3.53.  The MOA is responsible for overall policy and the implementation of SPS measures. Animal health matters are handled by the Ministry's Department of Veterinary Services; plant health issues are the responsibility of the Department of Agricultural Research and Specialist Services; and food safety issues are dealt with by the Department of Environmental Health in the Ministry of Health, although other departments may be involved

3.54.  Lesotho has continued to make efforts to further rationalize SPS matters, including its relevant policy framework. According to the authorities, a Plant Protection Policy was approved by the Cabinet in 2021 to update the 2014 Policy. It is now a working document that is expected to guide the authorities in implementing phytosanitary measures and providing reference for the formulation of relevant legislation. They also note that a Food Safety Policy is in its final drafting stage and is expected to be completed by the end of 2023

All imports of live animals and plants, and all products of animal and plant origin, require an import permit (i.e. an SPS certificate) issued by the MOA through the corresponding department.[41] Imports of genetically modified organisms (GMOs) are basically allowed but require an import permit issued by the Eswatini Environmental Authority. Certification fees apply for animals and animal products, while there are no fees for plant products

3.55.  The broad regulatory framework, in practice, seems to have remained almost unchanged. Food safety issues continue to be regulated through Public Health Order, 1970 (Order No. 12), which provides rules for the storage of foodstuffs and prohibits the sale of food or animal feed in states that make them unfit for human consumption. It obliges food and animal feed traders to take adequate measures to prevent any infection or contamination thereof. The Ministry in charge of health is in charge of implementing the Order. According to the authorities, officers from the Ministry implement food inspection at borders

The Animal Disease Act No. 7 of 1965 (as amended) and its regulations set out provisions for animal disease control. Control measures include monitoring and reporting of diseases, quarantine measures, notification procedures, checks on the importation of animals and animal products, and obligations on animal owners concerning disease prevention and control. The Livestock Identification Act No. 13 of 2001 provides for the identification and traceability of livestock. The Regulation and Control of Veterinary Drugs and Medical Substances Act, 2012 governs the importation, sale, and use of veterinary drugs and medical substances

3.56.  Botswana's SPS regime has remained substantially unchanged since the previous Review. The Ministry of Agriculture remains responsible for adopting and implementing SPS measures. Its Plant Protection Division, which is Botswana's National Plant Protection Organization (NPPO), implements the Plant Protection Act (Cap 35:02), and is the contact point for the International Plant Protection Convention (IPPC). The Department of Veterinary Services and the Department of Animal Production implement the Diseases of Animals Act (Cap 37:01). The Ministry of Health is responsible for food safety and is advised by the National Food Control Board, which comprises government officials from the Ministries of Health, Agricultural Development and Food Security, and Trade and Industry; the Botswana Bureau of Standards; and food industry and consumers

The Veterinary Public Health Act, 2013 applies to all animal products for human consumption at the primary production stage. It provides for official inspections of slaughter facilities and food establishments, quality control, and certification. The Act establishes the Veterinary Public Health Unit under the MOA, which has the task of conducting inspections of slaughterhouses and establishments. The Veterinary Field Services Section in the MOA is responsible for handling government quarantine facilities and conducting inspections. All imported livestock, except those brought for immediate slaughter, are subject to a quarantine period of 30 days and must be disembarked directly into the quarantine facilities.[42] Quarantine fees apply. Importers are required to notify the competent veterinary office before animals arrive in the country

The regulatory framework for plant protection also continues to be governed by the Agricultural Marketing Act, 1967. In principle, the Department of Agricultural Research of the Ministry of Agriculture, Food Security and Nutrition (MAFSN) undertakes measures to safeguard the country against the risks associated with the entry, establishment, or spread of exotic plant pests and diseases. However, it appears that Lesotho was lacking relevant border inspection services until 2019. Lesotho's phytosanitary border inspection services were launched in January 2019, to allow for an effective inspection of plants and plant products before being imported or exported.[22]

3.57.  Botswana's main SPS legislation includes the Plant Protection Act (Cap 35:02) and its regulations; the Diseases of Animals Act (Cap 37:01) and its regulations; the Livestock and Meat Industries Act (Cap 36:03) and its regulations; the Veterinary Surgeons Act (Cap 61:04); the Importation of Bees Act (Cap 49:02); the Food Control Act (Cap 65:05) and food labelling regulations; and the Public Health Act (Cap 63.01).[74]

The Plant Health Protection Act (Act No. 3 of 2020) intends to align Eswatini's phytosanitary regime with the International Plant Protection Convention (IPPC) and established the NaPHIS, which became operational in 2021. The NaPHIS has digitalized its treatment of phytosanitary certificates, plant import, and transit permits through the development of an online portal.[43] In the long run, this portal is to be linked to the IPPC's ePhyto hub and to ASYCUDA. The Act is still to be notified to WTO. The Seeds and Plants Varieties Act of 2000, its 2002 Regulations, and the Plant Control Act No. 7 of 1981 remain in force

Imports of agricultural products require the issuance of import permits by the Department of Agricultural Research. Importers can get information regarding relevant imports requirements through a dedicated electronic platform.[23] The issuance of import permits depends on the risk associated with the products. In general, an import permit contains a statement of conditions to be fulfilled before an importation is allowed. As part of SPS requirements for imports (as reported by the International Plant Protection Convention (IPPC)), the consignment must be accompanied by an authenticated phytosanitary certificate issued by the national plant protection organization of the country of origin.[24]

