G/TBT/W/479  
 
17 April 2018  
(18-2334) 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 TELECOMMUNICATIONS, 
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  
21 AND 22 MARCH 2018  
The fo llowing communication, dated 16  April 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 urg ent to clarify the 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 da te of implementation ? 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 standar ds 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 connected to Indian networks. The Eur opean 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 modalities, 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 recognition of test results carried ou t 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 CCRA1, the European Union considers that accepting test 
results of qualified laboratories holding accreditation from ILAC MRA2 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 authori ties.  
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 pro ven track record, who had 
                                                
1 Common Criteria Recognition Arrangement  
2 International Laboratory Accreditation Cooperation Mutual Recognition Agreement  G/TBT/W/479  
 
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  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 
competent 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 the public comment procedure on " Promoting Local Telecom Equipment 
Manufacturing'', recently launched by India.  
 
 
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