HARMONIZATION OF SEED POLICIES AND REGULATIONS: Challenges and results By Obongo Nyachae Email: stak

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HARMONIZATION OF SEED POLICIES AND REGULATIONS
Challenges and resultsByObongo NyachaeE-mail
stak_at_kenyaweb.com

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

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OUTLINE

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

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INTRODUCTION TO HARMONIZATION

• ASARECA undertook study on regional seed markets
  in late 1990s
• 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

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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

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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

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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

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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

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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

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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

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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)

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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

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Results Variety evaluation
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8.3 Resultsmore companies
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Seed production/import
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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

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Crops selected for harmonization

• Maize (Zea mays)
• Sorghum, (Sorghum bicor)
• Beans (Phaseolus vulgaris)
• Groundnuts (Arachis hypogaea ),
• Soybeans, (Glycine max),

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Crops selected

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

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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

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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

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Quarantine Pest List of EAC
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Q-List cont..
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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

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Progress..

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

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PVP cont..

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

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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

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PVP System in Kenya cont..

• KARI has established a system of licensing which
  is competitively open to seed companies
• The biggest beneficiaries of PBRs 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)

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PVP IN TANZANIA

• TZ has enacted a Plant Breeders 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

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PVP IN UGANDA

• Uganda has a draft PVP Bill (2002), which
  provides for farmers rights based on CBD
• Discussions are at advanced stage to remove the
  requirement for farmers rights and place these
  rights under CBD

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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

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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

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PVP in rest of Africa cont..

• PVP is operational in 6 African countries
• Kenya South Africa
• Egypt Tanzania
• Zimbabwe Tunisia

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HARMONIZATION IN REST OF AFRICA

• Ongoing in 2nd 3rd Phase ASARECA countries
• On-going in SADC
• Ongoing in West Africa
• Coordination by AFSTA

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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

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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