Bureau of Indian Standards Product Certification in Developing CountriesIndian Perspective Bureau of Indian Standards Relevance of Certification • Independent proof of compliance to prescribed Standards • Objective mechanism for acceptance of goods & services in foreign trade, especially in MRAs • Basis for compliance to Technical regulations • Confidence Building through use of International Standards & Guides such as Guide 65, Guide 62, ISO 17025, ISO 17020 Bureau of Indian Standards Benefits of Certification • Manufacturers – Improvement & consistency in quality. – Customer confidence and wider markets • Organized Purchasers – Confidence in integrity of a product. – Reduction in costly testing and inspection • Common Consumer – Brand oriented selection, confidence in the purchase. • National Level – Protection of consumer and environment – Improved public purchases and optimum overall economy. • International Level – Facilitation of international trade, mutual recognition and acceptance. Costly testing and inspection avoided. Bureau of Indian Standards Product certification • Recognition of a conformity mark means three preconditions being met – Competence of the conformity assessment body – Visibility of the mark of conformity (people know what it means) – Credibility of the mark of conformity (people believe the results of the assessment are relevant and valid) Bureau of Indian Standards 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 Bureau of Indian Standards PRODUCT CERTIFICATION - VOLUNTARY I M P O R T S BIS AGMARK & OTHERS EIC DOMESTIC E X P O R T S Bureau of Indian Standards PRODUCT CERTIFICATION - MANDATORY I M P O R T S BIS for 109 Products EIC DOMESTIC E X P O R T S Bureau of Indian Standards BIS Certification activities • Product certification Schemes – General Products domestic certification – Certification schemes for foreign manufacturers and Indian importers. – Hallmarking of gold jewellery. – Eco-mark • Management System Certification Schemes – Quality system certification including HACCP. – Environment management system certification. – Occupational Health & Safety Bureau of Indian Standards BIS Certification Schemes 90 EMS 1600 800 41 QMS Hall Mark Foreign 18000 Licences issued Product Bureau of Indian Standards BIS Product certification • Started in 1955 • Self-supporting Scheme • Operated under an Act of Parliament • Basically voluntary in nature (akin to world practices) • Central Govt. (Not BIS) can make Mandatory where human health and safety are involved. • Products under certification • Under Mandatory Certification - ~ 1200 109 Bureau of Indian Standards HQ – Delhi 5 Regional Offices 33 Branch Offices 5 Inspection Offices 8 Labs Bureau of Indian Standards PRODUCT CERTIFICATION Conforms to ISO Guide 65 Modeled on ISO Guide 28 ISO TYPE 5 SCHEME Almost 1200 Products Voluntary Scheme Bureau of Indian Standards Certification Process • • • • • Application - Scrutiny and registration Preliminary Factory evaluation Testing of samples - In factory and laboratories Grant of licence Surveillance – Periodic factory visits – Factory sample testing – Market sample testing • Annual Review of licence – Renewal – Expiry/cancellation Bureau of Indian Standards Mandatory 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 Bureau of Indian Standards LEGISLATIVE FRAMEWORK BIS ACT 1986 Section 10 Section 11 , 12 Section 14 General Powers Violations: Misuse of ISI Mark etc Powers for Mandatory Certification Section 15 Section 25 Section 26 Powers to grant / cancel licence etc Powers to appoint Inspecting Officers Powers to conduct search & seizure Section 33 Penalties for violations Rule 9 Establishment of Standard Mark BIS Rules 1987 Rule 12 Rules 20, 21 Powers to conduct inspections Appointment & Powers of Inspecting Officers BIS (Certification) Regulations, 1988 Bureau of Indian Standards Product certification BIS Standard Mark Bureau of Indian Standards Conformity Assessment & TBT • Importance of Conformity Assessment is realized by the fact that TBT Agreement devotes four articles to CA arrangements • The main spirit being that CAPs • are not prepared, adopted and applied with a view to or with the effect of creating unnecessary obstacles to International trade • Are notified to other members when not in line with international guides • Of other members are accepted even when procedures are different provided they offer an assurance of conformity equivalent to their own Bureau of Indian Standards Acceptance of CAPs ? • Possible approaches – Mutual Recognition Agreements (MRA)s between certifiers – Multilateral Recognition between certifiers – International Accreditation of certifiers Objective : One Stop Assessment --- Accepted World wide Bureau of Indian Standards Acceptance of CAPs ? • Developing countries’ Dilemma – Mutual Recognition Agreements (MRA)s between certifiers – Limited recognition, new arrangement every time – Multilateral Recognition between certifiers – Costly, time consuming, involves socio-political concerns – International Accreditation of certifiers– Ideal, but difficult to conclude due to difference in adopted procedures, availability of resources and condescending approach of developed countries Bureau of Indian Standards Certification – Voluntary or Mandatory ? • Voluntary – Operates in free market conditions – Tests the real strength of the Scheme and the certifier – Businesses implement voluntary standards as a strategic planning and marketing tool – Reliability levels are high • Mandatory – – – – To regulate quality for domestic consumption Unwilling industry segments resort to violations Need for enforcement/policing Additional manpower resources are required Bureau of Indian Standards Certification – Voluntary or Mandatory ? • Developing countries’ Dilemma To use or not, the mandatory Certification Scheme especially to • regulate quality in critical sectors when other measures prove ineffective • Prevent substandard imports • Protect domestic industry Bureau of Indian Standards MANDATORY CERTIFICATION How it has affects NCBs • Diversion of scarce Technical manpower from core areas to regulatory functions : • Enforcement raids • Legal follow up • Negligible support from Enforcement Agencies shifts primary responsibility to NCB • Possibility of Public criticism • Increased pressure on NCB to protect Brand image of Certification Mark Bureau of Indian Standards ALTERNATIVE APPROACHES • Make regulatory bodies responsible for enforcement under their respective acts • NCBs should propagate compliance of standards through their voluntary certification schemes • Encourage government purchasing with Product certification, wherever available • Governments should identify products in critical fields of health, safety and environment sectors for mandatory compliance in a phased manner • Amend Consumer protection Legislations to enable governments to notify mandatory compliance to National standards • Enhance Penalties for violations as a deterrent Bureau of Indian Standards Danke gut Dhanyavad Merci Thank you