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Standards & Technical Measures : TBT Agreement: India’s Perspective Parminder Bajaj Head (International Relations & Technical Information Services Department)

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Presentation on theme: "Standards & Technical Measures : TBT Agreement: India’s Perspective Parminder Bajaj Head (International Relations & Technical Information Services Department)"— Presentation transcript:

1 Standards & Technical Measures : TBT Agreement: India’s Perspective Parminder Bajaj Head (International Relations & Technical Information Services Department) Bureau of Indian Standards

2 Objectives of WTO To ensure  Free, more transparent and more predictable trade  Confidence in International Trade amongst the WTO member countries

3 Technical Barriers to Trade WTO Agreements  Rules for international trade being written through various WTO Agreements  Rules pertaining to Standards, Regulations and Conformity Assessment for Trade in Goods are laid down in Agreement on Sanitary and Phyto Sanitary Measures (SPS) Agreement on Technical Barriers to Trade (TBT)

4 TBT AGREEMENT  Applies to all products incl industrial and agricultural products  Voluntary standards & Technical regulations (mandatory stds)-notification to all members  Code of good practice for standards development  Product requirements in terms of performance rather than design or descriptive characteristics  Technical regulations of local governments below central govt to be similarly notified

5 SPS AGREEMENT  Allows members to set standards for safety of human, animal & plant health-scientific basis, apply to extent necessary  Harmonization with Codex Alimentarius Commission-higher stds based on risk assessment-risk of spread of pest/disease,  Equivalence-allows use of different stds & different inspection methods for same level of protection

6 What measures are subject to TBT provisions? Technical Regulation Standard Mandatory Measures Voluntary Measures Conformity Assessment Procedure

7 Main Disciplines of the TBT Agreement Harmonization Avoidance of unnecessary obstacles to trade Avoidance of unnecessary obstacles to trade Non - Discrimination

8 Art. 2.1,5.1.1 Non-Discrimination Originating Of national origin National Treatment From any other country Most-Favoured Nation (MFN) Conditions no Less Favourable to Access of Suppliers of Like Products Conditions no Less Favourable to Access of Suppliers of Like Products

9 Avoid unnecessary obstacles to trade Standards/ Regulations/CAPs Must not be prepared, adopted or applied so as to Create unnecessary obstacles to international trade Art. 2.2,5.1.2

10 The Harmonization Principle 2 key requirements Shall play a full part in the preparation by appropriate international standardizing bodies of guides and recommendations for Standards/ Regulations/CAPs Relevant guides or recommendations issued by international standardizing bodies shall be used as a basis for the elaboration of Standards/ Regulations/CAPs

11 The Harmonization Principle: Use of International Standards Such guides or recommendations or relevant parts are inappropriate for the Members concerned Except national security requirements For, inter alia, such reasons as prevention of deceptive practices protection of human health or safety protection of animal or plant life or health protection of the environment fundamental climatic or other geographical factors fundamental technological problems fundamental infrastructural problems

12 International Standards Set of Principles  Transparency  Openness  Impartiality & Consensus  Effective & Relevance  Coherence  Development Dimension

13 TBT Agreement-Notification Conditions Members must notify a measure when both sets of conditions apply A relevant international standard does not exist The measure may have a significant effect on trade of other Members OR The measure is not in accordance with the standard

14 When or at what stage to notify ?  Notifications at draft stages when amendments can still be introduced based on comments received.  For urgent reasons (safety, health, environment protection or national security), Notification must be made immediately upon adoption.

15 The Notification Format

16 How much time is allowed for comments  At least 60 days time for other Members to make comments in writing  Discuss these comments upon request  Take into account these written comments and the results of these discussions

17 Number of TBT Notifications per Member

18 TBT Notifications by Country Group

19 Total Number of TBT Notifications

20 TBT Notifications Distribution






26 Functioning of Enquiry Points Enquiry Points must respond to reasonable enquiries and provide relevant documents regarding: Technical regulations, standards and conformity assessment procedures Membership and participation in international and regional standardizing bodies and conformity assessment systems / bilateral and multilateral arrangements Location of notices published Location of other Enquiry Points

27 Responsibilities of Enquiry Point Other Services that may be provided by Enquiry Point  Dissemination & Understanding of TBT related information  Preparing Country’s stand on TBT Notifications  Arranging Workshops/ Seminars for sensitizing other relevant agencies  Export Alert Service

28 BUREAU OF INDIAN STANDARDS National Standards Body of India Established 1947 – Indian Standards Institution (ISI) – registered as society - Statutory status since 1987 after enactment of BIS Act 1986 Engaged in standards formulation, certification, testing and related activities including standards promotion & consumer education Representing India in ISO & IEC - participant in Codex work

29 INDIA FOREIGN TRADE – QUALITY REGULATION FOR IMPORTS:  Directorate General of Foreign Trade  Relevant Regulatory Agency  BIS for 109 Products FOR EXPORTS:  Export Inspection Council for about 1000 notified products (Food, footwear, chemicals, engineering, leather, jute etc)

30 109 Products  Food Colours & Food Additives  Cement  Gas Cylinders  Electrical Appliances  Infant Milk Products  Pressure Stoves  Steel Tubes  Miners’ Safety Equipment  Packaged Drinking Water and Natural Mineral Water  Thermometers Mandatory BIS Certification

31 India – Regulatory Agencies IMPORTANT AGENCIES INVOLVED IN QUALITY REGULATION – Directorate General of Health ServicesPFA – Ministry of Food Processing IndustryFPO – Department of Industrial Policy & PromotionBIS & EC Acts – Directorate of Marketing and Inspection AGMARK – Department of Agriculture & CooperationPlant Quarantine – Department of Animal Husbandry & DairyingMMPO – Department of Legal MetrologyWeights & Measures Act – Bureau of Energy EfficiencyEnergy Conservation Act – Chief Controller of ExplosivesIndian Explosives Act – Directorate General of Mines SafetyCoal Mines Regulations – Ministry for Road TransportCMVR – Central Pollution Control Board

32  Prevention of Food Adulteration Act 1954  Plant Quarantine (Regulation of Import into India) Order, 2003  Meat Food Product Order 1973  Milk And Milk Product Order 1992  Bureau Of Indian Standards Act, 1986  Standards On Weight And Measurement Act 1976  Livestock Importation Act 1898  AGMARK Act 1937  The Infant Milk Substitutes, Feeding Bottles and Infant Foods Act  Export (Quality Control and Inspection) Act, 1963  Essential Commodities Act  Indian Explosives Act  Energy Conservation Act, 2001 Some Acts/Regulations/Control orders India

33 INDIA Notification Authority & Enquiry Points Department of Commerce, Ministry of Commerce- Notification Authority for India. Bureau of Indian Standards -Designated TBT Enquiry Point by Ministry of Commerce Ministry Of Health & Ministry of Agriculture- SPS Enquiry Points

34 Role of BIS as Enquiry Point Answering Enquiries  Market Access  Mandatory BIS Certification  Acceptance of CE Marking  Acceptance of IECCB Scheme  Equivalence of Standards Handling TBT Notifications

35 Examination of TBT Notifications Aspects to be considered: Are these Notifications in accordance with International Standards ? Are the requirements trade restrictive ? Are they stricter than International Standards than necessary to meet the legitimate objectives of: Protection of human health or safety Animal or Plant life or health Environment Are these Scientifically Justified ? Expectations from Industry & Stakeholders

36 Participate in International Standards Setting Be Proactive not Reactive to TBT Notifications Project Regional Concerns Responsibilities of WTO Member Countries

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