FAQ on EU FTA
Key Highlights
of the India–EU FTA
1. Trade in
Goods
·
India–EU
merchandise trade (2024–25): USD 136.54 billion.
·
EU
concessions: 97% of tariff lines and >99% of trade value duty-free
(phased + immediate).
·
India’s
concessions: 92.1% of tariff lines and 97.5% of trade value, phased
over 5–10 years.
·
Benefits
for farmers: Preferential access for tea, coffee, spices, fruits, vegetables, and
processed foods.
·
EU
exclusions: Meat, dairy, honey, rice, sugar, tobacco.
2. Trade in
Services
·
Services
contribute 73% of EU GVA and 55% of India’s GVA.
·
Commitments:
o
EU
→ 144 sectors (IT/ITeS, professional services, education).
o
India
→ 102 sectors (finance, telecom, maritime, environment).
·
Mobility
gains: Temporary entry for business visitors, ICTs, contractual service suppliers,
independent professionals.
·
Financial
services: Boost for Indian digital payments (UPI, fintech); EU banks allowed 15
branches in India over 4 years.
·
Telecom:
Transparent framework for interconnection, submarine cables, universal service obligations.
·
Recognition
of qualifications: Pathway for Indian professionals in EU.
·
MFN
clause: Active for 5 years, subject to review.
·
Safeguards:
Carve-outs for sensitive sectors (e.g., legal services).
·
AYUSH:
Recognition and establishment of wellness centres in EU.
3. Rules of
Origin (RoO)
·
Criteria:
Wholly Obtained (WO) or Not Wholly Obtained (processing/value addition).
·
Product-Specific
Rules (PSRs):
o
Agriculture
→ stringent WO rules.
o
Chemicals
→ CTC + chemical process options.
o
Textiles/Apparel
→ process rules ensuring transformation.
o
Gems/Jewellery
→ flexibility for importing raw materials.
o
Steel
→ strict “Melt & Pour” requirement.
o
Automotives
→ high value addition criteria.
·
Flexibilities:
Special quotas for SMEs (marine, aluminium, textiles).
·
Self-declaration:
Exporters can issue Certificates of Origin via DGFT digital platform.
·
Verification:
Robust authentication and enforcement mechanisms.
4. Trade Remedies
·
Safeguards
against import surges from EU.
·
India
can raise duties to MFN levels.
·
Duration:
Max 4 years (2 + 2 extension).
·
Sunset
clause: Mechanism valid for 22 years (longest ever in EU FTAs).
·
Retaliation:
EU cannot retaliate immediately; waiting period applies.
5. Technical
Barriers to Trade (TBT)
·
Covers
standards, technical regulations, conformity assessments.
·
Ensures
transparency, predictability, and cooperation.
·
Dispute
settlement applicable.
6. Intellectual
Property (IP)
·
Framework
aligned with TRIPS; covers copyright, trademarks, GIs, industrial designs, plant
varieties.
·
No
changes required in India’s IP laws.
·
Compulsory
licensing for public health remains protected.
·
Plant
variety protection consistent with Indian law.
·
No
TRIPS-plus data exclusivity obligations.
7. Trade and
Sustainable Development (TSD)
·
Objective:
Integrate environmental and labour standards into trade.
·
Labour
rights: Commitment to abolish child labour, forced labour, discrimination, and ensure
safe workplaces.
·
Climate:
Paris Agreement commitments, renewable energy trade, HFC phase-down, climate finance
cooperation.
·
Gender
equality: Support women-led MSMEs, digital inclusion, financial access.
·
Conservation:
Forests, biodiversity, marine resources, aquaculture.
·
Principle
of common but differentiated responsibilities acknowledged.
·
Monitoring:
Dedicated TSD Committee; cooperative approach (not adversarial dispute settlement).
Overall Takeaway
The India–EU FTA
is highly ambitious, covering nearly all trade in goods and services, while
embedding strong safeguards for sensitive sectors, flexibilities for SMEs,
and progressive commitments on sustainability, labour, and gender equality.
It balances market access gains (especially for Indian exporters and service
providers) with domestic protections and long transition periods.
[ABS News Service/30.01.2026]
INDEX
·
Trade
in Goods.
·
Trade
in Services.
·
Rules
of Origin and Origin Procedures.
·
Trade
Remedies.
·
Technical
Barriers to Trade.
·
Intellectual
Property.
·
Trade
and Sustainable Development
·
Subsidies.
·
Transparency,
Exceptions, Administrative and Final Provisions.
·
Rapid
Reaction Mechanism.
·
Sustainable
Food System.
Trade in Goods
1. What is the bilateral merchandise trade between India and EU?
Response: India’s total merchandise trade with the EU was USD
136.54 billion in 2024-25. India’s merchandise trade with EU recorded strong growth
between 2020-21 and 2024-25. Merchandise exports from India increased by 16.4% (on
Compound Annual Growth Rate basis) from USD 41.36 billion in 2020-21 to USD 75.85
billion in 2024-25. India’s merchandise imports from EU grew by 11.2% (on Compound
Annual Growth Rate basis) from USD 39.72 billion in 2020-21 to USD 60.68 billion
in 2024-25.
