World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

Non Tariff Measures

New Zealand 8:

Report by the Government of India (WT/TPR/G/249): pg 22, para 72:

New Zealand shares India's concern about the danger of non tariff measures (SPS/TBT) increasing. We look forward to continuing to work constructively with India's SPS competent authorities to ensure measures taken to protect human, animal or plant life or health are based on scientific evidence and are applied in a manner that is least trade restrictive. We note that the WTO report, pg xii, para 17: states that in 2006 India passed the Food Safety and Standards Act to consolidate separate laws and to establish an institution to deal with SPS issues. New Zealand understands that as a result of this Act, the Food Safety and Standards Authority of India (FSSAI) has been established and that the Food Safety and Standards Regulations 2011 have just been published. New Zealand would be grateful for India's confirmation that this is the case and advice on whether there are any notifications outstanding in this regard.

Reply: Food Safety and Standards Rules 2011 and Food Safety and Standards Regulation, 2011 were notified vide Gazette Notification dated on 5 May 2011 and 1 August 2011 respectively by the Government of India and are available on the FSSAI website: fssai.gov.in. The FSS Act came into effect from 5 August 2011.

Government Procurement

New Zealand 9:

What steps has India taken towards development of professional procurement capability in government agencies?

Reply: The Ministries and Departments have been delegated full powers to make their own arrangements for procurement of goods and services as per the guidelines content in the GFRs A Ministry or Department may also project its indent to the Central Purchase Organisation (e.g. DGSandD), who have the dedicated expertise in the relevant technical fields. Improvements in the procurement procedures and systems is an ongoing exercise.

New Zealand 10:

Report by the Secretariat (WT/TPR/S/249): pg 235, para 322: The report notes that "rate contracts" are concluded by inviting bids from suppliers, including foreign suppliers and their Indian agents, registered with the DGSandD, the National Small Industries Corporation (NSIC) and the Ministry of Defence. What is the registration procedure for foreign suppliers?

Reply: The detailed procedures and guidelines for registration of suppliers including foreign suppliers with DGSandD is given in DGSandD website www.dgsnd.gov.in link registration forms and guidelines. Ministry of Micro, Small and Medium Enterprises (MSME), through National Small Industries Corporation (NSIC), registers domestic micro and small enterprises (MSEs).

New Zealand 11:

Report by the Secretariat (WT/TPR/S/249): pg 233, para 319, regarding selection of bidders, notes that "only the winning bidder is informed of the result of the bid evaluation. The reasons for selecting bidders are recorded but not disclosed". As a healthy culture of transparency in procurement as well as supplier development would be supported by requirements for publication of contract award information and debriefing of unsuccessful suppliers on request, we strongly urge India to include such measures in its procurement reforms.