The EAC Quality Infrastructure and WTO TBT Agreement. Mr .Willy Musinguzi, EAC

Presentation Contents .Overview of EAC SQMT Infrastructure How EAC standards are Harmonized and Implemented How EAC Quality Infrastructure relates to TBT Agreement Challenges in the Quality Infrastructures

Introduction EAC Treaty Article 81(1) and (2), (3) and (4) Partner States undertake to evolve and apply a common policy for Standardization, Quality Assurance ,Metrology and Testing of goods and services produced and traded in the community , SQMT Protocol 2001, and SQMT Act,2006 to: Protect and improve the health and safety of consumers and the public. Protect the environment and reduce waste. Enhance consumer confidence and limit exploitation by increasing products and processes confirming to established standards. .

Overview of the SQMT Infrastructure in EAC SQMT Act,2006 provides for the following: Regional structures - East African Standards Committee (sec 4) Liaison Office- Sect 5 East African Accreditation Board – Section 11 National Structures - National Standards Bodies; (Section 6) National metrology Institute; National Legal Metrology Department; National Accreditation Body Testing Laboratories – (Section 12) to provide Scientific and Technical Services Partner States have also an obligation to appoint regulatory authorities to administer compulsory standards (Section 20)

The SQMT Act ,2006 provides for: Adoption of harmonized standards by the Partner States; Enforcement of compulsory standards; Declaration and acceptance of certification marks; Approximation and alignment of laws and regulations; Defines the roles of the NSBs in regard to the SQMT activities.

What is the status of the EAC harmonized Standards as of 2016 EAC Catalogue has been updated and so far 379 EAC standards Harmonized and 800 International standards endorsed by East African Standards Committee for adoption by Partner States National Standards Institutions are custodians of EAC Harmonized Standards provided by the SQMT Act,2006

How do National Standards Number EAC Adopted standards for users UGANDA:US EAS 14:2000 Specification for margarine RWANDA: RS EAS 153: 2014 Packaged Drinking Water — Specification Other Standards Institutions apply the same

Regulations to operationalize the Act. Progress in development of regulations to operationalize SQMT Act,2006; Uniform regulations have been approved and Partner States are now domesticating them: EAC SQMT(Product Certification Schemes in Partner States )Regulations ,2013 EAC SQMT(Designation of Laboratories in Partner States )Regulations, 2013 EAC SQMT( Enforcement of Technical Regulations in Partner States), Regulations,2013

How EAC Relates to WTO TBT as a block Avoidance of Unnecessary Barriers to Trade Article 2.2 obliges Members not to create unnecessary obstacles to international trade and, on this basis, to ensure that “technical restrictions are not more trade restrictive than necessary to fulfil a legitimate objective”. The Article provides an inclusive list of legitimate objectives including national security requirements and the protection of animal or plant life or health. However Article 2.5 provides that where technical standards are for the purpose of one of the legitimate objectives listed in Article 2.2 and in accordance with relevant international standards they are presumed not to violate Article 2.2 Harmonization around International Standards When international standards exist, members shall use them as a basis for their technical regulations, standards and conformity assessment procedures, unless their use seems inappropriate or ineffective in certain circumstances (for example, for climatic or technological reasons) for achieving the pursued objective (Art. 2.4, 5.4 and Annex 3.D). [7]

Notification Requirements The TBT Agreement also obliges States to notify each other of proposed technical barriers to trade. To give States the opportunity to raise their concerns before the measures come into force, members must allow reasonable time for Members to make comments, discuss their comments and to have their comments considered. Members must notify each other in relation to proposed TBT provisions National Standards Institutions(NBSs) designated under the SQMT Act, 2006 undertake notifications and Report to East African Standards Committee. There are plans to interconnect NBS to improve effeciency in Notifications among NBSs

How EAC relates to WTO TBT … Article 4: Preparation, Adoption and Application of Standard 4.1        Members shall ensure that their central government standardizing bodies accept and comply with the Code of Good Practice for the Preparation, Adoption and Application of Standards in Annex 3 to this Agreement (referred to in this Agreement as the “Code of Good Practice”). They shall take such reasonable measures as may be available to them to ensure that local government and non-governmental standardizing bodies within their territories, as well as regional standardizing bodies of which they or one or more bodies within their territories are members, accept and comply with this Code of Good Practice The Principles and Procedures for Development of EAC Standards, 2012. follow the ISO guidelines e.g SQMT Act 2006 provides for as EAC standardization Regional body to allow a period of 60 days for submission of comments on a draft standard by interested parties within the territory of a member of the WTO(annex 3 of TBT Agreement)

Challenges in implementing SQMT Act, 2006 Need for more awareness on SQMT matters. Standards related NTBs still exist but very minimal. Inadequate funding of National Quality Institutions in some Partner States Multi regulatory agencies implementing EAC standards affect clearance of goods thus

Thank you Very Much for your attention