1. STATUS OF SPS ENQUIRY POINTS IN EA Presentation at Workshop for private sector organized by EAC Secretariat and EATIH Hilton Hotel, 21-22 nd March 2016 Philip Njoroge, pknjoroge@kephis.org

2. Outline 1.Institutional Framework for Addressing SPS 2.Membership to SPS Committee 3.Functions of the SPS Committee 4.Work of NEPs & NNA 5.Work Program of the Committee 6.Dealing with SPS trade concerns 7.Challenges Experienced by Kenya using laid down notification procedures 8.Important information on SPS: Work of WTO- committee & ISSBs 9.Way forward

3. IMPLEMENTATION OF SPS AGREEMENT Institutional Framework For Addressing SPS MINISTRY OF FOREIGN AFFAIRS & INTERNATIONAL TRADE/ NNA SPS NATIONAL COMMITTEE OTHER OGAs & departments MTS REFERENCE CENTRES NATIONAL ENQUIRY POINT

4. MEMBERSHIP TO SPS COMMITTEE Membership from government, & Private sector and includes: Ministry of Foreign Affairs and International Trade – Also NNA SPS Competent Authorities E.g. Kenya Plant Health Inspectorate Service (KEPHIS)also NEP- Plant Health, and Directorate of Veterinary Services(NEP- Animal Health) Kenya Industrial Property Institute (KIPI) National Environment Management Authority (NEMA) The Office of the Attorney General Revenue Authority (KRA) specifically Customs Dept,

5. MEMBERSHIP TO THE COMMITTEE CONT’D Ministry of Health -NEP Human Health Public Universities International-NGOs/institutions-e.g. UNIDO Kenya Kenya Investment Authority Ministry of Agriculture, Livestock and Fisheries Kenya National Chamber of Commerce and Industry, Farmer associations (Kenya Horticultural Council (e.g KHC- KFC& FPEAK) Other co-opted members invited on need basis

6. FUNCTIONS OF THE SPS COMMITTEE To review all issues pertaining the agreements (SPS) To review the operation and administration of the agreements regard to enquiry and notification point obligations To review SPS measures to trade nationally & in trading partners To exchange information and assist in the co-ordination among ministries and lead agencies on responses to WTO foreign notifications Technical evaluation of all WTO SPS foreign notifications

7. WORK OF NEPS & NNA Drafting of new SPS measure - competent authority (CA) E.g. environmental measure with SPS implications Decision on notification to OIE, IPPC, WTO or CODEX- competent authority Filling out the notification form CA Ensuring notification is finalized & submitted to NNA responsibility of SPS Enquiry Point Reviewing the notifications - SPS Enquiry Point Submitting to WTO Other support structures (NSCC, NHCAS, Codex committee (CC) HTF

8. WORK PROGRAM OF THE COMMITTEE The committee meet at least three times a year before the scheduled Committee meeting in Geneva Review of SPS Notifications – Evaluation of notifications (Where necessary develop issues to be raised with notifying country) – Preparations for the meetings in Geneva

9. Dealing with SPS trade concerns Discussions by institutional committees where applicable e.g. thro NEPs National SPS committee discussions and development of position Bilateral- Discussions between states (May involve government agencies and private sector. Bilateral preparatory meetings held prior to meeting of concerned parties- Aim to come to a BATNA National SPS committee discussions and development of position Through WTO-SPS committee

10. EXPERIENCE WITH DISPUTE RESOLUTION Most of disputes done handled through diplomatic channels and rarely through the WTO system Through WTO SPS, Enquiry Points (responsible for providing answers and documentation to all reasonable questions from interested Members) Bilateral engagements once the notifications are done to get clarifications consultations or negotiations Use the Dispute Settlement Understanding Status

11. Challenges Experienced by Kenya using laid down notification procedures Limited engagement between Enquiry points Distribution of notifications- rarely do interested parties visit websites of NEPs or SPS Notification Newsletters Inadequate /Lack of synergy between various regulatory authorities in the country Lack of a government regulatory policy or legislation to guide regulatory authorities in the country concerning notification procedures Inadequate participation by the business sector in the analysis of SPS notifications and feedback on foreign notifications

12. CHALLENGES EXPERIENCED BY KENYA IN USING LAID DOWN NOTIFICATION PROCEDURES CONT’D-1 Translation of texts notified has been a problem inadequate funding to committees, weak legal framework and inadequate staffing of NEPs with qualified staff,

13. CHALLENGES EXPERIENCED BY KENYA IN USING LAID DOWN NOTIFICATION PROCEDURES CONT’D-2 Weak legal framework at national and regional level; Lack of overall regional SPS policy at national and regional level; Many NEPS and also many parallel systems with no clear coordination; Inadequate staffing of NEPs, NNAs; Inconsistency in attending SPS meetings both at national regional and at Geneva based WTO-SPS meeting due to funding constraints;

14. Important information on SPS: Work of WTO-committee & ISSBs This is available in a catalogue of instruments..\Desktop\GSPSW279R2- catalogue.doc..\Desktop\GSPSW279R2- catalogue.doc http://web.wtocenter.org.tw/DownFile.aspx?pid =260512&fileName=GSPSW279R2.doc

15. Way forward Improve engagement with other Enquiry points & NNA; Engage institutions that draft SPS related legislation e.g. Commission on Implementation of constitution, Office of Attorney General, Relevant Ministries and Departments etc. Strengthen participation in the work program of SPS committees (specialized subcommittees- on Plant Health, Animal Health & Food safety; Establish net work of experts and use the pool to be starting point in a more focused work in the SPS this includes improvement of internet connectivity of the enquiry points as well an integrated plat form; Strengthen in-country notification & communication system- invest in a robust ICT powered system.

16. WAY FORWARD -2 Improve working relationships and synergy between various regulatory authorities in the country; Review of government regulatory policy or legislation to guide regulatory authorities in the country concerning notification procedures including ratification and domestication of EAC SPS protocol; Interest the business sector to play their role in the analysis of SPS notifications & Technical Regulations and feedback on foreign notifications; Simplifying & distribution of notifications to stakeholders; and Implementing training of stakeholders and mentoring within Africa and outside Africa to further improve reporting and commenting on notifications generated within country and those generated and notified by WTO members.

17. Thank you for your time. KEPHIS HEADQUARTERS P.O Box 49592-00100 NAIROBI TEL: +254-203597201-3/+2543536171/2 Office Cell: +254-722-516221/+254-723-786779 Fax office: +254-20-3536175 E-mail: pknjoroge@kephis.org & director@kephis.org website: www.kephis.orgpknjoroge@kephis.org & director@kephis.org