National Capacity Building for SPS Compliance; Challenges and Opportunities Esther Kimani (PhD) GENERAL MANAGER-PHYTOSANITARY SERVICES KENYA PLANT HEALTH INSPECTORATE SERVICE (KEPHIS) Website: www.kephis.org Email: ekimani@kephis.org Presentation made at the International Flower Focus on Sustainability for Growth. Visha Oshwal Centre. 6th June, 2013, Nairobi, Kenya

Presentation Outline Introduction WTO-SPS Agreement KEPHIS KEPHIS Services Challenges Opportunities

Introduction The Kenyan Vision 2030 aims to achieve 10% economic growth rate Agriculture recognized as a fundamental driver of growth Tea and horticulture rank as the highest foreign exchange earners for the country To be competitive, High quality agro inputs and produce Standards provide guidelines for quality assurance SPS requirements are some of the standards that affect agricultural trade

Global System for Agricultural Trade WORLD TRADE ORGANIZATION AGRICULTURE SPS TBT OIE IPPC CODEX

WTO-SPS Agreement: SPS Measures Measures are designed to protect: Human/ animal life from risks arising from additives, contaminants, toxins, or disease causing organisms in food/feed Human life from diseases carried by plants and animals Animals and plant life from pests, diseases or disease causing organisms Measures aim at preventing introduction and spread of pests and diseases

Some reasons for SPS standards Consumers more aware on foodsafety issues Man has carried many worlds’ most serious Pests across deserts and oceans. The role of man as a dispesal agent was recognized after experiencing serious disasters. Some of the notable examples in plant include the following: 1845- Phytopthora infestans (late blight) on Irish potato from South America to Europe 1869-Hemileia vastatrix (coffee leaf rust) from Africa to Sri Lanka 1983- Prostephanus truncates (Lager grain borer) from South America to East Africa through maize imports 1989- Eichhornia crassipes (Water hyacinth) from South America. 1990- Cypress aphid

Application of SPS in Kenya Department of Veterinary Service (DVS) Ministry of Health and Sanitation (Public Health)/ KEBS Kenya Plant Health Inspectorate Service

KEPHIS KEPHIS is Kenya’s National Plant Protection Organization (NPPO) A state corporation under MoA Established under the State Corporations Act (Cap 446) Commenced operations in Nov. 1997 Regulates agricultural sector through the application / enforcement of Sanitary and Phytosanitary (SPS) measures among others duties

KENYA PLANT HEALTH INSPECTORATE SERVICE The Mandate of KEPHIS Plant Variety Protection Seed Certification Phytosanitary Services /quarantine Quality Assurance – Ag Inputs Regulation on GMOs/ biologicals ACL – Soil, Tissues, Water, MRLs Certification of produce Inspection & Grading “Sustaining and Safeguarding Agriculture, Food, Environment and Trade”

International Standards Applied International treaties/ conventions to which Kenya is a signatory that guide KEPHIS activities include: The Union for the Protection of New Plant Varieties of Plants (UPOV) The International Seed Testing Association (ISTA) Organization for Economic Cooperation and Development (OECD) Seed Schemes. FAO- International Plant Protection Convention (IPPC) CBD- Cartegena Protocol on Biosafety (CPD) FAO / WHO- Codex Alimentarius Commission WTO - Sanitary and Phytosanitary Agreement

Legal Framework The National legislations that provide the authority for KEPHIS operations includes but not limited to: Cap 324- The Plant Protection Act Cap 325- The Suppression of Noxious Weeds Act Cap 326- The Seeds and Plant Varieties Act Cap 319- The Agriculture Produce (Export) Act Others (The Fertilizer and Animal Foodstuffs Act, Cap 345 and The Pest Control Products Act, Cap 346)

KEPHIS OFFICES

SPS Services at KEPHIS Participate in trade negotiations for Market Access Provide information and conduct pest risk analysis Laboratory services for testing commodities for compliance to phytosanitary and food safety requirements Inspections for quality standards Facilitate access to quality agro inputs Undertake surveillance and provide early warning services Import inspections and export certification

Chemical Analytical Support Quality fertilizers/ pesticides Pesticide residues on produce Environmental testing The Analytical Chemistry Laboratory (ACL) is accredited to ISO- 17025 by SANAS

Seed Certification Use of Quality seed maximize crop productivity 1) Imported seed 2) locally produced seed Seed Testing Laboratory is Accredited (ISO 17025) by the International Seed Testing Association (ISTA)

Field Inspection Variety Testing: Evaluation maize variety Variety Testing: Evaluation Sunflower variety Variety Testing: Evaluation maize variety

Phytosanitary/ Plant Health Services Aim to protect agriculture/environment through prevention of introduction and or spread of quarantine pests, diseases and noxious weeds Plant protection/quarantine services Plant clinics/ diagnostic labs Oversight of National Biosafety regulations Phytosanitary inspection & certification Border control Gather and Analyse Pest Risk Analysis (PRA) information Collaborate with KWS to facilitate exchange of CITES plant materials

Flower grading KEPHIS inspection critical here for market access and sustainability .

