11, 2011-12)
Guidelines for the monitoring of
BRLII trials for one growing season Confined Field Trials of Regulated,
(2014-15) Genetically Engineered (GE)
Plants, 2008 (DBT & MoEF&CC)
Weediness potential and
aggressiveness parameters

Impact on soil microflora during BRLI

and BRLII trials

Crossability and pollen flow studies

http://envfor.nic.in/print/128 16/20
7/4/2017 FAQs

Pollination behavior, pollen

morphology and physiology

Protocol for testing at a level of

Detection detection (LOD) of 0.01% Tests and Detection methods
Protocols Development of ELISA kits for Bar, developed
Barnase and Barstar

Were any Public Sector Institutions engaged in conducting safety studies related to this technology?

Yes, the following Public Sector Institutions were engaged in conducting safety studies related to this
technology

ICAR-Directorate of Rapeseed Mustard Research (DRMR), Bharatpur was engaged for conduct and
monitoring of confined field trials (CFTs) and generation of data related to environmental safety studies
ICMR-National Institute of Nutrition (NIN), Hyderabad was engaged for undertaking all food safety related
studies
CSIR-Institute of Microbial Technology (IMTECH), Chandigarh was engaged in conduct of soil micro flora
studies.

Are GM foods safe?

Different GM organisms include different genes inserted in different ways. This means that individual GM foods
and their safety should be assessed on a case-by-case basis and that it is not possible to make general
statements on the safety of all GM foods. GM foods currently available on the international market have passed
safety assessments and are not likely to present risks for human health. In addition, no effects on human health
have been shown as a result of the consumption of such foods by the general population in the countries where
they have been approved.

What kind of GM foods are on the market internationally?

GM crops available on the international market today have been designed using one of the following basic
traits: resistance to insect damage; resistance to viral infections; and tolerance towards certain herbicides. GM
crops for hybrid seed production for heterosis breeding (e.g. rapeseed/canola) and with higher nutrient content
(e.g. soybeans increased oleic acid) have been also studied recently.

Will the transgene get transferred to humans or animals when GM Food is consumed?

The transgenes would not get transferred to humans or animals through consumption of GE mustard. So far,
there is no evidence suggesting that the transgenes could be transferred to humans or animals through
consumption of GE food.

Will the introduced proteins in GE mustard have toxicity?

The regulatory agencies assessed thoroughly the dossier and evaluated critically the safety data on toxicity and
allerginicity in humans and animals and found that the introduced proteins do not have any toxicity.

Can the seeds of this GE mustard be directly consumed?

The seeds of this GE mustard are as safe for consumption as other conventionally grown mustard varieties in
India.

Will it be safe to consume leaves of this GE mustard?

This GE mustard leaves are as safe for consumption as other conventionally grown mustard varieties in India.

Will medicinal products containing mustard oil or leaf from this GE mustard hybrid be safe?

http://envfor.nic.in/print/128 17/20
7/4/2017 FAQs

Medicinal products containing mustard oil or leaf from this hybrid have been assessed to be as safe as other
conventional mustard varieties.

Will my genome structure be altered by consuming this GE mustard? or Will GE mustard make me a monster?

The introduced Barnase and Barstar proteins of the GE mustard are expressed in specific tissue (anther) and
are not found in other parts of the plant. Bar protein expressed in leaves but is rapidly degraded during cooking.
Also, the expressed proteins show rapid digestion in the human gut in the in vitro tests. Moreover there has
been more than a decade of history of safe use of these three proteins hence it can be concluded that these
proteins would not alter anyones genome after consumption of this GE mustard.

Will this GE mustard taste different?

The compositional analysis of this GE mustard shows that all the biochemical/nutritional components of GE
mustard are similar to that of conventionally grown mustard varieties (varuna and RL1359). Therefore, GE
mustard is not expected to have a change in the taste.

Will GE mustard be more pungent?

The compositional analysis of GE mustard reveal that Glucosinolates content (responsible for pungency) in this
GE mustard is similar to commercially grown variety in India (Varuna and RL1359). So, this GE mustard is not
expected to have a change in the taste.

Will the male sterility-fertility restorer technology has impact on humans?

The genes responsible for male sterility-fertility restorer technology are specific to plant cells only and have no
selectivity to human reproductive cells. Moreover, in the 90-day sub-chronic feeding studies conducted with
edible plant parts (leaf and seed) no toxic effects were observed on reproductive organs of rats.

Is this GE mustard still nutritious?

In compositional analysis, this GE mustard is found to be a substantially equivalent to commercially cultivated

mustard variety Varuna and RL1359. Hence, GE mustard would be as nutritious as the conventionally grown
varieties in India.

Is this GE mustard a high protein diet because of introduced protein?

The introduced proteins are expressed in low to negligible level in the edible parts (leaf and seed) of this GE
mustard. Hence, this GE mustard is as nutritious as other conventional varieties.

Will cattle produce more milk if this GE mustard is used as feed?

