REGULATORY COMPLIANCE BULLETIN (Newsletter- June 2023)

Table of Contents

BIS-CRS

Expansion and Extension of Parallel Testing

Bureau of Indian Standards has decided to extend the Pilot Project for “Parallel Testing” for Mobile Phone beyond June 30th,2023 for a further period of six months (i.e. December 31st,2023).

Previously the Parallel Testing allowed for Mobile phone testing and certification only as a pilot project, applications received during the past six months was relatively low. Considering this, the BIS has decided to extend the pilot project for two more product categories-

Wireless headphones and earphones.
Tablet/Laptop/Notebook.

Above categories usually has more certification time due to prior BIS requirements on critical components like cell/battery/adaptor. With parallel testing battery testing can be initiated as soon as test lab release cell report, and host product testing can be initiated as soon as lab releases battery report without waiting for registration of component.

Relaxation to Micro, Small & Medium manufacturers on application processing Fee

As per the Gazette notification released dated on June 21st, 2023 by BIS, application processing fee will be reduced for Micro, Small & Medium manufacturers for scheme II and scheme IV of schedule II of BIS.

However, June 01st 2026 onwards Micro, small & Medium enterprises all will get same discount of 20% on application processing Fee. This step is taken to boost local manufacturing and encourage them to be BIS compliant for local market.

BIS-ISI

Mandatory footwear quality standards to come into force

Department for Promotion of Industry and Internal Trade (DPIIT) under Ministry of Commerce (MOC) has issued Quality Control Orders (QCO) on Footwear Products comprising 27 footwear varieties, which have been brought under compulsory Bureau of Indian Standards – Indian Standards Institution certification (BIS-ISI) with effect from July 1st ,2023.

FYI: Personal Protective equipment footwear are already under the mandatory certification w.e.f January 1st,2022.

PS: Five standards have been revised recently, the manufacturers making the products as per these revised specifications will be given an additional time of 6 months to comply with the QCOs with effect from January 1st, 2024.

Further, the QCOs shall come into effect for small-scale industries from January 1st ,2024 and for micro-scale industries from 1st, July 2024. Please click here to access the press release by the department.

Introduction of new product range under ISI scheme

In addition to the Footwears, below are the new products introduced that will be soon implemented under the BIS-ISI scheme

Concession in Marking fees

The BIS issued a Gazette notification on June 21, 2023, granting an 80% reduction in the annual minimum marking for Micro scale enterprises under Scheme I of Schedule II of the BIS. Additionally, units located in the North-East will continue to receive an extra 10% concession. The applicable marking fees is mentioned in the below table.

Voice Compliance

The Telecom Regulatory Authority of India(TRAI) releases Consultation Paper on Definition of International Traffic

The Ministry of Communications, has notified that the last date for the submission of comments on the Consultation Paper (on Definition of International Traffic) published by the TRAI is extended up to June 20th, 2023.

This consultation paper is in response to the request raised by the Department of Telecommunications (DoT) for recommendations on the definition of international and domestic SMS. Now, till date we do not have any explicit definitions of International SMS and Domestic SMS in the current regulations. However, TRAI through its response mentions that SMS is a subcategory of telecommunication traffic and as such it would be more appropriate to define traffic instead.

It has been identified that there is a mention of ‘domestic traffic’ implicitly in the Unified License (UL) agreement as intra-circle traffic, and inter-circle traffic, the only two components of domestic traffic have been specifically defined in the agreement. Further, it is noted that ‘international traffic’ has not been defined anywhere in the UL agreement and the authority is of the view to have it defined instead of defining ‘International SMS’. In this way, we shall have both the terms ‘Domestic Traffic’ and International Traffic’ defined in the agreement.

Keeping the above in view, the Authority is initiating on this the Consultation Paper for soliciting comments of stakeholders on the definition of international traffic, for inclusion in the license agreements.

