India Warns WTO about EUís Proposal for E-commerce Rules

    India has opposed the proposal on the grounds that it will impact domestic industry and job creation

    EUís proposal will be discussed along with proposals from other countries on 13-15 May at Geneva

India has expressed apprehensions about the European Unionís (EUís) proposal on Friday to create new e-commerce rules on grounds that the high standards being proposed could decimate both the goods and services tariff rules under the World Trade Organisation (WTO), impacting its domestic industry and job creation.

Addressing the informal Trade Negotiations Committee of the Heads of Delegates on Friday, Indiaís permanent representative at the WTO J.S. Deepak said most developing countries including India are not ready for binding rules in e-commerce. ďWe fear the impact of some of the e-commerce rules being proposed under the Joint Initiative on e-commerce, on existing trade rules, particularly the General Agreement on Tariffs and Trade (GATT) tariffs, which protect our industry, and General Agreement on Trade in Services (GATS) schedules that provide us useful flexibilities. Both the GATT and GATS could wither away due to the onslaught of the so-called Ďhigh standardí e-commerce elements," he added. While the GATT rules regulate goods trade among WTO members, rules of GATS govern the trade in services among member countries.

The EU, US, Japan and China are among 76 members of the WTO that launched negotiations to set future rules and obligations in electronic commerce in January at the sidelines of the World Economic Forum in Davos. India has opposed any such move to set e-commerce rules outside the ambit of WTO and has insisted that the current multilateral programme on e-commerce under WTO should be taken to its logical conclusion. ďIn our view, going against this exploratory mandate and starting negotiations on e-commerce, strikes at the very roots of the multilateral system," Deepak said.

The EU on Friday made public the text of its initial negotiating proposals for e-commerce that include tackling barriers that prevent cross-border sales today; addressing forced data localization requirements, while ensuring protection of personal data; prohibiting mandatory source code disclosure requirements; and permanently banning customs duties on electronic transmissions, among others.

India is currently drafting a national e-commerce policy, which seeks to use Indiaís data for its own development rather than allow its value to be appropriated by others. ďIt also proposes to preserve our flexibility of imposing customs duty on electronic transmissions to protect domestic industry and leverage technology for creating jobs and wealth, by ensuring competition and a level playing field. We are also keen to assess the extent of sacrifice of revenue involved, and the distribution of this loss among Members, when new technologies like additive manufacturing will result in electronic transmissions cascading and many dutiable goods being manufactured by digital printing," Deepak said in his statement.

While the EUís e-commerce proposal will be discussed along with proposals from other participating countries on 13-15 May at Geneva, India has decided to hold an informal WTO ministerial meeting of select developing countries on 13-14 May in New Delhi to finalize a Delhi Declaration on development and WTO reforms including on e-commerce.

Deepak in his speech said the topmost priority of WTO members has to be a reform agenda that is balanced and inclusive and solves problems that India faces in the WTO rather than that which imposes additional burdensome obligations. ďAt the same time, we need to protect and preserve the dispute settlement system at the WTO," he added.

Moreover, preserving special and differential treatment for all developing countries and LDCs (Least Developed Countries) which is a core principle of the WTO as well as addressing the asymmetries in Uruguay Round Agreements should be an overriding priority," he added.