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
Non - Discrimination
Avoidance of unnecessary
obstacles to trade
Harmonization

8. 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)

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
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

11. 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

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

21. TBT Notifications Distribution

22. TBT Notifications Distribution

23. TBT Notifications Distribution

24. TBT Notifications Distribution

25. TBT Notifications Distribution

26. 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

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. 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

31. 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

32. 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

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. 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 ?

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