TBT NATIONAL ENQUIRY POINT FOR KENYA EAC PUBLIC-PRIVATE SECTOR WORKSHOP WTO TRANSPARENCY REQUIREMENTS AND PROCEDURES ON TBT AND SPS 21ST & 22ND MARCH 2016, HILTON HOTEL, NAIROBI, KENYA Presentation By Odongo Jared 4 December 2018 TBT NEP

CONTENTS Implementation of TBT Agreement Functions of the TBT Enquiry Point Notifications Achievements Challenges Way forward 4 December 2018 TBT NEP

IMPLEMENTATION OF TBT AGREEMENT INSTITUTIONAL FRAMEWORK MINISTRY OF FOREIGN AFFAIRS & INTER. TRADE WTO/TBT NATIONAL COMMITTEE TBT NATIONAL ENQUIRY POINT OTHER NEPS 4 December 2018

NATIONAL ENQUIRY POINTS (NEPs) Article 10.1 of the TBT Agreement requires that Member Countries establish National Enquiry Points which is able to answer all reasonable enquiries from other Members and interested parties in other Members as well as to provide the relevant documents regarding: Standards; e.g. quality, compatibility, processes, performance, test methods technical regulations; e.g. safety, health, environmental protection, packaging and labeling Conformity assessment; testing, inspection, certification e.g. products, systems 4 December 2018 TBT NEP

The NEP on Technical Barriers to Trade (TBT) for Kenya is located at Kenya Bureau of Standards, KEBS. 4 December 2018 TBT NEP

WTO TBT NEP FOR KENYA Established in 1999 under the Joint Integrated Technical Assistance Programme (JITAP) Sponsored by WTO, UNCTAD (United Nations Conference on Trade and Development) and ITC (International Trade Center) 4 December 2018 TBT NEP

ASSISTANCE RECEIVED FROM WTO/ITC/UNCTAD UNDER JITAP The JITAP programme was implemented under five modules. The TBT National Enquiry Point for Kenya received assistance under module II: Strengthening of MTS Reference Centers and National Enquiry Points. 4 December 2018 TBT NEP

ASSISTANCE RECEIVED FROM USAID STANDARDS ALLAINCE PROJECT - 2014 Two Laptops Supported the development of the NotifyKe TBT system Server for hosting the NotifyKe TBT system Sponsored the TBT awareness campaign in some counties 4 December 2018 TBT NEP

FUNCTIONS OF TBT NEP Informs the WTO secretariat of impending implementation of new or revised technical regulations Prepare notifications on the above Disseminate foreign notifications to the industry Respond to enquiries on technical regulations, standards and conformity assessment procedures Compile and forward a bi-annual Standards Work Bulletin to WTO (TBT Agreement Annex 3 clause J) 4 December 2018 TBT NEP

DOMESTIC NOTIFICATIONS Notifications originating from Kenya NEP follows procedure on domestic notifications to process these notifications after acquiring regulation(s) The drafted notification is submitted to WTO Central Registry of notification through NSS 4 December 2018 TBT NEP

FOREIGN NOTIFICATIONS Notifications issued by other WTO members The foreign notifications are disseminated to stakeholders through the NotifyKe system (ENS) 4 December 2018 TBT NEP

NOTIFICATION The following notification is being circulated in accordance with Article 10.6 1. Member to Agreement notifying: If applicable, name of local government involved (Articles 3.2 and 7.2):       2. Agency responsible: Agency or authority designated to handle comments regarding the notification shall be indicated if different from above: 3. Notified under Article 2.9.2 [], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [  ], other:       4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): 5. Title, number of pages and language(s) of the notified: 6. Description of content: 7. Objective and rationale, including the nature of urgent problems where applicable Protection of consumer’s safety and health: 8. Relevant documents: 9. Proposed date of adoption: Proposed date of entry into force: 10. Final date for comments: 11. Texts available from: National enquiry point [X ] or address, e-mail and telefax number of the other body: 4 December 2018 TBT NEP

ENQURIES The NEP responds to: Enquiries arising from notifications General enquires related to trade and standards e.g. exports market requirements. The NEP answers all reasonable enquiries from other WTO/TBT members and provides the relevant documents regarding: Any technical regulations (compulsory specifications) proposed or adopted Any Standards proposed or adopted Any conformity assessment procedures proposed or adopted This is done in liaison with TC secretary, relevant regulatory body or focal point 4 December 2018 TBT NEP

