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Realising the SQMT Act Objectives

Overtime the EAC has developed a number of instruments towards the realization of the objectives of the SQMT Act, 2006 and some of the achievements include the following;

  1. Development and implementation of the EAC Principles and Procedures for the Development and Harmonization of EAC Standards.
    The procedures are intended to ensure that;
    1. EAC Standards harmonization process is consistent with the international best practices as defined in the WTO TBT Agreement and the WTO Code of Good Practice for the development and harmonization of Standards.
    2. the process for the development and harmonization of EAC standards is cost-effective and timely, to allow for wide adoption and application of the harmonized standards to enhance intra EAC trade.

Procedures that were first established in 2005 have been undergoing periodic reviews to address implementation challenges with the current 4th Edition approved in 2022.

  1. Harmonized 1878 EAC standards as of July 2022 to facilitate intra-EAC, regional and international trade in a number of sectors. Forty (40) more harmonized standards declared by the EAC Sectoral Council on Trade, Industry, Finance and Investment (SCTIFI) in December 2022 due for gazettement in February 2023 so as to facilitate Partner States adoption.

  2. Registered rise in Partner States adoption of harmonized standards from 45% in 2018 to above 87% in 2022 by all the Partners States following monitoring and validation missions in 2018 and 2022 leading to reduced standards related NTBs;

  3. Published Catalogue of Harmonized EAC Standards (2022) on the EAC web portal to enhance access and publicity of the harmonized standards;

  4. Development and implementation of the 5 Year SQMT Strategic Plan 2018 – 2023 that lays out broad strategies to harmonize standards, measurement systems, accreditation and conformity assessment regimes to reduce Non-Tariff Barriers (NTBs) related to standards and increase trade across and beyond the borders of EAC Partner States. The strategic plan is currently undergoing a review process;

  5. Development and implementation of a Regional Standardization Plan (RSP) 2020 - 2023 whose objective is to ensure standards harmonised have a positive impact socially and economically; the 2020 – 2023 plan has undergone review and a new  Regional Standardization Plan 2023 – 2026  is awaiting approval by the East African Standards Committee (EASC);

  6. The EAC SQMT Act, 2006 repealed to clearly separate for effective intervention, issues related to Standardisation, Accreditation and conformity Assessment (SACA) Bill and Metrology Bill.

    The Standardisation, Accreditation and conformity Assessment (SACA) Bill was approved by the Council of Ministers to proceed to the East African legislative Assembly (EALA) for enactment to among others;
    • streamline and rationalise standardisation and conformity assessment principles in the Community with the international best practices as defined in the WTO TBT Agreement.
    • facilitate trade by providing inter alia, a clear mechanism for dealing with cross-cutting SPS/TBT matters based on the principles of harmonisation, equivalence and mutual recognition
    • provide a conducive environment for fair trade, protection of   consumer health, safety and environment,
    • strike a balance between the expectations of the business community and the regulatory authorities.

The Metrology Bill was equally approved to proceed to EALA for enactment to among others provide for the harmonization of measurement systems in respect of the International System of Units (SI); and make provision for the coordination of the administration of measurements used in science, industry, trade, health, safety, environment and law enforcement; and to provide for related matters.

  1. Established and operationalised Technical Subcommittees to undertake specific SQMT activities and to facilitate coordination in their implementation by the EASC and SQMT Office.

EAC SQMT Act, 2006

The EAC SQMT Act, 2006 makes a provision for ensuring standardisation, quality assurance, metrology and testing of products produced or traded in the Community in order to facilitate industrial development and trade; to make provision for ensuring the protection of the health and safety of society and the environment in the Community; to establish the East African Standards Committee and the East African Accreditation Board; and to provide for related matters.

Specifically, the Act aims to:

  1. protect and improve the health and safety of consumers and the public in general;

  2. protect the environment and reduce waste;

  3. enhance consumer confidence and limit consumer exploitation by increasing the number of products and processes that conform to established standards;

  4. enhance the quality, reliability and reputation of products produced or traded in the Community;

  5. harmonise national and East African standards with international standards to reduce costs, enhance compliance and develop trade opportunities;

  6. increase opportunities for companies within the Community to participate in international technology transfer through standardization, quality assurance, metrology and testing programmes; and

  7. facilitate regional and international trade.

In addition to the Customs law of the Community, Article 6 of the EAC Common Market Protocol (CMP) recognizes the SQMT Act as one of the legal instruments that governs the free movement of goods in the region making its effective implementation critical for the realization of the Common Market Protocol.

