| Complaint number |
NTB Type
|
Date of incident |
Location |
Reporting country or region (additional) |
Status |
Actions |
|
NTB-001-014 |
1.6. Domestic assistance programmes for companies
Policy/Regulatory |
2021-03-17 |
South Africa: Rhodes Quality, Cape Town |
Botswana |
New |
View |
|
Complaint:
|
We are a freight logistics company based in Gaborone, Botswana(100% citizen). During registration on supplies portals in South Africa they require us (Foreign freight logistics companies without branches in South Africa ) to be BBBEE compliant despite we providing them with all company documents verifying that we are foreign based with Head Offices out of South Africa borders. Because of the nature of our business which compels us to conduct cross border transportation, South African supplies would immediately inform us we can't do business with them on the basis of non - compliant on BBBEE requirements. Arrangement in place promotes South African transporters to do cross border and prohibits foreign transporters to haul commodities back to country of operation. Please note we are not issued with any documents as a dispensation on our Head offices out of South African borders.
Kindly assist in the best possible way. |
|
|
NTB-001-001 |
1.14. Lack of coordination between government institutions |
2021-01-19 |
Namibia: NRST
Head Office / Innovation Hub
Cnr, Louis Raymond & Grant Webster Street
Private Bag 13253
Windhoek
Tel: +264 61 431 7000/99
Fax: + 264 61 216 531/+ 264 61 235 758
Email: info@ncrst.na |
South Africa |
New |
View |
|
Complaint:
|
1. GMO thresholds - Namibia is 1% and South Africa is 5%
2. The above then has implications on what should be labeled.
3. The prescribed GMO wording is also different
4. Namibia also requests additional information from the rights owner (GMO Tech developers), which users do not have in South Africa.
All of this adds up to South African manufacturers/exporters being unable to meet the application requirements, thereby not obtaining the required import permits.
CGCSA members revised applications 3 times, but were still unable to complete the applications to the specifications expected.
|
|
|
Progress:
|
1. On 12 October 2021 , Namibia Focal Point reported that they will consult the relevant authorities and submit feedback as soon as possible.
2. On 31 March 2022,Namibia Focal Point updated as follows:
Namibian GMO labeling regulations (0.9%) – Vs 5% for South Africa. The Namibian Biosafety regulations (No 6116), 2016 Biosafety Act No. 7 of 2006, were developed nationally through a consultative process, taking into account trading partners with different labeling requirements. As per the Biosafety regulation (17) (c), 2016, exemptions to genetically modified food or feed labeling requirements:
“any processed food or feed including one or more substances produced through genetic modification, subject thereto that the genetically modified food or feed in the aggregate does not account for more than 0.9 percent of the processed food or feed or such other percentage or quantity as the Council may from time to time determine”;
This part of the regulations ‘labeling requirements’ will remain in place until such a time the regulation is amended |
|
|
NTB-000-987 |
8.7. Costly Road user charges /fees |
2020-09-26 |
Zambia: Kazungula Ferry |
Botswana |
In process |
View |
|
Complaint:
|
Zambia Road Transport and Safety Agency (RTSA)charges Botswana trucks 541 US Dollars per each entry into Zambia, while other SADC Countries are charged per distance. South Africa trucks are charged 110 US Dollars from Kazungula Ferry to Lusaka, Namibia trucks are charged a fixed 209 US Dollars per truck anywhere into Zambia. Zimbabwe and Tanzania pay a the same as South Africa.
Botswana trucks again have to pay RTSA K469 for identity cards per unit which becomes costly for Botswana truckers while other SADC Countries do not pay for identity cards. As Esmail Carriers (PTY) LTD we have 12 trucks that are crossing into Zambia and this has been going on for over 8 years. Per trip we spend more than P6765 per truck and per month the cumulative costs amount to more than P80 000.00 (RTSA charges). For identity cards is about P12 600.00 per month. Furthermore, Zambia has introduced new inland road tolls which we are paying in addition to existing charges.
This has become detrimental to our business as we lose more revenue on a daily basis. We currently request the Zambia government, Botswana government and SADC Secretariat to resolve this issue. |
|
|
Progress:
|
On 8th December 2020, Zambia Focal point reported that they were making follow up with the Road Transport and Safety Agency ( RTSA) and provide feedback as soon as possible. |
|
|
NTB-000-985 |
1.8. Import bans |
2020-10-12 |
South Africa: Grobler's Bridge |
Zambia |
New |
View |
|
Complaint:
|
Certified organic honey that is American Foulbrood Disease (AFB)free, complete with Certificate of Analysis from accredited lab Intertek in Germany (accredited by the German National Accreditation body DAkkS - national accreditation body for the Federal Republic of Germany) they are also ISO/IEC 17025 certified and they do engage in proficiency testing) has been banned from entering SA unless irradiated.
