- Complaint number
- NTB Type
2.3. Issues related to the rules of origin
- NTM Code
- A11: Temporary geographic prohibitions for SPS reasons
Zambia Revenue Authority does not recognize origin of milk produced in Kenya
- Progress update note
1. During the 2nd meeting of the COMESA Heads of Customs sub committee held from 19-20 June 2015 in Nairobi, COMESA secretariat reported that a bilateral meeting was held on 28-30 April 2015 at which the two countries agreed to share information and that an expert on milk be invited to another meeting scheduled for July 2015.
At the sub committee meeting, Zambia reported that the issue was being handled by the ministries of Agriculture and Commerce , Trade and Industry who were not attending the Heads of customs meeting and therefore could not provide progress report. Kenya reported that the country was keen to resolve the matter and made a plea to Zambia expedite sharing of required information to facilitate the process; including risk assessment report s the standard on milk. The meeting noted that Kenya was to send Zambia a report demonstrating that its milk products meet the health requirements in Zambia.
Meanwhile, the secretariat was working with FAO to resolve the matter.
2. On 16th July 2013, Kenya Focal point requested that the COMESA Secretariat intervene and organize for a meeting where they will act as an arbitrator in helping the two Member states resolve the NTBs.
3. 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, the two countries confrimed that Kenya undertook to Zambia from 29 October to 2 November 2012 and that the report of the meeting was ready. Zambia reported that Ministry of Trade was consulting with Ministry of Agriculture on the dates which will communicated to Kenya to discuss the report. Zambia was to indicate specific timelines in order to expedite the matter.
4. Zambia and Kenya bilaterally engaged at the NTBs focal points meeting held in Nairobi on19- 21 August 2019 where Zambia proposed that the issue be removed from the platform as the issue was now with COMESA to harmonize the SPS requirements as per laid down procedure. However, Kenya maintains that the issue should still remain platform as it is an NTB that has denied market access for processed milk their producers.
Kenya reported that the restriction is on processed milk not raw milk therefore Zambia should reconsider its position to deny market access .
In view of the divergent position by both countries Zambia is seeking COMESA's guidance on this issue that, in their view , arose as a result of lack of harmonization of SPS requirements.
5. Kenya responded that this NTB concerned processed milk and not raw milk. Therefore issue should be considered resolved only when the said product from Kenya is accessing the market.
- Policy or regulatory NTB
Zambia: Zambia Revenue Authority (Government institution)
- Reporting Country or Region
- Date of incident
- Product Description
- Total value
- Date reported