2. What are the overall expected benefits under this Agreement for India’s exports?
Response: The European Union has committed to eliminating
duties on about 70.4% of tariff lines immediately, covering nearly 90.7% of India’s
export value, while another 20.3% of products will see phased tariff elimination
over time. Overall, the EU’s tariff concessions cover almost 97% of tariff lines
and more than 99% of trade value, making them highly ambitious which will deliver
early and substantive gains.
|
(Values in USD million;
CY 2024) |
|||||
|
Sectors |
Duty Range |
Duty Free at Entry into
Force |
Tariff Elimination in
Phases |
||
|
% Tariff Lines |
India’s Exports to EU |
% Tariff Lines |
India’s Exports to EU |
||
|
Marine Product |
Upto 26.0 |
94.4% |
239.0 |
1.9% |
673.2 |
|
Chemicals |
Upto 12.8 |
59.3% |
13683.6 |
39.1% |
354.0 |
|
Plastic/Rubber |
Upto 6.5 |
62.7% |
2556.4 |
37.3% |
109.5 |
|
Leather/Footwear |
Upto 17.0 |
100.0% |
2511.4 |
0.0% |
0.0 |
|
Textiles |
Upto 12.0 |
100.0% |
1636.0 |
0.0% |
0.0 |
|
Apparel and Clothing |
Upto 12.0 |
100.0% |
5706.3 |
0.0% |
0.0 |
|
Gems & Jewellery |
Upto 4.0 |
96.6% |
2661.3 |
3.4% |
1.1 |
|
Base Metals |
Upto 10.0 |
79.1% |
3350.6 |
20.9% |
164.7 |
|
Railway/Aircraft/Ships/Boats |
Upto 7.7 |
88.2% |
232.9 |
11.8% |
0.3 |
|
Furniture & Lighting
Misc Consumer Goods |
Upto 10.5 |
94.2% |
817.7 |
5.8% |
5.0 |
|
Toys |
Upto 4.7 |
100.0% |
58.8 |
0.0% |
0.0 |
|
Sports goods |
Upto 4.7 |
100.0% |
43.6 |
0.0% |
0.0 |
|
TOTAL |
- |
- |
33497.6 |
- |
1307.8 |
3. What are the tariff concessions offered by India to EU?
Response: India has adopted a calibrated approach, offering immediate
duty-free access on about 49.6% of tariff lines covering 30.6% of trade value, and
39.5% tariff lines with trade value of 63.1% placed under phased elimination over
5/7/10 years from entry into force of the Agreement. India’s total offer covers
around 92.1% of tariff lines and 97.5% of trade value, reflecting a balanced strategy
to open markets while protecting sensitive sectors.
4. What benefits are likely to accrue to Indian farmers from India-EU Trade Deal?
Response: The FTA is expected to have a significant
positive impact on the Indian agricultural and processed food sector. Preferential
Market Access for agricultural products like tea, coffee, spices, grapes, gherkins
and cucumbers, dried onion, fresh vegetables and fruits as well as for processed
food products will make them more competitive in the EU. This market access will
strengthen farmers’ realised incomes, reinforce rural livelihoods, and elevate the
global competitiveness of Indian agricultural products.
India has safeguarded sensitive sectors,
including beef and poultry, dairy
products, fish and seafood, cereals (especially rice and wheat), fruits and vegetables,
nuts, edible oils, tea, coffee, spices, tobacco etc. balancing export growth with domestic priorities.
5. What are the important categories of products excluded by EU from tariff
concessions?
Response: The EU has excluded items such as meat and meat offal,
dairy products, Honey, rice, sugar, tobacco etc.
Trade in Services
6. What is the contribution of the Services sector in the economy of India/EU?
Response: Services sectors’ contribution in both
economies remain substantial. It contributes around 73% of Gross Value Added (GVA)
in EU and 55% of Gross Value Added (GVA) in India.
7. How many services sub-sectors are being covered by EU and India for specific
commitments in the Trade in Services chapter?
Response: This agreement provides substantial coverage of sectors
under specific commitments in services as mentioned below:
·
India has secured from EU, commercially meaningful commitments in market
access and national treatment in around 144 sectors/sub-sectors, including some
of the key sectors of India’s interest, such as Computer-related services including
IT/ITeS, Professional Services, Other Business Services
and Education Services.
·
India, meanwhile, has provided commercially meaningful market access and
national treatment commitments across 102 sectors/subsectors, which include key
interest areas of the EU such as Maritime Transport Services, Financial Services,
Telecommunication Services and Environmental Services.
8. What are the key mobility related gains
that India expects from India-EU FTA?
