Ref. Ares(2015)2469742 - 12/06/2015
EUROPEAN COMMISSION
Directorate-General for Internal Market, Industry, Entrepreneurship and SME's
Single Market Policy, Regulation and Implementation
Prevention of Technical Barriers
Brussels,
СО/BL - grow.b.2(2015)2733017
E-MAIL
To:
TBT Enquiry Point of India
Copy
EU Delegation India
From:
Mr Giuseppe Casella
E-mail:
info@bis.org.in
Telephone:
EU-WTO-TBT Enquiry Point E-mail:
+ 32 2 295 63 96
grow-eu-tbt@ec.europa.eu
Number of pages:
1 +3
Subject:
G/TBT/N/IND/47 - Expansion of schedule to the "Electronics
and Information Technology Goods
(Requirements for Compulsory Registration Order, 2012)"
EU Comments
EU comments
Message:
Dear Sir or Madam
Please find attached the comments from the European Union on the above-mentioned
notification.
Could you please acknowledge receipt of this e-mail? Thank you.
Yours faithfully
( Giuseppe Casella
V Hejad of Unit
Contact:
Ms Carla Osman
Telephone: (32-2) 2956991
E-mail: qrow-eu-tbt@ec.euroDa.eu
TBT Database: http://ec.eurooa.eu/a rowth/tools-databases/tbt/
Commission européenne, B-1049 Bruxelles/Europese Commissie, B-1049 Brussel - Belgium. Telephone: (+32-2)299 11 11.
Office: N105 4/63. Telephone: direct line (+32-2)29
Fax: (+32-2)299 80 43.
E-mail: grow-eu-tbt@ec.europa.eu
Comments from the European Union relating to notification
G/TBT/N/IND/47
Expansion of schedule to the "Electronics and Information Technology Goods
(Requirements for Compulsory Registration Order, 2012)"
The European Union (EU) would like to thank the Indian authorities for notifying on
19 March 2015 the Notification No. 2905 (E) dated 13th November 2014 concerning
the expansion of schedule to the "Electronics and Information Technology Goods
(Requirements for Compulsory Registration Order; 2012)" to include 15 more
products.
The EU regrets that the notification has not been made at a draft stage, which would
have allowed amendments to be introduced, as per Article 2.9.2 of the TBT
Agreement. The EU also notes that the date of implementation (6 months from the
date of publication) is close to the date of notification, with the exception of seven
products for which the date of implementation has recently been extended, until 13
August 2015, with the aim of allowing industry more time to adapt to the new
requirements. The EU would like to invite the Indian authorities to postpone the
implementation to a later date for all products concerned, including the other 8
product categories, so that comments received from WTO Members on this new
notification can be adequately considered and discussed with the WTO Members
concerned, and the affected industry can benefit from a sufficient adaptation period.
The EU would like to take this opportunity to reiterate the EU comments of 13
December 2012 issued in relation to the notification G/TBT/N/IND/44 concerning the
Electronics and Information Technology Goods (Requirements for Compulsory
Registration) Order, 2012. These comments are still relevant in the context of the
currently notified act:
1.
The EU remains concerned about the third-party testing requirements of the
Indian compulsory registration scheme and, more generally, the length and
complexity of the registration and associated marking and labelling process.
The EU would like to reiterate its request for a fast-track registration procedure
providing for shorter times for processing applications and for the possibility of
having one product registration number per product model rather than per
factory manufacturing the product. In particular for products with a short
lifecycle, the currently reported delays (no less than 45 days) have an adverse
effect on the ability of product suppliers to timely market those products within
their useful lifecyle.
The EU considers that the system of registration in combination with a type
approval system as set up by the "Electronics and Information Technology
Goods (Requirements for Compulsory Registration) Order, 2012" seem to
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contravene Article 5.1.2 of the TBT Agreement, as It establishes a conformity
assessment procedure which is more strict than necessary, taking into
account the risks non-conformity would create. In particular, the EU considers
that a system of registration, which is executed through a type approval
system, is necessary and justified only in the case of high risk products, where
without such approval the risks to consumers and workers would be high and
liability and consumer protection legislation would not be a sufficient deterrent
for manufacturers to place unsafe products on the market.
In the EU's view, the products covered by the measure under discussion are
low voltage products, which are not to be considered as high risk products.
For these products the system of internal production control, as currently
applied in the EU, can be followed for ensuring the safety of the concerned
products. This system obliges the manufacturer to issue the Supplier's
Declaration of Conformity (SDoC), by which he declares that the product is in
conformity with all applicable requirements in the EU. The manufacturer has to
maintain a technical file regarding the product's safety for inspection by
surveillance authorities. While the technical file must document any relevant
tests performed on the product, his system does not oblige the manufacturer
to certify his products based on tests conducted by a laboratory approved by
the regulatory authorities.
2.
While the EU still considers that compulsory registration and third-party testing
is not proportional, it would like to emphasise that, to the extent such a system
is nevertheless applied by India, test reports issued by the members of IEC
System of Conformity Assessment Schemes for Electrotechnical Equipment
and Components (IECEE) Certification Bodies (CB) scheme or any laboratory
holding adequate accreditation from a signatory to the International Laboratory
Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA)
should also be accepted. The EU welcomes India's statements at recent
WTO TBT Committee meetings that this would currently be the case. The EU
would welcome, however, an assurance from the Indian authorities that tests
carried out by foreign laboratories participating in the IECEE CB scheme or
accredited by ILAC MRA signatories will continue to be accepted on a
permanent basis in the future.
3.
In addition, the EU considers that there are no reasons for limiting validity of
the test reports to 90 days for the products covered for the purpose of filing an
application for registration and would ask India to abolish the time limit. Test
reports older than 90 days should be accepted if the safety properties and
design of the product have not changed since the original test was carried out.
By the same token, once registration has been obtained, the validity of the
registration should not be subject to a time limitation (the current one is two
years). Products not having undergone any change in safety properties and
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design should be exempted or at least benefit from a fast-track, automatic
renewal procedure.
Finally, the EL) notes with appreciation the flexibilities introduced with regard to the
labelling requirements, in particular for products with small physical dimensions, and
encourages the Indian authorities to continue to work with stakeholders towards the
further streamlining of the registration procedure and minimization of the associated
burdens.
The ED thanks the Indian authorities in advance for taking the above comments into
account and responding to them in writing and looks forward to further discussing this
matter bilaterally.
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