1. Standards & Technical Measures :
TBT Agreement: India’s Perspective
Parminder Bajaj
Head (International Relations & Technical Information Services
Department)
Bureau of Indian Standards
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2. Objectives of WTO
To ensure
 Free, more transparent and more
predictable trade
 Confidence in International Trade amongst
the WTO member countries
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3. 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)
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4. 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
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5. 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
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6. What measures are subject to TBT
provisions?
Technical
Regulation
Standard
Mandatory
Measures
Voluntary
Measures
Voluntary
Measures
Conformity Assessment Procedure
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7. Main Disciplines of the
TBT Agreement
HarmonizationHarmonization
Avoidance of unnecessary
obstacles to trade
Avoidance of unnecessary
obstacles to trade
Non - DiscriminationNon - Discrimination
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8. Art.
2.1,5.1.1
Non-Discrimination
OriginatingOriginating
Of national originOf national origin
National
Treatment
From any other countryFrom any other country
Most-Favoured
Nation (MFN)
Conditions no Less Favourable to
Access of Suppliers of Like Products
Conditions no Less Favourable to
Access of Suppliers of Like Products
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9. Avoid unnecessary obstacles to
trade
Standards/ Regulations/CAPs Must not
be prepared, adopted or applied so as to
Create unnecessary obstacles to
international 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
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10. The Harmonization Principle
2 key
requirements
Shall play a full part in the
preparation by appropriate
international standardizing bodies of
guides and recommendations for
Standards/ Regulations/CAPs
Shall play a full part in the
preparation by appropriate
international standardizing bodies of
guides and recommendations for
Standards/ Regulations/CAPs
Relevant guides or recommendations
issued by international standardizing
bodies shall be used as a basis for the
elaboration of Standards/
Regulations/CAPs
Relevant guides or recommendations
issued by international standardizing
bodies shall be used as a basis for the
elaboration of Standards/
Regulations/CAPs
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11. The Harmonization Principle: Use
of International Standards
Such guides or recommendations or relevant parts
are inappropriate for the Members concerned
Such guides or recommendations or relevant parts
are inappropriate for the Members concerned
Except
national security
requirements
national security
requirements
For, inter alia, such reasons as
prevention of
deceptive practices
prevention of
deceptive practices
protection of human
health or safety
protection of human
health or safety
protection of animal
or plant life or health
protection of animal
or plant life or health
protection of the
environment
protection of the
environment
fundamental climatic or
other geographical factors
fundamental climatic or
other geographical factors
fundamental
technological problems
fundamental
technological problems
fundamental
infrastructural problems
fundamental
infrastructural problems
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12. International Standards
Set of Principles
 Transparency
 Openness
 Impartiality & Consensus
 Effective & Relevance
 Coherence
 Development Dimension
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13. TBT Agreement-Notification Conditions
Members must notify a measure when
both sets of conditions apply
A relevant
international
standard does not
exist
The measure may
have a significant
effect on trade of
other Members
The measure may
have a significant
effect on trade of
other Members
OR
The measure is not
in accordance with
the standard
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14. 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.
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15. The
Notification
Format
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16. 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
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17. Number of TBT Notifications
per Member
7
14
8
7
6
11
10
9
10
2
0
2
4
6
8
10
12
14
1 2-5 6-10 11-20 21-30 31-50 51-100 101-200 201-300 >300
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18. TBT Notifications by Country Group
29
35
51
81
4
32
0
10
20
30
40
50
60
70
80
90
Developed
countries
Developing
countries
LDCs
Notifying Members
Total Number of Members
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19. Total Number of TBT Notifications
365
460
794
648
669
611
538
581
794
638
0
100
200
300
400
500
600
700
800
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004
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20. TBT Notifications Distribution
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21. TBT Notifications Distribution
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22. TBT Notifications Distribution
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23. TBT Notifications Distribution
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24. TBT Notifications Distribution
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25. TBT Notifications Distribution
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26. 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
Pointswww.StudsPlanet.com

27. 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
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28. 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
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29. 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)
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30. 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
Mandatory BIS Certification
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31. 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
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32.  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
Some Acts/Regulations/Control orders
India
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33. 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
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34. 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
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35. 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 ?
Expectations from Industry &
Stakeholders
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36. Participate in International Standards
Setting
Be Proactive not Reactive to TBT
Notifications
Project Regional Concerns
Responsibilities of WTO Member
Countries
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