3.58.  The Ministry of Agriculture remains the national enquiry point and notification authority on SPS matters. Since 2014, Botswana has not submitted any SPS notification to the WTO. The authorities state that they are taking steps to ensure SPS notifications are submitted to the WTO by the end of 2023. Some of Botswana's TBT notifications cover issues related to SPS. For example, in a notification made in 2019, Botswana updated standards that specify, inter alia, compositional requirements to produce raw beef products intended for human consumption. The update took into consideration the Codex standard for contaminants and toxins in food and feed.[75] In 2022, Botswana updated standards specifying requirements to produce whole and dehulled sorghum grains for human consumption, and the Codex standard for pesticide residues in food (maximum residue limits) was taken into consideration.[76]

The Seeds and Plant Varieties Act of 2000 and its regulations outline the requirements, procedures, and practices of the seed value chain. The Act designates the Seed Quality Control Services Section of the MOA as the seed certification agency and testing station. Both importers and exporters must register with the Registrar of Seeds. Any person intending to import seeds must obtain a phytosanitary certificate; the seeds must be of a variety entered in the Recommended Variety List and comply with prescribed requirements. Any person wishing to export seeds must apply for an export certificate from the Registrar, for which inspection and testing may be necessary

Lesotho's 2014 Plant Protection Policy document indicates that the country's phytosanitary framework is weak due to understaffed agencies and limited financial resources to prevent the introduction of unwanted pests. This situation, according to the policy document, has contributed significantly to the decline in agricultural production

3.59.  In a communication to the WTO of September 2017, Botswana informed Members of a suspected outbreak of foot and mouth disease (FMD).[77] Towards the end of 2017, Botswana updated the situation regarding FMD to the WTO that the outbreak was contained and did not affect beef trade in the World Organisation for Animal Health (WOAH)‑recognized FMD‑free zones of Botswana.[78] Botswana also developed a "purified" vaccine against FMD.[79]

The Pesticides Management Act, 2017 establishes a Registrar of Pesticides, which should become operational in 2024.[44] The functions of the Registrar include (i) registration, cancellation, and licensing of pesticides; (ii) issuing and revocation of permits and licences; (iii) taking measures for the protection of humans, animals, and the environment from risks of pollution resulting from pesticides; (iv) taking measures to combat pollution created by the use of pesticides; and (v) monitoring the trade, use, and disposal of pesticides. All pesticides must be registered. The Act also establishes a Pesticides Management Board, which shall advise the Government on matters relating to pesticide management

The Department of Livestock Services is in charge of administering SPS requirements that pertain to livestock and related products, including meat products. The Animal Disease Act (Act No. 1984) and the Importation and Exportation of Livestock and Livestock Products Proclamation No. 57 of 1952 remain the main legal instruments for the regulation of trade in livestock. The Act allows Lesotho citizens and non-citizens living in Lesotho to import animals and animal‑derived products, which are considered to be safe. The Proclamation prohibits importation of undesirable livestock (defined as livestock of inferior quality) and provides for importation of livestock only if permitted by the Department of Livestock Services. Requirements attached to the issuance of the import permit for livestock, including related fees and required documentation, are published on the eRegulation website. In 2023, the permit fee is LSL 100 for meat and meat products, as well as milk and milk products; LSL 50 per animal for large animals; and LSL 30 per animal for stock and pets.[25] The permit fee for live chickens is LSL 200. In order to obtain an import permit, a transport permit, issued by the MAFSN, is required. A health attestation is also required for import of live animals, offal, and poultry

3.60.  Since its last Review, Eswatini submitted six notifications to the WTO SPS Committee, all of which cover different laws or regulations.[45] No specific trade concerns were raised against Eswatini's SPS measures during the period under review. Eswatini did not raise any specific trade concerns but supported Namibia's concern related to South Africa's revised veterinary health certificates for the import of cattle, sheep, and goats from Botswana, Eswatini, Lesotho, and Namibia.[46]

Phytosanitary measures are based on international standards or on a pest risk analysis, according to the Plant Protection Act and its regulations. Importers of plants and other plant‑related material must obtain an import permit issued by the Plant Protection Division of the Ministry of Agriculture, and present an original phytosanitary certificate issued in the country of origin

Lesotho has no policy document on genetically modified organisms (GMOs). Based on information provided to the FAO on its GMO information platform, Lesotho is currently working on its Biosafety Bill to govern the use and trade of GMOs. For the time being, while it does not produce GMO products, import of genetically modified food or feed is allowed and there is no authorization process.[26] The authorities indicate that the Department of Agricultural Research in collaboration with the Department of Environment has recently undertaken a project to enable the testing of GMOs

3.61.  Eswatini has a mutual recognition agreement on SPS issues with South Africa

The Diseases of Animals Act regulates animal disease prevention and control. Import (or export) permits from the Department of Veterinary Services are required for the importation (or exportation) of animals and animal products. Botswana separates the WOAH‑recognized FMD‑free area (no buffalo may enter, as they may carry FMD virus) from the livestock‑free areas (no livestock may enter), with a view to separating livestock and buffalo to prevent the spread of FMD

In 2008, an SPS National Committee was created to, inter alia, advise the Government on SPS issues and coordinate the implementation of policies. The Committee is a multi-institutional entity chaired by the MAFSN. Representatives of private sector are also part of the Committee

South Africa's main SPS requirements remain the same as at the time of the previous Review.[110] All imported animal, plant, and food products, including those from other SACU members, must meet South Africa's SPS requirements. If a consignment does not meet the import requirements, risk management measures will be undertaken, i.e. the consignment may be treated and released, sent back to the country of origin, or destroyed. An appeal system is available under most of the SPS laws. South Africa actively participates in and gets guidance from the Codex Alimentarius, the World Organisation for Animal Health (WOAH, formerly OIE), and the International Plant Protection Convention (IPPC)

3.62.  Botswana has not yet developed regulations on biotechnology or genetically modified organisms (GMOs). The authorities state that the use of GMO seeds for crop production and feed is not allowed

