G/TBT/W/540  
 
20 June 2018  
(18-3881) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
 
INDIA — TESTING AND CERTIFIC ATION OF TELEGRAPH ( THE INDIAN  
TELEGRAPH (AMENDMENT) R ULES, 2017)  
STATEMENT BY THE UNI TED STATES TO THE COMMITTEE ON TECHNICAL BARRIERS T O TRADE  
20 AND 21  JUNE 2018 
The following communication, dated 20 June 2018 , is being circulated at the request of the 
delegation of the United States . 
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1.  India notified the India Telegraph (Amendment) Rules, 2017 to the WTO on 6 December 2017 
for a 60 -day comment period noting the proposed date of adoption of this amendment was 
5 September 2018 with entry into force 1 October  2018. U S industry commented through the 
Indian domestic consultation on 23 October  2017 with its Indian trade association counterparts.  
2.  The certification requirements cover a wide range of tele com equipment, and include a 
disparate array of technical requirements. We note exemptions for research and development, 
demonstration activities and personal travel equipment. Categories of testing covered by the 
essential requirements are radio frequency  safety, EMI/EMC and security.  
3.  The amendment requires testing and certification for all telegraph equipment by a Telecom 
Engineering Center (TEC) designated domestic conformity assessment body (CAB), any TEC 
recognized CAB of an MRA partner, or by one of the four Government of India Regional 
Telecommunications Engineering Center (RTEC) laboratories.  
4.  Once again, we are taking the floor to express concerns about how Indian imposes duplicative, 
local testing and certification requirements on products, which other WTO Members accept  through 
Suppliers Declaration of Conformity (SDOC), ILAC accredi ted laboratories  or the IECEE CB 
Scheme. Acceptance of SDOC or recognition through international conformity assessment schemes 
are less trade restrictive means of achi eving India 's legitimate objectives of safety and security.  
5.  While we are appreciative that India will accept test results from ILAC accredited laboratories 
located outside India until 1 March  2019, we are unsure why that practice  could not continue past 
that date.  
6.  The United States is also interested in better understanding how to pursue the MRA partner 
option, and which WTO Members are India 's current MRA partners. We have not seen notifications 
of MRAs by India, under Article 10.7.  
7.  It also appears that th e TEC has been given the a uthority to add to the list of essential 
requirements and modify other testing requirements at any time; creating a high degree of 
uncertainty for OEMs. Industry is also concerned there are not enough laboratories in India 
accredi ted to the scope of testing required by the certification program. As a result, significant 
backlogs of products waiting to be tested will delay products time to market. OEMs will incur 
additional fees for TEC certification on products that have already be en tested and certified.  
8.  We are concerned there maybe overlapping certification requirements between this measure 
and the Compulsory Registration Order managed by MEITY. Have the agencies coordinated to 
eliminate duplicative testing?  G/TBT/W/540  
 
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  9.  The United States rec ognizes India 's concerns about security. However, we strongly urge the 
Minist ry of Telecommunications to reconsider implementing the TEC certification in a less trade 
restrictive means for accepting test results from conformity assessment bodies or suppliers.  
 
 
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