Response:
·
The EU has provided an assured regime for temporary entry and stay requirements
for various categories of natural person like Business Visitors, Short-Term Business
Visitors, Intra-Corporate Transferees (ICTs), Contractual Service Suppliers, Independent
Professionals, and Family Members of Intra-Corporate Transferees.
·
Entry and working rights for dependents and family members of ICTs.
·
The EU has also offered commitments in 37 sectors/sub-sectors for Contractual
Service Suppliers (CSS) and 17 sectors/sub-sectors for Independent Professionals
(IP), many of which are sectors of interest to India, including Professional Services,
Computer and related Services, Research and Development Services, and Education
Services.
9. What is the maximum duration of stay allowed in EU for the various categories
of service suppliers offered to India?
Response:
·
Business visitors (BV)- 90 days in any 6 months period;
·
Short Term Business Visitors- 90 days in any 6 months period;
·
Managers and Specialists under Intra-Corporate Transferees (ICT)- 3 years,
extendable by 2 years subject to domestic law;
·
Trainee Employees under Intra-Corporate Transferees (ICT)- 1 year, extendable
by 2 years subject to domestic law;
·
Contractual Service Suppliers (CSS)- cumulative period of 12 months;
·
Independent Professionals- cumulative period of 12 months.
10. What is the sectoral commitment in ‘Financial Services’?
Response: Obligations have been agreed upon that
can boost India's growing digital payments ecosystem by creating market access opportunities
for Indian payment service providers and leveraging India's technological expertise
in digital payment systems such as UPI. Provisions have also been agreed upon that
can promote collaborative efforts in Fintech innovation. As far as EU is concerned,
India has provided 100 percent FDI commitments in the insurance sector and 74 percent
for banking services. India has also provided market access for bank branches to
EU, that is, 15 branches over 4 years for EU banks.
11. What are the key features of commitments on Telecommunication Services?
Response: The Telecommunication Services Annexure
establishes a comprehensive, transparent, and balanced framework for cooperation
in telecommunication services. It embeds key disciplines on access and use of networks,
interconnection, access to essential facilities, submarine cable systems, and competitive
safeguards. Importantly, it preserves regulatory autonomy by recognizing each Party’s
right to define universal service obligations and to manage scarce resources such
as spectrum and numbering, while ensuring these are administered in an open, objective,
and non-discriminatory manner.
12. How does the India-EU FTA provide impetus for Indian professional qualifications
to gain mutual recognition in EU?
Response: Regarding recognition of professional
qualifications, considering legal structure and competence of EU, both parties have
agreed to engage and identify professional services for negotiating a mutual recognition
or similar agreement. Further, commitments on the recognition of qualifications,
experience, and certifications have been made so that, in case the EU enters into
an agreement or establishes an arrangement on recognition with any third party,
it will open negotiations with India to conclude, in a time-bound manner, a similar
arrangement.
13. Please elaborate upon the Most Favoured Nation (MFN) provision in the
Trade in Services Chapter agreed under the India-EU FTA?
Response: Both India and EU have agreed for MFN obligations for
a certain number of sectors. At the time of entry into force of this Agreement,
the Most Favoured Nation provision will become active and will continue to remain
active for five years. Under this provision, both countries will receive MFN on
sectors and to the extent committed by each of them. The continuation of the MFN post 5 years will
be subject to a review mechanism. The key parameters of this review are developments
pertaining to entry and stay of Indian students in the EU, including their work
rights; and the maintenance, conclusion and adoption of social security arrangements
between India and EU member states.
14. What safeguards have been taken by India to protect
its sensitivities in Services sector?
Response: India has taken appropriate carve-outs
for national security and also reserved policy space in sectors like legal services,
thereby taking care of India-specific sensitivities.
15. Which are the key digitally delivered services that are expected to gain
through this FTA?
Response: EU has offered significant commitments
on digitally delivered services for Indian service suppliers in number of sectors
especially IT/ITES, Business services, professional services such as architecture
and engineering, Education Services, and Telecommunication services. These are expected
to further promote Global Capability Centers in India
(GCCs) and enhance exports of digitally delivered services from India.
16. How will the commitments taken on practice of Indian Traditional Medicines
be helpful?
Response: In EU Member States where regulations do not exist,
AYUSH practitioners will be able to provide their services using the
professional qualifications they gain in India. The FTA also provides future certainty
and locks in the openness of EU for establishment of AYUSH wellness centres and
clinics in the European Member States. The FTA also envisages greater exchange
with EU to facilitate trade in Indian Traditional Medicine services.
Rules of Origin and Origin Procedures
17. What are Rules of Origin (ROO)?
Response: Rules of Origin (RoO) are criteria used to determine the country of origin of
a product. The primary purpose is to ensure that only products with substantial
processing or manufacturing are granted the origin status of that country. The rules
are essential to ensure that 3rd country goods do not get tariff preferences in
the trade deal unless there is substantial processing or manufacturing in the trading
partner. Countries formulate these rules depending upon the value chain of processing
or manufacture of the product.