The Department of Agricultural Research of the MAFSN is Lesotho's national enquiry point for SPS measures.[27] Lesotho has not submitted any notifications on SPS measures to the WTO

All departments responsible for SPS controls transferred their relevant functions to the newly established BMA as from April 2023 (Section 3.1.2). These include the Department of Agriculture, Land Reform and Rural Development (DALRRD) (formerly known as the Department of Agriculture, Forestry and Fisheries (DAFF)); the Department of Health (DoH); and the DTIC (including National Regulator for Compulsory Specifications (NRCS))

3.63.  Lesotho is a member of the Codex Alimentarius[28], the World Organisation for Animal Health (WOAH, originally OIE), and the IPPC

South Africa's SPS laws include the Agricultural Pests Act; the Agricultural Product Standards Act; the Animal Diseases Act; the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act; the Foodstuffs, Cosmetics and Disinfectants Act; the Liquor Products Act; the Meat Safety Act; the Medicines and Related Substances Act; and the National Regulator for Compulsory Specifications Act.[111]

3.64.  From 1 January 2014 to 20 July 2023, South Africa submitted 60 SPS‑related notifications to the WTO, including 9 emergency notifications referring to a temporary ban of imports of certain animal, plant, and food products due to the outbreak of various animal or plant diseases.[112] Other notifications relate to amendments of regulations, changes to the certification process, and compulsory requirements or specifications for imports into South Africa. Major amendments to SPS‑related legislation include the following: · In 2017, amendments were made to the National Regulator for Compulsory Specifications Act, 2008, so that for all imports of fish and fishery products and canned meat products, the competent authority in the exporting country must issue a health certificate/guarantee (adhering to the Codex Principles and Code of Practice, etc.) for each consignment exported to South Africa[113]; · In 2021, the Fertilizers, Farm Feeds, Agricultural Remedies and Stock Remedies Act, 1947 was amended to include, inter alia, provisions on the Globally Harmonized System (GHS) of Classification and Labelling of Chemicals, and the OECD principles of Good Laboratory Practice[114]; and · In 2022, the Foodstuffs, Cosmetic and Disinfectants Act, 1972 was amended. The amendment focuses on the maximum limits for pesticide residues that may be present in foodstuffs.[115]

3.65.  South Africa is also developing some new legislation related to SPS measures. For example, in 2021, the Plant Health (Phytosanitary) Bill (B14‑2021) was prepared to provide for phytosanitary measures so as to, inter alia, prevent the introduction and spread of regulated pests in the country, and regulate the movement of plants, plant products, and other regulated articles into, within, and out of the country.[116] The authorities state that the Bill was tabled before Parliament for consideration and deliberation

3.66.  At the WTO, four SPS-related specific trade concerns (STCs) were raised by trading partners to South Africa between 2014 and 2023. They are related to general import restrictions due to BSE (ID 362); South Africa's revised veterinary health certificates for the import of cattle, sheep, and goats from Botswana, Eswatini, Lesotho, and Namibia (ID 404); import restrictions on poultry due to highly pathogenic avian influenza (ID 431); import restrictions on bovine meat, pet food, and other by‑products of animal origin (ID 522); and delays in granting SPS access for poultry, beef, pork, fish, and seafood (ID 564).[117]

3.67.  South Africa developed an electronic system for import and/or export certification (eCertification) via the National Plant Protection Organization of South Africa (NPPOZA). The exporting country must provide a phytosanitary certificate that proves to the importing country that its SPS requirements are satisfied. South Africa began the first phase of the migration to the new system in November 2019. In 2022, South Africa developed a module to allow its trading partners to send their electronic phytosanitary certificates (ePhytos), which used to be sent via the IPPC hub, to the NPPOZA directly.[118] The authorities indicate that the eCertification export system is fully functional and South Africa is exchanging ePhytos with all the trading partners

3.68.  The Genetically Modified Organisms Act, 1997 (Act No. 15 of 1997), as amended by Genetically Modified Organisms Act, 2006 (Act No. 23 of 2006), regulates the development and use of GMOs. There has been no amendment to the GMO Act since 2014

3.69.  Under the GMO Act, any activity with GMOs, including importation, exportation, transit, development, production, release, and distribution, is not allowed in South Africa without a permit. In 2022, South Africa published a list of GMO approved activities, where clearance and approval are granted for importation for use as food or feed. From 2001 to 2022, a total of 105 approvals were granted, related mainly to maize (75 approvals), soybean (22), and cotton (4). One approval each was granted to the importation of canola, oilseed rape, rice, and wheat.[119]

3.70.  Since the last Review, Namibia has established a GMO regime, while its SPS regime remains otherwise substantially unchanged. Some of the SPS laws are obsolete, but there are ongoing efforts to review them. Namibia has reactivated its National SPS and Food Safety Committee. The MAWLR is the National Notification Authority and National Enquiry Point for SPS measures. Namibia has submitted one SPS notification, in 2022, regarding trade in controlled agronomic products.[81] No specific trade concern has been raised in the SPS Committee regarding Namibia's SPS measures

In 2021, South Africa made a public notice that the New Breeding Techniques (NBTs) and their products were going to be subject to the regulatory system and the risk assessment framework for GMOs (with revised application templates for contained use, trial release, commodity clearance, and general release). The NBTs provide new methods for genetic engineering and enable the production of a range of innovative products that are differentiated from those generated using early genetic engineering tools.[120]