2015 bilateral agreement allowed Zambian honey into SA without irradiating due to there being no AFB in Zambia.
SA claims that their ARC lab has tested samples from Forest Fruits and others and found them to be positive for AFB. The ARC lab has always produced inconsistent results and they cannot replicate the results. Sometimes positive and after a retest it is negative. ARC lab is not even SANAS accredited, has no ISO certification and does not engage in proficiency testing for AFB tests. On 23 October 2020 at a round table meeting of SA honey importers and various DAFF departments - meeting called by DAFF NPPO, it was clearly stated and admitted that ARC has performance "gaps".
DAFF scientists have to make decisions based on faulty science and results. The Intertek results consistently come back as negative for AFB disease. The result is in Non Compliance notices being sent to Zambia for samples that get retested and are negative!
As recent as last year, Zambia Veterinary Services did a national survey and found no AFB disease in Zambia.
SA DAFF NPPO is creating haphazard barriers to Zambian honey.
All Zambian exports are now affected.
Since 2015 a considerable amount of business with South African companies has developed in Zambia exporting honey to them. This ban affects the livelihoods of over 140,000 subsistence villagers. |
|
|
NTB-000-982 |
1.4. Preference given to domestic bidders/suppliers |
2020-08-24 |
Botswana: Ministry of Trade and Industry |
Zimbabwe |
In process |
View |
|
Complaint:
|
On 24 August 2020, Botswana’s Ministry of Investment, Trade and Industry released a statement that the country would be restricting the importation of baked goods. This will affect products such as pastries, cookies, muffins and other products derived from some form of grain.
The statement was supported by S.I 102 of 2020. The Botswana’s Ministry of Investment, Trade and Industry highlighted that the move is meant to protect the domestic producers. |
|
|
NTB-000-977 |
2.3. Issues related to the rules of origin |
2020-08-10 |
Ethiopia: |
South Africa |
New |
View |
|
Complaint:
|
Requirement to submit Certificate of Free sale for Grain products such as cereals, baked goods etc |
|
|
NTB-000-970 |
2.4. Import licensing |
2020-07-01 |
Zambia: Ministry of Agriculture |
Egypt |
In process |
View |
|
Complaint:
|
We want to import 100% Egyptian Made wheat flour in Zambia, but we are not given permission to import. We have placed several requested to allow us to import, but there are no responses to our application and no reply to our emails. Kindly please Help us. I need a confirmed and authorized approval from Zambian authority to allow us to import wheat flour. Some people say just bring it and have the correct comesa certificate of origin and submit at the time of customs clearance, but thats a gamble, our goods worth more than 200000$ we cannot take risk. I want to import only after having a clear official approval. |
|
|
Progress:
|
1. On 25 March 2021, Zambia Focal Point reported that this issue is currently being resolved. Dialogue with relevant stakeholders to resolve via import parity is underway.
2. On 30 July 2021, Zambia Focal Point reported that the exporter was advised to visit the Zambia Trade Information Portal for details on the export of wheat to Zambia using the following link:
https://www.zambiatradeportal.gov.zm/index.php?r=tradeInfo/view&id=7439 .Further information from can also be obtained from the Director, Agribusiness and Marketing department on +0211 250417. The email address is as follows: yoanness18@yahoo.co.uk or peter.zulu2@gmail.com.
2. On 6 September 2023, Egypt Focal Point reported that they tried to communicate with the contacts provided by Zambia focal point, and as per the feedback of the concerned exporter. However, " NO emails are responded to. The Ministry of Agriculture, say it's not allowed to import wheat flour."
3. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries should conduct a bilateral meeting to review the matter by 30th November. Consultations between the Focal Points and NMC to continue using the online system and that Zambia to provide feedback regarding the ban of wheat imports in the online .
4. During the NTBs workshop 17 -19 April 2024, Egypt NFP reported that they were willing to hold a bilateral meeting with Zambia MNC in case Zambia NFP did not upload the national authority decree No. 24 of the year 2024 by end of April 2024.
5. During a virtual bilateral meeting between the two Member States held on 24th September 2024, it was agreed that in the immediate term, Zambia to conduct consultative meetings to ascertain the possibility of having the ban lifted or have the wheat import window extended in accordance with the Control of Goods Order of 2009.
6. On 6 January 2025, Egypt wrote to the Secretary General to advise that the Egyptian wheat exporter is still experiencing the same problem even after the validity of the SI of 24 April 2024 had expired on 30 August 2024. They request Zmbia Focal Point to make follow up and facilitate Egypt exportation of wheta flour into Zambia. |
|
|
NTB-000-959 |
7.4. Costly procedures |
2020-05-18 |
Mozambique: Delegação Aduaneira de Zobwe |
Malawi |
In process |
View |
|
Complaint:
|
Introduction of escort fees.