 

Provisions of the SQMT Act, 2006

The Act provides for the establishment of structures for implementation of SQMT activities:


a.  East African Standards Committee (EASC)

The East African Standards Committee (EASC) is a Statutory committee with a mandate to coordinate the development and implementation of the SQMT activities in the EAC region with a view to reduce and eliminate NTBs and facilitate free movement of goods and services by ensuring that these activities are undertaken in line with the internationally recognized best practices.

Composition and specific mandate of the EASC is clearly defined in SQMT Act 2006.

The Committee has established technical subcommittees as provided in the Act for the fulfillment of its activities:

  1. Standards Management Committee (SMC);

  2. Quality Assurance Technical Subcommittee (QATSC);

  3. Metrology Technical Subcommittee (EAMET);

  4. Testing Technical Subcommittee (TTSC);

  5. Codex Forum; and

  6. TBT Forum.

Each technical subcommittee is established under defined Terms of Reference (ToR)and is constituted by both the Public and Private sector.

Workplans for the technical subcommittees are approved on the annual basis for implementation. The EASC monitors implementation of the technical committee workplans and any policy decisions recommended to the Sectoral Council on Trade, Industry, Finance and investment (SCTIFI).


b.  East African Accreditation Board (EAAB)

The East African Accreditation Board (EAAB) is another Statutory committee established under the SQMT Act 2006 with a mandate to

  1. facilitate cooperation and coordinate accreditation activities to avoid duplication of functions of the national accreditation bodies and national focal points;

  2. facilitate accreditation of conformity assessment service providers within the Partner States; and

  3. promote the acceptability of test, certification and inspection results from accredited organizations within the Community.

c.  Liaison Office

Clause 5(1) of the EAC SQMT Act establishes a Liaison Office designated under the EAC structure; the SQMT Department to provide administrative support to the committee and among others coordinate, monitor and provide technical support to all EASC Subcommittees in implementing their approved workplans including undertaking activities in accordance with the international best practices in addition to lobbying and representing EAC interests in regional and international fora.

 

Other Key Provisions within the SQMT Act 2006

The Act further defines requirements and provides guidance for;

  1. Development and harmonization of procedures for SQMT activities related to standards harmonization, conformity assessment and measurement systems;

  2. Adoption of harmonized standards by the partner States;

  3. Enforcement of compulsory standards;

  4. Declaration and acceptance of certification marks;

  5. Approximation and alignment of laws and regulations;

  6. the roles of the NSBs in regard to the SQMT activities and

  7. Development of regulations and frameworks to facilitate implementation of SQMT activities.

Standardisation, Quality Assurance, Metrology and Testing (SQMT)

Standards lower barriers to trade, allowing businesses to access a global customer base, offering opportunities for economies of scale and reducing production costs. Compatibility standards promote opportunities for firms to outsource and off-shore certain tasks, promoting efficiency and business optimization.

Global trade depends on standards, quality assurance, metrology and testing to establish confidence between customers and suppliers. Global trade is open to all and in order to take part effectively in today’s global economy, standards, quality assurance, metrology and testing activities are essential to improve productivity and ensure social and economic development.

The EAC Partner States are cognisant of the significance of standardisation, quality assurance, metrology and testing in the enhancement of the standard of living, reduction of unnecessary variety of products, the facilitation of interchangeability of products, the promotion of trade and investment, consumer protection, the enhancement of savings in public and private purchasing, improved productivity, the facilitation of information exchange, the promotion of health as well as the protection of life, property, and the environment in realising sustainable socio-economic development in the region.

In his regard, Article 81 of the Treaty for the Establishment of the EAC provides for cooperation in Standardisation, Quality Assurance, Metrology and Testing (SQMT) for the goods and services produced and traded in the Community.

The EAC SQMT Protocol, 2001 was negotiated to provide the Principles for Cooperation in the application of a common policy for the standardisation, quality assurance, metrology and testing of goods and services produced and traded in the region.

The EAC SQMT Act, 2006 provides a framework for cooperation in Standardisation, Quality Assurance, Metrology and Testing in the EAC region. The Act makes provision for ensuring standardisation, quality assurance, metrology and testing of products produced or traded in the Community in order to facilitate industrial development and trade; to make provision for ensuring the protection of the health and safety of society and the environment in the Community; to establish the East African Standards Committee and the East African Accreditation Board; and to provide for related matters.


East African Community
EAC Close
Afrika Mashariki Road
P.O. Box 1096
Arusha
United Republic of Tanzania

Tel: +255 (0)27 216 2100
Fax: +255 (0)27 216 2190
Email: eac@eachq.org