Non-Tariff Barriers

Complaint

Complaint number

NTB-001-037  

NTB Type

1.7. Discriminatory or flawed government procurement policies  

Complaint

Tanzania Ministry of Livestock and Fisheries letter reference number CA.21/206/01/257 dated 13th October 2021 and an earlier letter ref: NC.2000/247/01/68 dated 10th October, 2018. The letter ban Turkey meat and its products from Kenya on the basis that there’s a bird flu in the world. In addition, the letter encourages Tanzanians to source chicks from Kenya for eggs or meat as well as sourcing meat in United Republic of Tanzania (URT) and not from the local EAC market.

Kenya has neither reported nor experienced the Bird Flu infection that URT is referring to. Further, URT is interested with Kenya’s live chicks and not processed meat. This clearly demonstrate that URT is outrightly denying market access for Kenya turkey meat on unsubstantiated blanket claim of prescence of Bird Flu in the world.

URT has been declining approval of permit for Kenya exporters of Turkey meat since 2018 by delaying and declining approval of permit despite payment of various required discriminative fees of Livestock Board, Atomic Energy among others. This has become a revenue collection for URT which has negatively affected Kenya Manufacturers who have been a major exporter of these highly demanded turkey meat in URT.

This violates the EAC Treaty Article 75(6) and Article 15 of the EAC Common Market Protocol on the establishment of the East African Community Customs Union where Partner States undertook to refrain from enacting legislation or applying administrative measures which directly or indirectly discriminate against the same or like products of other Partner States. This is to create a level playing field and avoid any discrimination on treatment of community’s manufactured products within the region.
 

Status note

During SCTIFI that took place in May, 2022, the two parties agreed that the competent authorities in the two countries would resolve the issue administratively and report in the next bilateral meeting on 26th May 2022. Hence the matter was removed from the Time Bound Programme.  

Progress update note

1 . Status as at 30 March 2022
During the 7th Bilateral Meeting held on 9th - 12th March 2022 in Zanzibar, Tanzania. In their deliberations, Kenya emphasized the need to undertake risk assessment before imposition of the ban. Further, notification was not done as required by WTO SPS agreement. Kenya in addition urged URT to lift the ban since there is no reported outbreak of HPAI in Kenya. URT attributed this ban to the high prevalence of HPAI around the globe and the OIE alert. URT considers the issue not to be an NTB. The two parties agreed that the competent authorities in the two countries to resolve the issue administratively and report in the next meeting  

Policy or regulatory NTB

No 

Location

Tanzania: TZ MINISTRY OF LIVESTOCK AND FISHERIES (Government institution)  

Reporting Country or Region

Kenya  

Country specific trade issue

No  

Date of incident

2018-03-01  

Status

Resolved  

Date of resolution

2022-11-03  

Product Description

Turkey Meat

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

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Total value

0  

Date reported

2021-11-01 21:29  

Modified

2022-11-04 03:51