3.71.  In 2014, the Government adopted the Namibia Food Safety Policy to protect consumer health while facilitating trade in food.[82] The policy seeks to ensure that requirements and controls are developed and respected regarding food production safety, food hygiene, animal health and welfare, plant health, and preventing the risk of contamination from substances. It promotes the principles of risk assessment and prevention, and a "farm to fork" approach. A Namibia Food Safety Council is to be established with the task of coordinating emergency food safety measures and developing draft regulations. There are ongoing stakeholder consultations on a Food Safety and Standards Bill. A key objective of the Food Safety Policy is to address the overlapping mandates on food safety, which is the responsibility of five ministries: · The Ministry of Health and Social Services is responsible for public health. This includes regulations and standards on food offered to consumers, including food service or business premises, such as retail shops, restaurants, or street food. · The MAWLR is responsible for the safe production of food of animal and plant origin, including their primary processed forms. This includes all regulations and standards on fresh produce, grain, insects, eggs, dairy, poultry, and meat. · The Ministry of Fisheries and Marine Resources (MFMR) is responsible for all regulatory activities relating to the food safety and primary handling of fish and fishery products, including chilling, freezing, filleting, transport, and packaging. · The MIT through the Namibia Standards Institute is responsible for developing standards on processing and processed foods, food additives, processing aids in foods, food labelling, and packaging materials. · The Ministry of Urban and Rural Development is responsible for the licensing of food service and food business operators

3.72.  Namibia's livestock and game sector contributes about 70% to agricultural GDP and about half of the agricultural exports, hence the importance of the veterinary regime (Section 4.1.1).[83] In February 2020, Namibia for the first time exported (boneless) beef to the United States

3.73.  The Directorate of Veterinary Services in the MAWLR is responsible for implementing the Animal Health Act, 2011 and related regulations.[84] The World Organisation for Animal Health (WOAH, originally OIE) Animal Health Code is used as the guideline for setting import requirements. Imports of live animals and animal products generally require a veterinary import permit (NAD 50 per permit), a livestock movement permit for purposes of traceability, and in the case of breeding material, a livestock improvement permit is also required. A health certificate is required for the exports of animals, animal products, and restricted material. The MAWLR manages the Namibian Livestock Identification and Traceability System (NamLITS) to provide accurate records of animal disease surveillance, animal movements, and vaccinations in the country

3.74.  Due to sporadic outbreaks of the foot‑and‑mouth disease (FMD) in the Northern Communal Areas (NCAs), a Veterinary Cordon Fence (VCF), also called Red Line, separates the NCAs from the south of the country. This barrier serves to separate areas based on their animal disease status and is recognized by the WOAH. Cattle originating from the NCAs, where FMD is endemic, may not be marketed in the FMD‑free zone, south of the VCF, where FMD vaccination is not permitted. This restriction protects the access for beef produced in the FMD‑free zone to high-value export markets, particularly the European Union and EFTA markets. The most recent outbreak of FMD north of the VCF occurred in October 2022

3.75.  Cattle may only be imported from countries free from bovine spongiform encephalopathy (BSE) and FMD where vaccination is not practised. Live animals are usually only imported from South Africa or occasionally Botswana. In the case of animals/animal products from South Africa, a veterinary import permit is only required for the importation of ostriches, elephants, wild pigs, wildebeest, and buffalo. Imports of other farm animals/animal products are subject to a veterinary movement certificate issued by an official veterinarian in South Africa in accordance with the requirements as set out in the Namibian/South African bilateral agreement. Veterinary staff based at the border are available 24 hours a day to verify compliance with import and export requirements. All shipments of animals or animal products are verified, even if an MRA is in place. In the event of an immediate risk of a disease being introduced or further spread in Namibia, emergency restrictions may be put in place to prohibit imports. Namibia has a regionalization policy in place in case of a disease outbreak

3.76.  Growth‑promoting hormones are banned in animal production, while imports of meat from hormone-treated animals are permitted

3.77.  The Plant Health Division of the MAWLR is responsible for phytosanitary measures, and the safety of wild plant products, honey, and insects. It also administers a permit system for domestic and imported agricultural inputs, as well a database for traceability purposes of registered and imported pesticides, fertilizer, and farm feeds. The phytosanitary regime is governed by, inter alia, the Agricultural Pest Act, 1973 and the Plant Quarantine Act, 2008 (which entered into force in 2012) and the Fertilizers, Farm Feeds, Agricultural Remedies & Stock Remedies Act, 1947. The Plant Quarantine Act and the 1947 Act are currently under review. All imports of plants, plant products, and other regulated articles require a permit issued by the MAWLR (NAD 100, valid for 21 days) and a phytosanitary certificate issued by the plant protection authority of the country of export.[85] The Act also grants the Minister the authority to declare quarantine stations, areas, and pests by notice in the Gazette

3.78.  The National Council for Research Science and Technology is responsible for implementing the GMO regime established under the Biosafety Act, 2006[86], as supported by the Biosafety Regulations of 2016[87] and the GMO Product List No. 267 of 2022.[88] The regime governs the placing on the market, including labelling, of genetically modified products (food and feed), as well as the use of GMOs for purposes of field trials. Imports of GM food or feed require a permit (valid one year) from the Biosafety Council. The National GMO Testing, Training and Research Laboratory was established to ensure compliance with marketing and traceability standards; the lab is seeking international accreditation to ISO/IEC 17025.[89]

3.40.  Lesotho is a member of the SADC Standardization, Quality Accreditation and Metrology (SQAM) programme, which aims to harmonize standards and conformity assessment procedures across all members

3.41.  The Lesotho Standards Institution Act, 2014 came into force in 2020, and it is the main legislation that governs the standardization process in Lesotho. It provides for the establishment of a standards body in charge of developing national standards in consultation with all relevant stakeholders. A new institution, the Lesotho Standards Institution (LSI), was established in 2020

3.42.  LSI's mandate is to develop, publish, and maintain Lesotho Standards. According to the authorities, as the National Standards Body of Lesotho, the LSI follows international best practices. Its service charter is standards development, testing, certification, and inspection. Accreditation, metrology, and technical regulation framework are left as functions of the newly restructured Department of Quality, Metrology and Technical Regulations (DQMTR)

