Download BISPerspectives-BIS-INDO-US

PERSPECTIVES ON KEY
PRINCIPLES -
WTO TBT ENQUIRY POINT
INDIA
By
BUREAU OF INDIAN STANDARDS
TBT Agreement – Key principles
Non-discrimination
Avoidance of unnecessary obstacles to
trade
Harmonization
Equivalence
Mutual recognition
Transparency
Measures subject to TBT
provisions?
Technical
Regulation
Standard
Mandatory
Measures
Voluntary
Measures
Conformity Assessment Procedure
INDIA Notification Authority & Enquiry
Points
Department of
Notification Authority
Commerce, Ministry of
Commerce
Bureau of Indian
Standards
TBT Enquiry Point
Ministry Of Health &
SPS Enquiry Points
Ministry of Agriculture
Notification Practices in India
Criteria for notification includes assessment of:
– whether international standard exists or technical content
differs from international standards
– impact of regulation on trade
– whether regulation deals with technical requirements or SPS
measures for a product/group of products (relevance under the
TBT and SPS Agreements)
Various sources that are consulted:
– TBT Agreement, and relevant Committee recommendations and
decisions
– regulatory agency responsible for the regulation
India Notification Procedure
PREPARATION
• Advised by regulator of proposed legislations
• Complete notification format by the Regulatory Body in
consultation with Ministry of Commerce pursuant to
recommendations made by the TBT Committee
• Clear and descriptive outline of the regulatory proposal
• Give adequate time to comment on the proposal
• Reasonable time for adoption of measure
SUBMISSION
• Prepared notifications are sent to WTO Central Registry of
Notifications (CRN)
WTO TBT Notifications by
India-Comment Handling
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
Reasonable time for enforcement of
measures after publication
Role of BIS under TBT
Agreement
• As a Standardization Body functions in
accordance to the Code of Good Practice
• Functions as an Enquiry Point for WTO
Member Nations and as an Information
Centre within India
BUREAU OF INDIAN STANDARDS
• INDIAN STANDARDS INSTITUTION [now known as BUREAU OF
INDIAN STANDARDS( BIS)] set up on 6 JANUARY 1947
• BIS is functioning under MINISTRY OF CONSUMER AFFAIRS, FOOD
AND PUBLIC DISTRIBUTION, GOVT OF INDIA as a statutory body
under BIS ACT, 1986 with effect from 1 APRIL 1987
• NATIONAL STANDARDS BODY of INDIA
• OBJECTIVES
 Harmonious, development of standardization and quality control in
national and international arena
 Certification schemes for products and systems
 Growth and development of Indian industry, commerce and
exports
 Consumer protection
Main Activities
• Standards Formulation
• Certification
– Product
– Systems
• Laboratory
• International Activities
• Training Services
• Others
– Information Services
– Consumer Affairs & Standards Promotion
– Sale of Standards
Approach to Standardization
• Standards formulated by BIS are primarily,
voluntary in nature
• Through various Acts/ Regulations, out of the
more than 18 000 standards formulated so far,
only 68 standards are subject to Mandatory
Certification
TECHNICAL COMMITTEE
STRUCTURE
(Members From)
Manufacturers
Manufacturers
BASIC APPROACH
Consumers,
Government
Consumers,
Departments
Government
Departments
Technologists
, Regulating
Technologists
, Regulating
Authorities,
Testing
Authorities,
Testing
Laboratories,
Consultants,
Laboratories,
Consultants,
Universities,
Other
Experts
Universities,
Other
Experts
Consensus Principle
Standard Formulation-Basic
Principles
• Accepted Code of Good Practice of TBT Agreement
• International standards/ their relevant parts are used in
standards setting
• However in case of fundamental technical/ geographical/
climatic problems, standards are set as per national
requirements
• As NSB takes full part in the development of International
Standards, relevant to the national needs.
Standard FormulationConsensus & Transparency
• All standards are widely circulated
• Period of comments is generally not less than 3 months,
• Except for urgent reasons pertaining to safety, health or
environment
• Drafts are hosted on BIS website for public comments
• All comments are duly considered by the appropriate
authorities
• Programme of Work is published and also hosted on BIS
website
COMMENTS
NEW
WORK
ITEM
FIRST
DRAFT
CIRCULATION
TO
COMMITTEE
MEMBERS
P-DRAFT
COMMENTS
CIRCULATION
TO
COMMITTEE
MEMBERS
COMMENTS
MEETING
WC
DRAFT
MEETING
PUBLIC
CIRCULATION
F-DRAFT
STANDARD
ADOPTION -- DIVISION
COUNCIL
NATIONAL
STANDARD
Product Certification
• Started in 1955 under ISI Certification Marks Act,
•
•
•
•
1952
Offers third party assurance, based on well defined
scheme of testing and inspection and ensuring
adequacy of in-process quality control.
