Reply: All relevant aspects are taken into account before adopting mandatory certification of products under BIS.
Could India explain if a proportionality check is systematically carried out in order to ensure that:
a) technical regulations are not more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create (Article 2.2 of the TBT Agreement)?
Reply: None of our technical regulations are more trade-restrictive than necessary to fulfil a legitimate objective.
b) that conformity assessment procedures are not more strict or applied more strictly than is necessary to give the importing Member adequate confidence that products conform with the applicable technical regulations or standards, taking account of the risks non-conformity would create (Article 5.1.2 of the TBT Agreement)?
Reply: None of our conformity assessment procedures are more strict or applied more strictly than is necessary.
Could India clarify on which grounds in addition to third party testing carried out in India laboratories, information on the production process is required (including installed capacity production and prices) to obtain BIS licence?
Reply: Information on production process is required to judge the competency of a manufacturer to produce products as per the relevant Indian standards. Information on installed capacity and prices helps in preparing the scheme of testing and inspection.
