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
What measures are subject to TBT
provisions?
Technical
Regulation
Standard
Mandatory
Measures
Voluntary
Measures
Conformity Assessment Procedure
Main Disciplines of the
TBT Agreement
Non - Discrimination
Avoidance of unnecessary
obstacles to trade
Harmonization
Non-Discrimination
Art.
2.1,5.1.1
Conditions no Less Favourable to
Access of Suppliers of Like Products
Originating
Of national origin
National
Treatment
From any other country
Most-Favoured
Nation (MFN)
Avoid unnecessary obstacles to
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
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
The Harmonization Principle: Use
of International Standards
Except
Such guides or recommendations or relevant parts
are inappropriate for the Members concerned
For, inter alia, such reasons as
national security
requirements
fundamental
infrastructural problems
fundamental
technological problems
fundamental climatic or
other geographical factors
prevention of
deceptive practices
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.
The
Notification
Format
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
14
12
11
10
10
10
9
8
8
7
7
6
6
4
2
2
0
1
2-5
6-10
11-20
21-30
31-50
51-100 101-200 201-300
>300
TBT Notifications by Country Group
90
81
80
Notifying Members
70
Total Number of Members
60
51
50
40
35
32
29
30
20
4
10
0
Developed
countries
Developing
countries
LDCs
Total Number of TBT Notifications
794
800
700
794
648
669
638
611
600
581
538
500
460
365
400
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
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)
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
Ministry of Food Processing Industry
Department of Industrial Policy & Promotion
Directorate of Marketing and Inspection
Department of Agriculture & Cooperation
Department of Animal Husbandry & Dairying
Department of Legal Metrology
Bureau of Energy Efficiency
Chief Controller of Explosives
Directorate General of Mines Safety
Ministry for Road Transport
Central Pollution Control Board
PFA
FPO
BIS & EC Acts
AGMARK
Plant Quarantine
MMPO
Weights & Measures Act
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 AgricultureSPS 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
Participate in International Standards
Setting
Be Proactive not Reactive to TBT
Notifications
Project Regional Concerns