World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Table

Details of products covered under ECO Mark

Sl.No.	IS No.	Product
1	1848:1991	Writing and printing paper (third revision)
2	2202 (Part 1):1999	Wooden flush door shutters (solid core type); part 1 plywood face panels
3	3087:1985	Wood particle board (medium density) for general purpose (first revision)
4	6234:2003	Portable fire extinguishers, water type (stored pressure)
5	6956:2001	Cover paper
6	11833:1986	Dry powder fire extinguishers for metal fires
7	12406:2003	Medium density fibre boards for general purpose
8	12823:1990	Wood product – prelaminated particle board
9	14490:1997	Plain copier papers
10	14587:1998	Pre laminated medium density fibre board
11	14898:2001	Eco criteria for finished leather
12	303:1989	Plywood for general purposes

The key criteria for a product to be granted such licences are given in the special scheme (see below).

"Special scheme" refers to the "Scheme on labelling of environment friendly products" instituted by the Ministry of Environment and Forests, details of which are available on their website at http://moef.nic.in.

Canada 30, 31, 32, 33:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (ix) Technical regulations and standards: (c) Certification and conformity assessment: paragraph 106, page 69:

The Secretariat's Report indicates that "Foreign manufacturers must set up a liaison/branch office in India to obtain a licence if the BIS has not signed a MOU with the country where the manufactured goods originate". The Report also outlines the applicable fees under the Foreign Manufacturers Certification Scheme.

30. 
    Could India please indicate the standard processing period for licence applications to the BIS, assuming that all required fees and documentation are included with the application?
    

Reply: Once the application is received with requisite fee and all relevant documents, they are scrutinized and further required actions are intimated to the applicant normally within two weeks.

31. 
    Could India please provide a list of the countries with which it has negotiated MOUs? Could India please provide details on the provisions typically included in such MOUs?
    

Reply: The list of the countries with which MoUs have been signed are Afghanistan, Bangladesh, Bhutan, Brazil, France, Germany, Israel, Mauritius, Nepal, Nigeria, South Africa, Slovenia, Thailand, UAE, United States and Uzbekistan. The provisions typically included in such MoUs are the cooperation in the fields of standardization and conformity assessment.

32. 
    Could India please confirm whether the applicable fees under the Foreign Manufacturers Certification Scheme are the same as those applicable to domestic manufacturers? If not, could India explain the differences?
    

Reply: The applicable fees under the Foreign Manufacturers Certification Scheme are equitable with those applicable to domestic manufacturers.

33. 
    Could India please confirm whether the applicable fees under the Foreign Manufacturers Certification Scheme are the same for foreign manufacturers established in members of the South Asian Association for Regional Cooperation (SAARC) as for other foreign manufacturers? If not, could India explain the differences?
    

Reply: The applicable fees under the Foreign Manufacturers Certification Scheme are not the same for foreign manufacturers established in members of the South Asian Association for Regional Cooperation (SAARC) as for other foreign manufacturers. However, in line with WTO TBT Agreement, these are equitable.

Canada 34, 35, 36:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (ix) Technical regulations and standards: (c) Certification and conformity assessment: paragraph 108, page 70:

The Secretariat's Report indicates that, "In order to implement its certification schemes, the BIS conducts conformity testing through its central laboratory at Sahibabad (near Delhi), and four regional and three branch laboratories". BIS laboratories have test facilities for most products under the Certification Marks Scheme. In addition to the BIS laboratories, services are provided by 115 national laboratories recognized under the BIS Laboratory Recognition Scheme.

34. 
    Could India please confirm whether the laboratories recognized under the BIS Laboratory Recognition Scheme could be authorized to conduct the same scope of conformity testing as the central laboratory and seven regional/branch laboratories? If not, could India explain any restrictions on the scope of conformity testing that the former laboratories can undertake?
    

