1 HARMONIZATION OF SEED POLICIES AND REGULATIONS: Challenges and results By Obongo Nyachae Presentation made during 8 th OFAB Meeting in Nairobi: 28 th June, 2007

2 OUTLINE Introduction to harmonization Key areas identified Specific issues to be addressed Implementation mechanism Progress made Results Lessons learnt Way forward

3 INTRODUCTION TO HARMONIZATION ASARECA undertook study on regional seed markets in late 1990’s Study showed seed markets were too small to attract investment Each country had different laws, policies, regulations and standards Harmonization was key to addressing the identifies issues

4 Introduction cont.. Key areas Five key areas were identified to restrict seed movement in region: –Variety evaluation, release and registration process –Seed certification –Phytosanitary measures –Plant Variety Protection –Import/export documentation

5 Introduction cont.. Process Introduction cont.. Process National resource persons were hired to undertake country studies in 1999 The country reports were discussed nationally The outputs were discussed with national policy makers

6 Introduction: Process cont.. Regional consultations held, with input from national and external resource persons Agreements were finally arrived at in June 2000 These are summarized in ASARECA Monograph No. 4 of 2000

7 MECHANISM OF IMPLEMENTATION Seed Regional Working Group (S-RWG) established June 2001 S-RWG transformed to Eastern Africa Seed Committee (EASCOM) from Nov 2004 to date to include policy makers

8 COMPOSITION OF EASCOM one representative from each ASARECA member as follows: –National Seed Trade Associations –National Certification Agencies –Ministries of Agric policy dept –Plant breeders assoc/NARI

9 PROGRESS MADE 1.Variety evaluation and release process: Has been greatly simplified (breeder undertakes evaluation to point of release, NCA validates tests in NPT; and release thro Policy Committee) Testing period reduced from three years to two seasons

10 1. Results: Variety evaluation... Greater access to improved varieties by farmers Regional Variety List for KE; UG; TZ: (April 2004) More private sector participation in release process ( Ref Regional Var List )

11 Results: variety evaluation… The RVL showed 7 regional varieties Maize20 var Wheat4 var Common Bean2 var Climbing Bean2 var Pigeon pea2 var Sorghum2 var Sunflower1 var

12 YearNo VarBreeder (Kenya) KARI/KSC KSC – 7 Pannar 1 Pioneer KARI – 2 KSC 4 Monsanto – 1 Pannar KSC - 5 KARI 3 Pannar – 3 OCD KSC – 4 KARI 3 WSC – 3 Pioneer 1 Lagrotech WSC – 8; KSC 6; Pann 2 Mon 2; Pioneer/Lagro/Seedco =1 each

13 Results: Variety evaluation… Year No varieties Breeder (Kenya) 20056KARI = 2; Private = KARI/CIMMYT = 1 Private = KESREF = 4 Sugarcane KSC = 3; KARI = 1; WSC = 1

Results…more companies KenyaUgandaTanzania 1995 – – – – – – – – – – – 58 Stak – – 11 Usta 1999 revamp – 17 Tasta 2002

15 Seed production/import 98/9999/0000/0101/0202/0303/0404/0505/06 Area planted (ha) 15, ,18318,14517,39 5 7,4379,69511,94015,8 65 Approved (ha) 14, ,19517,01816,10 1 6,4299,27210,29113,194 %Approved Local prod (mt) N/a23,33134,01925, ,02230,87827,43023,901 imports (mt)N/a9581,2641,1751,6852,0754,4896,876 Total (mt)-24,28935,28327, ,70732,95331,91930,777 Import (% total)

16 Yr Prod (‘000mt) 23,334,025,826,030,927,423,9 Import (‘000mt) 0.961,31,21,72,14,56,9 Total (‘000mt) 24,335,327,027,733,032,030,8 Imp (% total) Exp (mt) (Kephis) 114,0 = 0.37% of production Value (ISF) US$ 42M; vs $800M in SAA Vs $30B global

17 Progress made … 2.Certification standards Have been made for 10 crops economically important in EAC Standards based on OECD Laboratory testing based on ISTA Rules Have been included in Draft Seed Bill 2007 for Kenya

18 Crops selected for harmonization 1.Maize – (Zea mays) 2.Sorghum, (Sorghum bicor) 3.Beans (Phaseolus vulgaris) 4.Groundnuts (Arachis hypogaea ), 5.Soybeans, (Glycine max),

19 Crops selected … 6Wheat (Triticum aestivum L 7Potato (Solanum tuberosum), 8Rice (Oryza sativa), 9Sunflower (Helianthus annus) 10 Cassava (Manihot esculenta Crantz).

