MIR Plus Information Bulletin 8, September 2012 - English

MIR Plus An ECOWAS - UEMOA Joint Project implemented by IFDC

ISSUE N°8

SEPTEMBER 2012

Information Bulletin Adoption of key Implementing Regulations: ECOWAS takes decisive steps towards the implementation of the West Africa seed and pesticides regulatory frameworks Since 2003, ECOWAS and UEMOA have been working together to develop common regional legal frameworks that will govern the production and trade of seed and pesticides in West Africa. Guided by experts of their respective legal departments, the two Regional Economic Communities held joint technical validation meetings with stakeholders.

The Breakthrough in 2008 Following the various technical validations by stakeholders and upon recommendation of the Ministers in charge of agriculture at a session held in Ouagadougou in November 2007, the ECOWAS Council of Ministers enacted two Regulations harmonizing national seed and pesticides laws in May 2008: Regulation C/REG.4/05/2008 for seed and Regulation C/REG.3/05/2008 for pesticides. A year later, the UEMOA Council of Ministers enacted the same Regulations: Regulation No 03/2009/CM/2008 for seed and Regulation No 04/2009/ CM/2008 for pesticides. The enactment by UEMOA was legally necessary to facilitate a joint implementation of the framework by the two organizations.

the seeds of the varieties listed in the West African Catalogue of Plant Species and Varieties, as defined in Article 9 of this Regulation. More specifically, the harmonization aims to: • Facilitate local production of quality seeds.

• Facilitate trade in seeds (free movement) amongst Member States, through implementation of regionally agreed principle of mutual recognition of national certifications and rules that minimize trade barriers.

• Facilitate timely and convenient access by farmers to quality seeds.

• Create an environment conducive to private investment in the seed industry.

• Help broaden the choice of seeds available to farmers.

• Promote partnerships between public and private sectors.

The purpose of the Seed Regulation is to harmonize the rules governing quality control, certification and marketing of seed and seedlings in the Member States to ensure good quality and determine the origin of

The Seed Regulation applies to all seed-related activities, especially those pertaining to seed quality control, certification and marketing. It does not apply to farmer-saved seeds or grains.

The purpose of the Pesticides Regulation is to harmonize the rules governing pesticide registration in West Africa in order to: • Protect the West African population and natural environment against potential dangers of pesticides use.

• Facilitate inter and intra-state trade in pesticides, through implementation of principles and rules mutually agreed upon at regional level to dismantle trade barriers.

• Facilitate timely and convenient access by farmers to quality pesticides.

• Ensure rational and judicious use of pesticides.

• Contribute to the creation of a favorable investment climate for the pesticides industry.

• Promote partnerships between public and private sectors.

The Pesticide Regulation is applicable to all activities related to the testing, authorization, marketing, use and control of pesticides and bio -pesticides in the Member States.

The enactment of these Regulations provides the legal grounds for the Commissions and the Member

MIR Plus Contact : Georges Dimithe (PhD), IFDC Senior Policy Economist, MIR Plus Project Coordinator P.O. Box 4483, Lomé, Togo - Telephone: +228 92 23 73 59 - Email: gdimithe@ifdc.org

2

States to adopt necessary Supporting or Implementing Regulations they identify based on the principle of subsidiarity.

ECOWAS has taken critical steps towards implementation On June 4, 2012, in accordance with the aforementioned Regulation, the ECOWAS Commission adopted two Implementing Regulations (01/06/12 and 02/06/12) that detail the roles, organization, functioning and funding of the West African Vegetable Seed and Seedlings Committee (WASC) and the West African Committee for Pesticides Registration (WACPR), respectively. To ensure their effective operation, the Implementing Regulations prescribe that these two Committees are fully funded by the resources of the Commission.

The mission of the WASC is to assist the ECOWAS Commission in implementing the Regulation C/ REG.4/05/2008 relating to the quality control, certification and marketing of seeds by monitoring compliance to and application of rules and standards of seed production, certification, quality control and trade, and by defining the technical requirements for varietal release. In addition, the WASC facilitates collaboration and exchange of information between official national institutions responsible for seed certification

and control in the Member States while monitoring the organization and management of these institutions.

Similarly, the mission of the WACPR is to assist the ECOWAS Commission in implementing the Regulation C/REG.3/05/2008 on the registration of pesticides by contributing to defining the technical requirements relating to the preparation of applications for pesticides registration and associated necessary tests; and by evaluating and giving opinions on applications submitted for registering pesticides intended for use or sale within Member States.

The WACPR also has the mandate to facilitate collaboration and exchange of information between official institutions responsible for pesticide management in Member States, to provide to the national committees on pesticide management the necessary support for monitoring the implementation of the common regulation, and to make an inventory of pesticides used or traded in West Africa.

The adoption of these two legal acts paves the way for the establishment of the two regional committees and thereby the start of the implementation of the corresponding legal frameworks.

For this to happen, ECOWAS must sign a convention with UEMOA and CILSS detailing the terms of their collaboration for the joint implementation of these frameworks, including the establishment of the committees.

Effective implementation by the established regional and national committees calls for the adoption of an action plan for strengthening the capacity of national regulatory services. The establishment of the regional committees also involves hiring the requisite staff as well as defining their operational budget and funding modalities.

ECOWAS and UEMOA are already working on the development of regional action plans with technical support of the MIR Plus project and its partners (notably CropLife and COLEACP/PIP). These plans will be submitted to stakeholders for validation at a regional workshop. In addition, discussions between ECOWAS, UEMOA and CILSS on the content of the conventions have already intensified with the target for signing the documents set for the end of 2012.

Clearly, critical processes have been set in motion to ensure that effective implementation of the two legal frameworks commence no later than in early 2013â–

MIR Plus Contact : Georges Dimithe (PhD), IFDC Senior Policy Economist, MIR Plus Project Coordinator P.O. Box 4483, LomĂŠ, Togo - Telephone: +228 92 23 73 59 - Email: gdimithe@ifdc.org