| Complaint number |
NTB Type
|
Date of incident |
Location (additional) |
Reporting country or region |
Status |
Actions |
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NTB-000-657 |
5.15. Other
Policy/Regulatory |
2014-12-11 |
Tanzania: Various State Agencies |
EAC |
In process |
View |
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Complaint:
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Numerous monetary charges required by various agencies in the United Republic of Tanzania on exports of dairy products |
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Progress:
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1. At the 16th EAC NTBs Forum held in Kigali, noted that the SCTIFI urged Partner States to forward charges on dairy products to the EAC Secretariat in order to work modalities to harmonize them. The Secretariat informed the meeting that it was only the Republic of Kenya and Rwanda who had submitted their charges. The meeting recommended the other Partner States to submit their charges by 31st December, 2014. The time frame for addressing this issue is June 2015.
2. At the 26th Regional Monitoring Committee meeting, the Secretariat reported that they had sent a letter to Partner States to submit the additional charges for harmonization.
3.The Secretariat reported that the study on discriminative fees and charges of the equivalent effect that affect trade in the region was conducted and the report was validated on 28th February 2020 via Video Conference. Tanzania did not participate in the VC meeting due to connection challenges and will submit their comments once the validated report is shared. The study recommended the establishment of a regional task force to harmonize the fees and charges
4.The Secretariat wrote to the Partner States to provide names of RTF members. All Partner States have nominated members. The Secretariat will convene a meeting of the RTF by January 2022.
5. On 14 June 2022, the Secretariat reported that an online meeting was held in March 2022 and recommended that the Secretariat mobilize resources to facilitate sector working groups as well as the RTF meetings.
6.The Sector Working Groups met from 25th July -9th August 2022 and compiled the list of National Levies in all Partner States which was validated by the Regional Task Force on 13th – 17th September 2022. The Report of RTF was considered by the Trade Committee and its recommendations were submitted to the 41st SCTIFI in November 2022. The Sectoral Council on Trade, Industry, Finance, and Investment took note of the progress and: (a) referred the list of levies, fees, and charges to relevant EAC Committees and Policy Organs for harmonization or removal (EAC/SCTIFI 41/ Directive 28); and (b) directed the Secretariat to include the reporting of levies, fees, and charges which were not captured in the matrix and any other that may be imposed in the Region as an agenda item of the NMC and RMC meetings (EAC/SCTIFI 41/ Directive 29).
7. The 34th RMC noted and commended the efforts by URT in reducing the fee from 2,000 Tshs to 1,000 Tshs per kg/ltr as import fees and export fees to 50 Tshs per Kg/ltr. The Republic of Kenya indicated that the fee is still very high and discriminative. A consignment of 24,000 liters of milk transferred from Kenya to Tanzania is charged 24,000,000 Tshs as an import fee while the same consignment transferred from Tanzania to Kenya is charged an equivalent of 120,000 Tshs as an import permit processing fee. It was also noted that while URT charges 1,000 Tshs per liter, the Republic of Kenya charges an equivalent of 120,000 Tshs per consignment. Charging Tshs 1,000 per ltr/kg by URT is equivalent to an import duty that violates Articles 15 (1 and 2) of the CUP on National Treatment and Article 75 of the Treaty. The URT indicated that the Animal Disease Act CAP 156 (Regulations) of 2022 reduced the fees on milk from 2,000 Tshs to 1,000 Tshs to facilitate trade. Given that in EAC fees and charges are yet to be harmonized the given fee is not discriminative. In the spirit of deepening integration, Tanzania supports the directives of the SCTIFI EAC SCTIFI 41/D28 that to resolve issues on fees and charges harmonization has to be undertaken in the Region. The URT further submitted that the fees submitted by Kenya are not comparable as Tanzania charges import fees while Kenya charges import permit processing fees. The data provided on the Kenya side could not be verified. |
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NTB-000-530 |
8.6. Vehicle standards
Policy/Regulatory |
2012-09-10 |
Zambia: Zambia Bureau of Standards |
South Africa |
In process |
View |
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Complaint:
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This complaint is registered by FESARTA.
Zambia is requiring all foreign tankers either delivering product to Zambia, or transiting Zambia, to comply with its Standards 371:2008 and 429-4:2008.
Furthermore, it is charging transporters to obtain a permit to certify that the tankers comply with the Standards. This requirement is affecting the free flow of goods into Zambia.
Zambia is requested to recognise the foreign vehicles national certificates of roadworthiness as it is difficult for Transporters operating tankers into Zambia to alter the design of their tankers at short notice.This is against the objectives of trade facilitation, will create monopolies and increase the cost of transport. |
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Progress:
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1. On 25 January 2018, Zambia Focal Point advised that the Zambia Bureau of Standards had taken into account the concerns raised. The standard (ZS 371:2008) is currently under revision to address concerns among other matters.
