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Presentation made during 8 th OFAB Meeting in Nairobi: 28 th June, 2007

HARMONIZATION OF SEED POLICIES AND REGULATIONS: Challenges and results By Obongo Nyachae E-mail: stak@kenyaweb.com. Presentation made during 8 th OFAB Meeting in Nairobi: 28 th June, 2007. OUTLINE. Introduction to harmonization Key areas identified Specific issues to be addressed

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Presentation made during 8 th OFAB Meeting in Nairobi: 28 th June, 2007

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  1. HARMONIZATION OF SEED POLICIES AND REGULATIONS: Challenges and resultsByObongo NyachaeE-mail: stak@kenyaweb.com Presentation made during 8th OFAB Meeting in Nairobi: 28th June, 2007

  2. OUTLINE • Introduction to harmonization • Key areas identified • Specific issues to be addressed • Implementation mechanism • Progress made • Results • Lessons learnt • Way forward

  3. INTRODUCTION TO HARMONIZATION • ASARECA undertook study on regional seed markets in late 1990’s • Study showed seed markets were too small to attract investment • Each country had different laws, policies, regulations and standards • Harmonization was key to addressing the identifies issues

  4. Introduction cont.. Key areas • Five key areas were identified to restrict seed movement in region: • Variety evaluation, release and registration process • Seed certification • Phytosanitary measures • Plant Variety Protection • Import/export documentation

  5. Introduction cont.. Process • National resource persons were hired to undertake country studies in 1999 • The country reports were discussed nationally • The outputs were discussed with national policy makers

  6. Introduction: Process cont.. • Regional consultations held, with input from national and external resource persons • Agreements were finally arrived at in June 2000 • These are summarized in ASARECA Monograph No. 4 of 2000

  7. MECHANISM OF IMPLEMENTATION • Seed Regional Working Group (S-RWG) established June 2001 • S-RWG transformed to Eastern Africa Seed Committee (EASCOM) from Nov 2004 to date to include policy makers

  8. COMPOSITION OF EASCOM • one representative from each ASARECA member as follows: • National Seed Trade Associations • National Certification Agencies • Ministries of Agric policy dept • Plant breeders assoc/NARI

  9. PROGRESS MADE • Variety evaluation and release process: • Has been greatly simplified (breeder undertakes evaluation to point of release, NCA validates tests in NPT; and release thro Policy Committee) • Testing period reduced from three years to two seasons

  10. 1. Results: Variety evaluation ... • Greater access to improved varieties by farmers • Regional Variety List for KE; UG; TZ: (April 2004) • More private sector participation in release process (Ref Regional Var List)

  11. Results: variety evaluation… The RVL showed 7 regional varieties • Maize 20 var • Wheat 4 var • Common Bean 2 var • Climbing Bean 2 var • Pigeon pea 2 var • Sorghum 2 var • Sunflower 1 var

  12. Results: Variety evaluation…

  13. 8.3 Results…more companies

  14. Seed production/import

  15. Progress made … • Certification standards • Have been made for 10 crops economically important in EAC • Standards based on OECD • Laboratory testing based on ISTA Rules • Have been included in Draft Seed Bill 2007 for Kenya

  16. Crops selected for harmonization • Maize – (Zea mays) • Sorghum, (Sorghum bicor) • Beans (Phaseolus vulgaris) • Groundnuts (Arachis hypogaea ), • Soybeans, (Glycine max),

  17. Crops selected … • Wheat (Triticum aestivum L • Potato (Solanum tuberosum), • Rice (Oryza sativa), • Sunflower (Helianthus annus) • Cassava (Manihot esculenta Crantz).

  18. 2. Results of certification • Greatly improved working relationship between regulators and seed Cos • Joint certification exercises between KE; UG; TZ and RW to build confidence and capacity on the ground undertaken 2005/06 • UG has acceded to OECD as KE, • TZ has applied for membership

  19. Progress … • Phytosanitary; import/export • Quarantine Pests were reduced from 33 to 3 • Q-Lists have been revised for KE, UG; TZ & RW and are under validation by National Plant Protection Organizations

  20. Quarantine Pest List of EAC

  21. Q-List cont..

  22. Results of phytosanitary • Time taken to process seed import/export documentation has been reduced, lowering the cost of doing cross border trade • Customs Union Treaty has eased import/export procedures generally

  23. Progress.. • Plant Variety Protection The region agreed to develop a sui generis system of PVP based on UPOV 1991 Convention

  24. PVP cont.. • A study of PVP systems in Kenya, Uganda, Tanzania and Rwanda commissioned by EASCOM under ASARECA in 2006 clearly showed the following:

  25. PVP study … • Kenya has an operational PVP compliant with UPOV 1978 Convention • 840 applications had been received by Kephis by 2006, and 239 grants had been awarded, mainly for flowers

  26. PVP System in Kenya cont.. • KARI has established a system of licensing which is competitively open to seed companies • The biggest beneficiaries of PBR’s in Kenya are external breeders • (An EU study of PVP systems in selected countries also showed that external breeders were the key beneficiaries of PVP)

  27. PVP IN TANZANIA • TZ has enacted a Plant Breeder’s Rights Act of 2002 largely compliant with UPOV 1991 • The Act became operational in 2004, while PBR Office was set up in 2005. • 17 applications received by Feb 2007 • Two (2) grants have been awarded and three (3) are awaiting gazettement

  28. PVP IN UGANDA • Uganda has a draft PVP Bill (2002), which provides for farmer’s rights based on CBD • Discussions are at advanced stage to remove the requirement for farmer’s rights and place these rights under CBD

  29. PVP IN RWANDA • Only a Technical agreement was developed in 2002 based on UPOV 1991 convention • Rwanda Agric Development Agency (RADA) has been established in 2006 to spearhead seed reforms

  30. PVP SYSTEMS IN REST OF AFRICA • Breeding is dominated by public sector • Concept of PVP is considered alien , intended to deny farmers access • 16 countries of OAPI have joined UPOV 1991 since January 2006 • SADC is currently developing a UPOV-like system of PVP for all its members

  31. PVP in rest of Africa cont.. • PVP is operational in 6 African countries : • Kenya South Africa • Egypt Tanzania • Zimbabwe Tunisia

  32. HARMONIZATION IN REST OF AFRICA • Ongoing in 2nd & 3rd Phase ASARECA countries • On-going in SADC • Ongoing in West Africa • Coordination by AFSTA

  33. WAY FORWARD • Considerable progress has been made in harmonizing and rationalizing seed laws, policies and regulations • Efforts by governments to develop policies, legal & institutional frameworks to support seed reforms need to be supported • Private/public sector partnerships are critical to achieve desired reforms

  34. REFERENCES • REFERENCES • AFSTA Congress Report: Livingstone, Zambia, 2006 • ASARECA Monograph No.4, 2000 • CABI database, 2004; 2005 • EASCOM Annual General Meetings: Proceedings of 2004; 2005; 2006 • EASCOM Report of PVP Systems in EAC and Rwanda, 2006 • Kephis Annual Reports: 2000 – 2005 • OECD Field Schemes, 2000 • Seeds and Plant Varieties Act Cap 326, 1972

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