G/TBT/W/553  
 
9 July 2018  
(18-4296) Page: 1/2 
Committee on Technical Barriers to Trade   Original: English  
 
INDIA — NEW TELECOMMUNICATIO NS RELATED RULES (DE PARTMENT OF 
TELECOMMUNICATIONS, NO. 842 -725/2005 -VAS/VOL.III (3 DECEM BER 2009); NO. 10 -
15/2009 -AS-III/193 (18 MARCH 20 10); AND NOS. 10 -15/2009 -
AS.III/VOL.II/(PT.)/ (25-29) (28 JULY 2010); DEPARTMENT OF TELECO MMUNICAT IONS, 
NO. 10 -15/2009 -AS.III/VOL.II/(PT.)/ (30) (28 JULY 2010) AND ACCOMPANYING 
TEMPLATE, "SECURITY AND BUSINESS CONTINU ITY AGREEMENT")  
STATEMENT BY THE EUR OPEAN UNION TO THE C OMMITTEE ON TECHNICA L BARRIERS TO TRADE  
20 AND 21 JUNE  2018 
The fo llowing communi cation, dated 9 July  2018, is being circulated at the request of the 
delegation of the European Union .  
 
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1.  The European Union appreciates the clarifications and explanations given by India at previous 
meetings. It is now urgent to clarify t he effective date of entry into force of the testing 
requirements, which we understand has been postponed until 1 October 2018 (with  Gazette 
Notification of 5 September 2017) .  
2.  Could India please confirm if this will now be the effective date of implementa tion? During the 
India-EU Subcommittee on Trade on 6 June India had informed that several notifications will 
specify products for which in country testing and certification will be made mandatory. Could India 
clarify when these notifications shall be publi shed, and which products are envisaged to be 
covered.  The European Union stresses the need to allow adequate time before the entry into force 
of these requirements in order for affected stakeholders to have an opportunity to review the final 
requirements, including any applicable standards and procedures.  
3.  In this context, the European Union is concerned with the possible extension of the 
requirement of in -country testing/certification not only of telecom network elements, but also all 
equipment to be conne cted to Indian networks. The European Union would appreciate confirmation 
from India as to the scope of the measures.  
4.  The definitions of "essential requirement" and "regulatory domain" remain unclear, could India 
clarify this further? On testing modalitie s, the European Union is of the view that such batch 
testing would be unnecessary and excessively burdensome. Has India considered type testing, the 
results of which could then be applied to all products covered by the same production series?  
5.  On the recogn ition of test results carried out outside India, the European Union would like to 
reiterate its concerns that in -country testing does not appear to add any value in terms of 
enhanced security of the covered equipment.  
6.  For elements not covered by the CCRA 1, the European Union considers that accepting test 
results of qualified laboratories holding accreditation from ILAC MRA 2 signatories would be 
appropriate. These test results could be the basis for certificates to be issued in India by 
certification bodies  approved by the Indian authorities.  
                                                
1 Common Criteria Recognition Arrangement  
2 International Laboratory Accreditation Cooperation Mutual Recognition Agreement  G/TBT/W/553  
 
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  7.  Moreover, the European Union is of the view that India should consider providing some 
flexibility for companies which have a proven track record considering that current rules foresaw a 
self-declaration of compliance. Therefore, companies with a proven track record, who had 
consistently demonstrated their ability to self -certify products and to supply compliant products to 
the market should continue to be accredited, and be certified by adequately accredited and 
compete nt in-house laboratories.  
8.  Finally, the EU would like to note that these testing and certification related rules should also 
be looked at in the broader perspective of policies affecting the telecom sector, in that regard the 
EU is also closely following th e public comment procedure on "Promoting Local Telecom Equipment 
Manufacturing'', recently launched by India.  
 
 
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