3.43.  LSI has replaced the DQMTR as the enquiry point under the TBT Agreement, but this information has yet to be notified to the WTO. LSI is a member of the International Organization for Standardization (ISO). The authorities indicate that it is also an affiliate member of the International Electromagnetic Commission (IEC)

3.44.  The authorities note that LSI runs the National Standardization Programme whereby national standards are developed according to the LSI guide for development, publication, maintenance, and application of Lesotho standards, in accordance with ISO/IEC Directives

The Eswatini Standards Authority (SWASA) was established in 2007 as a statutory body under the MCIT. It is responsible for developing and monitoring standards, performing conformity assessments, providing testing facilities, and obtaining affiliation to relevant international bodies. It is governed by a 10‑member Council, comprising representatives from the Government and the private sector. SWASA also serves as the national enquiry point under the TBT Agreement, which as at June 2023 still has to be notified

3.45.  For a standard to be developed, a proposal can come from a consumer, regulator, or the business community, or internally as informed by the national development agenda such as the NSDP II. Upon receipt of a request for the introduction of a new standard, LSI subjects the proposal to economic relevance; if approved, a new project is established. LSI sends the project to the relevant technical committee, or a new technical committee is inaugurated, in which experts are sought from, inter alia, industry associations, buyers, producers, academia, and consumer/civic societies

Eswatini is a correspondent member of the International Organization for Standardization (ISO). The authorities indicate that full membership in ISO remains a policy objective. SWASA also participates in the Southern Africa Development Community (SADC) programme on standards, quality assurance, accreditation, and metrology (SQAM). Additionally, it has a memorandum of understanding with the South African Bureau of Standards (SABS)

The regulatory framework governing standards and technical regulations is contained in the Standards Act No. 16 of 1995 and the Standards (Import Inspection) Regulations of 2008.[67] The Standards (Import Inspection) Regulations were reviewed in 2018 with the aim of addressing certain deficiencies including non-compliance with the WTO TBT national treatment principle, and a lack of effective sanctions. As of April 2023, the draft amendments to the regulation were undergoing legal vetting

3.46.  When the technical committee has drafted a standard, the Standards Institution Act, 2014 provides for it to be subjected to a public inquiry, for a period of three months, to collect comments from stakeholders. After that, the Standards Management Committee that approved the project should also approve the draft standards for publication. Five technical committees (Food; Energy; Quality Management Systems; Environmental Management; and Traffic, Transport and Transit) are currently in place with more than 30 draft standards awaiting publication. According to the authorities, while some standards can be home grown, most of the Lesotho standards are adoptions from ISO, the African Organization for Standardization (ARSO), and the SADC Cooperation in Standardization

The procedure for the development of national standards remained unchanged during the review period. Interested producers, consumers, or government agencies may submit proposals for new standards to SWASA. A standards advisory committee selects a proposal to be developed and directs it to the relevant technical committee. Currently, there are 52 technical committees for different economic sectors, with over 200 members, including a range of public- and private‑sector representatives. Once a standard project has been drafted and agreed on by the technical committee, SWASA publishes it for public comment for 60 days. The feedback is considered by the technical committee and the final text is submitted to the SWASA Council for approval. Once approved, the new standard is adopted and published in the official gazette

The Botswana Bureau of Standards (BOBS) is the national enquiry point under the WTO TBT Agreement. It is a member of the International Organization for Standardization, an Affiliate Plus member of the International Electrotechnical Commission, and a member of the African Organization for Standardization. It participates in SADC's TBT structures (SADCSTAN). Over the review period, BOBS has signed MoUs providing for inter‑institutional cooperation with the Namibia Standards Institute, the Kenya Bureau of Standards, and the Turkish Standards Institute. BOBS has also signed the American Society for Testing and Materials (ASTM) Annex

3.47.  The technical regulations framework is rather unclear. Each Ministry develops its own technical regulations, and there is no harmonized procedure. The number of technical regulations approved by each Ministry is not available

Since its inception in 2007, SWASA has adopted some 299 national standards. All standards are voluntary. Section 17 of the SWASA Act permits the MCIT to declare a standard compulsory; however, this has not happened so far

In April 2022, the Parliament approved BOBS' National Quality Policy (NQP 2022).[68] This Policy aims to strengthen the national quality infrastructure and technical regulations framework to help secure market access for Botswana's products in foreign markets. Another aim is to be supportive of Botswana's broader industrial diversification and export strategies which are focused on developing quality products and services. It draws attention to several inadequacies in Botswana's TBT regime, related to fragmented procedures, regulatory overlap, and lack of enforcement of compliance. This has reportedly increased transaction costs and impeded trade. The NQP 2022 focuses on establishing an internationally recognized national accreditation body; building up Botswana's conformity assessment capacity; using Botswana standards in state purchases; reviewing and strengthening the National Technical Regulation Framework; introducing enhanced market surveillance and sanctions; ensuring that there are adequate technical regulatory authorities to implement technical regulations; and setting up a National Quality Policy Coordination Office. As indicated by the authorities, the Coordination Office has been set up and resides within the Ministry of Trade and Industry. Public education about the NQP is ongoing, and NQP implementation and communication plans have been approved

3.48.  The authorities indicate that a draft document on a quality policy and a technical regulation framework is currently undergoing review and is expected to be approved by the Cabinet by June 2024

For conformity assessments, SWASA relies on the South African Bureau of Standards (SABS) and on the South African National Accreditation System (SANAS). Eswatini has not concluded any mutual recognition arrangements in the TBT area