Reply: Yes. The labs are recognized under BIS Lab Recognition Scheme for specific Indian standards and for such standards these recognized laboratories could be authorized to conduct the same scope of conformity testing as central laboratory and other seven labs.

35. 
    In addition to the 115 national laboratories, are there any foreign laboratories recognized under the BIS Laboratory Recognition Scheme? Do the same recognition procedures apply to foreign laboratories as to national laboratories or are there any restrictions on the recognition of foreign laboratories?
    

Reply: There are presently 121 laboratories recognized by BIS in India and no foreign lab has applied for recognition to foreign labs as that applicable to national labs.

36. 
    Is the Certification Marks Scheme the same as the Product Certification Scheme of BIS? If not, could India explain the operation of the Certification Marks Scheme?
    

Reply: Yes, the Certification Marks Scheme is the same as the Product Certification Scheme of BIS.

Canada 37, 38:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (ix) Technical regulations and standards: (d) Accreditation: paragraph 109, page 70:

The Secretariat's Report indicates that "NABL is a partner of the Asia Pacific Laboratory Accreditation Cooperation (APLAC) Mutual Recognition Arrangement and is signatory to the International Laboratory Accreditation Cooperation (ILAC)".

37. 
    Can India please indicate whether the BIS recognizes laboratories accredited by signatories to APLAC and ILAC under the Laboratory Recognition Scheme?
    

Reply: Accreditation is one of the requirements of the BIS Lab Recognition Scheme. Accreditation by signatories to APLAC/ILAC is acceptable.

38. 
    Do Indian regulatory authorities recognize laboratories or certification bodies accredited by signatories to APLAC, ILAC and/or the International Accreditation Forum (IAF)?
    

Reply: Yes, we accept certificates from accredited laboratories and certification bodies of the countries with whom we have MRA.

Canada 39:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (x) Sanitary and Phytosanitary Measures: paragraph 118, page 72:

The Secretariat's Report notes that, "India has not notified the WTO regarding the recognition of equivalence of other countries' SPS measures".

39. 
    Could India please provide more information on its equivalency agreements with other countries and the process that India uses to recognize the equivalence of other countries' SPS measures?
    

Reply: India has not signed any equivalence agreement with any country.

Canada 40:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (x) Sanitary and Phytosanitary Measures: paragraph 119, pages 72 73:

The Secretariat's Report notes that, "Once the Food Safety and Standards Regulations, 2010 and Rules 2011 are notified, the Food Safety and Standards Act 2006 will be fully implemented and will repeal some of the separate laws".

40. 
    Given India's WTO notification of August 1, 2011 of the Food Safety and Standards Regulations, 2011, what does India consider to be the major challenges and opportunities for trading countries as these new / consolidated regulatory regimes become implemented? How will the implementation of this new regulatory regime affect the respective responsibilities of the FSSAI, the Department of Animal Husbandry, Dairying and Fisheries, and the Department of Agriculture and Cooperation?
    

Reply: The Food Safety and Standards Act, Rules and Regulation intend to consolidate food laws in the country from multi level, multi licensing regime to single regulatory point. It will facilitate the trade. All food safety issues will be handled by FSSAI, however quarantine/import of live animals/feed will continue to be dealt with by the concerned ministries.

Canada 41, 42:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (x) Sanitary and Phytosanitary Measures: paragraph 121, page 73:

The Secretariat's Report notes that "Imports of animal products into India require sanitary import permits issued by the Department of Animal Husbandry, Dairying and Fisheries" and that "Some imports of animal products also require an import licence issued by the Director General of Foreign Trade". Issuance of these documents for some commodities can be dependent upon the receipt by India of appropriate documentation from the country of origin.

In 2010, Indian officials determined that Canadian certificates of origin and hygiene for fish and seafood products exported to India were not compliant with its import requirements for certain microbial contaminants. The proposed usage of a Codex Alimentarius model certificate was also determined to be insufficient. Furthermore, India is requesting that Canadian documentation for certain products indicates the absence of specific OIE listed diseases which are not associated with those products.