An escort fee at Zobue to escort Illovo Sugar (Malawi) trucks to Beira. It is US$ 200 per batch of 3 vehicles. If there is a single vehicle/truck that must get to the port the fee is still $ 200.
And there is also a scanning charge of US $ 20 per vehicle. |
|
|
Progress:
|
1. On 28 September 2022 , Mozambique Focal Point reported that , in light of Decree 26/2010, of July 14, it is foreseen to charge road fees for passenger and cargo vehicles with foreign registration plates that cross the border of Zóbwé, Cassacatiza, Calómué, Mandimba, Milange, Namaacha, Goba and Changara District. |
|
|
NTB-000-957 |
5.8. Embargoes |
2020-05-13 |
Kenya: Mombasa sea port |
South Africa |
New |
View |
|
Complaint:
|
Clause 16 of the Government Gazette Notice No. 3530, ban the Bounded Houses where goods are stored until cleared on duties.
With reference to our discussion earlier on the Gazette by Kenya Government for cessation of warehousing of goods including wine.
The timing of the gazette could not have come at a more terrible time. As we all know Covid 19 has had a crippling effect on business globally and economies especially Tourism in Kenya. With the current closure of all camps, lodges, hotels, restaurants pubs and eateries, importers have seen a huge dip in sales of wine as the whole food and beverage industry has been shut down. With no end in sight on the pandemic, this puts added pressure on importers to pay for goods upfront when they simply do not have the cash at the moment. Kenya has also set specific rules on minimum duty payable - so for a 20ft container that is 3 million shillings or $30000.So if an importer is bringing in multiple containers monthly as most importers do , the cash flow required it just simply not feasible because they are operating on very low revenue at the moment.
I think what importers and exporters seek is clarity on this gazette, what was the rationale and was there industry consulted?
Does this mean come mid- August, all goods must be duty paid and are goods imported now can still go on bond and what happens to goods that are all currently in bond.
I also would like to bring to your attention the following implication for South African wine exported to Kenya.
1. Cashflow challenges for traders with upfront payment
2. Unfavourable trade terms which will impact on trade relations.
3. Delays in delivery of products due to readiness of the Custom Officials of efficiently enforcing the new rule without glitches.
4. Cross Border of illicit products
I therefore request your intervention in tabling these concerns and proposal for exemption of South African wine from the rule
|
|
|
Products:
|
2204: Wine of fresh grapes, including fortified wines; grape must other than that of heading 20.09. |
|
|
NTB-000-953 |
7.4. Costly procedures |
2020-04-11 |
|
Namibia |
In process |
View |
|
Complaint:
|
At Katima Mulilo border post between the Republic of Namibia and the Republic of Zambia, Zambian Authorities/ Command centres, specifically the Zambia Police Service and the Ministry of Health Officials stationed at Katima Mulilo border post from the Provincial Administration in Western Province tasked to screen truck drivers at the border post, are charging Namibian transporters and truck drivers to meet logistical costs of escorting their respective quarantined truck drivers to Kazungula, Livingstone, Lusaka and Kasumbalesa transits especially perishables and other essential commodities such as medicines, clearly at variance with World Customs Organisation (WCO) and World Trade Organisation (WTO) Protocols on Trade, destined for the Republic of Zambia and the Democratic Republic of Congo via the Walvis Bay - Ndola - Lubumbashi Development Corridor (Namibia, Zambia, DRC). In the Republic of Zambia and other SADC Member states, and in line with World Health Organisation (WHO) Public Health Protocols, screening, testing and quarantining of truck drivers for covid - 19 are State operations and are at variance with the agreed SADC Guidelines on Harmonisation and Facilitation of Cross Border Transport Operations during the covid - 19 outbreak. This is an added cost of doing business, unnecessary cross border delays without prior notification to transporters and a Non - Tariff Barrier to Trade.
This is unprecedented, Namibian transporters are being charged as much as K800 for each Police Officer for at least 3 days and each convoy of trucks has at least 3 Police officers. The cost is meant to cover lodging and subsistence allowance for the officers.
This is an encumbrance to trade, against the SADC Guidelines on movement of goods and services in the region amid covid - 19 and adds to the cost of doing business, against WCO, WTO, and WHO best practices on global trade facilitation and Public Health. |
|
|
NTB-000-938 |
3. Technical barriers to trade (TBT)
B31: Labelling requirements |
2020-02-08 |
South Africa: Beit Bridge |
Zimbabwe |
In process |
View |
|
Complaint:
|
Arenel (Pvt) Ltd was incorporated in the Republic of Zimbabwe in 1961. Arenel is manufacturer, seller and distributor of food and beverages with renowned brands in Biscuits and Sweets both locally, SADC Region and beyond. On Saturday, the 8th of February, 2020, our truck was subjected to inspection by Port Health, South Africa. The inspectorate then detained the truck on the premise that the labeling of our products was not complying to regulation No. R146 of 2010. The truck is still detained. |
|
|
Progress:
|
1. On 11 February 2020, ( 12:13hrs) South Africa Focal point advised that they were undertaking consultations with relevant authorities and will report back as soon as possible .