This GE mustard is as nutritious as the conventionally grown varieties in India. Therefore, it is not anticipated to
have any effect on milk production, if cattle consume this GE mustard as feed.

Will milk produced by cattle having this GE mustard in diet be different in colour and other nutritional value?

In compositional analysis, this GE mustard is found to be substantially equivalent to commercially cultivated

mustard varieties (Varuna and RL1359). Hence, this GE mustard will have same nutritional value. Therefore,
milk produced by cows after the consumption of this GE mustard, if any, will not changes in terms of colour and
nutritional value.

Will mixing of this GE mustard oil with other oil result in dietary toxicity?

Oil from this GE Mustard contained no new proteins. Therefore, this GE mustard oil is as safe as the
conventional mustard oil from the non-transgenic mustard variety.

After inhalation of this GE mustard pollen, will it have any effect on our body?

Mustard crop have been cultivated for a long time in India. Pollen characteristics of this GE mustard have been
assessed and found to have no abnormal characters as compared to conventionally grown varieties.

Will oil derived from GE mustard be safe for dermal and cosmetic use?
http://envfor.nic.in/print/128 18/20
7/4/2017 FAQs

Composition of oil from this GE mustard is similar to oil derived from conventional mustard variety and
therefore, the oil derived from this GE mustard is as safe as the oil from conventional varieties. Hence, people
allergic to traditional mustard oil should exercise similar caution to this GE mustard.

Will animals grazing on this GE mustard be safe?

The three introduced proteins (Barnase, Barstar and Bar) are expressed in very less amount in the plant and
are found to be non-toxic in the acute as well as sub-chronic toxicity studies in rats and mice. Based on the
Global reports of history of safe use and other reported scientific literature, it is assessed to be safe for animal
grazing on it.

Will the GE mustard cake be safe for animal feed?

All the three introduced proteins as well as studies using edible plant parts did not show any adverse effects.
Moreover, seed and meal from transgenic canola having same barnase-barstar system is being fed to animals
in various countries and no adverse effects have been reported so far. Thus, this GE mustard cake is assessed
as safe for feeding animals.

Will it alter beneficial gut microbial flora in human and animal?

The assessment for the effect of this GE mustard on microbial population has revealed no adverse effect on
soil microorganisms. Also, the three introduced proteins have been found to be easily digested by the simulated
gastric fluid. Therefore, based on the history of safe use of these proteins in other countries, it can be
concluded that this GE mustard would not alter gut microbial flora in human and animals.

Will expressed protein leach to water table making it toxic for consumption?

The Barnase, barstar and bar proteins are produced by naturally occurring soil microorganism. There are no
such evidence of leachates of these protein in ground water. Further, it has to be noted that these proteins are
not stable for a long period and gets degraded after release in the soil.

Whether GE mustard will cause Dropsy effect?

This GE mustard is as safe as non-GE mustard. It wont cause Dropsy or any other diseases.

Will GE mustard affect quality of nectar?

The introduced proteins are independent of the nectar production traits and therefore are not expected to
influence nectar quality and quantity.

Will the number of honey bees visiting this GE mustard fields are less as compared to non-GE mustard fields?

The honey bee studies have revealed that this GE mustard does not affect the number of honey bees visiting
GE mustard plants as compared to non-GE mustard plants.

Will GE mustard require any insecticidal sprays?

GE mustard requires no additional care for growth and cultivation as compared to any other conventional
mustard.

In what season can it be grown?

Mustard is grown as a Rabi crop in India. All the agronomic practices are same as it is in the conventional
mustard.

Whether farmers are required to use herbicides for cultivation of GE hybrid Mustard?

No herbicide is required or recommended for cultivation of GE hybrid Mustard.

What will be the additional irrigation and fertilizer requirements of this GE mustard?

GE mustard has no additional requirement of irrigation and fertilizer for growth and cultivation as compared to
any other conventional mustard.
http://envfor.nic.in/print/128 19/20
7/4/2017 FAQs

Will this GE mustard be insect resistant like Bt cotton?

This GE mustard has no insecticidal proteins, hence would behave similar to conventionally grown mustard.

Will there be any colour change in the GE mustard so that it can be identified separately?

The introduced proteins in this GE mustard has no role in colour determination, hence would be similar to
conventionally grown mustard.

Can I grow GE mustard domestically?

GE mustard has no additional requirement for growth and cultivation as compared to any other conventional
mustard. Hence, it can be grown domestically with similar cultivation practices.

Will this GE mustard hybrid produce fertile flower?

The hybrid GE mustard with Barnase-Barstar technology will lead to production of fully fertile flowers.

Will this GE mustard hybrid produce sterile seed?

The hybrid GE mustard with Barnase-Barstar technology will lead to production of fully fertile seeds in the
farmers field.

Does this GE mustard hybrid has the terminator technology?

This GE mustard hybrid is developed using Barnase-Barstar technology and do not has the terminator
technology.

Source URL: http://envfor.nic.in/faqs

http://envfor.nic.in/print/128 20/20