11

HARMONIZATION OF HARMONIZATION OF SEED POLICIES AND SEED POLICIES AND

REGULATIONS: REGULATIONS: Challenges and resultsChallenges and results

ByByObongo NyachaeObongo Nyachae

E-mail: E-mail: stak@kenyaweb.comstak@kenyaweb.comPresentation made during 8Presentation made during 8thth OFAB OFAB Meeting in Nairobi: 28Meeting in Nairobi: 28thth June, 2007 June, 2007

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OUTLINEOUTLINE

• 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 INTRODUCTION TO HARMONIZATIONHARMONIZATION

• 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

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Introduction cont.. Introduction cont.. Key areasKey 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.. Introduction cont.. ProcessProcess

• 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: Introduction: ProcessProcess cont.. 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 MECHANISM OF IMPLEMENTATIONIMPLEMENTATION

• 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 EASCOMCOMPOSITION 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 MADEPROGRESS MADE

1. 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 ...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…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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Year No Var Breeder (Kenya)

1981-9 7 KARI/KSC

1995 -1999

9 KSC – 7 Pannar 1

Pioneer 1

2000 9 KARI – 2 KSC 4

Monsanto – 1 Pannar 1

2001 12 KSC - 5 KARI 3

Pannar – 3 OCD 1

2002 12 KSC – 4 KARI 3

WSC – 3 Pioneer 1 Lagrotech 1

2003 21 WSC – 8; KSC 6; Pann 2 Mon 2; Pioneer/Lagro/Seedco =1 each

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Results: Variety evaluation…Results: Variety evaluation…

Year No varieties

Breeder (Kenya)

2005 6 KARI = 2; Private = 42006 12 KARI/CIMMYT = 1

Private = 112007 9 KESREF = 4

Sugarcane

KSC = 3; KARI = 1; WSC = 1

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8.3 Results…more companies8.3 Results…more companies

Kenya Uganda Tanzania

1995 – 17 2000 – 5 2000 – 13

2001 – 38 2001 – 3 2001 – 142002 – 41 2002 – 9 2002 – 16

2003 – 41

2006 – 58

Stak 1982

2003 – 10

2005 – 11

Usta 1999 revamp 02

2003 - 16

2005 – 17

Tasta 2002

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Seed production/importSeed production/import98/99 99/00 00/01 01/02 02/03 03/04 04/05 05/06

Area planted (ha)

15,051 15,183 18,145 17,395

7,437 9,695 11,94015,865

Approved (ha)

14,226 14,195 17,018 16,101

6,429 9,272 10,291 13,194

%Approved 94.5 93.5 93.8 92.6 86.5 95.6 86.2 83.2

Local prod (mt)

N/a 23,331 34,019 25,844

26,022 30,878 27,430 23,901

imports (mt) N/a 958 1,264 1,175 1,685 2,075 4,489 6,876

Total (mt) - 24,289 35,283 27,019

27,707 32,953 31,919 30,777

Import (% total)

- 3.95 3.58 4.35 6.08 6.30 14.06 22.34

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Yr 99 00 01 02 03 04 05

Prod (‘000mt)

23,3 34,0 25,8 26,0 30,9 27,4 23,9

Import (‘000mt)

0.96 1,3 1,2 1,7 2,1 4,5 6,9

Total (‘000mt)

24,3 35,3 27,0 27,7 33,0 32,0 30,8

Imp (% total)

3.94 3.58 4.35 6.08 6.30 14.1 22.3

Exp (mt) (Kephis)

114,0 = 0.37% of production 114.0

Value (ISF)

US$ 42M; vs $800M in SAA Vs $30B global

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Progress made … Progress made …

2. 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 Crops selected for harmonizationharmonization

1. Maize – (Zea mays)

2. Sorghum, (Sorghum bicor)

3. Beans (Phaseolus vulgaris)

4. Groundnuts (Arachis hypogaea ),

5. Soybeans, (Glycine max),

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Crops selected …

6 Wheat (Triticum aestivum L

7 Potato (Solanum tuberosum),

8 Rice (Oryza sativa),

9 Sunflower (Helianthus annus)

10 Cassava (Manihot esculenta Crantz).

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2. Results of certification2. 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 …Progress …

3 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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Crop Q-pest Unrecorded in EA & RW

Irish Potato 7 11

Rice 8 4

Wheat 8 2

Sunflower 6 -

Cassava 8 4

Quarantine Pest List of EACQuarantine Pest List of EAC

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Q-List cont..Q-List cont..

Crop Q-pests Unrecorded in EA

Maize 20 4

Beans 8 10

Sorghum 20 -

Groundnut 14 - (EA & RW)

Soybean 25 - (EA & RW)

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Results of phytosanitaryResults 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

2525

Progress..Progress..

4. 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..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 …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..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)

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PVP IN TANZANIAPVP 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

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PVP IN UGANDAPVP 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

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PVP IN RWANDAPVP 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 PVP SYSTEMS IN REST OF AFRICAAFRICA

• 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 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 HARMONIZATION IN REST OF AFRICAAFRICA

• Ongoing in 2nd & 3rd Phase ASARECA countries

• On-going in SADC

• Ongoing in West Africa

• Coordination by AFSTA

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WAY FORWARDWAY 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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REFERENCESREFERENCES• 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