SANITARY AND PHYTOSANITARY (SPS)MEASURES...

EAC PROINVEST TRINNEX WORKSHOPSPEKE RESORT MUNYONYO, KAMPALA, UGANDA

30 November 2010 – 1 December 2010

ByEmmanuel Iyamulemye Niyibigira, PhD

SANITARY AND PHYTOSANITARY (SPS)MEASURES

IN THE CONTEXT OF THE EAC-EU EPA AND CAPACITY CONSTRAINTS ON PRIVATE SECTOR

TO OVERCOME SPS BARRIERS.

SPS Measures defined (1)These refer to laws, regulations or administrative actions taken by a country to protect human, animal or plant life or health.

These measures usually entail the ban or restriction of importation of certain goods on the basis that they pose a health problem if imported into the country.

SPS Measures relate to food safety, animal and plant health

SPS Measures defined (2)Article 48 of Cotonou Agreement requires ACP countries and EU to recognize the right of each party to adopt or to enforce SPS measures necessary to protect human, animal, or plant life or health, subject to the requirement that these measures do not constitute a means of arbitrary discrimination or a disguised restriction to trade, generally.

As result, ACP countries and the EU reaffirm their commitments under the agreement on the application of SPS Measures, annexed to the WTO Agreement (SPS Agreement), taking account of their respective level of development.

Examples of SPS Measures

End product criteria;

Processes & production methods;

Testing, Inspection, Certification and approval procedures;

Quarantine treatments including requirements for transport of animals/plants, or materials necessary for their survival during transport;

Provisions on relevant statistical methods, sampling procedures and methods of risk assessment;

Packaging & labelling requirements for food safety.

SPS Measures Agreement in EAC-EC-EPAThe agreement is based on five principles:

Scientific justification of SPS Measures;

Harmonization of rules and procedures for the formulation of SPS measures;

Equivalence in accordance with the WTO SPS Agreement;

Zoning, whereby the principle of compartmentalization shall apply with regard to livestock and livestock products;

Notification, enquiry and transparency in the application of SPS measures.

Effects of SPS MeasuresSPS Measures are very important in the trade regime between EU & EAC partner states because they can either impede or facilitate entry of EAC products into EU markets.

EAC horticulture exporters face constraints to enter EU markets due to failure to comply with SPS Measures set by the EU.

In addition, retailers in EU impose their own sets of standards– which are more stringent – which are enforceable against imports from EAC Partner States e.g EUREP GAP protocols

Capacity constraints in Plant Health

Product / Markets SPS compliance constraints

1. Horticulture and floriculture products

• Exports constrained by inability to strictly adhere to food safety requirements e.g. strict maximum residue limits (MRLs)

• High costs for compliance with private standards (more stringent pesticide requirements and certification costs) e.g. EUREP GAP

• Pest situation reduce productivity and limits trade possibilities (e.g. fruit fly & banana bacterial wilt)

• Shortcomings in pest surveillance and monitoring system

Capacity constraints in Plant Health


1.Horticulture and floriculture products (cont’d)

• Lack of capacity to control plant pests e.g. fruit fly

• High compliance, traceability and certification costs, particularly related to private standards pose challenges (e.g. EUREP GAP)

• Poor cold storage management is a key SPS constraint in floriculture industry.

• Concerns over air freight may impede EU market access in long term

Capacity constraints in Food Safety


2. Fish and fishery products

• Lack of equivalent regulations & standards to newly established EU standards and regulations;

• Deficient sanitary conditions on boats, at landing sites and fish processing facilities

• Deficiencies in designated laboratory for pesticide residues;

• Lack of analysis of histamine and heavy metals.



2. Fish and fishery products (cont’d)

• Lack of knowledge of fisheries of modern fishing and handling techniques (including use of ice).

• Lack of awareness of new fish regulations .

• Lack of knowledge of fisheries of modern fishing and handling techniques (including use of ice).

• Lack monitoring and control systems to ensure that aquaculture products meet food safety requirements of export markets



2. Fish and fishery products (cont’d)

• Inefficiencies in distribution chain (high rates of post harvest losses, etc.)

• Fish supply chain lacks traceability system (in near future growing number of buyers expected to request full traceability of products and raw materials)

• Low availability and high cost of inputs (tilapia fry, feeding stuffs, etc.), insufficient regulatory and investment environment)

Capacity constraints Animal health


3. Livestock and poultry products (cont’d)

• Animal health status and disease management (presence of several endemic animal diseases, illustrated by several trade bans, e.g. due to Rift Valley Fever in Kenya in 2007).

• Shortcomings in animal disease monitoring system to document diseases and actions to eradicate them.

• Poor hygienic conditions in slaughterhouses, handling and processing facilities (lack of GHP, GMP and HACCP application)

Capacity constraints in Animal Health



• Lack of inspection and enforcement.

• Constraints are related to transportation (i.e. animals should be slaughtered closer to breeding locations), lack of investment and revamping meat distribution systems (especially informal channels).

• Outdated legislation

• Inadequate identification systems

• Understaffed and dysfunctional laboratories, etc.

Capacity constraints in Animal Health



• Constraints in establishing disease free zones, engaging communities through sensitization and education to actively participate in disease reporting and livestock movement control and animal disease surveillance especially at borders.

• Absence of standards and low quality of animal feed (poultry)



4. Dairy products (milk processing)

• Poor hygienic practices in milk handing and poor milk collection, transport methods,

• Lack of inspection and surveillance,

• Outdated legislation

• Poor livestock management, disease control and treatment and animal feed practices.

• Code of Hygienic Practice does not address production and handling processes in unregulated markets.



4. Dairy products (milk processing) (cont’d)

• Product and market development , production efficiency and competitiveness, investment and export promotion (where food safety standards has become an important issue).

• Small scale farmers are less competitive producers.

• High domestic costs (transport, packaging, etc.),

Capacity constraints Plant Health


5. Traditional commodities (Coffee, tea & maize)

• Poor handling and storage practices of pesticides (anticipating stricter MRLs) and fumigation practices and mycotoxins resulting are a serious challenges

• Few coffee consignments have been rejected due to ochratoxin A.



5. Traditional commodities (Honey)

• Current capacity to address production and post harvest deficiencies is low and needs to be enhanced.

• Lack inspection capacity, computerized surveillance systems and systems for sanitary certificates, bee movement permits, quarantines, etc.

• Barriers to EU export is the current standard for HMF (hydroxylmethyl-furfural) at 40mg/kg (Codex standard being 80mg/kg, honey sold in hot climates normally reaching over 100mg/kg).

Way forwardMore support for private sector/farmer basic awareness and training programmes in food safety, animal and plant health at lower levels and individual

Additional support to strengthen capacity of trade and industry associations

Improve financial and regulatory investment framework

Strengthen dialogue through mechanisms such as National SPS and TBT Committee.

Way forwardPromote Public-private partnerships (PPP) in addressing SPS matters –mechanisms exist at regional level - PPPs are a natural orientation

Need to increase awareness about possibilities to trade

Better integration of different sectors (several ministries/public and private sector)

Need to strengthen the natification /enquiry points

Need to build capacity both within and along the chain

Better coordination among technical assistance projects

Thank you!

SANITARY AND PHYTOSANITARY (SPS)MEASURES...

Documents

Transcript of SANITARY AND PHYTOSANITARY (SPS)MEASURES...