Basically voluntary in nature.
– 68 products are however covered under
mandatory certification due to reasons of human
health and safety.
Supported by testing Laboratories duly accredited
under National Laboratory Accreditation Scheme
according to ISO/IEC 17025
Operated through a network of 5 Regional,18
Branch and 5 Inspection Offices throughout India
with Headquarters at New Delhi.
Certification Scheme for Foreign Manufacturers
and Indian Importers
 Launched in 1999
 Scheme for Foreign Manufacturers
 93 licences granted in 16 countries such as France, UAE,
South
Korea,
Nepal,
Switzerland,
Thailand
Bhutan,China,etc.
 Products certified include Packaged Drinking Water,
Cement, Wood Products, Steel Products, Milk Products,
Clinical
Thermometers,
Energy
Meters,
Electrical
Appliances & Switchgear items etc.
 Scheme for Indian Importers
 3 licences granted for Strainer Type Filter for irrigation,
Spark plug Diesel Engines, PE/Al/PE composite pipes.
International Activities
• India (BIS) is a member of International Organization
for
Standardization
(ISO)
and
International
Electrotechnical Commission (IEC)
• Membership of ISO/IEC governing bodies
• Secretariat responsibilities held for 8 ISO Committees
(2 TCs & 6 SCs)
• Promotes
bilateral/regional
cooperation
corresponding bodies in other countries
with
• BIS has been designated as the WTO-TBT Enquiry
Point in India
MOUs/ MRAs- Tools for Regulatory Cooperation
BIS has signed MOUs with 15 countries with a view to:
 Enhance cooperation in standardization & conformity
assessment
 Facilitate sharing of expertise and mutual trade
MRA with SRILANKA :
 Trade Facilitation
INDO US Cooperation Initiative
INDO US Portal is a commitment by BIS, CII & ANSI
to:
 Provide common platform for required transparency
 Facilitate sharing of information on trade issues
 Provide mutual support at international fora
 Facilitate Harmonization of Standards & Conformity
Assessment Procedures through increased
transparency
Regional Cooperation Initiatives
Establishment of SARSO (South Asian Regional Standards
Association)
Objectives:
 Coordination & Cooperation between SAARC countries in
standards & Conformity Assessment
 Develop harmonised standards
 Facilitate intra regional trade
 Promote MRAs on conformity assessment
Functioning of BIS as Enquiry
Point
Technical regulations,
standards and conformity
assessment procedures
As Enquiry Point
responds to
reasonable
enquiries
pertaining to:
Membership and participation
in international and regional
standardizing bodies and
conformity assessment
systems / bilateral and
multilateral arrangements
Location of notices published
Location of other national
Enquiry Points
Functioning of BIS as Enquiry
Point
Other Services provided by BIS WTO TBT Enquiry
Point
• Arranging Workshops/ Seminars for
sensitization
• Export Alert Service
• Responding to other WTO member country
enquiries on India’s Notifications and providing
full texts of Indian Notifications
Functioning of BIS as Enquiry
Point
Dissemination of TBT related information
• Collect TBT Notifications from WTO website
• Sort out the Notifications sector wise/ Product wise
• Electronically Disseminate the TBT Notifications to
•
•
various associations/ industry/ exporters/BIS
Technical Committees
Put up Notifications & their abstracts on the BIS
website www.bis.org.in
Publish in BIS journal ‘Standards Monthly Additions’
Functioning of BIS as Enquiry
Point
Preparing Country’s stand on TBT Notifications
• Provide the text of the Notifications issued by the
WTO member countries to national stakeholders
• Collecting comments on the Notifications from
national stakeholders
• Analysing the comments
• Forward the comments to MOC to send to the country
issuing the Notification/WTO Secretariat
Thank you
INDIA WTO TBT Enquiry Point
Bureau of Indian Standards
9 Bahadur Shah Zafar Marg
New Delhi 110002. India
E-mail:
[email protected]
Telephone:
91 11 23231082
Telefax:
91 11 23239399
Website www.bis.org.in