Reserve Bank of India (RBI) releases draft Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs)

Earlier last week, the released the draft Master Directions on Cyber Resilience and Digital Payment Security Controls for PSOs that encloses the regulatory mechanism for identification, assessment, monitoring and management of cybersecurity risks that are involved in digital payments ecosystem (like payment gateways, third party service providers, vendors, merchants, etc.). The PSOs shall be required to adhere to these directions. According to the draft, the PSO will have to formulate a Board approved Information Security (IS) policy to manage potential information security risks covering all applications and products concerning payment systems as well as management of risks that have materialized.

Regarding implementation deadlines, RBI has stated that it will use a phased implementation approach wherein the timelines for various entities will be as below:

Large non-bank PSOs: April 1st , 2024

Payment Aggregators (PAs), card payment networks, large PPI issuers, non-bank ATM networks, White Label ATM Operators, Clearing Corporation of India Limited (CCIL), National Payments Corporation of India (NPCI), NPCI Bharat Bill Pay Limited, TReDS, and Bharat Bill Payment Operating Units fall under this category.

Medium non-bank PSOs: April 1st , 2026

Cross-border (in-bound) money transfer operators under Money Transfer Service Scheme (MTSS) and Medium PPI Issuers fall under this category.

Small non-bank PSOs: April 1st , 2028

Small PPI Issuers and Instant Money Transfer Operators fall under this category.

TRAI issues direction on the implementation of Unsolicited Commercial Communication Detect System under Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR-2018)

Spam messages have become a pertinent issue for the Indian end consumer and the Indian government is found to be taking many initiatives to curb the root cause. TRAI is the regulating body that looks after telemarketing operations, UCC, and many more areas in the interest of the end consumer. On June 13th 2023, TRAI released the direction on the implementation of UCC Detect System under TCCCPR-2018.

In the direction, it is mentioned that Every Access Provider (Telecom Service Provider) shall ensure that any commercial communication done by using its network shall only take place using registered headers assigned to registered telemarketers/entities for the purpose of commercial communication. In addition, to detect the unregistered telemarketer and track any violation w.r.t. TCCCPR-2018 guidelines for detecting the commercial communication alignment/delivery with guidelines, service providers shall need to develop Artificial Intelligence and Machine Learning based UCC_Detect ecosystem.

Furthermore, the access provider shall need to develop Codes of Practice (hereinafter referred to as “CoPs”) for Unsolicited Commercial Communications Detection (CoP-UCC_Detect) before allowing any commercial communication through its network.

In addition, all Access Providers are directed to comply with the directions and forward a compliance report to the authority within thirty days from the date of issue (June 13th 2023) of this direction.

TEC (MTCTE)

Mandatory Testing and Certification of Telecom Equipment (MTCTE): National Centre for Communication Security (NCCS) Security testing Mandatory date extension

Telecommunication Engineering Centre recently notified an extension in the mandatory date of implementation of Communication Security Certification Scheme (ComSec) scheme under NCCS. The ComSec scheme, an essential part of MTCTE that covers security requirements, was earlier going to become mandatory from July 1st, 2023, for product categories ‘Wi-Fi CPE’ and ‘IP Router’.

The effective date has been extended for a period of 6 months and the new date of implementation of ComSec scheme is now January 1st, 2024.

Extension in Phase-III and Phase-IV of MTCTE!

Various product categories have been granted different extensions in their mandatory dates, covered under Annexure I, Annexure II, and Annexure III of the notification.

32 product categories covered under Annexure I have been extended for mandatory testing and certification till October 1st, 2023 (3 months). Products like Equipment Operating in 2.4 & 5GHz, IoT Gateway, LAN Switches, Routers, Conferencing Equipment, IP Security Equipment, Tracking Device, Transmission Terminal Equipment-2, etc., are covered here.
12 product categories covered under Annexure II have been extended for mandatory testing and certification till January 1st, 2024 (6 months). Products like Satellite Communication Equipment, Optical Fiber Cable, Base Station for Cellular Network, Compact Cellular Network, etc., are covered under this.
For 10 product categories covered under Annexure III, the acceptance of test reports from ILAC accredited labs (non-border sharing countries) for technical parameters has been extended till January 1st,2024 (6 months). Products like Satellite Communication Equipment, Optical Fiber Cable, Base Station for Cellular Network, Compact Cellular Network, etc., are covered under this.

