PERSPECTIVES ON KEY PRINCIPLES - WTO TBT ENQUIRY POINT INDIA By BUREAU OF INDIAN STANDARDS

TBT Agreement – Key principles Non-discrimination Non-discrimination Avoidance of unnecessary obstacles to Avoidance of unnecessary obstacles to trade trade Harmonization Harmonization Equivalence Equivalence Mutual recognition Mutual recognition Transparency Transparency

Measures subject to TBT provisions? Measures subject to TBT provisions? Technical Regulation Standard Mandatory Measures Voluntary Measures Conformity Assessment Procedure

INDIA Notification Authority & Enquiry Points INDIA Notification Authority & Enquiry Points Department of Commerce, Ministry of Commerce Notification Authority Bureau of Indian Standards TBT Enquiry Point Ministry Of Health & Ministry of Agriculture SPS Enquiry Points

Notification Practices in India Notification Practices in India Criteria for notification includes assessment of: – whether international standard exists or technical content differs from international standards – impact of regulation on trade – whether regulation deals with technical requirements or SPS measures for a product/group of products (relevance under the TBT and SPS Agreements) Various sources that are consulted: – TBT Agreement, and relevant Committee recommendations and decisions –regulatory agency responsible for the regulation

India Notification Procedure India Notification Procedure PREPARATION Advised by regulator of proposed legislations Advised by regulator of proposed legislations Complete notification format by the Regulatory Body in consultation with Ministry of Commerce pursuant to recommendations made by the TBT Committee Complete notification format by the Regulatory Body in consultation with Ministry of Commerce pursuant to recommendations made by the TBT Committee Clear and descriptive outline of the regulatory proposal Clear and descriptive outline of the regulatory proposal Give adequate time to comment on the proposal Give adequate time to comment on the proposal Reasonable time for adoption of measure Reasonable time for adoption of measureSUBMISSION Prepared notifications are sent to WTO Central Registry of Notifications (CRN) Prepared notifications are sent to WTO Central Registry of Notifications (CRN)

WTO TBT Notifications by India-Comment Handling At least 60 days time for other Members to make comments in writing At least 60 days time for other Members to make comments in writing Discuss these comments upon request Discuss these comments upon request Take into account these written comments and the results of these discussions Take into account these written comments and the results of these discussions Reasonable time for enforcement of measures after publication Reasonable time for enforcement of measures after publication

Role of BIS under TBT Agreement As a Standardization Body functions in accordance to the Code of Good Practice As a Standardization Body functions in accordance to the Code of Good Practice Functions as an Enquiry Point for WTO Member Nations and as an Information Centre within India Functions as an Enquiry Point for WTO Member Nations and as an Information Centre within India

BUREAU OF INDIAN STANDARDS INDIAN STANDARDS INSTITUTION [now known as BUREAU OF INDIAN STANDARDS( BIS)] set up on 6 JANUARY 1947 BIS is functioning under MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION, GOVT OF INDIA as a statutory body under BIS ACT, 1986 with effect from 1 APRIL 1987 NATIONAL STANDARDS BODY of INDIA OBJECTIVES   Harmonious, development of standardization and quality control in national and international arena   Certification schemes for products and systems   Growth and development of Indian industry, commerce and exports   Consumer protection

Main Activities Standards Formulation Certification – – Product – – Systems Laboratory International Activities Training Services Others – – Information Services – – Consumer Affairs & Standards Promotion – – Sale of Standards

Approach to Standardization Standards formulated by BIS are primarily, voluntary in nature Through various Acts/ Regulations, out of the more than standards formulated so far, only 68 standards are subject to Mandatory Certification

Manufacturers Consumers, Consumers, Government Departments Technologists, Technologists, Regulating Authorities, Testing Laboratories, Consultants, Universities, Other Experts TECHNICAL COMMITTEE STRUCTURE ( Members From) Manufacturers Consumers, Consumers, Government Departments Technologists, Regulating Authorities, Testing Laboratories, Consultants, Universities, Other Experts BASIC APPROACH Consensus Principle

Standard Formulation-Basic Principles Accepted Code of Good Practice of TBT Agreement Accepted Code of Good Practice of TBT Agreement International standards/ their relevant parts are used in standards setting International standards/ their relevant parts are used in standards setting However in case of fundamental technical/ geographical/ climatic problems, standards are set as per national requirements However in case of fundamental technical/ geographical/ climatic problems, standards are set as per national requirements As NSB takes full part in the development of International Standards, relevant to the national needs. As NSB takes full part in the development of International Standards, relevant to the national needs.

