Standards & Technical Measures :TBT Agreement: India’s Perspective Standards & Technical Measures :TBT Agreement: India’s Perspective

Parminder BajajHead (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 inAgreement 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 MeasuresVoluntary Measures

Conformity Assessment Procedure

Main Disciplines of the TBT Agreement

HarmonizationHarmonization

Avoidance of unnecessary obstacles to trade

Avoidance of unnecessary obstacles to trade

Non - DiscriminationNon - Discrimination

Art. 2.1,5.1.1

Non-Discrimination

OriginatingOriginating

Of national originOf national origin

National Treatment

From any other countryFrom any other country

Most-Favoured Nation (MFN)

Conditions no Less Favourable toAccess of Suppliers of Like Products

Conditions no Less Favourable toAccess of Suppliers of Like Products

Avoid unnecessary obstacles to trade

Standards/ Regulations/CAPs Must not be prepared, adopted or applied so as to

Create unnecessary obstacles to international 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

2 key requirements

Shall play a full part in the preparation by appropriate

international standardizing bodies of guides and recommendations for

Standards/ Regulations/CAPs

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

Relevant guides or recommendations issued by international standardizing bodies shall be used as a basis for the

elaboration of Standards/ Regulations/CAPs

The Harmonization Principle: Use of International Standards

Such guides or recommendations or relevant parts are inappropriate for the Members concerned

Such guides or recommendations or relevant parts are inappropriate for the Members concerned

Except

national security requirements

national security requirements

For, inter alia, such reasons as

prevention of deceptive practices

prevention of deceptive practices

protection of human health or safety

protection of human health or safety

protection of animal or plant life or health

protection of animal or plant life or health

protection of the environment

protection of the environment

fundamental climatic or other geographical factors

fundamental climatic or other geographical factors

fundamental technological problems

fundamental technological problems

fundamental infrastructural problems

fundamental infrastructural problems

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

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 allowedfor 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

7

14

8

7

6

11

10

9

10

2

0

2

4

6

8

10

12

14

1 2-5 6-10 11-20 21-30 31-50 51-100 101-200 201-300 >300

TBT Notifications by Country Group

29

35

51

81

4

32

0

10

20

30

40

50

60

70

80

90

Developedcountries

Developingcountries

LDCs

Notifying Members

Total Number of Members

Total Number of TBT Notifications

365460

794

648669

611

538581

794

638

0

100

200

300

400

500

600

700

800

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

TBT Notifications Distribution

TBT Notifications Distribution

TBT Notifications Distribution

TBT Notifications Distribution

TBT Notifications Distribution

TBT Notifications Distribution

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

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)

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

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 & CooperationPlant 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

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

INDIANotification 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

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

Participate in International Standards Setting

Be Proactive not Reactive to TBT Notifications

Project Regional Concerns

Responsibilities of WTO Member Countries