Phase 5 of MTCTE notified!

The 5th phase of MTCTE has been notified by TEC, along with the list of product categories covered. The mandatory date of implementation for phase-5 equipment will be July 1st ,2024, while TEC will start accepting the application for certification from July 1st, 2023.

Product categories covered under the new phase are IP terminal, Hypervisor, Base Station for Cellular Network for 5G, 5G Core, Hybrid Set-Top Box, E-band Fixed Radio Relay Systems, and Converged Multi Service Application Access Equipment (C-MSAAE).

For technical parameters, TEC will accept ILAC reports (from non-border sharing countries) till June 30th , 2024. However, the report should not be older than 2 years as on the date of submission of application.

Wireless Approvals

Wireless Planning and Coordination incorporated Quick Response on certificates

Moving another step towards digital India and understanding the importance of staying ahead in the digital world, WPC has incorporated QR codes directly on the certificates. This advancement enables individuals to check the particulars of each certificate in a matter of seconds and ensure that the document is genuine.

The inclusion of QR code on the certificates helps create an ecosystem for easy tracking, accessing, and managing WPC certifications.

Waste Management

Introduction of Used Oil Extended Producer’s Responsibility (EPR) under Hazardous and Other Wastes Rules, 2016

The Central Pollution Control Board (CPCB) has issued draft amendment to the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, introducing Schedule X- EPR for Used Oil, which specifies- ‘‘The utilization and management of used oil shall be in accordance with the provisions contained in Schedule X’’. The amendment shall come into force from April 1st , 2024.

The rules shall apply to following stakeholders-

(a) Producers

(b) Collection agents

(d) Used Oil importers

CPCB-BOT System to upload the transactions over the Plastic Waste Portal.

CPCB mandated the upload of e-invoices over the portal quarterly. In May CPCB introduced the Bulk Upload Feature to ease the process of invoice upload.

The Producers, Importer and Brand Owners can use the CPCB-BOT to upload the individual transactions.

CPCB-BOT is a Robotic process automation (RPA) technology that can be used for Producers, Importers & Brand-Owners (PIBO) operations. Robotic process automation (RPA) technology makes it easy to build, deploy, and manage software robots that emulate human actions interacting with digital systems and software.

The CPCB-BOT can upload the transactions for PIBO operations.

Scheme- X

BIS introduces a new scheme dated March 16th, 2022, under schedule II which is named as “Scheme X”. Under the Scope of “Scheme X” manufacturers may be granted for-

License for conformity of goods & article or Products
Demonstration of conformity of Management system
Certificate of conformity (Manufacturer cannot use standard mark)

Product Covered under the Scheme X

Below are the products and their corresponding standards which are covered in Scheme-X. The product will be implemented in a phased wise manner.

Legal Metrology

Implementation of QR Codes on MRP Labels Under Legal Metrology Packaged Commodity Rules

Department of Consumer Affairs, under the Ministry Of Consumer Affairs, Food And Public Distribution, has issued an updated amendment for the Electronic Pre-packaged Product. This amendment modifies specific sections of the previous notification released on July 14th, 2022. According to the revised Notification dated June 23rd , 2023, entities are now allowed to provide certain information via a QR code if it is not included in the product packaging.

Here are the details regarding the information that can be accessed by scanning the QR code:

Address of Manufacturer/Packer/Importer: The name of the Manufacturer/Packer/Importer must be declared on the package itself. However, if the address or any other relevant information is not provided on the package, consumers will be directed to scan the QR code for obtaining such details.
Generic Name: Consumers will be informed to scan the QR code to retrieve the common/generic name of the commodity. Additionally, if the package contains more than one product, the QR code can be scanned to access the name, number, or quantity of each individual product, in case this information is not already mentioned on the package.
Size and Dimension: If the size and dimension of the commodity are not specified on the package, consumers will be instructed to scan the QR code to obtain this information.
Other Relevant Information: The package should include the email address and telephone number of customer care. However, if any additional information is not mentioned on the package, consumers will be advised to scan the QR code for accessing the required details.