41. 
    Could India please explain the scientific rationale for these decisions?
    

Reply: India has different sanitary standards for different categories of fish/fishery products, and without clarity on which categories of fish products should be considered by India to be agreed for Codex Model Certificate, it is difficult to prescribe a generic certificate. Exporters are required to certify microbiological parameters to meet India's requirements. Canada is in contact with concerned Indian authorities bilaterally on this issue.

42. 
    In broader terms, can India please provide assurances that sanitary import permits will not act as a non tariff barrier to trade and that approvals / rejections of permit applications which are carried out on a case by case basis can be completed in a timely manner? Is India able to share its import risk analysis with the country / company in question upon request?
    

Reply: The sanitary import permits (SIP) do not act as non tariff barrier to trade. At present, application for SIP in case of fish/fishery products are processed on fast track. However, presently, it will not be possible for us to share import risk analysis reports etc. with other parties.

Canada 43:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (x) Sanitary and Phytosanitary Measures: paragraph 122, page 73:

The Secretariat's Report notes that "Imports of plants and plant materials are regulated under the Destructive Insects and Pests Act 1914, the Plant Quarantine (Regulation of Import into India) Order (PQO) 2003".

For some wood exports from North America it is noted that the only treatment recognized for import is methyl bromide, while in other listings both methyl bromide and kiln drying are recognized. It is further noted that PQO Section 9(1) accepts heat treatment for wood commodities, but this acceptance is not reflected in listings of species in Appendix VI of the PQO.

In most cases, heat treatment is as effective in managing pest risks as is methyl bromide treatment. For example, the IPPC has noted¹ that both methyl bromide and heat treatment are effective in managing the broad pest risks associated with wood packaging moving in international trade.

43. 
    Under what circumstances would India recognize heat treatment in listings where these are not currently prescribed for wood commodities?
    

Reply: India may consider requests from exporting countries/regions, currently not included for heat treatment, for inclusion of heat treatment as an alternative to fumigation with methyl bromide for wood commodities under Schedule VI of the PQO.

Canada 44:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practises by Measure: (3) Measures Directly Affecting Exports; (iii) Exports taxes, charges, and levies: paragraph 131, page 76:

The Secretariat's Report notes that export taxes are used as a policy instrument to, inter alia, ensure domestic supply of raw materials for higher value added industries, promote further processing of natural resources, ensure an "adequate" domestic price, and preserve natural resources".

44. 
    Is there any export tax, charge or levy that applies to forest products (logs, lumber, pulp, paper, etc.)? If so, please specify and explain the objective of this tax, charge or levy.
    

Reply: There is no export duty on forest products (logs, lumber, pulp, paper, etc.).

Canada 45:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (4) Measures Affecting Production and Trade; (v) Government Procurement: (a) Overview: paragraph 219, page 106:

The Secretariat's Report states that, "According to the authorities, reforms to date have moved India towards a more transparent and competitive procurement framework."

45. 
    Could India please indicate which specific reforms the Secretariat is referring to?
    

Reply: Transparency and fairness in GP are values that have stand alone significance for India purely in the domestic context. We are engaged in improving our procurement systems. A number of steps have been taken in the direction of transparency and the substantive procedural requirements to achieve them, publication of contract awards, tendering through effective advertisement for open tenders; non discriminatory tender conditions and technical specifications, public tender opening, bid evaluation based on pre disclosed criteria and methodology; post award contract execution, e procurement etc. In addition, establishment of legislative framework for public procurement is under consideration of the Government.

Canada 46:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (4) Measures Affecting Production and Trade; (v) Government Procurement: (a) Overview: paragraph 220, page 106:

The Secretariat's Report states that, "the Central Government has set reservations and price preferences as part of the procurement system."

46. 
    Could India please specify the reservations and the price preferences that it applies as part of its procurement system?
    