The legal framework for the setting of standards and technical regulations comprises the Legal Metrology Act (Act No. 9 of 2014); the Standards Act (Act No. 8 of 2008); the Accreditation for Conformity Assessment, Calibration and Good Laboratory Practice Act (Act No. 19 of 2006); and the National Regulator for Compulsory Specifications Act (Act No. 5 of 2008)

The procedures for setting and reviewing standards are described in detail in Botswana's previous Review.[69] In brief, the standardization process includes needs identification, proposal, drafting, review, validation, approval, and publication. Standardization projects are initiated through requests from interested parties. Draft standards are reviewed by the technical committees and circulated for public comment for two months. Once comments are incorporated, the draft standard is sent to the Technical Advisory Committee for approval, and they are published in the national Gazette and thereafter in the Standards Catalogue. Botswana standards are based on standards developed by other national, regional, and/or international standardization bodies, and are adopted either as they are, or adapted to Botswana's cultural, climatic, or industrial or economic environment. As of September 2021, Botswana had 2,153 approved standards, 1,850 of which had been gazetted. The main areas where standards exist are construction (29%); electrical (12.7%); mechanical (11.2%); chemicals (12.8%); food and agricultural products (10.2%); and textiles (10.1%)

3.49.  The South African Bureau of Standards (SABS) remains responsible for standards development and provides training, advisory, and conformity assessment services (including local content verification in designated sectors).[97] It is also South Africa's enquiry point under the TBT Agreement. The SABS is responsible for the notification of technical regulations to the WTO. It is a member of the International Organization of Standardization (ISO), the International Electrotechnical Commission (IEC), the African Regional Standardization Organization (ARSO), and the Southern African Development Community Cooperation in Standardization (SADCSTAN)

Currently, Eswatini has three accredited testing laboratories. SWASA's Quality Assurance Department is responsible for carrying out quality testing and certification. As at June 2023, 2 certification schemes were available, and 12 companies had become certified

The DQMTR is responsible for metrology activities in Lesotho. The metrology framework is governed by the Weights and Measures Act, 1970. However, the Act has not been fully implemented. The DQMTR performs both industrial and legal metrology

As highlighted in the NQP 2022, the process for developing technical regulations is not uniform across government regulatory authorities (these regulatory authorities include the BOBS as well as some other ministries (a list of these other ministries was not available)). It notes that this lack of consistency in developing technical regulations has led to notification gaps. The NQP 2022 also notes that some products subject to technical regulations fall under the responsibility of more than one regulatory authority; the resulting overlap in regulatory activities results in different product quality requirements and an increased cost to the supplier. The policy also reports that local products and imported products are often handled differently, and it recognizes that this violates one of the basic tenets of the WTO TBT Agreement

3.50.  The South African National Accreditation System (SANAS) assesses and accredits bodies that provide conformity assessment services (testing, inspection, and certification).[98] In this regard, South Africa has mutual recognition agreements (MRAs) in place with several regional cooperation bodies (Table 3.2)

The Guidelines on Import and Export Procedures for Medicines, 2016, available online at the Eswatini Trade Information Portal, lay out the procedures and conditions for trade in medical goods. These goods generally require an import or export certificate issued by the Ministry of Health. Certificates are valid for six months from the date of issue

It also requires that markings shall be in English or Sesotho. Metrology regulations are formulated based on International Organization of Legal Metrology (OIML) recommendations and SADC Cooperation in Legal Metrology (SADCMEL) harmonized documents. The existing metrology regulations are the Weights and Measures (Metrication) (advisory board) Regulations, 2013 and Weights and Measures (Units of Measurement) Regulations, 2017. The following regulations are at the drafting stage: Weights and Measures (Labelling Requirements for Prepackages) and Weights and Measures (Non-automatic Weighing Instruments)

With respect to the technical regulations developed by BOBS, standards are used as the basis for developing technical regulations. At least two months before making a recommendation for a standard to become compulsory, BOBS publishes a preliminary notice in the Gazette outlining the details of the technical regulation and inviting comments within a month of the publication of the preliminary notice. The titles of all technical regulations falling under BOBS' remit are listed in an annex to the Standards (Import Inspection) Regulations.[70] The Compulsory Standards Unit within BOBS' Department of Regulatory Compliance is responsible for enforcing the technical regulations for which it is responsible. As of June 2023, BOBS had 86 technical regulations in force. Most of these applied to electrical appliances (66.3% of total), followed by food (14.3%), mechanical products (10%); automotive products (6%), and chemical products (3.6%). Reportedly, over 60% of these are based on international standards. One technical regulation, on alcohol-based sanitizer, was issued under the 2020 Emergency Powers (COVID-19) Regulations

3.51.  The SABS has numerous technical committees and subcommittees that prepare South African National Standards (SANS) and other normative documents. SANS are developed in accordance with the rules set out in the SABS National Norm: 2021 Edition 2, "Norm for the development of South African National Standards". All SANS go through various development stages. During this process, draft SANS are submitted for a 60‑day public comment period. All comments received are discussed and resolved by the relevant national committees through a consensus process. Draft standards need to be ratified by the Standards Approval Committee of the SABS before being published in the Government Gazette

Between 2019 and 2022, Eswatini submitted 11 notifications to the WTO TBT Committee, covering a broad range of measures and product categories.[39] No specific trade concerns were raised against Eswatini's TBT measures during the period under review. Eswatini accepted the Code of Good Practice in 2008.[40]

As of May 2023, Lesotho had not submitted any notifications regarding its TBT measures. According to the authorities, Lesotho is preparing to submit notifications under its TBT Agreement obligations

Botswana has been very active in notifying new technical regulations. Over the period 1 January 2014 to 31 July 2023, it notified 126 such notifications to the TBT Committee (Table 2.3), compared to a total of 36 submitted prior to this period. As of April 2023, Members had not raised any specific trade concern in the TBT Committee about Botswana's technical regulations