18. Why are ROOs relevant for the India -EU trade deal?
Response: A product exported by India can get
a tariff concession in EU and vice versa only if the ROOs are met for the particular
product. Hence, the exporter has to ensure that the origin rules are met for the
export product. Further, the exporter must be able to submit requisite documentation
to prove the origin of the goods, in the exigency of a verification carried out
by the importing country customs.
19. What are the various types of
Rules of Origin?
Response: There are two main types of RoOs:
1. Wholly Obtained (WO):
This applies to goods entirely produced
in one country (e.g., agricultural products, minerals). The WO criteria in the India-EU
trade deal uses the term “WO”, “All materials of Chapter [X] are WO”,
etc.
2. Not Wholly Obtained (Requires Processing):
·
Change in Tariff Classification (CTC): A CTC means that all the inputs or materials are used
to make a final product. There are three different scenarios under CTC namely non-originating
inputs or materials being from a different 2 digit HS classification
(CC or change in chapter) from the final exported product; from a different 4 digit HS classification (CTH or change in tariff heading) from
the final exported product or from a different 6 digit
HS classification (CTSH or change in tariff sub-heading) from the final exported
product.
·
Value Addition (VA): A minimum percentage of value (using build down method) must be added in
the FTA member country. In the India-EU trade deal, the criteria of value addition
is manifested both in terms of “maximum value of non-originating
material i.e. maxNOM” or “minimum value of qualifying
value content i.e. minQVC”
·
Specific Processing Rule: The exported product must undergo a particular process (e.g., Melt and pour,
Chemical Reaction, Isomer separation, weaving knitting, etc.).
20. What are the Product Specific
Rules (PSR) of Origin in the India – EU trade deal?
Response: A broad outline for the Product Specific
Rules (PSRs) for various broad categories are given below:
·
Raw agricultural products: The rules are fairly stringent, largely being “production in which all
the material of that chapter to be wholly obtained” with flexibility to import items
of other chapters with a de minimis to use limited quantities of preservatives,
additives, fragrances, ripening agents, favours etc.
·
Marine products: for shrimps and prawn there is an alternative rule under a specified quota
where exporter can import shrimps and prawn and do the processing like peeling and
deveining for final exports.
·
Processed agricultural products: The PSRs ensure adequate processing while providing flexibility to use
non-originating materials or inputs.
·
Chemicals: The PSRs include CTC criteria and an option of chemical process like (chemical
reaction, isomer separation and biotech). It provides the flexibility and also at
the same time it ensures sufficient manufacturing processing.
·
Textiles and Apparels: The rules largely include process rule and for some product CTC rule is
there. This ensures substantial transformation.
·
Gems and Jewellery: The rules allow flexibility to import precious metals for making jewellery.
It also allows imports of rough, precious stones to make into worked or polished
ones and do the substantial transformation.
·
Steel: The rules are fairly
stringent rules ensuring sufficient manufacturing. They also include the criteria
of “Melt & Pour” which would mean that the product should have be made
using the furnaces of EU or India.
·
Aluminium: The PSRs have alternative PSR within a specific quota that would allow
Indian MSME exporters to source non-originating primary products.
·
Engineering products: These include both twin criteria as well dual criteria. This will ensure
sufficient value addition in the exporting country and also provide the flexibility
to imports some parts.
·
Automotives: PSRs are quite stringent with a high value addition criteria.
21. Is there any other criteria, apart from the PSRs,
that a product must satisfy?
Response: In order to ensure only meaningful manufacturing
or value-adding activities qualify for preferential tariffs, there is a “Insufficient
production or Minimal Operations and Processes” clause. It specifies processes
that do not confer origin status, even if performed in a member country (such
as packaging, labelling, minor assembly, or peeling).
22. Is there “cumulation” in the India – EU trade deal?
Response: Yes, there is bilateral cumulation,
which allows two partner countries to treat materials or processing from each other
as “originating” when producing goods under the trade deal.
23. What is the principle of absorption under the India–EU Rules of Origin?
Response: The principle of absorption provides
that once a non-originating material has acquired originating status by meeting
the applicable product-specific rules, its non-originating inputs are no longer
taken into account when that material is subsequently used in the manufacture of
another product. This would facilitate exporters of products with a long value chain
and reduce compliance costs.
24. Do the India–EU Rules of Origin provide any specific flexibilities or
simplified provisions for small producers or exporters?
Response: Yes, there are alternative PSRs
within a specific quota for marine exporters to import shrimps and prawns and do
the processing like peeling and deveining. In case of downstream products of aluminium
there is an alternative PSR within a specific quota for SMEs to imports upstream
products to manufacture articles of aluminium.
The PSRs have also been negotiated keeping
in perspective the need for flexibility to source non originating inputs for Indian
exporters in certain products of sectors like refined petroleum, pharmaceuticals,
leather, footwear, copper products, electronics and aerospace.
