13.

Encourages the negotiators to make good progress in achieving a comprehensive, mutually beneficial, state-of-the-art, WTO-compatible and rules-based free trade agreement, giving priority to areas conducive to sustainable growth and addressing inequalities and the digital and green just transitions, as follows: (i) the comprehensive elimination of tariffs and quotas on a reciprocal basis, while paying attention to sensitive products and ensuring that reductions will not be compensated by an increase in domestic taxes and levies, including at state level, on imported products; (ii) expedited, more transparent and less onerous customs, as well as a comprehensive single-window electronic certification process and the removal of disproportionate import bans; (iii) transparent and expeditious market access approval, regionalisation and audit procedures, underpinned by scientifically justified SPS import measures, by international standards and by disciplines that go beyond the WTO SPS Agreement; the agreement should seek to ensure SPS-related cooperation and the quick approval by India of all the existing and future market access applications, including those delayed by trial shipments and certification issues; (iv) the elimination of an increasing number of technical barriers to trade, including a review of barriers to ICT, medical devices, toys, alcoholic beverages, polished diamonds, agricultural products, food and steel; the agreement should seek compliance with the international standards of the International Organization for Standardisation (ISO), International Electrotechnical Commission (IEC) and International Telecommunication Union (ITU), go beyond the WTO Technical Barriers to Trade Agreement, ensure that there is no duplication of testing and certification, and streamline licensing schemes, quality control orders and clinical investigations; (v) a comprehensive chapter on public procurement at all levels of governance in order to enforce the principles of transparency and non-discrimination in public procurement through effective remedy procedures; calls, in this respect, for India to accede to the WTO Agreement on Government Procurement and to prohibit discriminatory ‘buy national’ practices, such as certain practices related to ‘Make in India’ and ‘Atmanirbhar Bharat’ (‘Self-reliant India’), since they aim to favour domestic manufacturing and discourage imports and significantly affect market access for EU companies; (vi) ensuring a level playing field in subsidies and the commercial practices of state-owned enterprises; (vii) a comprehensive chapter on high-level protection for intellectual property rights (IPR), focusing inter alia on cooperation provisions and technology transfers, which should facilitate a non-restrictive and swift patent application process and the rapid and effective enforcement of IPR standards including, the protection of geographical indications (GIs); however, special attention must be paid to India’s ability to produce affordable generic medicines for domestic health needs or for exports to other developing countries in need, in line with the Doha Declaration on the TRIPS Agreement on Public Health; (viii) a dedicated chapter on SMEs in order to take into account SMEs’ specific needs and provide legal certainty; underlines the need for a business-friendly regulatory environment for SMEs, including harmonised and simplified customs procedures and reduced administrative and regulatory burdens in order to overcome all tariff and non-tariff barriers preventing SMEs from entering the Indian market; highlights the need to facilitate information sharing on market access, trade regulations, trade procedures and rules of origin; (ix) the inclusion of an ambitious TSD chapter guaranteeing values-based cooperation in trade and investment and promoting the highest international standards on labour rights, including strong action to eliminate child labour and forced labour, ensure environmental protection and promote gender equality, inspired by the most recent and modern EU free trade agreements; underlines that sustainability needs to be transversally reflected in the agreement through enforceable provisions taking into account the TSD review; (x) the establishment of modern, SME-friendly, harmonised and reciprocal rules of origin, in line with the EU’s most modern and comprehensive free trade agreements; (xi) the inclusion of the newly presented circular economy action plan to ensure less waste and consumer empowerment, making sustainable products the norm and leading global efforts towards a circular economy; (xii) the prohibition of non-automatic import or export licensing procedures, except in justified cases; (xiii) the removal of all discriminatory and disproportionate obstacles to establishment in both the services sector and the manufacturing sector, as well as to the supply of cross-border services, in order to ensure a level playing field between EU and Indian service providers; (xiv) enhanced digital trade rules grounded in EU standards and global practices; considers, in particular, that 5G must not be deployed using mandatory technology transfer such as the forced disclosure of source codes, algorithms and encryption keys; (xv) the confirmation of both sides’ rights and obligations under the WTO agreements (anti-dumping, anti-subsidy and safeguards), the exploration of areas of common interest that go beyond these WTO standards, and the inclusion of a temporary bilateral safeguard mechanism; (xvi) a guarantee of good governance and the rule of law and a solution to the obstacles created by legal uncertainty;