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

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

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)

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

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

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

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

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

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

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

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

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

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

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.

The Notification Format

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

Number of TBT Notifications per Member

TBT Notifications by Country Group

Total Number of TBT Notifications

TBT Notifications Distribution

TBT Notifications Distribution

TBT Notifications Distribution

TBT Notifications Distribution

TBT Notifications Distribution

TBT Notifications Distribution

Functioning of Enquiry Points Technical regulations, standards and conformity assessment procedures Enquiry Points must respond to reasonable enquiries and provide relevant documents regarding: 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

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

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

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)

Mandatory BIS Certification 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

India – Regulatory Agencies IMPORTANT AGENCIES INVOLVED IN QUALITY REGULATION Directorate General of Health Services PFA Ministry of Food Processing Industry FPO Department of Industrial Policy & Promotion BIS & EC Acts Directorate of Marketing and Inspection AGMARK Department of Agriculture & Cooperation Plant Quarantine Department of Animal Husbandry & Dairying MMPO Department of Legal Metrology Weights & Measures Act Bureau of Energy Efficiency Energy Conservation Act Chief Controller of Explosives Indian Explosives Act Directorate General of Mines Safety Coal Mines Regulations Ministry for Road Transport CMVR Central Pollution Control Board

Some Acts/Regulations/Control orders India 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

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

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

Expectations from Industry & Stakeholders 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 ?

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