3.52.  In mid‑2023, SABS' standards catalogue included 7,602 national standards, of which 4,692 were adopted based on international standards and 2,911 were home-grown. The SABS follows a national plan for the setting of standards, which is aligned with the priorities contained in South Africa's National Development Plan (Section 2.2)

Labelling and marking for industrial and pharmaceutical imports must be done in English

In principle, surveillance at the border is the responsibility of LSI. However, the authorities indicate that no control mechanism is currently implemented at the border

BOBS operates a Recognition Scheme whereby Recognized Inspection Bodies undertake inspections and testing of goods subject to technical regulations in the country of origin on BOBS' behalf prior to export. They also issue the requisite Certificate of Conformity. These entities include, inter alia, Bureau Veritas, Intertek Group, TÜV Rheinland, Certification and Inspection Group, South African Bureau of Standards, and Namibian Standards Institute. Recognized Inspection Bodies are required to pay an administration fee of 10% of the fees charged by these bodies to their clients for undertaking inspection services and a recognition fee of BWP 3,000 every financial year.[71] According to authorities, the fees charged to users by Recognized Inspection Bodies are competitive; they are monitored (but not regulated) by BOBS to ensure fair participation that is non-monopolistic. As indicated in the NQP 2022, some regulatory authorities in Botswana accept test results from third‑party laboratories; however, others insist on testing products in their own laboratories

3.53.  The Department of Trade, Industry and Competition (DTIC) and other government entities, such as the departments responsible for communication, water and sanitation, health, and agriculture, are responsible for developing, approving, and amending technical regulations

Lesotho does not have either a functional national accreditation authority or international accredited testing and certification bodies. It has not signed any mutual recognition agreement

BOBS monitors its regulated goods at the border and charges a nominal administrative fee of BWP 150 for import application processes. According to the authorities, if tests are carried out prior to import and the results are presented at the time of application, no further testing is done. If a product is inspected and is suspected not to meet requirements, then it is given a conditional release with the requirement that goods are quarantined at a specific address, pending an investigation. Violations of technical regulations are liable for a fine of BWP 5,000 and imprisonment of three years

3.54.  The National Regulator for Compulsory Specifications (NRCS), an independent organization falling under the DTIC, is responsible for drafting technical regulations in the areas of electrotechnical; legal metrology; food and associated industries; automotives; chemicals; materials; and mechanical products. Government departments/entities and persons or companies may request the NCRS to develop or amend a technical regulation; this request must be justified. South Africa has over 70 NRCS-administered technical regulations in force. Most of the products/services regulated by the NRCS require conformity assessment in the country of origin before the products are imported to South Africa

Botswana does not have a national accreditation body; it relies on the services of the SADC Accreditation Service (SADCAS) based in Gaborone. The Government has a National Testing System composed of governmental, private sector, and parastatal laboratories that provide testing/conformity assessment services when required under the framework of MoUs signed with BOBS.[72] Some of these laboratories are accredited, and others not. The Government may also send items for testing in laboratories located outside of Botswana in instances where there is no national capacity. Currently, the conformity assessment services provided by BOBS are subsidized by the Government; BOBS is exploring ways to put in place user pay mechanisms to improve its financial position.[73]

3.55.  In 2017, the NRCS released a document setting out the development approval processes for requests for new, as well as amendments to or withdrawal of existing, technical regulations.[99] As indicated by the authorities, the new procedure requires the NRCS to conduct a consultation with relevant stakeholders before the regulation is finalized

As indicated in Botswana's previous Review, labelling requirements largely apply to food products and are contained in the following regulations: the Customs and Excise Duty Regulations, 1974 (as amended), the Standards (Import Inspection) Regulations, 2003 (as amended), the Labelling Control of Goods (Marking of Goods) Regulations, 1974, and the Labelling of Food Additives Regulations. Packaging requirements apply to cigarettes. Information was not available regarding any changes to labelling and packing requirements over the review period

3.56.  Technical regulations are enforced under the Compulsory Specifications Act and the Legal Metrology Act. Under the latter, suppliers of products/services are required to have NRCS certificates, such as a Letter of Authority and/or type approval certificate. Non-compliance with the regulations is punishable through a directive issued under Section 15(1) and Section 15(3) of the NRCS Act. Under Section 15(3), noncompliant products/services can either be recalled from the market, taken back to the country of origin, or confiscated or destroyed by the NRCS

3.57.  As indicated by the authorities, South Africa has in place a National TBT Committee that meets three times per year to gather information on notifications to be made to the WTO. All government entities that have responsibility for approving technical regulations participate. Over the review period, South Africa notified 77 technical regulations to the WTO (Table A2.1)

3.58.  In 2018, the NCRS issued its Conformity Assessment Policy, which contains the general principles for recognizing the competency of domestic and foreign conformity assessment bodies (CABs), as well as setting minimum criteria for accepting conformity assessment results.[100] It states that as a general rule, the NRCS recognizes CABs that are accredited by SANAS, or others affiliated with the International Accreditation Forum (IAF) and/or the (ILAC, and it accepts their conformity assessment results. The Policy also indicates that where South Africa is a signatory to an MRA or where the NRCS is signatory to a Technical Acceptance Agreement, the terms and conditions stated therein are to be upheld by the NRCS

