1. 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

2. 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.

3. 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)

4. 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.

5. 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

6. 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

7. 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

8. 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

9. 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)

10. 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.

11. 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

12. 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

13. 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.

14. 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.

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

16. 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

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

18. 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

19. 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’

20. 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

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

22. PRIME CUT: BEEF STEAK

23. 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