The East African Community and the European Union will have the sovereign right of imposing sanitary and phytosanitary measures on certain products exported into their markets.

According to the Economic Partnership Agreement (EPA) signed between the EU and the EAC this month, the measures can  also be imposed by an individual country belonging to either bloc for safety reasons. The majority of the products targeted are animal and plant products.

However, the agreement requires the party imposing the measures to consult the other prior to the introduction of the new sanitary and phytosanitary measures (SPS), through the notification mechanisms provided for in the agreement.

The parties must also ensure that the introduction, alteration or modification of any sanitary and phytosanitary measure in their territories is based on scientific justifications and in accordance with the World Trade Organisation SPS Agreement.

Some exporters from the EAC have complained about the strict measures imposed by the EU terming them a protectionist strategy by the 27-member trade bloc.

Recently, the EU enhanced its surveillance measures for fresh produce exports from the region after it was discovered that some of the products exported exceeded the maximum residue levels recommended by the trade bloc. Some companies were temporarily banned from exporting fresh produce to the EU.

Christophe De Vroey, EU trade and communication counsellor, defended SPS measures taken by the bloc saying they were necessary to trade.

“The SPS measures that are being taken by the EU are WTO compliant, transparent, science based and in proportion to the risks involved. Above all, these measures are non-discriminatory. They apply to EU producers and foreign importers alike,” said Mr De Vroey.

The official added that if, for example, an EU producer uses pesticides above the authorised EU maximum residue levels, his products will likewise be destroyed.

The Agreement on the Application of Sanitary and Phytosanitary Measures sets out the basic rules for food safety and animal and plant health standards.

According to the WTO agreement, SPS  allows countries to set their own standards, but  emphasises that regulation must be based on science.

“They should be applied only to the extent necessary to protect human, animal or plant life or health. And they should not arbitrarily or unjustifiably discriminate between countries where identical or similar conditions prevail,” the agreement adds.

However, countries are allowed to set higher standards based on adequate assessment of risks so long as the approach is not arbitrary.

Francis Wario, a technical manager at the Fresh Producers Exporters Association of Kenya, sees no problem with SPS regulations, saying countries are allowed to come up with  such laws to protect  consumers and the environment.

According to the EPA agreement, the EAC and EU shall recognise on a case-by-case basis designated areas, that are free from pests or diseases, or areas of low pest or disease prevalence, as potential sources of plant and animal products.

Unlike the EU, the EAC’s SPS regulation is weak and needs to be strengthened to help member countries boost exports of certified agricultural products.

READ: Slow execution of protocol hampering EAC growth - report

To help Kenya improve its safety standards, the EU recently launched a €12 million ($15.2 million) standards and SPS project referred to as the Standards and Market Access Programme (SMAP) which focuses on developing appropriate and relevant standards and technical regulations for plant and animal based products. It is also expected to help the country build institutional capacity in bio-security, risk profiling and surveillance with the aim of improving SPS compliance.

The major beneficiaries, Mr De Vroey said will be Kenya Plant Health Inspectorate Service (KEPHIS) and the Kenya Agriculture Research Institute (Kari).

The EPA also requires that parties aim to achieve harmonisation of their respective rules and procedures for formulation of their SPS measures, including inspection, testing and certification procedures in accordance with the WTO SPS Agreement.

“The EAC will develop, with the support of the European Council, a programme and timeframe for harmonising its SPS standards,” says the document.

“Harmonised laws  will improve the region’s SPS  monitoring system, which in my view is still weak. An efficient monitoring system is definitely good for trade, both within and outside the region,” George Mwangi, an agriculture economist said.

Last month, Foreign Affairs Principal Secretary, Karanja Kibicho, said that though Uganda, Tanzania, Rwanda and Burundi belong to the least developed countries category, meaning their goods can access the EU market duty free even without an EPA agreement, meeting the trade bloc’s stringent sanitary and phytosanitary measures remains a major hurdle for all.

READ: Kenya, Europe sign trade deal on horticultural exports

Mr Wario concurred that some exporters find it difficult to access the EU market because the monitoring system in place works effectively.

“For example, it is easy to regulate the level of pesticides in fruits destined for export because the rules require laboratory tests and the products to be certified that they are safe for human consumption before they are allowed into the EU market,” he said. However, the regulations are not strictly applied for products destined for the local market and this is a problem facing all the EAC countries.