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

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

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

4. 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

5. 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

6. India Notification Procedure
PREPARATION
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
Clear and descriptive outline of the regulatory proposal
Give adequate time to comment on the proposal
Reasonable time for adoption of measure
SUBMISSION
Prepared notifications are sent to WTO Central Registry of Notifications (CRN)

7. WTO TBT Notifications by India-Comment Handling
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
Reasonable time for enforcement of measures after publication

8. Role of BIS under TBT Agreement
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

9. 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

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

11. 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

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

13. Standard Formulation-Basic Principles
Accepted Code of Good Practice of TBT Agreement
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
As NSB takes full part in the development of International Standards, relevant to the national needs.

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

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

16. Product Certification
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.
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 17025
Operated through a network of 5 Regional,18 Branch and 5 Inspection Offices throughout India with Headquarters at New Delhi.

17. 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.

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

19. 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

20. 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

21. 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

22. Functioning of BIS as Enquiry Point
Technical regulations, standards and conformity assessment procedures
As Enquiry Point responds to reasonable enquiries pertaining to:
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

23. 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

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

25. 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
Collecting comments on the Notifications from national stakeholders
Analysing the comments
Forward the comments to MOC to send to the country issuing the Notification/WTO Secretariat

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