EFFECTIVE REGULATORY PRACTICE E. J. van Rooyen Tshwane University of Technology South Africa RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM

Policy recommendations are made for the development of an African policy framework that will respond to the needs of the region Firstly, the recommendations are informed by an analysis and closer scrutiny of the international technical regulatory policies of the World Trade Organisation, the regional policies of the Asian Pacific Economic Community and the Organisation for Economic Co-operation and Development, and at African level, the technical regulatory policies of the Southern African Development Community Secondly, the recommendations are supported by international and Southern African Development Community policy trends in the areas of standardisation, metrology and accreditation 2 Tshwane University of Technology – ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM - Preceding Research - Prior research highlights the importance of state institutional capacity and the responsibility of governments to set appropriate policies and invest in appropriate institutions and to manage them effectively in order to support economic growth and sustainable development African businesses are impacted on negatively by the relatively higher costs of doing business with affluent and more developed (e.g. EU) countries – this requires changes/new approaches by African governments – Adapting and improving their policy regime and institutional capacity Focus of such public policy reforms is the adoption of policies, standards and practices that can lead to improved economic growth and sustainable development, and which may result in greater overall political stability Special reference is made towards technical regulatory reform and institutions of technical nature to assist in achieving improved economic growth for development (e.g. Bureaux of Standards, Boards of Accreditation, departments of trade and industry and economic development etc. ) Many of the reforms and changes have failed and this negatively impacts on among others state institutional capacity, which is crucial for development and in turn, many of the reforms and changes have failed because of the lacking institutional capacity Tshwane University of Technology - ICPS

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Clarification of terminology: – Technical Regulatory Reform Reforming and adapting the technical regulatory regime governing trade between countries or Regions. – Tariff and non-tariff barriers Tariff and non-tariff barriers to trade are measures that are put in place in/by a country to which an exporter wants to export to. These barriers make it difficult for existing end especially new entrants to the manufacturing environment to export their products. These measures may be considered undesirable in the context of world trade, because they restrict the flow of goods and are detrimental to the consumer as it may make. – Metrology Concerns the application of measurement science to manufacturing and other processes and their use in society, ensuring the suitability of measurement instruments, their calibration and quality control of measurements, especially in trade endeavours where production standards are of importance. 4 Tshwane University of Technology - ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Research presented concludes with recommendations for policy(ies) for a common African approach to technical regulatory reform based on best practice and derived from experiences which may be termed as “worst practices”: which may be applicable and valuable for Africa; for the establishment of a regime for African co-operation and co-ordination on technical regulations, standards, metrology and accreditation; to develop complementary sub-regional capacity to meet the needs of the African sub-regions and to provide building blocks for co-operation; and lastly, for technical support to enterprises to manufacture and sell quality goods and services, which they can export competitively to other African countries and to countries in other regions across the world. 5 Tshwane University of Technology - ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM - Conditions - An African approach to co-ordination should emphasise regional integration of common functions so that these are supplied more cost-effectively to all member states from a regional or sub-regional resource The approach should aim at establishing cost-effective institutional capacity at regional and sub-regional level The recommended policy interventions should be based on a thorough needs assessment for all parts/sections of the African economy with the understanding that there is no ready-made model for technical regulatory reform African policy-makers should provide ongoing political and financial commitment to the policy decisions Sustainable development bias – socio-economic development emphasis, natural environmental considerations (sustaining bio-diversity, “fair trade” practices, cultural and ethnic sensitivity etc.) 6 Tshwane University of Technology - ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM After consideration of the assessed needs, policy implementation should be based on planning and appropriate sequencing of interventions in order to ensure that the technical infrastructure in Africa is coordinated and developed in a sustainable manner This includes a clear articulation of the resources and especially finance that will be required to sustain the necessary technical regulatory infrastructure taking into consideration regional and sub-regional service delivery options, which may achieve better economies of scale FIVE policy recommendations are made: Tshwane University of Technology - ICPS