Moreover, there are process rules for
synthetic diamonds and blending rule for liquor keeping in view the value chain
of processing in India. The process rule for textiles, apparel and made-up would
also enable our exporters since they are in line with the existing EU GSP rules.
25. Is there a concept of “self-declaration” in the India – EU trade deal?
Response: Yes, the concept of self-declaration
is through the “Statement on Origin” which is in a prescribed format. The Indian
exporters using self-declaration would need to register and issue the self-certified
Certificates of Origin (CoO) through DGFT’s “Common Digital
Platform for Issuance of Certificate of Origin”.
In the case of India’s exports to EU,
the EU importer can also use the Importers Knowledge criteria for clearing preferential
goods. This is based on the EU importers having adequate information about the Indian
origin of the product.
26. What is the authentication and verification mechanism in the trade deal?
Response: The India-EU trade deal has a comprehensive
authentication and verification mechanism. Both Parties would have an authentication
mechanism in place before the entry into force of the trade deal failing which the
certificate of origin signed by a competent authority would be in place. The verification
mechanism has timelines and detailed procedures spelt out which makes it robust.
This would be a strong enforcement deterrent.
Trade Remedies
27. Are there any safeguard mechanisms
to protect the Indian domestic industry from surge in imports from EU?
Response: Yes, in the event there is a surge in
imports into India from the EU on account of tariff liberalisation commitments under
the trade deal, so as to cause or threaten to cause serious injury to a domestic
industry, the trade deal provides a bilateral safeguard mechanism.
28. What is the nature of the bilateral
safeguard measure that India can take to protect its domestic industry from EU imports?
Response: Pursuant to a prescribed procedure,
India can enhance the rate of duty to MFN level on goods which have resulted in
surge in imports from EU due to tariff reduction or elimination under the trade
deal.
29. What is the maximum duration for which such measure can be applied?
Response: The maximum duration of bilateral safeguard
measure cannot exceed four years. The measure can be initially applied for a period
of two years, which can be extended by an additional period of two years upon a
review investigation. In any case measure cannot exceed period of four years.
30. Is there a sunset period to the bilateral safeguard mechanism?
Response: Yes, this mechanism is available for
use only during the transition period, which has been agreed to be a period of 22
years from the entry in to force of the trade deal. This is longest transition period
that EU has agreed in any of its FTAs signed so far.
31. Can the EU take immediate retaliatory action if India imposes a bilateral safeguard
measure?
Response: No, the Trade Remedies Chapter provides
a reckoning period of 2 years (in case duration of measure applied is 2 years) and
3 years (in case duration of measure applied is 4 years) before a Party can take
retaliatory action against the Party applying the measure.
32. Whether India/EU can reapply a bilateral
safeguard measure on the same good?
Response: A bilateral safeguard measure cannot
be reapplied to the import of the same good for a period of time equal to half of
the duration of the previous bilateral safeguard measure.
Technical Barriers to Trade
33. What are technical barriers to trade and why is it important to address
them in trade deal?
Response: Technical Barriers to Trade (TBTs) are
behind-the-border rules related to product standards, technical product specifications
(technical regulations) and tests or certificates (conformity assessment). While
these measures are intended for legitimate goals like consumer protection or environment,
they may sometimes create market barriers by increasing compliance costs and introducing
complex regulatory procedures.
34. What measures fall under the TBT Chapter in the India-EU trade deal?
Response: The TBT chapter applies to the preparation,
adoption and application of all standards, technical regulations and conformity
assessment procedures by central government bodies. It lays down the basic principles
for India and the EU to follow and aims at ensuring predictability, transparency
and institutional mechanisms to address compliance challenges.
35. What are key provisions of the TBT Chapter which will help in reducing
trade barriers between and India and the EU?
Response: The TBT Chapter provides for transparency
in development and implementation of rules and regulations related to technical
regulations and conformity assessment. It also provides for a Working Group on Conformity
Assessment to specifically address any potential trade barriers and compliance challenges
arising from either Party’s laws. Further, provision on Technical Discussions enables
early discussions and resolutions between the Parties.
36. Is the TBT Chapter subject to dispute settlement?
Response: Yes, the TBT Chapter is subject to trade
deal dispute settlement.
Intellectual Property
37. What is the scope of the Intellectual Property Chapter in the EU-India
trade deal?
Response: The India-EU trade deal lays down a
unified framework for intellectual property protection and enforcement. Its objectives
are to foster investment in innovation, strengthen creative and knowledge-based
industries, combat piracy and counterfeiting, and facilitate the wider dissemination
of information, knowledge, and technology.
The IP provisions of the trade deal reaffirm
the WTO’s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
They encompass copyright, trademarks, geographical indications, Industrial designs,
undisclosed information, plant variety protection and border measures and enforcement.
It does not include specific section on patent but includes an article on technology
transfer in the General provisions.
38. Will India have to change any
of its intellectual property laws?