2. On 12 February 2020, the exporter advised that the truck had been released on condition that Port Health officials will collect samples for laboratory testing. However, when the truck arrives in South Africa, the company cannot distribute the consignment until samples are collected by the nearest Port Health Officials for lab tests. |
|
|
Products:
|
1905.31: Sweet biscuits |
|
|
NTB-000-936 |
2.6. Additional taxes and other charges |
2019-11-19 |
Zambia: Chirundu |
Zimbabwe |
In process |
View |
|
Complaint:
|
Sunny Yi Feng Tiles (Pvt) Ltd a Zimbabwean company with both SADC and COMESA certificates of origin. The company is being charged USD8.30 per box (VAT) in Zambian market which is a member of COMESA and SADC Free Trade Area, instead of the invoice price of USD3.80 per box (VAT). In addition the company is being charged 5% surtax at the Zambian Border. This problem is being faced only with the Zambian market |
|
|
Progress:
|
1. On 21 January 2020, Zimbabwe Focal point sent a request to their counterpart in Zambia to follow up on the issue . A response is being awaited from Zambia .
2.During the Zambia NMC verification mission to Chirundu held on 11-12 June 2020, ZRA advised that the surtax is Customs Valuation matter and hence a tariff matter and not an NTB. With regard to the problem of customs the uplifting values for duty purposes and disregarding the invoice value , the client is advised to appeal to department of International and Policy to have the valuation matter reviewed and possibly resolved
3. During the 1st meeting of the COMESA Regional Forum on NTBs which was held on 16- 17 March 2021 Zambia reported that the NTB is a tax policy issue and internal consultations with relevant authorities were in progress and they will provide feed back by July 2021.
4. In September 2022, Zambia Focal Point reported that Surtax on imported tiles was a tax policy issue that was presented to the Ministry of Finance for resolution. On the issue of uplifts on the declared values of the imported tiles, the Zambian law provides a channel for aggrieved clients to appeal.
5. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023agreed that the two countries to hold a bilateral meeting to consider the matter by 31st October 2023.
6. During the NTBs workshop 17th – 19th April 2024, NFPs for the two countries agreed to hold a virtual bilateral meeting in April to discuss the additional taxes. |
|
|
Products:
|
6904: Ceramic building bricks, flooring blocks, support or filler tiles and the like. |
|
|
NTB-000-906 |
2.13. Issues related to Pre-Shipment Inspections |
2019-04-05 |
Uganda: Uganda Weight and Measures Authority |
Tanzania |
In process |
View |
|
Complaint:
|
Uganda does not recognize the Calibration Certificate issued by the Weight and Measures Agent (WMA) for oil tank from URT: Republic of Uganda does not accept the Calibration Certificate of tanks from URT. As a result, our traders are forced to undergo recalibration by Ugandan counterpart Authority (Uganda Bureau of Standards) at a charge odd USD 230. This increases the cost of doing business. The trader paid Uganda shillings 2,655,600. It was stated that the certificate from URT is valid for the period of one year. |
|
|
Progress:
|
1. During the Sectoral Committee on Trade Uganda reported that it will consult and report back during SCTIFI of May 2019.
2.During the Regional Monitoring Committee held on 15th October, 2019, Uganda reported that the NTB was discussed in the EAC Standards Committee and it was recommended that a technical committee should be established to harmonise the the calibration procedures for the tankers and also the fees payable to the service provided. Uganda will report on the progress during the next Regional Monitoring Committee Meeting. Nevertheless, Tanzania is concerned about the charge and requested Uganda to consider and waive it.
3. As per Regional Committee Meeting held on 15th October, 2019, it was agreed that Uganda would provide progress made during SCTIFI meeting to be held in November, 2019, In addition Tanzania requests Uganda to recognize calibration certificate issued by Weights and Measures (WMA) as per SQMT Act, 2006. And also to consider and waive charges / fees.
4. During the RMC meeting held on 10 August 2020, Uganda reported that the law in Uganda requires a verification in Uganda. There is no EAC harmonized regulation in that area and unfortunately, UNBS registers over 95% failure rate on verification of such tankers.This matter was already raised at EAMET and resolved to constitute a technical team from all the member states to review procedures in place. This was not done and URT did not participate in subsequent meetings where action was to be determined. The fees rules provide the scheme for applicable fees. Regarding the payment of the trader paid Uganda shillings 2,655,600, there may be need to substantiate and investigate.
