EAC SPS ARCHITECTURE: an Overview of the Regional SPS Design EAC PUBLIC-PRIVATE SECTOR WORKSHOP WTO TRANSPARENCY REQUIREMENTS AND PROCEDURES ON TBT AND SPS 21ST & 22ND MARCH 2016, HILTON HOTEL, NAIROBI, KENYA Timothy E. O Wesonga Senior Livestock and Fisheries officer Agriculture and Food Security Department EAC Secretariat Email: twesonga@eachq.org

EAST AFRICAN COMMUNITY An intergovernmental organization of the of 5 Partner States ( South Sudan soon) Guided by the EAC Treaty EAC Treaty is the main instrument of Integration The East African Community (EAC) is the regional intergovernmental Organization of the Republics of Burundi, Kenya, Rwanda, the United Republic of Tanzania, and the Republic of Uganda, with its headquarters in Arusha, Tanzania.

Outline Introduction EAC Mandate and SPS What are SPS measures EAC Policy environment and International Obligations Rational of EAC SPS initiative EAC SPS Instruments and Status SPS Protocol Border Posts Way foreward ( In general: Governance system and Instruments)

Introduction  EAC considers SPS and consequently Food Safety as important. This is mentioned in several EAC documents including the EAC Treaty; EAC Development Strategy; EAC Common Market Protocol, EAC Customs Union, EAC Food Security Action plan and other instruments Article 108 (c) of the Treaty and Article 38 of the Protocol on the Establishment of the East African Community Customs Union provide for the Partner States to harmonize sanitary and phytosanitary measures in order to facilitate trade within the community and other trading partners. International trade influences: Promotion of the economic development Alleviation of poverty. SPS measures may influence on: Many restrictions in international trade.

Mandate for SPS The EAC SPS Protocol was developed in line with Article 108 of the EAC Treaty, which requires the Partner States to harmonize SPS measures for pest and disease control. Taking cognizance of the above provisions of Article 108 of the EAC Treaty, Article 38 of the Protocol on the Establishment of the East African Customs Union requires Partner States to co-operate in several areas including SPS measures in accordance with international best practice. In addition, Article 45(3) of the EAC Common Market Protocol on cooperation in Agriculture and Food Security calls for an effective regime of Sanitary and Phytosanitary (SPS) measures, standards and technical regulations in the region. the EAC Treaty Article 81 provides for Partner States to cooperate in Standardization, Quality Assurance, Metrology and Testing (SQMT) matters and Technical regulations to facilitate trade. SQMT Act – Safe trade

What are SPS measures ? SPS measures include laws , decrees, regulations, requirements and procedures which can be applied to protect animal or plant life or human health within a territory of country form risks. The Risks may arise from plant pests(insects, bacteria, virus), additives, residue(of pesticides or veterinary drugs), contaminants(heavy metals) toxins or diseases-causing organisms in foods, beverages or feedstuff, and measures and diseases

EAC POLICY ENVIRONMENT EAC Agriculture and Rural Development Policy and Strategy EAC Livestock Policy – at council EAC Food and Nutrition Policy – at council EAC Food Security Action Plan – Being implemented EAC Plan of action for enhancing Resilience of pastoralists in the drylands of EAC EAC Strategy on Prevention and Control of Transboundary animal Diseases and Zoonosis

International obligations All EAC Partner States have obligations and rights under: World Trade Organisation (WTO) Agreement, Sanitary and Phytosanitary Measures (WTO-SPS Agreement), International Plant Protection Convention (IPPC), World Organisation for Animal Health (OIE), (FAO/WHO) Codex Alimentarius and other relevant international protocols WTO TBT & SPS Agreements identify the need to apply standards in trade while avoiding protectionism in disguise

Rational of EAC SPS Initiative The harmonized regional sanitary and phytosanitary measures will improve the human health, animal health and plant health situation in all Partner States for the purposes of ensuring rational development of the agricultural sector and increase quality production to ensure food security and safety and free trade in agricultural products within the community and other trading partners; Driving forces Safe trade (Protection of health) Food Security Income Generation Existing agreement/ Declaration Integration instruments Tripartite Initiative Trade Agreements like EAC and US CAADP Malabo Declaration – Triple InterAfrican trade(BIAT)

THE EAC SPS instruments/ architecture Legal agreement – Broad cooperate in the harmonisation of plant health, animal health and food safety measures. Under going Ratification. Uganda and Rwanda have ratified SPS Protocol Phytosanitary Measures Post harvest handling Measures for Aflatoxin control. Sanitary Measures(Mammals, birds , bees and their products Sanitary Measures(Fish and Fishery Products) Food and Feed Safety Measures SPS measures guide Implementation of SPS measures Legally binding Drafting to start EAC SPS Bill The Regional measures will promote and enhance intra and inter-regional safe trade and integration in Africa.

