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8/8/2019 Environment p A
1/27
CHANDRA SHEKHARDeputy Director General
Bureau of Indian Standards
New DelhiINDIA
www.bis.org.in
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REGULATORY REQUIREMENTS IN
INDIA
To safeguard health and safety, Government of IndiaTo safeguard health and safety, Government of Indiapromulgates regulatory requirements for manufacturepromulgates regulatory requirements for manufactureand sale of goods and services, including those importedand sale of goods and services, including those imported
Regulations are stipulated through Various Acts/ Rules &Regulations are stipulated through Various Acts/ Rules &Regulations by different Ministries under Government ofRegulations by different Ministries under Government ofIndiaIndia
Enactment of Acts, Rules & Regulations is done takingEnactment of Acts, Rules & Regulations is done takingcognizance of the relevant WTO Agreementscognizance of the relevant WTO Agreements
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REGULATORY REQUIREMENTSREGULATORY REQUIREMENTS-- KeyKey
ConsiderationsConsiderations
Regulatory measures should be minimum requiredRegulatory measures should be minimum required
Regulatory measures should have minimum complianceRegulatory measures should have minimum compliancecostscosts
Regulatory measures should benefit societyRegulatory measures should benefit society
Regulatory measures should comply with the laws of theRegulatory measures should comply with the laws of thecountrycountry
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REGULATORY REQUIREMENTSREGULATORY REQUIREMENTS-- KeyKey
Considerations (contd)Considerations (contd)
Regulations should be made & enforced in a transparentRegulations should be made & enforced in a transparentmannermanner
Regulations should be fair and treat all equitablyRegulations should be fair and treat all equitably
Regulations should be drafted in clear and simpleRegulations should be drafted in clear and simplelanguage for understanding of alllanguage for understanding of all
Regulatory measures should be flexible for amendments/Regulatory measures should be flexible for amendments/revision , if required due to changed circumstancesrevision , if required due to changed circumstances
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FOREIGN TRADEFOREIGN TRADE
QUALITY REGULATIONS IN INDIAQUALITY REGULATIONS IN INDIA
FOR IMPORTS:FOR IMPORTS:
Directorate General of Foreign TradeDirectorate General of Foreign Trade
Relevant Regulatory AgencyRelevant Regulatory Agency
BIS for 68 ProductsBIS for 68 Products
FOR EXPORTS:FOR EXPORTS:
Export Inspection CouncilExport Inspection Council
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SOME ACTS/ REGULATIONS/SOME ACTS/ REGULATIONS/CONTROL ORDERS TOCONTROL ORDERS TO
REGULATE TRADE IN INDIAREGULATE TRADE IN INDIA
AGENCIES INVOLVEDAGENCIES INVOLVED
Prevention of Food Adulteration ActPrevention of Food Adulteration Act19541954(on the pattern of USFDA)(on the pattern of USFDA)
Directorate General of HealthDirectorate General of HealthServicesServices
Plant Quarantine (Regulation ofPlant Quarantine (Regulation ofImport into India) Order, 2003Import into India) Order, 2003
Department of Agriculture &Department of Agriculture &CooperationCooperation
Insecticides ActInsecticides Act Deptt. Of Agriculture and coDeptt. Of Agriculture and co--operationoperation
Fruit Products Order, 1955Fruit Products Order, 1955 Ministry of Food ProcessingMinistry of Food ProcessingIndustriesIndustries
Meat Food Product Order 1973Meat Food Product Order 1973 Ministry of Food ProcessingMinistry of Food ProcessingIndustriesIndustries
Milk and Milk Product Order 1992Milk and Milk Product Order 1992 Directorate General of HealthDirectorate General of HealthServicesServices
Standards on Weight andStandards on Weight andMeasurement Act 1976Measurement Act 1976
Department of Legal MetrologyDepartment of Legal Metrology
Bureau of Indian Standards act, 1986Bureau of Indian Standards act, 1986 Department of Consumer Affairs,Department of Consumer Affairs,Govt. of IndiaGovt. of India
AGMARK Act 1937AGMARK Act 1937 Directorate of Marketing andDirectorate of Marketing andInspectionInspection
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SOME ACTS/ REGULATIONS/SOME ACTS/ REGULATIONS/CONTROL ORDERS TO REGULATECONTROL ORDERS TO REGULATE
TRADE IN INDIATRADE IN INDIA
AGENCIES INVOLVEDAGENCIES INVOLVED
