1. 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

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

3. 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

4. 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

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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. NOTIFICATION The following notification is being circulated in accordance with Article 10.61.
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 [], [   ], [   ], [  ], 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, and telefax number of the other body:
4 December 2018
TBT NEP

13. 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

14. 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

15. 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

16. 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

17. 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

18. ENQUIRIES CHART
TBT NEP
4 December 2018

19. 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

20. 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

21. 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

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

23. 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

24. 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

25. 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

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

27. THANK YOU.
4 December 2018
TBT NEP