5.The SCTIFI meeting held in September 2020 agreed that the concerned calibration institutions undertake a peer assessment to establish discrepancies and report to the Secretariat by February, 2021.
6.The 24th EAMET meeting held from 29th to 30th September 2020 reported that Peer Review of Road Tanker Calibration/Verification and Visits to the Partner States not yet undertaken due to lack of funds to undertake the activity. EAMET rescheduled the activity for January 2021 and recommended EASC to request the EAC secretariat to mobilize funds for a committee of experts to undertake the activity.b The 23rd EASC Meeting held from 7th to 8th October 2020 directed EAC Secretariat to:
-lobby for funds in collaboration with the Partner States towards the implementation of the EAMET work plan especially training on calibration/verification of tankers and peer assessment considering related NTBs; and
-fully engage weight and measure the institution of the United Republic of Tanzania to participate in EASC activities.
7. The Tanzania NMC meeting that was held in April 2021 noted that this NTB has been outstanding for a long time because the two Partner States are yet to meet and recommended that the EAC Secretariat coordinates the two Partner States to meet and undertake a peer assessment.
8.The RMC meeting held in May 2021 noted that the issues were discussed by the metrology Subcommittee (EAMET) and the 23rd EASC Directed the EAC Secretariat to engage Weights and Measure Tanzania on their participation in the subcommittee activities and coordinate the peer assessment to resolve the differences.
EAC Secretariat on 31st March 2021, held a meeting with Weights and Measures Tanzania on the participation in EAC Metrology activities. Peer assessment planned and to be undertaken by 30th June, 2021.
9.The Secretariat has convened peer assessment meetings scheduled as follows:
(i) 26th to 29th October 2021: peer assessment in Tanzania.
(ii) 3rd-6th Nov 2021: peer assessment in Uganda
10. On 14 June 2022, the EAC Secretariat reported that:
Peer assessment was conducted in October and November agreed to harmonize the calibration certificates. The NTB will be addressed when the two Partner States harmonize and implement the harmonized administrative procedures on road tankers as recommended by the EAMET Report of April 2022.
11.As recommended by the EAMET Report of April 2022. The meeting urged the Republic of Uganda to consider mutual recognition of the calibration certificate as the two Partner States await the harmonization. At the Trade Committee, the meeting was informed that Peer assessment was done, gaps identified and action plan for implementation agreed and approved by Standards Committee The meeting urged the EACS to Fast track the harmonization of administrative procedures to resolve the matter. During the 41st SCTIFI the Secretariat informed the meeting that it had convened a meeting in February 2023 to harmonize calibration procedures for road tankers.
12. The 34th RMC noted that another meeting had been convened to take place in Dar Es Salaam in June 2023
13.The 43rd Sectoral Council on Trade Industry Finance and Investment directed the Secretariat to prioritize the harmonization of calibration services for the road tankers in the Region in the financial year 2024/2025 (EAC / SCTIFI / 43 / 2024 / Directive 41 )
14.The Report of experts meeting and Roadmap for the development of EAC Harmonized Procedure for verification / calibration of road tankers were considered and approved by the 26th Meeting of East African Standards Committee (EASC) held in Arusha, from 8th to 10th May 2024. The 1st experts meeting to harmonise the procedure will be held in August, 2024 in Dar Es Salaam |
|
|
NTB-000-830 |
8.2. Administrative (Border Operating Hours, delays at border posts, etc.) |
2018-07-16 |
Botswana: Martins Drift |
Zambia |
In process |
View |
|
Complaint:
|
A Zambian Registered Tanker carrying sulphuric acid from South Africa was weighed at the Martins Drift weighbridge with the following axle masses: Steer axle - 5200 kg (legal limit 8000 kg); Drive axles - 18200 kg (legal limit 18000 kg); Trailing axles - 22800 kg (legal limit 24000 kg). Tolerance is 5% on an axle set or on GVM, in this case it would be 900 kg on the driving axle set. The weigh bridge official instructed the Driver to Park telling him that his driving axle was overloaded without the application of the 5% tolerance. It is observed that only at this weigh bridge there is no application of the 5% tolerance. In the spirit of harmonization South Africa, Zambia and Botswana the legal limits are the same with a 5% tolerance except at Martins Drift weighbridge. Kindly assist to resolve this issue at Martins Drift which is causing unnecessary loss of transit time and charges. Please note that this is not a one off incidence. |
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|
Progress:
|
1. The Meeting of NTB-Market Access Task Force 18-20 March 2020 reported that SADC has set up a Task Force to look into this matter among other NTBs.