Response: There is no obligation on India under
the Intellectual Property Chapter in India-EU trade deal that requires India to
change or modify any of its intellectual property laws as the provisions in the
chapter are consistent with India’s existing intellectual property regime.
39. Whether trade deal promotes voluntary licensing and limits India’s use
of compulsory licensing for public health purposes?
Response: The IP Chapter in EU-India trade deal
does not restrict India’s right to grant compulsory licensing for public health
purposes. The obligations in this chapter are without prejudice to the flexibilities
available under Article 44.2 of the TRIPS Agreement which allows member states to
explicitly exclude the granting of injunctions for cases of government use and other
uses permitted by the government without the authorisation of the right holder,
such as compulsory licenses.
40. What is the nature and scope of protection for plant varieties under this trade deal?
Response: The IP chapter does not include any
reference to the UPOV Agreement. The protection of plant varieties under this chapter
is aligned with the TRIPS framework, specifically Article 27(3)(b). This provision
allows members to protect plant varieties through patents, an effective sui generis
system, or a combination of both. The duration of protection for plant varieties
has been harmonised with Indian legislation, ensuring consistency with India’s existing
legal standards.
41. Is there any reference to TRIPS-Plus data exclusivity in regulatory data protection for pharmaceutical
and plant products?
Response: There is no obligation of implementation
of the TRIPS-plus data exclusivity for information submitted during the process
of obtaining marketing authorisation for pharmaceutical and plant products; the
language retains Article 39.3 of the TRIPS Agreement, which provides the flexibility.
Trade and Sustainable Development
42. What is the main objective of the Trade and Sustainable Development (TSD)
Chapter?
Response: The TSD Chapter aims to enhance the
integration of sustainable development, specifically its environmental and social
(labour) dimensions, within the trade relationship between India and the EU. It
seeks to promote international trade in a way that contributes to economic development,
social justice, and environmental protection, while taking a cooperative approach,
strengthening dialogue and cooperation between the Parties.
43. Does this trade deal require India and the EU to have the same labour
and environmental laws?
Response: No. The chapter explicitly states that
it is not the intention of the Parties to harmonise their labour or environment
standards. Each Party retains the right to regulate and determine its own sustainable
development policies, priorities, and levels of domestic protection.
44. How does the trade deal
protect workers’ rights and labour standards?
Response: Under the Chapter, the Parties affirm
their commitment to decent work for all and agree to respect, promote and realise
the fundamental principles at work and the core labour standards, namely:
·
effectively abolishing child labour;
·
eliminating all forms of forced or compulsory labour;
·
ensuring freedom of association and the right to collective bargaining;
·
eliminating discrimination in employment and
·
maintaining a safe and healthy working environment.
The trade deal also clarifies that labour
standards should not be used for protectionist trade purposes.
45. What specific actions are being taken to combat Climate Change?
Response: The Parties commit to implementing the
UNFCCC and the Paris Agreement and agree to:
·
promote trade in renewable energy and energy-efficient products;
·
facilitate the phase-down of hydrofluorocarbons (HFCs);
·
cooperate on climate-resilient infrastructure and low-carbon technologies;
and
·
cooperate on the mobilisation of climate finance for mitigation and adaptation.
46. How does the trade deal support Gender Equality in trade?
Response: The Parties aim to strengthen their
trade relationship in a way that provides equal opportunities for men and women.
In addition, the Parties affirm their international commitments on gender equality
and also agree to strengthen their cooperation on trade related aspects of gender
equality including:
·
increasing women’s participation in international trade and supporting women-led
MSMEs;
·
bridging the gender digital divide and strengthening digital skills; and
·
promoting financial inclusion and access to export financing for women entrepreneurs.
47. What measures are included to protect
forests, biological resources and marine life?
Response: The Chapter includes dedicated provisions
on conservation and sustainable management of forests, biological diversity and
marine biological resources and aquaculture. In particular, the chapter embodies
the parties’ commitment to:
·
combat illegal logging, promote sustainable
forest management and reduce deforestation;
·
promote sustainable aquaculture; and
·
combat illegal wildlife trade and prevent the spread of invasive alien species.
48. Does the chapter account for the different
economic development levels of India & EU?
Response: Yes. The trade deal acknowledges the
difference in levels of development and integrates the principle of “common but
differentiated responsibilities”. It emphasises cooperation through:
·
Technical assistance and capacity building.
·
Mobilising financial tools and instruments.
·
Sharing of know-how and technological innovation to help both meet the chapter’s
objectives.
49. How will the commitments be
enforced or monitored?
Response: The TSD chapter does not take an adversarial
approach and is not subject to the usual Dispute Settlement Mechanism of the trade
deal. Instead, it takes a cooperative approach and establishes a dedicated Committee
on Trade and Sustainable Development (TSD Committee) to monitor and review the implementation
of this chapter. Further, in case of any matter or disagreement on the application
or interpretation of the Chapter’s provisions, the Parties have recourse to three-tier
government to government consultations with final recourse to Ministerial Consultations.