Standard Formulation- Consensus & Transparency All standards are widely circulated All standards are widely circulated Period of comments is generally not less than 3 months, Period of comments is generally not less than 3 months, Except for urgent reasons pertaining to safety, health or environment Except for urgent reasons pertaining to safety, health or environment Drafts are hosted on BIS website for public comments Drafts are hosted on BIS website for public comments All comments are duly considered by the appropriate authorities All comments are duly considered by the appropriate authorities Programme of Work is published and also hosted on BIS website Programme of Work is published and also hosted on BIS website

FIRST DRAFT CIRCULATION TO COMMITTEE MEMBERS P-DRAFT COMMENTS CIRCULATION TO COMMITTEE MEMBERS COMMENTS PUBLIC CIRCULATION COMMENTS NATIONAL STANDARD NEW WORK ITEM MEETING WC DRAFT ADOPTION -- DIVISION COUNCIL F-DRAFT STANDARD MEETING

Product Certification Started in 1955 under ISI Certification Marks Act, 1952 Started in 1955 under ISI Certification Marks Act, 1952 Offers third party assurance, based on well defined scheme of testing and inspection and ensuring adequacy of in-process quality control. Offers third party assurance, based on well defined scheme of testing and inspection and ensuring adequacy of in-process quality control. Basically voluntary in nature. Basically voluntary in nature. – 68 products are however covered under mandatory certification due to reasons of human health and safety. Supported by testing Laboratories duly accredited under National Laboratory Accreditation Scheme according to ISO/IEC Supported by testing Laboratories duly accredited under National Laboratory Accreditation Scheme according to ISO/IEC Operated through a network of 5 Regional,18 Branch and 5 Inspection Offices throughout India with Headquarters at New Delhi. Operated through a network of 5 Regional,18 Branch and 5 Inspection Offices throughout India with Headquarters at New Delhi.

Certification Scheme for Foreign Manufacturers and Indian Importers  Launched in 1999  Scheme for Foreign Manufacturers  93 licences granted in 16 countries such as France, UAE, South Korea, Nepal, Switzerland, Thailand Bhutan,China,etc.  Products certified include Packaged Drinking Water, Cement, Wood Products, Steel Products, Milk Products, Clinical Thermometers, Energy Meters, Electrical Appliances & Switchgear items etc.  Scheme for Indian Importers  3 licences granted for Strainer Type Filter for irrigation, Spark plug Diesel Engines, PE/Al/PE composite pipes.

International Activities India (BIS) is a member of International Organization for Standardization (ISO) and International Electrotechnical Commission (IEC)India (BIS) is a member of International Organization for Standardization (ISO) and International Electrotechnical Commission (IEC) Membership of ISO/IEC governing bodiesMembership of ISO/IEC governing bodies Secretariat responsibilities held for 8 ISO Committees (2 TCs & 6 SCs)Secretariat responsibilities held for 8 ISO Committees (2 TCs & 6 SCs) Promotes bilateral/regional cooperation with corresponding bodies in other countriesPromotes bilateral/regional cooperation with corresponding bodies in other countries BIS has been designated as the WTO-TBT Enquiry Point in IndiaBIS has been designated as the WTO-TBT Enquiry Point in India

MOUs/ MRAs- Tools for Regulatory Cooperation BIS has signed MOUs with 15 countries with a view to:  Enhance cooperation in standardization & conformity assessment  Facilitate sharing of expertise and mutual trade MRA with SRILANKA :  Trade Facilitation

INDO US Cooperation Initiative INDO US Portal is a commitment by BIS, CII & ANSI to:  Provide common platform for required transparency  Facilitate sharing of information on trade issues  Provide mutual support at international fora  Facilitate Harmonization of Standards & Conformity Assessment Procedures through increased transparency

Regional Cooperation Initiatives Establishment of SARSO (South Asian Regional Standards Association) Objectives:  Coordination & Cooperation between SAARC countries in standards & Conformity Assessment  Develop harmonised standards  Facilitate intra regional trade  Promote MRAs on conformity assessment

Functioning of BIS as Enquiry Point As Enquiry Point responds to reasonable enquiries pertaining to: 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 national Enquiry Points

Functioning of BIS as Enquiry Point Other Services provided by BIS WTO TBT Enquiry Point Arranging Workshops/ Seminars for sensitization Export Alert Service Responding to other WTO member country enquiries on India’s Notifications and providing full texts of Indian Notifications

Functioning of BIS as Enquiry Point Dissemination of TBT related information Collect TBT Notifications from WTO website Collect TBT Notifications from WTO website Sort out the Notifications sector wise/ Product wise Sort out the Notifications sector wise/ Product wise Electronically Disseminate the TBT Notifications to various associations/ industry/ exporters/BIS Technical Committees Electronically Disseminate the TBT Notifications to various associations/ industry/ exporters/BIS Technical Committees Put up Notifications & their abstracts on the BIS website Put up Notifications & their abstracts on the BIS website Publish in BIS journal ‘Standards Monthly Additions’ Publish in BIS journal ‘Standards Monthly Additions’

Functioning of BIS as Enquiry Point Preparing Country’s stand on TBT Notifications Provide the text of the Notifications issued by the WTO member countries to national stakeholders Provide the text of the Notifications issued by the WTO member countries to national stakeholders Collecting comments on the Notifications from national stakeholders Collecting comments on the Notifications from national stakeholders Analysing the comments Analysing the comments Forward the comments to MOC to send to the country issuing the Notification/WTO Secretariat Forward the comments to MOC to send to the country issuing the Notification/WTO Secretariat

Thank you INDIA WTO TBT Enquiry Point Bureau of Indian Standards 9 Bahadur Shah Zafar Marg New Delhi India Telephone: Telefax: Website