WTO WORK PROGRAMME BULLETIN Prepared bi-annually i.e. January and July in line with the TBT Agreement Annex 3, Paragraph J Work schedules on standards are received by NEP from TC secretaries Compiled in WTO format Forwards a bi-annual work programme bulletin to ISO/IEC information center 4 December 2018 TBT NEP

ACHIEVEMENTS As of March 2016, 466 domestic notifications have been issued and 3 notifications are complete and ready for submission; these are in the form of: Technical directives (legal notices) Conformity assessment procedure (inspection) Technical regulations These were in the areas of agriculture, chemical engineering, food, mechanical engineering, textiles, services, consumer products and labeling requirements. Statement on implementation and administration of the TBT Agreement (Art. 15.2) 4 December 2018 TBT NEP

ACHIEVEMENTS CONT…… NEP Working procedures ENS Have accepted and is complying with the Code of Good Practice of the TBT Agreement 4 December 2018 TBT NEP

ENQUIRIES HANDLED SINCE 2001/2002 YEAR NUMBER OF ENQUIRIES INTERNATIONAL LOCAL TOTALS 2001/2002 34 3 37 2002/2003 170 27 197 2003/2004 194 60 254 2004/2005 181 253 434 2005/2006 119 349 468 2006/2007 156 121 277 2007/2008 180 100 280 2008/2009 61 66 127 2009/2010 113 65 178 2010/2011 140 23 163 2011/2012 120 78 196 2012/2013 105 55 160 2013/2014 30 33 2014/2015 35 11 46 2015/2016 40 17 57 TOTAL 1678 1231 2909 4 December 2018 TBT NEP

ENQUIRIES CHART TBT NEP 4 December 2018

NOTIFICATIONS YEAR DOMESTIC TBT NOTIFICATIONS ISSUED FOREIGN TBT NOTIFICATIONS DOWNLOADED 2003/2004 11 538 2004/2005 12 683 2005/2006 64 685 2006/2007 30 842 2007/2008 19 1136 2008/2009 69 1174 2009/2010 66 1258 2010/2011 39 1052 2011/2012 42 1257 2012/2013 51 1461 2013/2014 18 1320 2014/2015 23 - 2015/2016 26 TOTAL 469 11406 19 4 December 2018

DOCUMENTARY PRODUCTS Products and services being generated by the NEP Product/Services Standards work programme bulletin (issued biannually) Foreign TBT notifications Domestic TBT notifications Information dissemination to the end users 4 December 2018 TBT NEP

NotifyKenyaTBT System The NotifyKe TBT online system has replaced the old notification process. This is a self service system NEP updates the NotifyKe TBT system with the notifications posted on the WTO website instead of downloading the notifications NEP is recruiting and registering stakeholders into the new system Expect to receive comments on TBT notifications through the information alert system 4 December 2018 TBT NEP

NotifyKenyaTBT System Stakeholders are recruited during the awareness campaign and other forums 4 December 2018 TBT NEP

CHALLENGES There is lack of involvement by the business sector in the analysis of Technical Regulations and feedback on foreign notifications i.e. Recruitment and registration of Stakeholders into the NotifyKe alert system. Lack of a government regulatory policy or legislation to guide regulatory authorities in the country concerning notification procedures. Lack of synergy between various regulatory authorities in the country. Language translation of TBT notifications 4 December 2018 TBT NEP

WAY FORWARD Continue with awareness campaigns among all stake holders on TBT Agreement and its obligations Establishment of a regulatory policy to ensure Central Government and Local Authorities preparing new technical regulations, rules , directives or procedures for Conformity Assessment provide early information in order to enable the NEP fulfill its notification obligations 4 December 2018 TBT NEP

WAY FORWARD CONT…….. Improve synergy between various regulatory authorities Network and coordinate the activities of the National Enquiry Points (NEP’s) and Reference centers through linkage of institutional databases. The TBT NEP to recruit and register industry stakeholders through workshops, meetings, seminars and referrals to NotifyKe System 4 December 2018 TBT NEP

WAY FORWARD CONT………. Explore possibility of funding to support the awareness/recruitment campaigns at the counties level 4 December 2018 TBT NEP

THANK YOU. 4 December 2018 TBT NEP