The matter had also been tabled under SADC in an effort to harmonize the standard in the region
2. During the 15th SADC Sub Committee on Trade facilitation held in May 2017, Zambia reported that this NTB had been resolved. However, South Africa Focal Point undertook to verify with complainant and provide feed back on the status.
3. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that through SADCSTAN and Tripartite Transit Transport Facilitation Programme had recently agreed on the standard on transportation of dangerous goods which covers fuel tanks that will resolve this matter. |
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NTB-000-479 |
2.6. Additional taxes and other charges |
2011-12-30 |
Tanzania: Mtwara |
Mozambique |
In process |
View |
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Complaint:
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Impose Import Tax from Ministry of Livestock and Fisheries Development in Tanzania on raw seafood coming from Mozambique accompanied by SADC Certificate and all other relevant documents from Mozambican Authorities. |
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Progress:
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1. On 20th July 2013, SADC secretariat requested Tanzania Focal Point to provide progress report on this issue. Response is being awaited.
2. At the 11th meeting of the SADC Sub -Committee on Trade Facilitation held on 23 May 2013 in Gaborone, Tanzania reported that the matter would be taken to relevant authority. |
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Products:
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0306.21: Rock lobster and other sea crawfish "Palinurus spp., Panulirus spp. and Jasus spp.", even smoked, whether in shell or not, live, fresh, chilled, dried, salted or in brine, incl. in shell, cooked by steaming or by boiling in water, 0306.24: Crabs, even smoked, whether in shell or not, live, fresh, chilled, dried, salted or in brine, incl. crabs in shell, cooked by steaming or by boiling in water, 0307.41: Live, fresh or chilled, not smoked, cuttle fish "Sepia officinalis, Rossia macrosoma, Sepiola spp." and squid "Ommastrephes spp., Loligo spp., Nototodarus spp., Sepioteuthis spp.", with or without shell and 0307.51: Octopus "Octopus spp.", live, fresh or chilled |
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NTB-000-420 |
2.3. Issues related to the rules of origin |
2011-05-01 |
Zambia: Nakonde |
Kenya |
In process |
View |
|
Complaint:
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Since early May 2011, one of our Association member companies(Bidco Oil Refefineries) product's(palm based cooking oil) has been stopped from entering the Zambian market by Zambia Revenue Authority with the reason that the product do not meet 35% value addition criteria as required under COMESA product on the rules of origin. Zambia government Authorities including the officials of the Zambia revenue Authority have visited in the past Bidco oil refeneries and confirmed that palm based cooking oils meets 35% value addition criteria. Kenya Revenue Authority had also in May did a fresh verification mission on the affected product which we understand was sent to ZRA. To date ZRA has not responded to verification report of KRA on the company's product and meanwhile the company continue incurring losses due to lost market share Zambia. Our submission is that Zambia Revenue Authority respond to Kenya Revenue Authority verification report and follow the laid down procedures in the COMESA Protocol on the rules of origin if the Authority is still disputing the fulfillment of 35% value addition in regard to the product. This is happening at the border points. The importer has now stopped importing palm oil cooking oils consignments from Kenya after dealer paid the CET rate of 25% instead of 0% and incurred very heavy loss. |
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Progress:
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1. On 16 July 2020, Kenya focal point reported that this issue was raised again during the recent 8th COMESA NTBs Focal Points meeting held from 8th - 10th July, 2020, where it was agreed that both Parties to resolve the NTB. Kenya is therefore requesting the Focal Point from Zambia to provide the necessary information on the support documents required to be provided, so that our exports of cooking oil can continue to enjoy market access into Zambia.
2. The TTFSC recommended to 40th meeting of Council of Ministers that the Secretariat compiles a record of Council decisions and all the interventions that have been undertaken to facilitate way forward and fast tracking of resolution of the NTB. The Secretariat will circulate the record by 15 March 2020.
3. During the meeting of NTBs Focal Points held in Nairobi on 19- 21 August 2019, Zambia Focal points reported that, with regard to the audit report by KPMG, had requested for additional support documents which have not been availed by Kenya. Zambia and Kenya bilaterally engaged during the NTBs focal point meeting and Kenya undertook to follow up on the request for additional documentation. Kenya further requested Zambia to provide the correspondence in which additional support documents were sought for.
4. The 2nd meeting of the COMESA Heads of Customs Sub Committee which met from 19-20 June 2015, noted that KPMG report had confirmed that Palm Oil from Kenya met the COMESA RoO and that KRA had written to its counterpart ZRA on 28 February as per recommendations of the extra - ordinary meeting of the COMESA Trade and Customs committee held on 9-11 February 2015. Zambia confirmed receipt of the required information informed the meeting that the issue was under consideration .