Drugs & Cosmetics RulesDrugs & Cosmetics Rules Ministry of Health & FamilyMinistry of Health & FamilyWelfareWelfare
Textiles Regulation 1988Textiles Regulation 1988 Ministry of TextilesMinistry of Textiles
Export (Quality Control andExport (Quality Control andInspection) Act, 1963Inspection) Act, 1963
Export Inspection Council ofExport Inspection Council ofIndiaIndia
Indian Explosives Act,1884Indian Explosives Act,1884 Chief Controller of ExplosivesChief Controller of Explosives
Mines ActMines Act Directorate General of MinesDirectorate General of MinesSafetySafety
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ACTS/ REGULATIONS/ CONTROLORDERS
To regulate trade
through Mandatory Certification byBIS
PRODUCTS
Prevention of Food Adulteration Act1954
Infant Milk Products, Packaged
Drinking Water and Natural Mineral
Water
The Infant Milk Substitutes, FeedingBottles and Infant Foods (regulation ofproduction, supply and distribution),Act
Plastic Feeding Bottles
Bureau of Indian Standards Act, 1986 Electrical Wires, Cables, Appliances
and Protection Devices and
Accessories
Indian Explosive Act,1884 Gas Cylinders
Bureau of Indian Standards Act, 1986 Clinical Thermometers
Essential Commodities Act,1955 Pressure stoves, Steel Tubes
Environment (Protection), Act 1986 Compression ignition (diesel)engines
Bureau of Indian Standards Act, 1986 Cement
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BUREAU OF INDIAN STANDARDSBUREAU OF INDIAN STANDARDS
INDIAN STANDARDS INSTITUTION [now known as BUREAU OFINDIANINDIAN STANDARDS INSTITUTION [now known as BUREAU OFINDIANSTANDARDS( BIS)] set up on 6 JANUARY 1947STANDARDS( BIS)] set up on 6 JANUARY 1947
BIS is functioning under MINISTRYOF CONSUMER AFFAIRS, FOOD AND PUBLICBIS is functioning under MINISTRYOF CONSUMER AFFAIRS, FOOD AND PUBLICDISTRIBUTION, GOVT OFINDIA as a statutory body under BIS ACT, 1986 withDISTRIBUTION, GOVT OFINDIA as a statutory body under BIS ACT, 1986 witheffect from 1 APRIL 1987effect from 1 APRIL 1987
NATIONAL STANDARDS BODY ofINDIANATIONAL STANDARDS BODY ofINDIA
OBJECTIVESOBJECTIVES
Harmonious, development of standardization and quality control in national andHarmonious, development of standardization and quality control in national and
international arenainternational arena
Certification schemes for products and systemsCertification schemes for products and systems
Growth and development ofIndian industry, commerce and exportsGrowth and development ofIndian industry, commerce and exports
Consumer protectionConsumer protection
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APPROACH TO STANDARDIZATIONAPPROACH TO STANDARDIZATION
Standards formulated by BIS areStandards formulated by BIS areprimarily, voluntary in natureprimarily, voluntary in nature
Through various Acts/ Regulations, outThrough various Acts/ Regulations, outof the more than 18 000 standardsof the more than 18 000 standardsformulated so far, only 68 standardsformulated so far, only 68 standardsare subject to Mandatory Certificationare subject to Mandatory Certification
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ManufacturersManufacturers
Consumers,Consumers, Government
Departments
Technologists ,Technologists , Regulating
Authorities, Testing
Laboratories, Consultants,
Universities, Other Experts
TECHNICAL COMMITTEESTRUCTURE
(Members From)
ManufacturersManufacturers
Consumers,Consumers,GovernmentDepartments
Technologists , RegulatingAuthorities, TestingLaboratories, Consultants,Universities, Other Experts
BASIC APPROACHBASIC APPROACH
Consensus PrincipleConsensus Principle
BalancedBalancedCommitteeCommitteeStructureStructure
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STANDARDS FORMULATIONSTANDARDS FORMULATION--BASIC STEPSBASIC STEPS
Accepted Code of Good Practice of TBT AgreementAccepted Code of Good Practice of TBT Agreement
International standards/ their relevant parts areInternational standards/ their relevant parts areused in standards settingused in standards setting
However in case of fundamental technical/However in case of fundamental technical/geographical/ climatic problems, standards are setgeographical/ climatic problems, standards are setas per national requirementsas per national requirements
As NSB BIS takes full part in the development ofAs NSB BIS takes full part in the development ofInternational Standards, relevant to the nationalInternational Standards, relevant to the national
needs.needs.