SS Protocol SPS measures SPS Bill Instruments status Under going Ratification Rwanda is through the ratification process It anticipated that by July 2016 the ratification process will be completed SS Protocol Fish and Fishery Products measures finalized. The SOPs and IGs in place Phytosanitary, Mammals, Birds and Bees and Food Safety measures Instruments have completed but their SOPs and IGs are still are work in progress SPS measures Work on development of the EAC SPS Bill has been initiated SPS Bill

Directorates at EAC Directorate of Productive Sector handles, agriculture, veterinary, industry, environment sectors Directorate of Trade and Customs handles standards of commodities including food in trade Directorate of Social Sectors handles Human Health, Drugs and pharmaceuticals. Similar arrangements(Food Controls) are reflected on the National Level Coordination / Implementation Team EAC Secretariat SPS Coordination team DG – Customs and Trade Principal Standards Officer Principal Agriculture Economist Principal Health officer Senior Livestock and fisheries officer Propose Regional SPS committee National SPS Committee Arrangements at National level should ensure improved coordination between key actos/players

EAC SPS Protocol The principal objective of the SPS Protocol is to adopt and enforce sanitary and phytosanitary measures in order to minimize their negative effects on trade. The Protocol elaborates rules for application, which relate to the use of sanitary and phytosanitary standards, measures, procedures and recognizes the rights of importing countries to implement these measures.

Objectives of the protocol The objectives of this Protocol are to; promote trade in food and agricultural commodities within the Community and between the Community and other trading partners promote within the Community, the implementation of the principles on; harmonisation, equivalence, regionalisation, transparency; and risk assessment in the Agreement on the Application of Sanitary and Phytosanitary Measures; strengthen cooperation and coordination of sanitary and phytosanitary measures and activities at national and regional level, based on common understanding and application within the Community; and enhance the sanitary and phytosanitary status through science based approach in the Community.

Scope Partner States cooperation in the adoption of sanitary and phytosanitary Cooperation in the harmonization of plant , animal and food safety measures

The EAC SPS Interpretations Objectives Scope of cooperation Plant Health Animal Health Food Safety Competent authorities Border Post Control Sharing of information and Expertise Technical Assistance Harmonization of Policies, law and regulations Institutional arrangements

Cont. Regulations , Directives and Decisions Dispute settlement Amendment of the protocol Entry into force Depository and Ratification

Border Posts Control Article 8 of the EAC SPS Protocol Partner State to facilitate smooth movement of food and agricultural commodities Identifying and declaring border posts that permit movement of food and agricultural commodities across the region’ Conducting joint inspection and clearance of food and agricultural commodities Developing the infrastructure and building capacity in border posts

EAC Governance Structures EAC Secretariat – SPS Desk Regional SPS committee National SPS committee Technical commodities at regional and national levels Inco operation of other stakeholders Approach= ‘value chain approach’

Beneficiaries of the SPS Agreement: The consumers, The exporters of agricultural products, The importers of food & other agricultural products. EAC Protocol and WTO SPS Agreement Note the similarities in fundamental principal between the EAC SPS protocol and the International Obligations( WTO SPS Agreement) Enhance safe trade by protecting animal, plant and human. Non discrimination, scientific justification, Equivalence, Regionalism, Transparency etd

Way forward Implementation of the Regional SPS Road Map Work has started – Training of Inspectors Sensitization of Stakeholders Support to the National SPS committees

PRIME CUT: BEEF STEAK

A prosperous, competitive, secure and politically united East Africa Thank You! Asante! Merci A prosperous, competitive, secure and politically united East Africa 09/11/2018