2. On 22nd June 2020, Botswana Focal Point reported that they have contacted the relevant institution and they stated that they are still investigating on the matter and will give their feedback sometime during week 30 June - 4 July 2020 |
|
|
NTB-000-823 |
2.6. Additional taxes and other charges |
2018-06-01 |
Botswana: BURS |
South Africa |
In process |
View |
|
Complaint:
|
Botswana government is imposing daily double tax on imported alcohol beverages to Botswana. The motivation for imposing the excise and not imposing on local manufacturers is that local manufacturers create jobs and have manufacturing plant in the country. It is the Wine Industry submission that wine as a commodity cannot be manufactured in Botswana due to the weather conditions.
SA Wine Companies, pay excise in South Africa and do not expect to pay another excise in Botswana for the very same products. We appeal for the repeal of the Regulations to allow both local and importers to be treated the same. Locals have more competitive edge compared to importers. Furthermore, the methodology as per Regulations is different from what is practically implemented. Enclosed self explanatory email clarifying the differences. Botswana is in breach of the WTO GATT Agreement, Article 34 |
|
|
NTB-000-820 |
4. Sanitary & phyto-sanitary (SPS) measures
A12: Geographical restrictions on eligibility
Policy/Regulatory |
2010-12-01 |
Zambia: Ministry of Agriculture and Livestock |
Kenya |
In process |
View |
|
Complaint:
|
Brookside Dairy Ltd of Kenya, exports of UHT milk are denied entry into Zambia for reasons that, an inspection audit of the source of milk, export facility, milk product and relevant standards in use in Kenya by the Zambian authorities raised sanitary concerns pointing out that Zambia cannot accept milk products from the raw milk that did not meet the Zambian milk standard. The Zambian standard on raw milk for use in production of milk products is a maximum of 200,000 colon forming units (cfu) whereas Kenya legislation allows for a maximum of 2, 000,000 cfu in raw milk used in making UHT milk, which is above the 200,000 cfu allowed in Zambia. Kenya applies the EAC graded standards which allow for a maximum of 2,000,000 cfu and a minimum of 200,000 cfu and below for raw milk. |
|
|
Progress:
|
1. Various bilateral meetings and technical audits have been undertaken between the two countries in an attempt to resolve the NTB. The thirty-Third Meeting of the COMESA Trade and Customs Committee held on 15-17 September 2017 recommended that :
i) COMESA should harmonize SPS measures through implementation of the COMESA Green Pass (CGP) to facilitate trade in agricultural products.
ii) Member States should adhere to the NTB resolution time frames set out in the COMESA Regulations on Elimination of NTBs to ensure timely resolution of NTBs and enhance intra-regional trade.
2. In August 2019 Zambia Focal point reported that Zambia and Kenya held a bilateral meeting during the 5th TFTA focal points meeting held in Nairobi in August, 2019 during which Zambia proposed to have the complaint removed from the online platform in view of the fact that the issue was now in the hands of COMESA Secretariat who are expected to facilitate the harmonisation of the SPS standards. However, Kenya was still of the view that the complaint be maintained on the platform. Zambia therefore sought the guidance of COMESA Secretariat whether it is in order to maintain an issue which has been determined to be a legitimate SPS requirement following a recommendation for COMESA Secretariat to facilitate the harmonization SPS standards.
3. On 30 July 2021, COMESA NTB Unit requested Kenya to provide progress on the request to furnish Zambia with testing methods as agreed during the 1st meeting of the COMESA NTB Forum in March, 2021.
4. The 3rd meeting of the COMESA Regional NTBs Forum held on 20- 22 September 2023 thatBoth countries to undertake verification missions between 27th – 30th November 2023. The Secretariat will provide support to Member States to undertake the activity
5. During the NTBs workshop, 17 – 19 April 2024 in Nairobi both countries agreed on the bilateral meeting for market access to increase trade between the two countries rather than focusing on this product. |
|
|
NTB-000-818 |
3. Technical barriers to trade (TBT)
B42: TBT regulations on transport and storage |
2018-05-17 |
Botswana: Ministry of Transport |
South Africa |
In process |
View |
|
Complaint:
|
Failure to implement Article 5.8 (6.2 Road Traffic Policy) leading to variable treatment of the transport of High Cube containers with height exceeding 4.3 metres.
The transport of High Cube Containers, on “standard” deck height (1.5 metres) vehicles and trailers results in overall height of approximately 4.5 metres.
Botswana: Imposes requirement for abnormal load permits for each load.
South Africa threatens to repeal moratorium on prosecution from 1 Jan 2019
Other countries ignoring “illegal” height, but “illegality” leaves insurance threats to operators.
Zambia (4.8), Zimbabwe 4.65), Malawi (4.6); Tanzania (4.6) have increased legal height to at least 4.6 metres.
