World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio



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Canada 24:

Report by the Secretariat (WT/TPR/S/249): 1Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (viii) Contingency Measures: (b) Safeguards: paragraph 95, page 66:

The Secretariat's Report states that India's safeguard legislation was amended in 2010 to allow for the use of quantitative restrictions as remedy measures.

  1. As India was already the most active user of safeguard measures, why was it decided that India needed even greater flexibility to impose safeguard measures, and what additional objectives are achieved through the use of quantitative restrictions?

Reply: The amendment to the Foreign Trade (Development and Regulation) Act (FTDR Act) was made through an Amendment Act of 2010 in August 2010 to make the enabling provisions for imposition of quantitative restrictions as safeguard measures in accordance with the Safeguards Agreement. The existing Safeguard Rules permit imposition of safeguard measures through tariff increase.

Canada 25:

Report by the Secretariat (WT/TPR/S/249): 1Part III. Trade Policies and Practices by Measure: (2) Measures Directly Affecting Imports; (viii) Contingency Measures: (b) Safeguards: paragraph 97, page 66:

The Secretariat's Report indicates that only two safeguard investigations were initiated in 2008, but that thirteen were initiated during 2009. This increase in safeguard investigations is particularly troublesome given that global trade volumes reduced significantly in 2009.

  1. Could India provide more explanation for this increase in safeguard investigations, particularly in the context of its pledge to reject protectionism and promote an open global economy?

Reply: Even though thirteen cases were initiated during 2009, safeguard measures were imposed in only four cases for a brief period after detailed investigations and due consideration of evidence on record, which clearly shows India's resolve to promote an open global economy. At present only one safeguard measure is in force.

Canada 26:

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: (b) Technical regulations: paragraph 104, page 68:

The Secretariat's Report describes the process for the development of technical regulations, including notification processes, assessments and public comment periods.

  1. Can India please provide an update regarding the status of the medical device regulation?

    1. Specifically, are there plans to reintroduce legislation to consolidate laws related to medical devices and to establish a medical device regulatory authority?

Reply: The proposal to reintroduce the Drugs and Cosmetics (Amendment) Bill 2007 is under active consideration of the Ministry of Health and Family Welfare. There is no proposal under consideration to establish separate Medical Device Regulatory Authority.

    1. If so, what is the expected timeline for enactment of the legislation?


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