HARMONIZATION OF
SEED POLICIES AND
REGULATIONS:
Challenges and results
By
Obongo Nyachae
E-mail:
[email protected]
Presentation made during 8th OFAB
Meeting in Nairobi: 28th June, 2007
1
OUTLINE
•
•
•
•
•
•
•
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Introduction to harmonization
Key areas identified
Specific issues to be addressed
Implementation mechanism
Progress made
Results
Lessons learnt
Way forward
2
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
3
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
4
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
5
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
6
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
7
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
8
PROGRESS 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
9
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)
10
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
11
Year
No Var Breeder (Kenya)
1981-9
7
KARI/KSC
1995 1999
9
KSC – 7
Pannar
Pioneer
1
1
2000
9
KARI – 2
KSC
Monsanto – 1 Pannar
4
1
2001
12
KSC
-5
Pannar – 3
3
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 12
KARI
OCD
Results: Variety evaluation…
Year
No
Breeder (Kenya)
varieties
2005
6
KARI = 2; Private = 4
2006
12
KARI/CIMMYT = 1
Private = 11
2007
9
KESREF = 4
Sugarcane
KSC = 3; KARI = 1;
13
8.3 Results…more companies
Kenya
Uganda
Tanzania
1995 – 17
2000 – 5
2000 – 13
2001 – 38
2002 – 41
2003 – 41
2006 – 58
Stak 1982
2001 – 3
2002 – 9
2003 – 10
2005 – 11
Usta 1999
revamp 02
2001 – 14
2002 – 16
2003 - 16
2005 – 17
Tasta 2002
14
Seed production/import
98/99
99/00
01/02
02/03
03/04
04/05
05/0
Area
planted
(ha)
15,05
1
15,183 18,145 17,39
5
7,437
9,695 11,940
15,8
65
Approved
(ha)
%Approved
14,22
6
94.5
14,195 17,018 16,10
1
93.5
93.8
92.6
6,429
9,272 10,291 13,19
86.5
95.6
Local prod
(mt)
imports (mt)
N/a
N/a
Total (mt)
-
Import (%
total)
-
00/01
86.2
83.2
23,331 34,019 25,84 26,022 30,878 27,430 23,90
4
958
1,264 1,175 1,685 2,075 4,489 6,87
24,289 35,283 27,01 27,707 32,953 31,919 30,77
9
3.95
3.58
4.35
6.08
6.30 14.06 22.3
15
Yr
99
00
Prod
(‘000mt)
Import
(‘000mt)
Total
(‘000mt)
Imp (%
total)
23,3
34,0 25,8 26,0 30,9 27,4 23,9
0.96
1,3
24,3
35,3 27,0 27,7 33,0 32,0 30,8
3.94
3.58 4.35 6.08 6.30 14.1 22.3
Exp (mt)
(Kephis)
Value
01
1,2
02
1,7
03
2,1
04
4,5
114,0 = 0.37% of production
05
6,9
114.
0
US$ 42M; vs $800M in SAA Vs $30B global
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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
17
Crops selected for
harmonization
1. Maize – (Zea mays)
2. Sorghum, (Sorghum bicor)
3. Beans (Phaseolus vulgaris)
4. Groundnuts (Arachis
hypogaea ),
5. Soybeans, (Glycine max),
18
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 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
20
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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Quarantine Pest List of EAC
Crop
Q-pest
Irish Potato
Rice
Wheat
Sunflower
Cassava
7
8
8
6
8
Unrecorded in
EA & RW
11
4
2
4
22
Maize
Q-List cont..
Q-pests Unrecorded
in EA
20
4
Beans
8
10
Sorghum
20
-
Crop
Groundnut 14
- (EA & RW)
Soybean
- (EA & RW)
25
23
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
24
Progress..
4. Plant Variety Protection
The region agreed to develop
a sui generis system of PVP
based on UPOV 1991
Convention
25
PVP cont..
• A study of PVP systems in Kenya,
Uganda, Tanzania and Rwanda
commissioned by EASCOM under
ASARECA in 2006 clearly showed
the following:
26
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
27
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)
28
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
29
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
30
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
32
PVP in rest of Africa cont..
• PVP is operational in 6
African countries :
–Kenya
South Africa
–Egypt
Tanzania
–Zimbabwe
Tunisia
33
HARMONIZATION IN REST OF
AFRICA
• Ongoing in
&
Phase
ASARECA countries
• On-going in SADC
• Ongoing in West Africa
• Coordination by AFSTA
nd
2
rd
3
34
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
35
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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