National Capacity Building for SPS Compliance; Challenges and Opportunities
Esther Kimani (PhD)GENERAL MANAGER-PHYTOSANITARY SERVICESKENYA PLANT HEALTH INSPECTORATE SERVICE
(KEPHIS)Website: www.kephis.org
Email: [email protected]
Presentation made at the International Flower Focus on Sustainability for Growth. Visha Oshwal Centre. 6th June, 2013, Nairobi, Kenya
Introduction WTO-SPS Agreement KEPHIS KEPHIS Services Challenges Opportunities
Presentation Outline
The Kenyan Vision 2030 aims to achieve 10% economic growth rate
Agriculture recognized as a fundamental driver of growth
Tea and horticulture rank as the highest foreign exchange earners for the country
To be competitive, High quality agro inputs and produce
Standards provide guidelines for quality assurance SPS requirements are some of the standards that affect agricultural trade
Introduction
Global System for Agricultural Trade
WORLD TRADE ORGANIZATION
SPSSPS TBTTBT
OIEOIE CODEXCODEXIPPCIPPC
AGRICULTUREAGRICULTURE
WTO-SPS Agreement: SPS Measures
Measures are designed to protect:
◦Human/ animal life from risks arising from additives, contaminants, toxins, or disease causing organisms in food/feed
◦Human life from diseases carried by plants and animals
◦Animals and plant life from pests, diseases or disease causing organisms
Measures aim at preventing introduction and spread of pests and diseases
6
Some reasons for SPS standards Consumers more aware on foodsafety issues Man has carried many worlds’ most serious
Pests across deserts and oceans. The role of man as a dispesal agent was recognized after experiencing serious disasters.
Some of the notable examples in plant include the following:
1845- Phytopthora infestans (late blight) on Irish potato from South America to Europe
1869-Hemileia vastatrix (coffee leaf rust) from Africa to Sri Lanka
1983- Prostephanus truncates (Lager grain borer) from South America to East Africa through maize imports
1989- Eichhornia crassipes (Water hyacinth) from South America.
1990- Cypress aphid
Department of Veterinary Service (DVS) Ministry of Health and Sanitation (Public
Health)/ KEBS Kenya Plant Health Inspectorate Service
Application of SPS in Kenya
8
KEPHIS
KEPHIS is Kenya’s National Plant Protection Organization (NPPO)
A state corporation under MoA
Established under the State Corporations Act (Cap 446)
Commenced operations in Nov. 1997
Regulates agricultural sector through the application / enforcement of Sanitary and Phytosanitary (SPS) measures among others duties
Plant Variety Protection Seed CertificationPhytosanitary Services /quarantine Quality
Assurance – Ag InputsRegulation on GMOs/ biologicals ACL – Soil, Tissues,
Water, MRLsCertification of produce Inspection & Grading
KENYA PLANT HEALTH INSPECTORATE SERVICE
The Mandate of KEPHIS
“Sustaining and Safeguarding Agriculture, Food,Environment and Trade”
10
International Standards Applied
International treaties/ conventions to which Kenya is a signatory that guide KEPHIS activities include:◦ The Union for the Protection of New Plant
Varieties of Plants (UPOV)◦ The International Seed Testing Association (ISTA)◦ Organization for Economic Cooperation and
Development (OECD) Seed Schemes.◦ FAO- International Plant Protection Convention
(IPPC)◦ CBD- Cartegena Protocol on Biosafety (CPD)◦ FAO / WHO- Codex Alimentarius Commission◦ WTO - Sanitary and Phytosanitary Agreement
11
Legal Framework
The National legislations that provide the authority for KEPHIS operations includes but not limited to:
1. Cap 324- The Plant Protection Act2. Cap 325- The Suppression of Noxious Weeds Act 3. Cap 326- The Seeds and Plant Varieties Act4. Cap 319- The Agriculture Produce (Export) Act5. Others (The Fertilizer and Animal Foodstuffs Act,
Cap 345 and The Pest Control Products Act, Cap 346)
KEPHIS OFFICES
Participate in trade negotiations for Market Access
Provide information and conduct pest risk analysis
Laboratory services for testing commodities for compliance to phytosanitary and food safety requirements
Inspections for quality standards Facilitate access to quality agro inputs Undertake surveillance and provide early warning
services Import inspections and export certification
SPS Services at KEPHIS
Chemical Analytical Support
•Quality fertilizers/ pesticides •Pesticide residues on produce •Environmental testing The Analytical Chemistry Laboratory (ACL)
is accredited to ISO- 17025 by SANAS
Seed Certification
•Use of Quality seed maximize crop productivity1) Imported seed2) locally produced seedSeed Testing Laboratory is
Accredited (ISO 17025) by the International Seed Testing Association (ISTA)
Field Inspection
Variety Testing: Evaluation maize varietyVariety Testing: Evaluation Sunflower variety
Aim to protect
agriculture/environment
through prevention of
introduction and or
spread of quarantine
pests, diseases and
noxious weeds
Phytosanitary/ Plant Health Services
Plant protection/quarantine services
Plant clinics/ diagnostic labs
Oversight of National Biosafety
regulations
Phytosanitary inspection &
certification
Border control
Gather and Analyse Pest Risk Analysis
(PRA) information
Collaborate with KWS to facilitate exchange
of CITES plant materials
Flower grading
KEPHIS inspection critical here for market access and sustainability
.