Reply: Transparency and fairness in GP are values that have stand alone significance for India purely in the domestic context. We are engaged in improving our procurement systems. However, carve outs and offsets are essential for the development of the sensitive sectors in a developing economy like India, and has been availed of even by other GPA signatories. The Central Government, through administrative instructions, has reserved certain products for procurement from specific sectors such as MSMEs, KVIC etc. and have been allowed price preference to a specified level. For example, 358 products belonging to respective industry sectors are reserved for procurements from Micro and Small Enterprises (MSEs) by State/
Central Ministries/Departments/PSUs. Instructions relating to price preference/reservation for procurement of certain items/categories of suppliers are issued by certain Ministries/Departments such are D/o Public Enterprises and M/o Micro, Small and Medium Enterprises.

Canada 47:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (4) Measures Affecting Production and Trade; (v) Government Procurement: (a) Overview: paragraph 221, page 106:

The Secretariat's Report states that, "Some states (Tamil Nadu and Karnataka) have also passed laws to regulate public procurement."

47. 
    Could India please provide electronic links to these laws?
    

Reply: The corresponding websites are indicated below:

1. 
   Karnataka Transparency in public procurement Act of 1999: http://www.kar.nic.in/
   finance/trans/Trans-Act.pdf.
   
2. 
   TN transparency in tender Act 1998: http://www.tn.gov.in/acts rules/finance/
   tender_act.pdf.
   
3. 
   TN transparency in tender rules 2000: http://www.tn.gov.in/acts rules/finance/
   tender_rules.pdf.
   

Canada 48, 49:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (4) Measures Affecting Production and Trade; (v) Government Procurement: (b) Regulatory Framework: paragraph 224, page 107:

The Secretariat's Report states that, "India does not have a unified piece of legislation regulating government procurement." The Report also states that there are sectoral laws which also regulate public procurement in addition to various government instruments and agencies including ministries and departments with their own public procurement systems.

48. 
    Given the many policies and regulations applying to procurement, how do suppliers determine which rules are relevant for a given procurement?
    

Reply: Rule 137, 160 and 161 of the General Financial Rules contain the basic principles of public buying. Chapter 6 of the General Financial Rules, 2005 contains general rules applicable to all Ministries or Departments regarding procurement of goods, engagement of consultants and outsourcing of services. Detailed instructions relating to the procurement of goods can be issued by the procuring ministries/departments in conformity with the general rules contained in this chapter.

49. 
    Could India please provide electronic links to the principle components of its regulatory framework for public procurement?
    

Reply: General Financial Rules, 2005, which contain the basic principles of public buying, is available at the website: http://finmin.nic.in/the_ministry/dept_expenditure/GFRS/
GFR2005.pdf. Establishment of a legislative framework for public procurement is under consideration of the Government of India.

Canada 50:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (4) Measures Affecting Production and Trade; (v) Government Procurement: (b) Regulatory Framework: paragraph 227, page 107:

The Secretariat's Report states that, "Only the winning bidder is informed of the result of the bid evaluation."

50. 
    How is the winning bidder informed that it has won the bid evaluation? Do the other bidders find out whether a decision has been made, and if so, how?
    

Reply: In DGSandD rate contract system, when contract is awarded to the bidder same is uploaded in its website on real time basis and the contract can be viewed by any person logging in to the website www.dgsnd.gov.in. Most tenders are opened publicly and the participating suppliers are present at the bid opening.

Canada 51, 52, 53:

Report by the Secretariat (WT/TPR/S/249): Part III. Trade Policies and Practices by Measure: (4) Measures Affecting Production and Trade; (v) Government Procurement: (b) Regulatory Framework: Table III.27, page 108:

51. 
    Can India please clarify whether the requirement to publish tenders valued above Rs 2.5 million in the Indian Trade Journal applies to only central entities?
    

Reply: Yes.

52. 
    Do state level entities have similar publication requirements?