Production Facility inspection Use of check lists and specific crop / pest protocols for effective on-farm inspections- more critical for propagation materials

Pest Detection Prompt detection of Quarantine Pests at actively growing stage Enabling a flourishing export

Imported Commodities that may be regulated Plants and plants products for all purposes (inc. flowers) Storage facilities Packaging material Conveyances and transport facilities Soil organic fertilizer and related materials Travellers personal effects Organisms capable of harboring or spreading pests Potential contaminated equipment Research materials International mail and courier services Pest and biological control organisms

Import Regulations in Kenya These are in 3 categories 1. Imports that are permitted Risk of importation is low and permits are issued after fulfilling application requirements. 2. Imports under quarantine Risk of importation in high and material is held under examination until risk assessment can be done. 3. Imports that are prohibited These are materials that are too risky to introduce into the country. Materials may be imported after approval by KSTCIE

Procedures for Phytosanitary inspections & certification Plant import procedures Apply for Plant Import Permit (PIP) from KEPHIS (details import conditions) And notice to import seed (Form SR14) for seed NPPO of the country of origin issue Phytosanitary Cert. based on conditions in PIP All plant materials declared at point of entry Prohibited/non compliant material destroyed or shipped back It is an offence not to comply with phytosanitary regulations (Cap 324)

Plant Export Procedures Avail import conditions of destination country Plant materials inspected at exit point and/or during active growth. Must comply with the importing country requirements Phytosanitary certificate and conformity certificate issued Special procedures for restricted material (e.g. CITES). Clearance from KWS required.

Procedure for Re-export Must comply to Kenya import requirements and requirements of final country of import Re- Export consignment are those imported from other countries and handled in one way or another in Kenya before exporting into other countries Require re-inspection and issuance of either a re-export phyto sanitary certificate or a phytosanitary certificate Need to track and ensure they are re- exported

Consignments on Transit Do not need to comply with Kenya’s import requirements Transit consignments are those that pass through a country without being imported under custom control. KEPHIS may apply measures if technically justified and necessary to prevent introduction and spread of pests For consignments accompanied by a phytosanitary certificates and not opened in Kenya, KEPHIS only verifies the documentations from country of origin Need to improve the tracking of these consignments

Something to Note No single agency or organization has both the legal authority and a sufficient level of resources to conduct an effective mitigation to protect human, animal and plant health and life without the involvement and support of others Therefore, the need to bring together relevant public and private sector players Relevant skills and expertise in developing and implementing effective mitigation activities, to Protect Human, animal and plant Health and life need to be brought together

Current Challenges in SPS Limited resources Lack of specialized capacity in specific disciplines Inadequate visibility of service providers Inadequate awareness about institutional Services Inadequate Implementation procedures Inadequate legal capacity Increased competition for skilled staff Inadequate institutional succession planning Conflicting and unclear mandates

Challenges Inadequate coordination of public agencies for service delivery Challenges in Document processing Challenges in communication Emergency of new SPS threats (new pests, food safety) Growing digital divide, ICT security risks and threats Evasion of certification services by stakeholders Changing analytical technologies

Opportunities Increase demand for services Enhanced cooperation with stakeholders and collaborators Strategic location in relation to East Africa and the Region Ready availability of skilled manpower in the market A vibrant economy and improved agricultural growth Increased demand for high quality agro inputs Willing support for development partners Regional harmonization of policies Access to professional training

Capacity at KEPHIS Establishment of Automated support system for enhanced phytosanitary capacity and communication Construction of modern laboratories for pest diagnosis and quality assurance Accredited laboratories Training of staff Establishment of linkages with local and international collaborators

Capacity Building activities Enhance staffing levels and skills Acquire and improve ICT infrastructure and systems Enhance other infrastructural requirements for efficient and effective implementation of SPS Enhance institutional management Establish strategic partnership for delivery of service (local and international organization) Capacity building for neighboring countries

Example: ICT capacity- Import System Automated import request verification & approval, ASSIP – K System Secure online Import requests Other Gov. Agencies Import requirements available online Automated Inspection Quarantine ? Permit ? Automated import Notification (SIMBA SYSTEM) Cargo freight

Thank you for your attention

Kenya Plant Health Inspectorate Service e.mail: director@kephis.org For more information Contact: MANAGING DIRECTOR Kenya Plant Health Inspectorate Service (KEPHIS) e.mail: director@kephis.org