1. NATIONAL REGULATOR FOR COMPULSORY SPECIFICATIONS   PRESENTATION BY Rhoda Masupye 03 July 2019  

2. Executive Summary Legislative mandate NRCS Background
Industries Regulated
NRCS Core Process
Strategic Focus

3. Legislative mandate
Mandate of the NRCS is derived from the following Acts.
National Regulator for Compulsory Specifications Act
(Act No. 5 of 2008)
Legal Metrology Act
(Act No. 9 of 2014)
National Building Regulations and Building Standards Act
(Act No. 103 of 1977)
Secondary Legislation: The Foodstuffs, Cosmetics and Disinfectants Act , Road Traffic Act, etc

4. Background NRCS 2008 2009 to 2013 NRCS Future
An agency of the Department Of Trade and Industry (dti).
NRCS
NRCS formed on 1 September 2008
Schedule 3A Public Entity in terms of the PFMA
Appointment of the Interim Management Committee
2008
Implemented updated 5-year strategic plan
Introduction of Risk Based Approach
Introduction of Border Enforcement Strategy
2009 to 2013
Strategic focus
Source inspections
Risk Based Approach
Border enforcement strategy
NRCS Future

5. Industries Regulated Industry Sector
Product regulated / Service rendered
Automotive
Vehicles, Replacements components
Electro-technical
Electrical appliances and products, Electronic appliances and products
Food and Associated
Fishery products, Processed and canned meat
Chemicals, Materials and Mechanicals
Chemicals, Microbiological Safety Cabinets, Personal protective equipment, Cement, Preserved Treated Timber, Flame producing Devices such as Paraffin Stoves and Heaters, cigarette Lighters, Plastic carrier bags.
Legal Metrology
Gaming, measurements, pre-packed goods, measuring instrument approval
Building and Construction material
Ensure uniform interpretation of NBR Act, administer review Board, set minimum regulatory requirements in standards, regulations, Building control officers convention and Building control officers training,

6. Sanction Testing Directives System VC Dev Sampling Inspection
Approvals + Homol
Sanction
Testing
Directives
Ensure accredited facilities
Priority testing
Market intelligence id
high risk commodities
Fast reaction
Coverage according to risk classification: Budget and time allocation
Inspection focus on high risk items
80% Inspections at source
Point of manufacture
Point of entry
Treat according to risk category: High; Medium; Low
Feasibility
Risk Study
Impact Study
Categorise risk level

7. NRCS Core Process Engagement
Research and assess risk
Set compulsory specifications and technical regulations
Pre-market approval, Market surveillance to mitigate risk and ensure compliance
Review and monitor
Engagement
Inspections, Examination, Sanctions, Training, Communication

8. Compulsory Specification (VC) Development Process
Review of VC or Request to NRCS for a VC
Conduct Risk Assessment
Conduct Impact Assessment
- Obtain finalised draft levy schedule
- Finanlise draft technical regulations
- Fomal VC submission to the CEO
Prepare Submission to the dti
Gazette for comment and handle the comments 8

9. IPAP Deliverables
Agro-processing
New Compulsory Specification (VC) for olive oil, Live Rock Lobster and participating in the Aquaculture industry development, Amendment of VC for canned fish & meat products
Automotive
Upgrade safety standards for passenger and commercial category vehicles:
Finalise Compulsory Specifications for pneumatic tyres for passenger and commercial vehicles and for hydraulic brake and clutch fluid.
National Building Regulations and Building Standards Act
New VCs for plumbing components and for timber roof-trusses and punched metal fasteners.
Consumer Protection Initiatives
Amendment of VC 8032 for personal flotation devices.

10. Regulatory systems: Risk based approach
A Risk Based approach centers on determining probability and impact, deciding on a regulatory response, and the development of regulatory tools
Information gathering
Focused research and surveillance
Actionable intelligence to guide regulatory activity
Market intelligence and analysis
National, and international networking and
Early alert system (lacking)
Enhance operational procedures of regulatory systems
Raising the efficiency of the regulatory system 10

11. Pre- Market Approval Issue Certificates of Approval
Letter of Authority/ Homologation Certificate
Industry submit test reports, a sample in some instances, application form and an administrative fee
Upon review a certificate is granted
Administrative process that takes up to 120 days
Classification is done based on the following:
components,
fully imported products
Local manufacturers
Foreign based companies

12. Approvals Process

13. Strategies
Source Inspections
lock out non-compliant products from the market and ensure that NRCS is more efficient in regulating the market.
Source inspections will entail point of manufacture, pre-shipment and port of entry inspections.
Retail and distributor inspections are meant for intelligence gathering and ensure that non-compliant products are kept out of the market.
Enablers
intelligent utilisation of information technology and effective supervision.
Relations with SARS
Effective risk profiling through SARS platform reducing delays at ports, and increasing the number of containers within scope that are stopped
Market Intelligence

14. Inspections Frequency of Inspections
Risk Based Inspections for all regulated industries
MIBs and Fishing vessels are inspected annually
All declared fish and processed meat consignments are inspected
Frozen fish consignments are inspected as per the documented monitoring processes
Border Inspections – During working hours Durban, Cape Town, Port Elizabeth, City Deep, other Ports are Adhoc

15. SARS/ NRCS Co-operation
SCOPE OF THE AGREEMENT
the identification of, and approach to, issues on which the parties hereto may co-operate;
setting up a Joint Co-ordinating Committee entrusted with the task of enforcing this agreement;
mutual technical assistance between the parties; and
the creation a mechanism for infrastructural developments.
Use SARS Risk Engine for enforcement:
Providing SARS read only access to NRCS LoA Database
SARS to stop and detain products falling within the scope of NRCS with no LoA.
Enabling sharing of information between SARS and NRCS on products, importers, clearing agencies etc.

16. Key Stakeholders, Regional and International participation
NRCS corporate with various government department and agencies - SARS, SAPS, DOT,DOH,DAFF
NRCS attends various forums at an organizational level and as a representative of South Africa is some instances;
SADC Technical infrastructure committees
SADCMET – SADC Metrology, SADC TBTSC – SADC Technical Barriers to Trade Stakeholder Committee
OIML- Organisation for Economic Cooperation and Development
Participate in the WP (Working Party) 29 for automotive regulations
COPOLCO – Consumer Policy Committee of the International Standards Organisation
CODEX ALIMENTARIUS
IAFI- International Association for Fish Inspectors
IEC – International Electro-technical Commission

17. Thank - you DISCUSSION POINTS RECOGNITION BY KEY STAKEHOLDERS
OFFICIAL ACCESS THROUGH ACSA PROCESSES
REQUEST FOR AN OFFICE SPACE
Thank - you