20 2. Results of certification Greatly improved working relationship between regulators and seed Cos Joint certification exercises between KE; UG; TZ and RW to build confidence and capacity on the ground undertaken 2005/06 UG has acceded to OECD as KE, TZ has applied for membership

21 Progress … 3Phytosanitary; import/export –Quarantine Pests were reduced from 33 to 3 –Q-Lists have been revised for KE, UG; TZ & RW and are under validation by National Plant Protection Organizations

22 CropQ-pestUnrecorded in EA & RW Irish Potato711 Rice84 Wheat82 Sunflower6- Cassava84 Quarantine Pest List of EAC

23 Q-List cont.. CropQ-pestsUnrecorded in EA Maize204 Beans810 Sorghum20- Groundnut14- (EA & RW) Soybean25- (EA & RW)

24 Results of phytosanitary Time taken to process seed import/export documentation has been reduced, lowering the cost of doing cross border trade Customs Union Treaty has eased import/export procedures generally

25 Progress.. 4.Plant Variety Protection The region agreed to develop a sui generis system of PVP based on UPOV 1991 Convention

26 PVP cont.. A study of PVP systems in Kenya, Uganda, Tanzania and Rwanda commissioned by EASCOM under ASARECA in 2006 clearly showed the following:

27 PVP study … Kenya has an operational PVP compliant with UPOV 1978 Convention 840 applications had been received by Kephis by 2006, and 239 grants had been awarded, mainly for flowers

28 PVP System in Kenya cont.. KARI has established a system of licensing which is competitively open to seed companies The biggest beneficiaries of PBR’s in Kenya are external breeders –(An EU study of PVP systems in selected countries also showed that external breeders were the key beneficiaries of PVP)

29 PVP IN TANZANIA TZ has enacted a Plant Breeder’s Rights Act of 2002 largely compliant with UPOV 1991 The Act became operational in 2004, while PBR Office was set up in applications received by Feb 2007 Two (2) grants have been awarded and three (3) are awaiting gazettement

30 PVP IN UGANDA Uganda has a draft PVP Bill (2002), which provides for farmer’s rights based on CBD Discussions are at advanced stage to remove the requirement for farmer’s rights and place these rights under CBD

31 PVP IN RWANDA Only a Technical agreement was developed in 2002 based on UPOV 1991 convention Rwanda Agric Development Agency (RADA) has been established in 2006 to spearhead seed reforms

32 PVP SYSTEMS IN REST OF AFRICA Breeding is dominated by public sector Concept of PVP is considered alien, intended to deny farmers access 16 countries of OAPI have joined UPOV 1991 since January 2006 SADC is currently developing a UPOV-like system of PVP for all its members

33 PVP in rest of Africa cont.. PVP is operational in 6 African countries : –KenyaSouth Africa –EgyptTanzania –ZimbabweTunisia

34 HARMONIZATION IN REST OF AFRICA Ongoing in 2 nd & 3 rd Phase ASARECA countries On-going in SADC Ongoing in West Africa Coordination by AFSTA

35 WAY FORWARD Considerable progress has been made in harmonizing and rationalizing seed laws, policies and regulations Efforts by governments to develop policies, legal & institutional frameworks to support seed reforms need to be supported Private/public sector partnerships are critical to achieve desired reforms

36 REFERENCES REFERENCES AFSTA Congress Report: Livingstone, Zambia, 2006 ASARECA Monograph No.4, 2000 CABI database, 2004; 2005 EASCOM Annual General Meetings: Proceedings of 2004; 2005; 2006 EASCOM Report of PVP Systems in EAC and Rwanda, 2006 Kephis Annual Reports: 2000 – 2005 OECD Field Schemes, 2000 Seeds and Plant Varieties Act Cap 326, 1972