1. CONFORMITY ASSESSMENT, ITS IMPLEMENTATATION AND THE KENYAN EXPERIENCE
PRESENTATION AT ARSO
KOREA AFRICA STANDARDS COOPERATION FORUM
EVAH ODUOR

2. East Africa Kenya, Uganda, Tanzania, Rwanda & Burundi
East African Community
Common Quality Policy and Infrastructure
Common Standards; 6 months adoption
Currently on Common Market Status
July 2012, Common Monetary System
July 2013,Political Federation
Market of 135 Million

3. Kenya National Quality Infrastructure
Quality Policy
Quality Infrastructure
Dissemination through National Institutions
Directly tied to National Quality Infrastructure and Knowledge dissemination;
KEBS and
National Quality Institute responsibility

4. Organization; Integrated Model
Standards Development
Metrology
National Testing Labs including Chemical Metrology
Quality Assurance
Certification Body of KEBS
National Quality Institute
Preamble
KEBS Organization
KENAS (Accreditation) Separated from KEBS in 2009

5. KEBS & Conformity Assessment
National System
Regional System
International System
Creating national resources to create the necessary capacities
Supplementing the national resources through cooperation where possible
Supporting Neighbor countries in creating viable Quality infrastructure.

6. Technical Requirements
The emergence of trade on a global scale has changed the scene introducing Technical Requirements (TRs)
TRs have become necessary basically to create Confidence that certain products &commodities comply with the regulatory requirements of the importing country.
Elements of Technical Requirements:
Technical regulations
Standards
Conformity Assessment

7. TECHNICAL BARRIERS TO TRADE
Whereas indeed TRs may be cited as TBTs
the WTO/TBT Agreements strikes a balance
thus avoiding unnecessary barriers to trade while offering Governments THE RIGHTS to regulate imports to achieve Legitimate objectives:
- Health
- Safety &
- Environmental protection
(Article 5)

8. PRE-EXPORT VERIFICATION OF CONFORMITY (PVoC)
The Kenya PVoC Program is based on the provision of WTO/TBT Agreement, Article 5
PVoC principles & procedures were developed in accordance with the TBT Committee guidelines exhibiting:
- Transparency
- openness
- impartiality & consensus
- effectiveness & relevance
- Coherence

9. IMPACT OF SUBSTANDARDS PRODUCTS & COUNTERFEITS
Substandard products and counterfeits have lead to trade malpractice which has serious consequences on the economy. These include:
- Uneven and uncontrolled spill over of counterfeit products and substandard goods on a well structured nascent industrial sector
- Excessive revenue loss to the Country
- Low capacity utilization of resources and non commitment in investments from industrial investors
- Unemployment and general poverty; human development index deterioration
- Country risks overburdening

10. CONFORMITY ASSESSMENT
Pre-shipment Verification of Conformity to Kenya Standards (PVoC);
Programme & Our Experiences

11. BACK GROUND INSPECTION OF IMPORTS - DESTINATION
Destination Inspection: June 1995 – June 2005
Difficulties encountered under Destination Inspection
100% verification not feasible
Verification delays contributing to port congestion
Overstretching KEBS testing facilities
Establishment of Container Freight Stations (CFS)
Difficulties in enforcing re-exportation & Destructions
Lack of storage facilities for rejected goods
…….among many others

12. PVoC BACKGROUND Need for New Inspection Approach
To ease difficulties encountered & be more efficient and effective
Need for cost-effectiveness in the implementation of standards
To be in harmony with the Modernization programmes undertaken with KRA & KPA
(Scanner, Simba 2005, CBS, & Waterfront)

13. PVoC OBJECTIVES : The program’s key objectives:
Protection of public health, Consumer safety & Protection of environment. (Does not cover all Goods imported into the country but only those in the Product list)
Block importation of counterfeit goods at source.
Prevention of deceptive practices in trade.
Efficiency in the clearance of goods hence facilitating trade.

14. DESTINATION INSPECTION & PVoC IMPLEMENTATION
To Curb Substandards: A Two prong Approach
Destination Inspection for goods not covered under PVoC (48%)
Surveillance of imported goods covered under PVoC including instant Import Standardization Mark process in addition to Diamond mark under Route A,B and C of Pvoc.
Processes Operationalizing PVoC:
Appointment of PVoC Partners: International Inspection Companies (current; China Government, GIG, SGS & INTERTEK INTERNATIONAL, Commercial Companies and capable NSBs or related governmental Conformity Assessment bodies…. International Competitive Bid
Consultative meetings with stakeholders : Government(Revenue, Port, Sanitary, Plant, Public health authorities), Business and other non state actors including shipping infrastructure agents
Legal Consultative meetings with Partners (to work out operation related issues)
Awareness programs for Stakeholders locally, abroad & Dedicated Website

15. PVoC IMPLEMENTATION
Major Issue in the process is the attainment of Certificate of Conformity (COC)
PVoC Conformity assessment is based on Kenya standards or approved/ recognized standards and technical regulations (International/National).
Guidelines for exporters and importers (including list of goods subject to the PVoC program) have been published and posted on website. (Including Routes for obtaining a CoC.
The Program provides Three (3) Routes for conformity assessment having mutual recognition of other conformity assessments
PVoC Routes: A – Consignment Testing
B - Product Registration
C - Product Licensing

16. HANDLING OF GOODS At Entry Points
Handling of goods listed as subject to PVoC at the
Ports of Entry.
Such goods are allowed entry into the country if accompanied by a CoC or the COC can be tracked on the database.
Goods issued an NCR are not to be permitted into the Country.
Goods arriving at the Port of entry without a CoC are subject to destination inspection at a fee of 15% of the CIF and execution of a security bond equivalent to the said fee where applicable (penalty)
Currently the compliance level averages 75%
Handling of goods not subject to PVoC
Destination Inspection at the port of entry at no extra Cost to the importer

17. PVoC Program PVoC is an exporter pay program
KEBS’ Benefits from the PVoC program is through capacity building,Technical cooperation & support by the PVoC Partners

18. Emerging Issues During Implementation
The PVoC programme has far reaching implication on trade issues, the economy,health,safety,environment,
hence the interest it has generated at the EAC & COMESA forums
Shortcomings/threats
Costs of the PVoC services
Delays in Inspection & Issuance of CoCs
Funding of the Program

19. Emerging Issues During Implementation
CHALLENGES
Handling of small shipments of low value. It was being effected through a consolidated inspection procedure but currently open for abuse through third countries and different airports
Exemption of raw materials from the program
Handling of airfreight consignments
Development of the PVoC Product List (interests)
Lack of ISO/IEC accredited laboratories in many parts
of Africa; however, in developed quality infrastructure countries such as Korea, the challenge is time for inspection
Absence of PVoC partners in some parts of the world (can sign agreements with national systems)
Program not covering used automotive spare parts
Handling of goods from EAC and COMESA countries

20. Benefits of the PVoC Program
Block unfair competition from substandard products and especially imported counterfeit goods
Reduce delays/ congestion at the Ports of entry. And support other modernization programs currently being undertaken at the Port [e.g. Waterfront, Simba 2005, Community Based System (CBS) etc.]
Other than Health & Safety, Contributes Greatly to Environment
Protection especially w. r. t damping, E-Waste and Used Motor Vehicles
Reduce importation costs- e.g demurrage charges arising as a result of goods being held at port awaiting test.
Eliminate the loses to importers which would result from having to re-export products found not to comply with the Kenyan technical regulations and standards requirements.

21. CONFORMITY ASSESSMENT
Destination Inspection & PVoC
Thank you