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STANDARDS FORMULATIONSTANDARDS FORMULATION--
CONSENSUS & TRANSPARENCYCONSENSUS & TRANSPARENCY
All standards are widely circulated at draft stageAll standards are widely circulated at draft stage
Period of comments is generally not less than 3Period of comments is generally not less than 3months,months,
For urgent reasons pertaining to safety, health orFor urgent reasons pertaining to safety, health orenvironment, period can be reducedenvironment, period can be reduced
Drafts documents are hosted on BIS website forDrafts documents are hosted on BIS website forpublic commentspublic comments
All comments are duly considered by theAll comments are duly considered by theappropriate authoritiesappropriate authorities
Programme of Work is published and also hosted onProgramme of Work is published and also hosted onBIS website and is periodically updatedBIS website and is periodically updated
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STANDARDS FORMULATEDSTANDARDS FORMULATED
OVERVIEWOVERVIEW INDIAN STANDARDS PUBLISHEDINDIAN STANDARDS PUBLISHED -- 1831518315
CORRESPONDING ISO/IEC STANDARDSCORRESPONDING ISO/IEC STANDARDS -- 58215821
STANDARDS HARMONIZED WITH ISO/IECSTANDARDS HARMONIZED WITH ISO/IECSTANDARDSSTANDARDS(About 76%)(About 76%) -- 44494449
DIVISIONAL COUNCILSDIVISIONAL COUNCILS 1414
TECHNICAL COMMITTEES 301TECHNICAL COMMITTEES 301
TECHNICAL EXPERTSTECHNICAL EXPERTS 1175011750
(Sec. Com+ Sub Com+ Panel)(Sec. Com+ Sub Com+ Panel)
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FIRST
DRAFT
CIRCULATIONTO
COMMITTEE
MEMBERS
P-DRAFT
COMMENTS
CIRCULATION
TO
COMMITTEE
MEMBERS
COMMENTS
PUBLIC
CIRCULATION
COMMENTS
NATIONAL
STANDARD
NEW
WORK
ITEM
MEETINGWC
DRAFT
ADOPTION -- DIVISION
COUNCIL
F-DRAFT
STANDARD
MEETING
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CONFORMITY ASSESSMENTCONFORMITY ASSESSMENT
PRACTICESPRACTICES
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CERTIFICATION ACTIVITIES OF BISCERTIFICATION ACTIVITIES OF BIS
OperatingOperating underunder anan ActAct ofof IndianIndian ParliamentParliament (BIS(BIS ActAct19861986))
OffersOffers thirdthird partyparty assuranceassurance
BasedBased onon wellwell defineddefined schemescheme ofof testingtesting andandinspectioninspection
EnsuringEnsuring adequacyadequacy ofof inin--processprocess qualityquality controlcontrol
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CERTIFICATION ACTIVITIES OF BISCERTIFICATION ACTIVITIES OF BIS
(contd.)(contd.)
Supported by:Supported by:
Testing LaboratoriesTesting Laboratories
BIS LabsBIS Labs
Other LabsOther Labs
Accreditation under National Laboratory AccreditationAccreditation under National Laboratory Accreditation
Scheme according to ISO/IEC 17025Scheme according to ISO/IEC 17025
Traceability to APLAC/ILAC.Traceability to APLAC/ILAC.
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CERTIFICATION SCHEMECERTIFICATION SCHEME
Based on Type 5 of ISO Guide 28 which includes:Based on Type 5 of ISO Guide 28 which includes:
Type testing and assessment of factory quality controlType testing and assessment of factory quality control
and its acceptance followed byand its acceptance followed by
Surveillance that takes into account audit of factorySurveillance that takes into account audit of factoryquality control, andquality control, and
Testing of samples both from factory andTesting of samples both from factory and open marketopen market
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CERTIFICATION SCHEME FORCERTIFICATION SCHEME FORFOREIGN MANUFACTURERSFOREIGN MANUFACTURERS
Scheme for Foreign ManufacturersScheme for Foreign Manufacturers
9393 licenceslicences grantedgranted inin 1616 countriescountries suchsuch asas France,France,UAE,UAE, SouthSouth Korea,Korea, Nepal,Nepal, Switzerland,Switzerland, ThailandThailandBhutan,Bhutan, China,etcChina,etc..
