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

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Presentation on theme: "CONFORMITY ASSESSMENT, ITS IMPLEMENTATATION AND THE KENYAN EXPERIENCE PRESENTATION AT ARSO KOREA AFRICA STANDARDS COOPERATION FORUM 1 EVAH ODUOR."— Presentation transcript:

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

2 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 2

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

4 Preamble KEBS Organization KENAS (Accreditation) Separated from KEBS in 2009 1. Standards Development 2. Metrology 3. National Testing Labs including Chemical Metrology 4. Quality Assurance 5. Certification Body of KEBS 6. National Quality Institute 4

5 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. 5

6 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 6

7 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) 7

8 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 8

9 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 9

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

11 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 11

12 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) 12

13 The programs 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. 13

14 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 14

15 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 www.kenyapvoc.com website. (Including Routes for obtaining a CoC.www.kenyapvoc.com 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 15

16 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 16

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

18 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 18

19 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 19

20 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. 20

21 Destination Inspection & PVoC 21


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