Uncertainty in region is causing growing concerns regarding viability of international transport routes amid fears of further enforcement costs and barriers. |
|
|
Progress:
|
The Meeting of NTB-Market Access Task Force 18-20 March 2020 in Gaborone reported that MCBRTA standards agreed at the TSMCI of 31 October 2029 maximum vehicle height of 4.6m which will resolve this NTBs if South Africa complies with this standard. |
|
|
NTB-000-803 |
2.6. Additional taxes and other charges |
2018-02-28 |
Tanzania: Importation into Tanzania |
Malawi |
In process |
View |
|
Complaint:
|
CORI Ltd visited Tanzania last year to look for export markets for cooking oil in Tanzania. CORI was informed that the government in Tanzania does not promote/support importation and that Tanzania has a 15% surcharge on the importation of cooking oil. |
|
|
Progress:
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1. The SADC Secretariat is advising the Malawi should provide additional information to assist resolve the NTB. Malawi was therefore requested to provide information on the origin of the goods or where it is manufactured and any other relevant information .
2. On 23rd June 2020, Malawi Focal point responded that the cooking oil is wholly produced in Malawi and therefore meets the SADC rule of origin for exportation into Tanzania . |
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NTB-000-781 |
2.6. Additional taxes and other charges |
2015-11-19 |
Mozambique: Delegação Aduaneira de Goba (Road) |
Eswatini |
In process |
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Complaint:
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An import surcharge is applie to all imported sugar (i.e. SADC and non-SADC) ased on the difference between Dollar-based reference price (DBRP) and the world marker price quoted on the New York #11 and London no.5 commodity exchanges for brown and white sugars respectively. The current DBRP is US$806 per tonne for brown sugar and US$932 per tonne for white sugar. |
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Progress:
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1. On 4th February 2020, Eswatini Focal Point expressed concern that there is no progress made in addressing this matter and therefore proposed that a bilateral meeting between the two member States be held either in Eswatini or Maputo so as to discuss and resolve this longstanding NTB. Eswatini suggests that the Secretariat facilitates the bilateral meeting and is therefore awaiting response from SADC NTB Focal points on way forward.
2. On 5th November 2017, Mozambique Focal Point updated that Mozambique is still working on the matter and a multisectorial team, which involves Revenue Authority (Customs and International Cooperation Directorate) and Ministry of Industry and Trade has been established to analyse the matter and the answer will be sent as soon as possible..
3. On 1st September 2017, Mozambique and Swaziland Focal Points reported that they are urgently following up with relevant authorities to assist the complainant . All efforts are being made to resolve the matter expeditiously. |
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NTB-000-769 |
2.3. Issues related to the rules of origin |
2017-05-05 |
Tanzania: Tanzania Revenue Authority |
Kenya |
In process |
View |
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Complaint:
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Despite Kenya Tobacco raw material being fully sourced in Kenya, the manufacturers are required to pay 80 per cent higher excise for cigarettes exports into Tanzania. Cigarettes manufactured in Kenya exported to Tanzania required to have a local 75% tobacco. |
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Progress:
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1. The Bilateral meeting that took place in January 2018 noted that Kenya and Tanzania need to harmonize their domestic taxes and local content policies and request the EAC Secretariat to fast track the process of harmonization in all partner states.The meeting also agreed that the two Partner States should take cognizance of the national treatment provision under Article 15 of Custom Union Protocol not to impose directly or indirectly internal taxation on goods from other partner states in excess of that imposed on similar domestic goods.
2.During the Bilateral Meting held from 23- 27 April 2019, both parties reiterated their 2018 commitments to champion harmonization of their domestic taxes and local content policies and therefore request the EAC Secretariat to fast track the process of harmonization. In this regard, United Republic of Tanzania maintained that, both parties should implement the 2018 bilateral agreement on harmonization of their domestic taxes and local content policies. Kenya, however, maintained that this is a trade restrictive matter and should be resolved at the Community level in accordance to Article 15(2) of the EAC Customs Union Protocol. The bilateral Meeting therefore agreed to escalate this matter to the Council of Ministers.
3.Status as at 13th September, 2019:
United Republic of Tanzania maintained that, both parties should implement the 2018 bilateral agreement on harmonization of their domestic taxes and local content policies. Kenya, however, maintained that this is a trade restrictive matter and should be resolved at the Community level in accordance to Article 15(2) of the EAC Customs Union Protocol.Both Parties Kenya and Tanzania agreed to handle the matter under domestic tax harmonization. A similar case was filed at the EACJ between Uganda and BAT where a ruling was given that the excise duty charged on cigarettes was contradicting the Community Laws and was Directed to withdraw immediately.According to Article 39 of the Customs Union Protocol, The Customs Law of the Community shall consist of: … (c) Applicable decisions made by the Court.Also the EAC Treaty Article 38 (3) provides that: A Partner State or the Council shall take, without delay, the measures required to implement a judgment of the Court.