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 1: Develop an African technical regulatory reform policy RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 1: Develop an African technical regulatory reform policy Policies set out the principles that govern the reforms and provide information to stakeholders on what may be expected from the reforms The main aim of the technical regulatory reform policies are to eliminate unnecessary barriers to trade between countries in the region and thus to create an environment that may facilitate trade liberalisation and be attractive to investors Possible driver/coordinating entity may eventually be AU or SADC etc. 8 Tshwane University of Technology - ICPS 2012 Policies set out the principles that govern the reforms and provide information to stakeholders on what may be expected from the reforms The main aims of the technical regulatory reform policies are to eliminate unnecessary barriers to trade between countries in the regions and thus to create an environment that may facilitate trade liberalisation and be attractive to investors

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 2: Establish institutional arrangements for an African technical regulatory framework RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 2: Establish institutional arrangements for an African technical regulatory framework An institutional arrangement is necessary for co-ordination of different aspects of the reform policies and it creates a framework for accountability Possible driver/coordinating entity may eventually be AU or SADC etc. 9 Tshwane University of Technology - ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 3: Establish and strengthen co-ordination of technical regulatory activities in the African sub-region RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 3: Establish and strengthen co-ordination of technical regulatory activities in the African sub-region The aim of this policy recommendation is to improve coordination of Africa’s sub-regional technical regulatory reform efforts The sub-regional co-ordination will be the building blocks for African cooperation The sub-regional co-operation activities may focus on the exchange of professional and technical information and transfer of expertise in the sub-region Cooperation may also include cooperation amongst the sub-regional countries to implement sub- regional programmes related to technical regulation, metrology, standards and accreditation and to identify technical problems which might form the subject of joint projects Other activities may include coordination, endorsement and harmonisation of sub-regional training, establishment of communication channels and dissemination of information on sub- regional technical infrastructure activities The co-operation should aim to effectively utilise technical and financial resources and services of the countries in the sub-region and of the deployment of these towards identified regional development needs 10 Tshwane University of Technology - ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 4: Strengthening national institutional capacity for standards, conformity assessment and metrology RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 4: Strengthening national institutional capacity for standards, conformity assessment and metrology African countries face challenges in terms of improving domestic capacity to assist domestic manufacturers to meet the quality standards, safety and environmental technical regulations, which are required in global markets Institutional reform and investment in human capital as well as infrastructure improvements in testing laboratories and certification facilities are becoming increasingly important Governments of African countries thus need to accept the responsibility for the establishment of national metrology institutes as it provides the foundation for standardisation, accreditation and conformity assessment It is essential because it facilitates the acceptance of measurements related to products that manufactures may want to export, law enforcement related to measurements and it supports scientific results The level of metrology available to the country needs to be informed by the needs of the industry and the government This area requires substantial investment and, thus, careful planning and a sound knowledge of what is actually needed 11 Tshwane University of Technology - ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 5: Provide specific organisations/entrepreneurs with technical assistance RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Recommendation 5: Provide specific organisations/entrepreneurs with technical assistance Support for specific African organisations/entrepreneurs that need financial and technical assistance to meet standards and technical regulations for export Specific actions include identifying a number of business entities per priority sector, which have the potential to manufacture/produce and export The activities include analysing the quality needs of each entity through a diagnostic process and developing as well as financing of a restructuring plan Assistance may include providing technical support, as well as coaching for the implementation of the upgrading activities of the beneficiaries 12 Tshwane University of Technology - ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM - Conclusion - In essence governments need to give effect to policies that are supportive to trade extension and to generally create and sustain an entrepreneurial “spirit” What is needed is directed political leadership and a thorough comprehension (strategic imperative) of what is needed to facilitate the ideal of trade extension in their respective countries and region Bureaucrats should in addition have the appropriate technical knowledge and skills to administer trade extension programmes Further research is currently underway, which focuses of the modalities associated with formulating, coordinating and eventually implementation of such policies 13 Tshwane University of Technology - ICPS 2012

RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM RECOMMENDATIONS FOR AN AFRICAN POLICY APPROACH TO TECHNICAL REGULATORY REFORM Thank You E. J. Van Rooyen Tshwane University of Technology - ICPS