5. On 16 January 2015, Kenya Focal point reported that according to KAM consultant on edible oils, the NTB was discussed and an audit was carried out independently on Bidco by KPMG and communicated to the Ministry of Foreign Affairs & International and COMESA Secretariat in 2014. KAM was advised that the audit found that palm oil exported to Zambia by Kenya had 40% value addition.KAM was now waiting for their edible oils KAM consultant to advise whether the exports of these products were receiving preferential tariff treatment in Zambia.
6. As at 26 September 2013, the COMESA secretariat was yet to provide progress report.
7. On 16th July 2013, Kenya Focal point requested Zambia to indicated progress made since their report to the Tripartite NTBs Online Reporting, Monitoring & Eliminating Mechanism meeting and SMS Reporting Tool Launch on 9th and 10th April 2013 in Lusaka Zambia. At this meeting, the Republic of Zambia indicated that the bilateral meeting would be held within a month’s time from the date of this meeting. Kenya proposes that, in view of the delays in bilateral consultations, the COMESA Secretariat facilitates a meeting where they will act as an arbitrator in helping the two partner states resolve the NTBs and enable industry to benefit from the inherent market access for their products.
8.At the Tripartite NTBs Online Reporting, Monitoring and Eliminating Mechanism Meeting to Launch the SMS Reporting Tool from 9-10 April 2013 in Lusaka, Zambia,Kenya and Zambia requested the COMESA Secretariat to organise a bilateral meeting between the two countries in order to arbitrate between them. COMESA Secretariat was also requested to provide guidance on the proper interpretation of the Rules of Origin for this product.
9.On 1 November 2019, Kenya focal point reported that : As a follow up to the meeting of NTBs Focal Points held in Nairobi on 19- 21 August 2019, where Kenya and Zambia bilaterally engaged, Kenya undertook to follow up on the request for additional documentation. However, to do this, Kenya had requested Zambia to provide the correspondence in which additional support documents were sought for, to finalize on this issue. We are therefore kindly requesting for the same.
10. On 16 July 2020, Kenya Focal Point reported that this issue was raised again during the EAC- COMESA NTB Meeting held from 8th - 10th July, 2020, where it was agreed that both Parties to resolve the NTB. Kenya is therefore requesting the Focal Point from Zambia to provide the necessary information on the support documents required to be provided, so that our exports of cooking oil can continue to enjoy market access into Zambia.
11. On 25 February 2021, Zambia Focal Point reported that the issue is work in progress and the required information documents would be shared soon.
12. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021, it was agreed that Zambia will send a request to Kenya within 30 days to submit cost structure of the inputs used to produce the final product (cooking oil) for determination of origin status under the value addition origin criterion after which a verification mission to Kenya will be organized.
13. On 30 July 2021, Zambia reported that, as previously submitted following the KPMG Malawi Audit report, not all components of value addition could be verified from the report due to the following:
i) Absence of raw material/blend mix to accurately determine actual quantities of raw materials used in the processing of a specific volume of crude oil.
ii) No documentary evidence to verify other operating costs such as water, electricity, spares and consumables and their source.
iii) No documentary evidence to verify labour costs.
In this regard, the value addition criterion as provided for under Rule 2 (1) (b) (ii) of the COMESA Rules of Origin could not be independently determined due to the absence of vital information.The outstanding information should therefore be availed in order to accurately determine the value addition of the oil produced by BIDCO.
14. During the 2nd meeting of the COMESA NTBs Forum, Zambia F reported that the 9th session of Kenya – Zambia Joint Permanent Commission for Co-operation (JPCC) resolved that Zambia should write to Kenya to request for an appropriate date for another verification visit to resolve the outstanding matter. A letter was done to make the request for another verification visit. |
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Products:
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1511.10: Crude palm oil |
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NTB-000-324 |
7.9. Inadequate trade related infrastructure |
2009-09-09 |
SADC |
Seychelles |
In process |
View |
|
Complaint:
|
Some businesses complained that SADC ports are unable to handle containers that exceed 6 metres (20 ft), which limits exporters in implementing the most cost-effective way of transporting their products |
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Progress:
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1. During the 15th meeting of the SADC Sub - Committee on Trade Facilitation held in May 2017, the Secretariat reported that the Issue had been referred to Directorate of Infrastructure & S for consideration because it is outside the scope of trade.
2. The SADC meeting of NTB-Market Access Task Force held 18-20 March 2020 at SADC HQ Offices, Gaborone observed that the SADC Secretariat has no Senior Programme Officer for Transport nor a Ports Programme Officer to work with the SADC coastal countries to ensure they have facilities to handle 12 foot containers at their ports. |
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