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

Technical
Regulation
Standard
Mandatory
Measures
Voluntary
Measures
Conformity Assessment Procedure

Art.
2.1,5.1.1
Of national origin From any other country
National
Treatment
Most-Favoured
Nation (MFN)

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

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

Except national security requirements
Such guides or recommendations or relevant parts are inappropriate for the Members concerned
For, inter alia, such reasons as prevention of deceptive practices fundamental infrastructural problems fundamental technological problems fundamental climatic or other geographical factors protection of the environment protection of human health or safety 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
OR
The measure is not in accordance with the standard
The measure may have a significant effect on trade of other Members

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.

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
14
12
10
8
6
4
2
0
1
7
14
8
7
6
11
10
9
10
2
2-5 6-10 11-20 21-30 31-50 51-100 101-200 201-300 >300

TBT Notifications by Country Group
90
80
70
60
50
40
30
20
10
0
29
35
De ve lope d countrie s
51
81
De ve loping countrie s
4
LDC s
32
Notifying Members
Total Number of Members

Total Number of TBT Notifications
800
700
600
500
400
365
460
794
648
669
611
538
581
794
638
300
200
100
0
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

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
 Directorate General of Foreign Trade
 Relevant Regulatory Agency
 BIS for 109 Products
 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
Chief Controller of Explosives
Directorate General of Mines Safety
Ministry for Road Transport
– Central Pollution Control Board
Energy Conservation Act
Indian Explosives Act
Coal Mines Regulations
CMVR

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