ProductsProducts certifiedcertified includeinclude PackagedPackaged DrinkingDrinking Water,Water,Cement,Cement, WoodWood Products,Products, SteelSteel Products,Products, MilkMilkProducts,Products, ClinicalClinical Thermometers,Thermometers, EnergyEnergy Meters,Meters,ElectricalElectrical AppliancesAppliances && SwitchgearSwitchgear itemsitems etcetc..
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NOTIFICATION PRACTICESNOTIFICATION PRACTICES
Criteria for notification includes assessment of:Criteria for notification includes assessment of:
whether international standard exists or technical contentwhether international standard exists or technical contentdiffers from international standardsdiffers from international standards
impact of regulation on tradeimpact of regulation on trade
whether regulation deals with technical requirements or SPSwhether regulation deals with technical requirements or SPSmeasures for a product/group of products (relevance under themeasures for a product/group of products (relevance under theTBT and SPS Agreements)TBT and SPS Agreements)
Various sources that are consulted:Various sources that are consulted:
TBT Agreement, and relevant Committee recommendations andTBT Agreement, and relevant Committee recommendations anddecisionsdecisions
regulatory agency responsible for the regulationregulatory agency responsible for the regulation
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NOTIFICATION PROCEDURESNOTIFICATION PROCEDURES
PREPARATIONPREPARATION
Initiated by regulator of proposed legislationsInitiated by regulator of proposed legislations
Complete notification format by the Regulatory Body inComplete notification format by the Regulatory Body inconsultation with Ministry of Commerceconsultation with Ministry of Commerce
Clear and descriptive outline of the regulatory proposalClear and descriptive outline of the regulatory proposal
Give adequate time to comment on the proposalGive adequate time to comment on the proposal
Reasonable time for adoption of measureReasonable time for adoption of measure
SUBMISSIONSUBMISSION Prepared notifications are sent to WTO Central Registry ofPrepared notifications are sent to WTO Central Registry of
Notifications (CRN) by National Notification AuthorityNotifications (CRN) by National Notification Authority
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MOUs/ MRAsMOUs/ MRAs-- TOOLS FOR REGULATORYTOOLS FOR REGULATORY
COOPERATIONCOOPERATION
BIS has signed MOUs with 15 countries with a view toBIS has signed MOUs with 15 countries with a view to
Enhance cooperation in standardisation & conformityEnhance cooperation in standardisation & conformityassessmentassessment
Facilitate sharing of expertise and mutual tradeFacilitate sharing of expertise and mutual trade
MRA with SRILANKA :MRA with SRILANKA :
Trade FacilitationTrade Facilitation
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INDO US COOPERATIONINDO US COOPERATION
INITIATIVEINITIATIVEINDO US Portal is a commitment by BIS & ANSI to:INDO US Portal is a commitment by BIS & ANSI to:
Provide common platform for required transparencyProvide common platform for required transparency
Facilitate sharing of information on trade issuesFacilitate sharing of information on trade issues
Provide mutual support at international foraProvide mutual support at international fora
Facilitate harmonisation of Standards & ConformityFacilitate harmonisation of Standards & ConformityAssessment Procedures through increasedAssessment Procedures through increasedtransparencytransparency
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REGIONAL COOPERATIONREGIONAL COOPERATIONINITIATIVESINITIATIVES
Establishment of SARSO (South Asian Regional StandardsEstablishment of SARSO (South Asian Regional StandardsAssociation)Association)
Objectives:Objectives:
Coordination & Cooperation between SAARC countries inCoordination & Cooperation between SAARC countries instandards & Conformity Assessmentstandards & Conformity Assessment
Develop harmonised standardsDevelop harmonised standards
Facilitate intra regional tradeFacilitate intra regional trade
Promote MRAs on conformity assessmentPromote MRAs on conformity assessment
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THANK YOUTHANK YOU