Alerts & Updates 29th May 2024

BIS Update: Proposed Mandatory Certification for Household, Commercial and Similar Electrical Appliances

Authors

Sanjay Notani Partner | Mumbai

Naghm Ghei Principal Associate | Delhi NCR

Sarthak Yadav Associate | Delhi NCR

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Dear Reader,

We are writing to you with an important update regarding proposed mandatory certification requirements applicable to the manufacture and imports of household, commercial and similar electrical appliances.

Background

On May 28, 2024, the Government of India has notified a proposed Quality Control Order (“QCO”) for household, commercial and similar electrical appliances at the World Trade Organization’s Committee on Technical Barriers to Trade. As per the proposed QCO, covered household, commercial and similar electrical appliances would not be allowed to be manufactured, imported and sold in India without being certified by the Bureau of Indian Standards.

Products concerned

The proposed QCO would apply to products covered by the following Indian Standards issued by the Bureau of Indian Standards:

Indian Standard	Title
IS 302 (Part 1): 2008	Safety of household and similar electrical appliances: Part 1 general requirements

Specifically, the products covered under the proposed QCO are all electrical appliances intended for household, commercial or similar applications with rated voltage not exceeding 250V single phase alternating current, or 415V three phase alternating current. An indicative list of products covered by the proposed QCO has been provided in column (2), which is available here.

Notably, the proposed QCO envisions an exemption where imports of covered products (up to 200 units per year) would not be required to obtain certification from the BIS if they are imported by manufacturers of household and similar electrical appliances for research & development purposes. These imports would also be subject to additional conditions regarding their use, disposal and record-keeping by the importers.

WTO Members are invited to make comments, if any, within 60 days of issuance of the notification i.e. by July 27, 2024.

For a master list of all products under mandatory BIS certification, please click here.

Next Steps

Concerned manufacturers of the covered household, commercial and similar electrical appliances may raise any comments or questions at the WTO level through their respective governments within the 60-day comment period. Alternatively, questions or comments may be shared directly via e-mail to the Indian Government at the following e-mail id: hrao.thota@gov.in or lei-dpiit@gov.in. Upon the conclusion of the aforementioned period, the Indian Government may finalize the proposed QCO and notify the same in the Indian gazette to enter into force on a specified date.

Post the enforcement of the QCO, products specified therein would not be permitted to be sold in India without certification from the Bureau of Indian Standards.

For any queries or comments on this update, please feel free to contact us at insights@elp-in.com.

Disclaimer: The information contained in this document is intended for informational purposes only and does not constitute legal opinion or advice. This document is not intended to address the circumstances of any individual or corporate body. Readers should not act on the information provided herein without appropriate professional advice after a thorough examination of the facts and circumstances of a situation. There can be no assurance that the judicial/quasi-judicial authorities may not take a position contrary to the views mentioned herein.