World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Special provisions are proposed to be made in the "Draft Food Safety and Standards (Food Import) Regulations, 2011" to facilitate fast clearance of perishable food items.

WTO Secretariat's report, page 73, para. 121

Imports of animal products into India require sanitary import permits issued by the Department of Animal Husbandry, Dairy and Fisheries; permits must be obtained prior to shipping from the country of origin. The Department approves or rejects the application after an import risk analysis on a case by case basis.

11. 
    Which are the criteria that India is using for the import risk analysis for the approval of an application on a case by case basis? Does India possess a risk assessment based on science when it deviates from the relevant international standards of the World Animal Health Organization (OIE)? If so, would India be able to share this risk assessment upon request, in particular for the following import conditions: poultry, pig and pig products, dairy products, and genetic material? What are the procedures and time frame for obtaining such permits?
    

Reply: The Indian health certificates for import of livestock/animal products are notified after approval by competent authority on recommendation made by technical experts based on risk assessment and science. On a case to case basis, request for import applications are deliberated in the meeting of "Committee on Risk Analysis" comprising technical members who provide inputs based on science, domestic regulations and consistent with the Indian health certificate for deciding the application for import.  India has shared with EU the scientific basis for the conditions in the Indian health certificates for import of poultry, pig and pig products, dairy products, and genetic material, which is uniformly applicable to all countries. The requests for issue of import permits are considered on a fortnightly basis and permits are issued within 30 days for applications submitted with all required information.

WTO Secretariat's report, page 73, para. 121 122

Article 6 of the SPS Agreement states that 'Members shall, in particular, recognise the concepts of pest  or disease free areas and areas of low pest or disease prevalence'. The EU noted that import conditions of animals and animal products into India do not foresee the possibility to recognise the concepts of disease free areas.

11. 
    Will India consider recognising the concept of disease free areas? When does India intend to include into its import conditions for animals and animal products the possibility to recognise disease free areas from trading partners in line with the WTO SPS agreement? Could India clarify whether it recognises the concept of pest free areas as referred to by The International Plant Protection Convention (IPPC)? If so, could India provide further information on the procedure to be followed? What are the procedures and time frame for obtaining such recognition?
    

Reply: India maintains that the entire country free from disease is the most suitable and appropriate option to prevent ingress of diseases.  However in case of certain diseases establishments which are free from diseases are accepted. India is open to discussion on acceptance of disease free "compartments" for trade.

WTO Secretariat's report, page 73, para. 122 123

Phytosanitary import requirements have been established for a number of plants and plant products/origins by India. The establishment and implementation of new regulation include lengthy procedures, and is therefore considered not being trade friendly. Particularly, the pest risk assessment (PRA) may be pending and the timeframe not foreseeable. This sets barriers not only to trade in new products, but also to the development of alternative phytosanitary measures.

11. 
    Could India indicate the procedure for carrying out a PRA? Could India indicate a timeframe needed for finalising a PRA? Does India intend to improve the Pest Risk Assessment process with the objective of minimising negative trade effects?
    

It is mentioned that products listed in Schedule VII of the PQ Order 2003 May be imported without import permit but may be required to fulfil other conditions, such as fumigation. India requires, for several plant products, treatment with Methyl Bromide (MB) prior to export. MB is addressed in the Montreal Protocol on Substances that Deplete the Ozone Layer, and by the International Plant Protection Organisation IPPC, and should not be used.

Reply: India conducts PRA as per the guidelines contained in ISPM No. 2 – Framework for Pest Risk Analysis, ISPM No. 11 – Pest risk analysis for quarantine pests, including analysis of environmental risks and living modified organisms, ISPM No. 21 – Pest Risk Analysis for Regulated non quarantine pests and ISPM No. 3 – Guidelines for the Export, Shipment, Import and Release of biological control agents and other beneficial organisms besides the other relevant ISPMs.