Subsidies
50. What is the objective of Subsidies Section under ‘Anticompetitive Conduct, Merger Control and Subsidies’
Chapter?
Response: The objective of Subsidies section under
this chapter is to promote transparency in the use of subsidies and providing a
platform for consultation to seek additional information.
51. Are there any binding commitments on subsidies under this chapter?
Response: The binding commitments on subsidies
under this chapter relate to transparency and consultations. There is a soft obligation
to use the subsidies for the policy objectives for which they are granted and to
provide additional information.
52. Does this chapter cover subsidies provided to Agricultural and Fisheries sector?
Response: No. Agricultural and fisheries sector
is kept out of the scope of this chapter
53. Is there any minimum limit on the subsidy level which is covered under this chapter?
Response: This chapter does not cover subsidies
wherein the amount of the budgetary outlay over a period of three consecutive years
is below 18 million Special Drawing Rights.
54. Can the Parties take recourse to dispute settlement under this trade
deal?
Response: No, this chapter is kept out of bilateral
dispute settlement mechanism of this trade deal.
Transparency, Exceptions, Administrative and Final Provisions
55. How is transparency ensured under the India-EU trade deal?
Response: The Transparency chapter promotes openness,
predictability, and fairness in the administration of the trade deal. It requires
both India and the EU to:
·
promptly publish measures of general application;
·
maintain enquiry mechanisms to respond to questions on laws, regulations,
and administrative practices; and
·
administer measures in an objective and impartial manner, including providing
for review and appeal procedures for administrative decisions.
56. Does the Transparency chapter allow challenges under dispute settlement?
Response:
No, the Transparency chapter explicitly excludes recourse to dispute settlement.
Its provisions are intended to promote openness, predictability, and fairness in
the administration of the trade deal.
57. Does the trade deal provide
for mechanisms to facilitate communication between India and the EU?
Response: Yes. The trade deal establishes an overall
contact point for each Party to facilitate communication on matters relating to
the trade deal. In addition, specific contact points are designated under relevant
chapters. Any changes to contact point details must be notified promptly to the
other Party.
58. When will the India-EU trade
deal enter into force?
Response:The trade deal will enter into force on the first day of the second month following
the date on which India and the EU exchange written notifications confirming completion
of their respective internal legal procedures, or on any other date mutually agreed
by the Parties.
59. What is the duration of the India-EU FTA?
Response: The India-EU trade deal is valid for
indefinite duration. Either Party may terminate the trade deal by providing written
notification, with termination taking effect after the period specified in the trade
deal.
60. Can the India-EU trade deal be amended?
Response:Yes, the trade deal may be amended by written agreement between India and the
EU. In addition, the Joint Committee is empowered to adopt decisions to amend specific
parts of the Agreement, such as the Rules of Procedure and the Code of Conduct under
the Dispute Settlement chapter, subject to completion of the Parties’ respective
internal procedures.
61. What are the provisions for review of the India-EU trade deal?
Response: The trade deal provides for a general
review by the Joint Committee within five years of its entry into force and thereafter
every five years, or at such other times as may be agreed by the Parties. The review
assesses, inter alia:
·
progress in market access liberalisation; and
·
whether mutually beneficial outcomes are flowing from the implementation
and operation of the FTA.
62. In which languages will the India-EU trade deal be published?
Response: The trade deal will be published in
English, Hindi, and the official languages of the European Union. All language versions
will be equally authentic. In case of divergence of interpretation, English will
prevail.
63. How will the India-EU trade
deal be administered?
Response: The trade deal establishes a Joint Committee
comprising representatives of both India and the EU. The Joint Committee functions
in accordance with the Rules of Procedure set out in the FTA. These functions include
·
overseeing the proper and effective functioning of the FTA;
·
monitoring implementation and overall operation of the Agreement;
·
considering ways to further enhance bilateral trade;
·
addressing issues relating to interpretation and application of the FTA;
and
·
supervising and coordination the work of specialized committees and working
groups dealing with technical and sector-specific matters.
64. How are stakeholders involved in the implementation of the trade deal?
Response: Each Party is required to establish
or designate a Domestic Consultative Mechanism comprising relevant non-governmental
stakeholders. These mechanisms provide inputs on the implementation of the FTA and
facilitate structured stakeholder engagement.
65. Does the trade deal create any enforceable rights for private individuals
or companies?
Response: No, the trade deal does not confer direct
rights or impose obligations on private persons, nor does it allow the trade deal
to be directly invoked in domestic courts. Rights and obligations under the trade
deal exist only between the Parties.
66. Are India’s rights under existing tax treaties affected
by the trade deal?
Response: No, the trade deal explicitly preserves
the rights and obligations of India and the EU or its Member States under existing
tax conventions. In the event of any inconsistency between the trade deal and a
tax treaty, the tax treaty will prevail to the extent of the inconsistency.