EAC Secretariat should communicate and circulate the court ruling Partner States.
URT will consult internally on the court ruling and report to the next SCTIFI meeting on how they will implement the ruling.
4. The Regional Monitoring Committee held on 14th October, 2019 agreed that Tanzania gives an update during SCTIFI in November, 2019.
5.During the NMC held on 13th - 14th March 2020 Tanzania reported that a meeting was held to consult on the Court Ruling by the EACJ.The meeting noted that:
i) The charges are not discriminatory as they apply as well to Tanzania manufacturers who do not meet the 75% local tobacco content.
ii) The issues in the BAT case are different from the issues raised in this NTB and Tanzania will submit an official position on the EACJ-BAT ruling during the next SCTIFI.
6.During the RMC meeting held on 1 September 2020, the Republic of Kenya requested that Tanzania implements the Court (EACJ) Ruling on BAT Vs the Republic of Uganda in tobacco.
7.During SCTIFI held in September 2020, Tanzania informed that the Ruling of the Uganda Vs BAT Case by the EACJ is different from the issues in this NTB. Tanzania further informed that the Domestic Law Harmonisation Policy was finalized and urged the EAC Secretariat to fast track the implementation of the Recommendations therefrom.
The Republic of Kenya recommended that the NTB be referred to the Ministerial Level for consideration.
The SCTIFI directed the EAC Partner States to implement the EACJ Ruling between Uganda and BAT and refrain from imposing discriminatory measures against the other Partner States, where applicable.
8. The Kenya NMC meeting that sat in March 2021 recommended that the EAC Secretariat clarifies on the similarities of the two cases on tobacco and submit to the SCTIFI for further consideration.
9.During the Tanzania NMC of April 2021, Tanzania noted that the issues in the BAT case are different from the issues raised in this NTB and will submit an official position on the EACJ-BAT ruling during the SCTIFI in May 2021.
10.The SCTIFI of May 2021, directed the EAC Secretariat to convene a meeting including legal experts to analyze the similarities and differences between the Ruling and the NTB. The meeting was convened and the analysis was done and resolved as follows:
Similarities
i) both cases are on tobacco
ii) both cases are based on excise duty
Differences
i) In the BAT case, the Republic of Uganda didn’t have a local content requirement in the Excise Duty Act whereas there is a local content requirement of 75% in the tobacco NTB (URT Excise Duty Act).
ii) In the BAT case, the Uganda Excise Duty Act was discriminatory in nature violating the Article 75 (6) of the Treaty and Articles 15 (1) (a) and (2) of the Customs Union Protocol as well as Article 6 (1) of the Common Market Protocol. Whereas Excise Duty rate applied by the United Republic of Tanzania on tobacco transfers from other Partner States is also applicable to domestic produced tobacco.
Way Forward
The two Partner States are undertaking bilateral engagements where the EAC Secretariat will also be invited to participate to resolve the issue. The bilateral meeting will take place on 30th October 2021 and the Republic of Kenya will initiate an invitation to the meeting.
11. Status as at 30 march 2022:
During the 6th Bilateral Meeting between Kenya and Tanzania the two parties agreed Kenya to convene a meeting to the find possibility to grant BAT a preferential market. Further, in the same meeting URT recalled its position that the matter is not a discrimination issue as other companies that do not meet the excise duty act requirement are subject to the same rules and the domestic taxes are not governed by EAC rules. In the 7th Bilateral meeting held on 9-12th March in Zanzibar, the parties agreed that Kenya (State Department for Trade and Enterprise Development) to convene the meeting of relevant stakeholders from both countries by 15th May 2022 to deliberate on the possibility of BAT being granted fair market access by URT.
12 . On 14 June 2022, the EAC secretariat reported that the bilateral meetings took place and agreed that a meeting of relevant stakeholders is convened in May 2022 by the Republic of Kenya to deliberate on the possibility of BAT being granted fair market treatment.
13.The Bilateral meeting is yet to be convened as Kenya Government was in a transitional period.
14. On 17th October 2023, EAC Secretariat reported that the Kenya NMC was informed that the Republic of Kenya sent a letter to the United Republic of Tanzania to request a bilateral meeting and was still waiting for Tanzania to respond.
15.At the Session of Senior Officials of the 43rd SCTIFI, the Republic of Kenya committed to convene a Bilateral meeting with the United Republic of Tanzania to finalize the issues related to NTB No.769 on Tobacco by April 2024.
16.The NTB was discussed at the bilateral meeting of March 2024 in Kisumu, Kenya, whereby both parties agreed to convene a stakeholder meeting to resolve the issue, which Kenya would host by 30th April 2024. |
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