3-4 June 2020 Forum

Cooperation on SPS regulations requires resources both in terms of human and financial resources. It requires technical capacity building  and improved competency of standards regulation bodies. It needs improved testing laboratories and other related equipment. Otherwise countries can only pledge without signification cooperation due to differences arising from differences in the resources. Regulations can be developed but lacking in implementation 

Coordination within the country of different institutions that must comply with SPS or TBT measures, especially the participation of the private sector, which is the main implementer in this chain of compliance with bio safety measures. The lack of specialized technicians in the different areas and certified laboratories, point to how funding is the main constraint, but regional coordination can be seen as a catalyst in raising the awareness of governments and decision makers to intervene in these matters. Everyone benefits from working in regional blocks rather than individually, as the request for any type of joint assistance is extremely sustainable and creates a certain individual responsibility for compliance.

In my view, many of SPS measures have the potential to restrict trade. The World Trade Organization (WTO) Agreement on Sanitary and Phytosanitary Measures puts in place disciplines for the adoption and implementation of these measures with the agreement stating clearly that SPS measures should not be used in “a manner which would constitute a disguised restriction on international trade.” A case that come to mind is the temporary ban of Kenyan milk exports to the Zambian market that concerns stricter domestic requirement in Zambia for bacterial loads in imported milk; specifically whether Kenyan milk exports exceed the maximum allowable requirements under the Zambian domestic standard. 

The lack of harmonisation of the standards and regulations, leads to the increased cost of compliance for exporting countries on which the burden of proof falls. This directly impacts in the small holder farmers that have to deal with issues relating to Traceability, Maximum Residue Levels, Certification etc. 

Africa generally has a challenge when it comes to different SPS measures it applies as a continent and this poses a big challenge. However, a number of regional efforts focused on trade facilitation in general have been initiated within some regional blocs such as COMESA having in place Trade Information Desks and the COMESA Simplified Trade Regime (STR) was developed to simplify customs procedures for small traders carrying goods produced in the COMESA free trade area and worth less than US$1,000. 

My view is that African governments need to pursue equivalence and equivalent measures for SPS protection.

The challenges countries face in the area of SPS related regulatory cooperation in the context of African economic integration,

In as much as countries varies at various point , Economic, geographical ,political ecological so their abilities  to comply  and participate in trade varies too at both Intra - Africa and international level. The key challenges include inadequate resources to build the structures needed to aid compliance to SPS regulation and measures, which includes ,well equipped  laboratories ,alignments and harmonization of regulation , effective ICT system among others which has an effect on the key objectives of trade facilitation i.e Time , money etc

Inadequate capacity building , awareness and slow adoption rate for  both for the farmers themselves, the SPS personnel and implementing partners especially on emerging issues or updated regulations , this is so because the SPS personnel focuses at the end of the chain ( packaging and  marketing) or carried out inspection on the goods  only when ready for trade and not from production level , if  care is taken , with good agricultural practices to ensure  precautions are taken right at the production and processing stage it will limits to red tape that hinders trade .

The sps structure have  high evel of political interference in executing their duties ,thus compromise is on the high side.

@annemukunyam I totally agree with you on unwillingness of other countries to share information. Some countries even refuse to host other countries for learning visits. 

@plakoh Hello Sinah, you have touched a very important aspect of neglecting production and focusing on just end product. A well packaged groundnut with aflatoxins will still not be accepted in the other country so there is a need of an integrated approach to also ensure adherence to SPS standards from farm level  

In my own view the following need to be considered for African countries to overcome regulatory barriers that necessitate regulatory cooperation:

1. We need to see Africa as one because there is no border between Africa countries for us to overcome regulatory barriers.
2. There is need for us to harmonize our policies, regulation, strategies and framework to strengthen continental cooperation.
3. As Africa continent we need to have harmonized SPS/TBT standards and tools in order to minimize or get rid of regulatory barriers and facilitate trade.
4. Our various regional economic blocs need to have harmonized action plans and vision in facilitating trade within the continent and with other continents.
5. As a continent we need to have a regional SPS and Intra-African Trade committee and board that will review SPS standards for harmonization and effective monitoring.
6. Our leaders need to be focused on equipping and strengthen national institutions implementing standards and facilitating trade. They also need to give their total political will and support to ensure implementation of standards and policies, regulation and Act.