67. To what extent does the India–EU trade deal affect India’s regulatory autonomy?
Response: The FTA preserves the regulatory autonomy
of both India and the EU to suitable extent. The General Provisions and Exceptions
include provisions that allow each Party to adopt or maintain measures necessary
to protect public morals, public order, public health, security interests, and other
legitimate policy objectives.
68. Does the trade deal limit India’s ability to take security-related measures?
Response: No, the trade deal contains comprehensive
security exceptions allowing India to take any action it considers necessary to
protect its essential security interests, including those relating to defence, national
emergencies, and obligations under the UN Charter.
69. How is confidential and sensitive information protected under the trade deal?
Response: The trade deal contains explicit provisions
on the protection of confidential information. A Party is not required to disclose
information where disclosure would impede law enforcement, be contrary to public
interest, violate domestic law, or prejudice legitimate commercial interests. Any
confidential information shared under the trade deal must be used only for the purpose
for which it is provided. Additional confidentiality requirements are set out in
specific chapters also.
70. What happens if India or EU face
balance-of-payments or external financial difficulty?
Response: In situations of serious balance-of-payments
or external financial difficulties, a Party may adopt temporary and non-discriminatory
restrictive measures in accordance with IMF rules and relevant WTO provisions. Such
measures must be proportionate, transparent, and phased out as conditions improve.
71. How does the trade deal ensure
consistency with India’s WTO commitments?
Response: The trade deal reaffirms the Parties’
rights and obligations under the WTO Agreement and incorporates relevant WTO provisions,
including GATT and GATS exceptions. Nothing in the trade deal requires India to
act inconsistently with its WTO commitments.
72. How are disputes under
the Legal and Institutional Provisions resolved?
Response: Disputes relating to interpretation
or application of the trade deal may be addressed through consultations in the Joint
Committee or specialised committees. Where required, matters may be taken up under
the Dispute Settlement mechanism of the trade deal, without prejudice to Parties’
right to approach the Rapid Reaction Mechanism.
73. How does the trade deal address
the accession of a third country to the European Union?
Response: The trade deal contains a dedicated
provision on Future Accessions to the Union. Under this provision, the EU
is required to:
·
notify India of requests for accession by third countries;
·
provide relevant information during accession negotiations, upon request;
·
take into account India’s concerns; and
·
put in place necessary amendments, adjustments, or transitional arrangements
to address the effects of such accession on the FTA.
Rapid Reaction Mechanism
74. What is the Rapid Reaction Mechanism (RRM) under the India–EU FTA?
Response: The RRM is a dedicated and expedited
mechanism to address:
·
concerns arising from measures of general application;
·
future or planned regulatory initiatives or developments; and
·
major implementation issues under the FTA that have the potential to disrupt
or significantly impede bilateral trade between India and the EU.
The RRM operates through a three-tier
structure:
·
Consideration at the level of the relevant specialised committee;
·
Escalation to senior officials of the Joint Committee, if required; and
·
Final consideration at the Ministerial level of the Joint Committee.
All stages are subject to defined timelines
to ensure expeditious resolution of issues.
75. What safeguards exist against misuse of the Rapid Reaction Mechanism?
Response: The RRM is subject to a clearly defined
scope, timelines, and escalation procedures. It is without prejudice to the Dispute
Settlement chapter and is designed to complement, not replace, existing institutional
mechanisms under the trade deal.
Sustainable Food System
76. What is the Sustainable Food Systems (SFS) chapter, why was it included,
and what does India gain from it?
Response: The SFS chapter is a standalone cooperation
chapter in the India–EU trade deal, the first of its kind in any Indian trade agreement.
It was included because sustainability issues such as food safety, antimicrobial
resistance, food loss, and sustainable production practices are increasingly shaping
agri-trade and consumer trust.
For India, the chapter creates an institutional
platform for structured cooperation with the EU on these themes, without imposing
new regulatory obligations. It strengthens India’s export credibility in high-value
markets, provides early visibility on evolving sustainability debates, and supports
domestic priorities such as public health, climate resilience, and resource efficiency.
Most importantly, it elevates sustainability from a side reference to a core pillar
of trade cooperation.
77. Will India be required to change
its food safety, environmental, or agricultural laws because of this chapter?
Response: No. The chapter explicitly preserves
each Party’s right to regulate. It contains no binding harmonisation commitments
and no obligation to amend domestic legal or regulatory frameworks.
78. Is the SFS chapter a backdoor
for EU green conditionalities or new compliance burdens on Indian farmers and exporters?
Response: No. The SFS chapter is a cooperation
framework, not an enforcement or conditionality instrument. It does not impose new
import requirements, regulatory procedures, or binding sustainability standards
on India.
[*] DISCLAIMER: This is published
for information purposes only, does not create any legal obligations and may undergo
further modifications including as a result of the process of legal revision/ scrub
and final approvals.