3.59.  Over the review period, South Africa notified several new labelling requirements to the WTO TBT Committee. These related to: · The labelling and advertising of foodstuffs.[101] Reportedly, this will introduce several changes to advertising of foods on labels, including with respect to prohibiting (i) use of words, logos, or pictures that imply food is superior in some way; (ii) potentially misleading terms unless they are linked to a protocol approved and registered with the Department of Agriculture or regulated under the Agricultural Product Standards Act; (iii) endorsements by celebrities, organizations, and medical practitioners; and (iv) the use of the word "meat" where products contain less than 25% meat. It also proposes to make mandatory food warning labels for items high in sugar and fat;[102] · The labelling, advertising, and composition of cosmetics;[103] · Labelling of alcoholic beverages; · Labelling of locally manufactured and imported tea, coffee, chicory, and related products;[104] · The packing and marking of certain food products under the Agricultural Product Standards Act (No. 119 of 1990), namely dried fruit, bread wheat, pulses, potatoes, peaches and nectarines, popcorn kernels, vinegar, garlic, fresh fruit, baas, soya beans, pineapples, litchis, onions and shallots, rice, and tomatoes.[105] Some of the marking requirements are in place to ensure that products are easily identifiable and traceable; · Packing and marking of processed meat products and certain raw processed meat products[106]; · Goods and packages containing genetically modified organisms or ingredients or components[107]; and · Energy efficiency labelling of electrical and electronic apparatus.[108]

3.60.  Specific trade concerns have been raised in the TBT Committee regarding (i) regulations relating to the labelling of alcoholic beverages; (ii) regulations relating to the composition, production, and labelling of wine and spirits intended for sale in South Africa; (iii) amendment to regulations relating to health messages on container labels of alcoholic beverages; and (iv) labelling and advertising of pre-packaged foodstuff.[109]

3.61.  The Namibian Standards Institution (NSI) is the national standards body responsible for developing standards and conformity assessment procedures. The NSI also has the mandate to enforce two technical regulations concerning alcohol-based hand sanitizers, and cement including the approval of cement imported into Namibia (see below)

3.62.  The NSI serves as national WTO TBT enquiry and notification point.[70] However, there is a lack of coordination between government ministries/departments and institutions to ensure compliance with the TBT Agreement and discuss Namibia's TBT matters. During the review period, Namibia submitted 13 TBT notifications (concerning cement[71]; alcohol-based hand sanitizers[72]; controlled horticultural products[73]; squash, melons, and sweetcorn[74]) and 4 mutual recognition agreements. No specific trade concerns were raised in the TBT Committee regarding Namibia's measures

3.63.  The NSI is a member of the International Organization for Standardization (ISO), the African Organization for Standardization (ARSO), and the Affiliate Country Programme of the International Electrotechnical Commission (IEC); it is also a full participating member of the African Electrotechnical Commission (AFSEC). The NSI also participates in SADC's TBT cooperation arrangements to implement the TBT Annex to the SADC Protocol on Trade, including SADCSTAN (standards), SADC Accreditation System (SADCAS) (accreditation), and SADCTRLC (technical regulation liaison committee) and conformity assessment procedures

3.64.  Namibia has adopted a Revised National Quality Policy (2020-25).[75] The policy focuses on reforming the institutional framework for developing and implementing technical regulations and quality assurance and recommends the establishment of a Technical Regulatory Coordination Office (TRCO), either in the National Planning Commission, Attorney General's Office, or Office of the Prime Minister. The TRCO is to be composed of the various regulatory agencies with the task to ensure a more coherent and consistent approach in the formulation of technical regulations in compliance with WTO obligations. Namibia is also in the process of establishing a National TBT Committee

3.65.  The stated policy of standards development in Namibia is to adopt standards from international and foreign standards bodies. As of November 2022, Namibia had 227 standards in place, of which 32 were Namibian "home grown" standards, 55 regional standards, and 140 international standards. Namibian standards are revised every five years with a view of ensuring relevance and to align them with sector's needs and international needs. These voluntary standards may be referenced in legislation making them mandatory to achieve environmental, SPS, and other legitimate policy objectives. Adopted standards are gazetted and published by the NSI as a Namibian Standard. A catalogue of Namibian Standards, updated at regular intervals, is available on the NSI website.[76]

3.66.  The Continental Standardization Body under ARSO has the mandate of harmonizing African regional standards. To date, Namibia has not adopted ARSO standards. Namibia participates in regional standardization activities on metrology, fisheries and aquaculture, automotive, milk and milk products, horticulture, environmental protection, live animals, building and construction materials, organic and inorganic chemicals, and plastics and rubber plastics, among others

3.67.  The NSI Certification Body provides independent third-party conformity assessment services. It was successfully assessed in 2019 by SADCAS for maintaining its accreditation to provide certification services according to ISO standards. SADCAS is Namibia's de facto accreditation body. The NSI Certification Body provides product certification, and system and person certification according to the requirements of ISO/IEC 17065, ISO/IEC 17021, and ISO/IEC 17024. Goods and services that meet the requirements of the applicable Namibian and/or international standards are issued with a Certificate of Conformity and awarded with the licence to use the NSI Mark of Conformity. The NSI has product certification schemes for cement and sanitizers

3.68.  The NSI is also the designated national fishery inspection and certification authority. The Inspection Centre is accredited to ISO/IEC 17020. Its responsibilities include the inspection of chilled and frozen fish and fishery products, canned fish and canned meat, and the inspection of factories and vessels for compliance with compulsory specifications, as well as export market regulatory requirements. Namibia has 83 EU-approved facilities, including factory and freezer vessels, processing plants, and cold stores. Food safety tests are conducted at the NSI Food Laboratory (accredited to ISO/IEC 17025) for the presence of biotoxins, heavy metals, and microbiological contaminants. Both the NSI Inspection Centre and the testing laboratory facilities are accredited by SADCAS

3.69.  MRAs were concluded between the NSI and the National Fish Inspection Institute of Mozambique (INIP) in 2012[77]; between the NSI and the Botswana Bureau of Standards (BOBS) in 2018[78]; and, in 2021, between the NSI and the South African Bureau of Standards (SABS)[79], and the NSI and the National Regulatory for Compulsory Specification of South Africa (NRCS).[80]