Production Facility inspection
Use of check lists and specific crop / pest protocols for effective on-farm inspections- more critical for propagation materials
Pest Detection
•Prompt detection of Quarantine Pests at actively growing stage
•Enabling a flourishing export
Plants and plants products for all purposes (inc. flowers)
Storage facilities Packaging material Conveyances and
transport facilities Soil organic fertilizer
and related materials Travellers personal
effects
Organisms capable of harboring or spreading pests
Potential contaminated equipment
Research materials International mail
and courier services Pest and biological
control organisms
Imported Commodities that may be regulated
Import Regulations in Kenya
These are in 3 categories
1. Imports that are permitted Risk of importation is low and permits are
issued after fulfilling application requirements.
2. Imports under quarantineRisk of importation in high and material is held under examination until risk assessment can be done.
3. Imports that are prohibitedThese are materials that are too risky to introduce into the country. Materials may be imported after approval by KSTCIE
Procedures for Phytosanitary inspections & certification
Plant import procedures◦Apply for Plant Import Permit (PIP) from
KEPHIS (details import conditions)
◦And notice to import seed (Form SR14) for seed
◦NPPO of the country of origin issue Phytosanitary Cert. based on conditions in PIP
◦All plant materials declared at point of entry
◦Prohibited/non compliant material destroyed or shipped back
◦ It is an offence not to comply with phytosanitary regulations (Cap 324)
24
Plant Export Procedures
Avail import conditions of destination country
Plant materials inspected at exit point and/or during active growth. Must comply with the importing country requirements
Phytosanitary certificate and conformity certificate issued
Special procedures for restricted material (e.g. CITES). Clearance from KWS required.
◦Must comply to Kenya import requirements and requirements of final country of import
◦Re- Export consignment are those imported from other countries and handled in one way or another in Kenya before exporting into other countries
◦Require re-inspection and issuance of either a re-export phyto sanitary certificate or a phytosanitary certificate
◦Need to track and ensure they are re-exported
Procedure for Re-export
Do not need to comply with Kenya’s import requirements
Transit consignments are those that pass through a country without being imported under custom control.
KEPHIS may apply measures if technically justified and necessary to prevent introduction and spread of pests
For consignments accompanied by a phytosanitary certificates and not opened in Kenya, KEPHIS only verifies the documentations from country of origin
Need to improve the tracking of these consignments
Consignments on Transit
No single agency or organization has both the legal authority and a sufficient level of resources to conduct an effective mitigation to protect human, animal and plant health and life without the involvement and support of others
Therefore, the need to bring together relevant public and private sector players
Relevant skills and expertise in developing and implementing effective mitigation activities, to Protect Human, animal and plant Health and life need to be brought together
Something to Note
Limited resources Lack of specialized capacity in specific
disciplines Inadequate visibility of service providers Inadequate awareness about institutional
Services Inadequate Implementation procedures Inadequate legal capacity Increased competition for skilled staff Inadequate institutional succession planning Conflicting and unclear mandates
Current Challenges in SPS
Inadequate coordination of public agencies for service delivery
Challenges in Document processing Challenges in communication Emergency of new SPS threats (new
pests, food safety) Growing digital divide, ICT security
risks and threats Evasion of certification services by
stakeholders Changing analytical technologies
Challenges
Increase demand for services Enhanced cooperation with stakeholders and
collaborators Strategic location in relation to East Africa and
the Region Ready availability of skilled manpower in the
market A vibrant economy and improved agricultural
growth Increased demand for high quality agro inputs Willing support for development partners Regional harmonization of policies Access to professional training
Opportunities
Establishment of Automated support system for enhanced phytosanitary capacity and communication
Construction of modern laboratories for pest diagnosis and quality assurance
Accredited laboratories Training of staff Establishment of linkages with local
and international collaborators
Capacity at KEPHIS
Enhance staffing levels and skills Acquire and improve ICT infrastructure
and systems Enhance other infrastructural
requirements for efficient and effective implementation of SPS
Enhance institutional management Establish strategic partnership for
delivery of service (local and international organization)
Capacity building for neighboring countries
Capacity Building activities
Example: ICT capacity- Import System
Automated Inspection Quarantine ?Permit ?
Secure online Import requests
Automated import request verification & approval,
ASSIP – K System
Cargo freight
Import requirements available online
Automated import Notification (SIMBA SYSTEM)
Other Gov. Agencie
s
Centre of Phytosanitary Excellence
Thank you for your attention
36
For more information
Contact:
MANAGING DIRECTOR
Kenya Plant Health Inspectorate Service
(KEPHIS)
e.mail: [email protected]