Presentation on theme: "CONFORMITY ASSESSMENT, ITS IMPLEMENTATATION AND THE KENYAN EXPERIENCE"— Presentation transcript:
1 CONFORMITY ASSESSMENT, ITS IMPLEMENTATATION AND THE KENYAN EXPERIENCE PRESENTATION AT ARSOKOREA AFRICA STANDARDS COOPERATION FORUMEVAH ODUOR
2 East Africa Kenya, Uganda, Tanzania, Rwanda & Burundi East African CommunityCommon Quality Policy and InfrastructureCommon Standards; 6 months adoptionCurrently on Common Market StatusJuly 2012, Common Monetary SystemJuly 2013,Political FederationMarket of 135 Million
3 Kenya National Quality Infrastructure Quality PolicyQuality InfrastructureDissemination through National InstitutionsDirectly tied to National Quality Infrastructure and Knowledge dissemination;KEBS andNational Quality Institute responsibility
4 Organization; Integrated Model Standards DevelopmentMetrologyNational Testing Labs including Chemical MetrologyQuality AssuranceCertification Body of KEBSNational Quality InstitutePreambleKEBS OrganizationKENAS (Accreditation) Separated from KEBS in 2009
5 KEBS & Conformity Assessment National SystemRegional SystemInternational SystemCreating national resources to create the necessary capacitiesSupplementing the national resources through cooperation where possibleSupporting 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 regulationsStandardsConformity Assessment
7 TECHNICAL BARRIERS TO TRADE Whereas indeed TRs may be cited as TBTsthe WTO/TBT Agreements strikes a balancethus 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 5PVoC 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 2005Difficulties encountered under Destination Inspection100% verification not feasibleVerification delays contributing to port congestionOverstretching KEBS testing facilitiesEstablishment of Container Freight Stations (CFS)Difficulties in enforcing re-exportation & DestructionsLack 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 effectiveNeed for cost-effectiveness in the implementation of standardsTo 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 ApproachDestination 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 BidConsultative meetings with stakeholders : Government(Revenue, Port, Sanitary, Plant, Public health authorities), Business and other non state actors including shipping infrastructure agentsLegal Consultative meetings with Partners (to work out operation related issues)Awareness programs for Stakeholders locally, abroad & Dedicated Website
15 PVoC IMPLEMENTATIONMajor 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 assessmentsPVoC Routes: A – Consignment TestingB - Product RegistrationC - Product Licensing
16 HANDLING OF GOODS At Entry Points Handling of goods listed as subject to PVoC at thePorts 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 PVoCDestination 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 forumsShortcomings/threatsCosts of the PVoC servicesDelays in Inspection & Issuance of CoCsFunding of the Program
19 Emerging Issues During Implementation CHALLENGESHandling 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 airportsExemption of raw materials from the programHandling of airfreight consignmentsDevelopment of the PVoC Product List (interests)Lack of ISO/IEC accredited laboratories in many partsof Africa; however, in developed quality infrastructure countries such as Korea, the challenge is time for inspectionAbsence of PVoC partners in some parts of the world (can sign agreements with national systems)Program not covering used automotive spare partsHandling of goods from EAC and COMESA countries
20 Benefits of the PVoC Program Block unfair competition from substandard products and especially imported counterfeit goodsReduce 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 EnvironmentProtection especially w. r. t damping, E-Waste and Used Motor VehiclesReduce 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 & PVoCThank you