Skip to main content

Correlating Nuances of Trade Facilitation and SPS from an Africa Perspective

  • Chapter
  • First Online:
Fostering Trade in Africa

Abstract

Trade and trade-related policy making and implementation require deep analysis of interactions of technically distinct non-tariff measures. Fragmented understanding of policies little appreciation of their mutual exclusivity has denied countries and regions an opportunity to reap economic dividends therefrom. Therefore, chapter makes a case for a need for systems thinking regarding conceptualization of the interaction of SPS and trade facilitation measures at implementation level. While these measures are technically distinct and serve distinct purposes, to a greater degree their successful implementation requires recognition of their mutual dependability for their respective objectives to be fully discharged. However, this notion requires further consideration by African countries in respect of their current notifications at the WTO as well as in the context of their regional integration efforts. African countries with a view to improving their trade facilitation and SPS regimes at national and regional level must consider a number of key areas. To this end, a review by this chapter makes a case for African countries’ need to consider revisiting the following: potential implications heterogeneous TFA notifications of SPS-related trade facilitation measures; outdated REC level TF measures relative to WTO’s TF Agreement; correcting conditioning of implementation of AfCFTA TFA measures in individual country’s commitments notified under WTO’s TFA; consideration of functional diagnosis of areas in which TFA measures and SPS measures mutually enhance beneficial achievement of each other’s objectives. Last but not least, the policy measures whether it is TF or SPS must be adaptable to the market structure of the African continent. They must meet the needs of micro, small and medium enterprises, transnational companies as well as ICBTs.

This is a preview of subscription content, log in via an institution to check access.

Access this chapter

Chapter
USD 29.95
Price excludes VAT (USA)
  • Available as PDF
  • Read on any device
  • Instant download
  • Own it forever
eBook
USD 139.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Softcover Book
USD 179.99
Price excludes VAT (USA)
  • Compact, lightweight edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info
Hardcover Book
USD 179.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Purchases are for personal use only

Institutional subscriptions

Notes

  1. 1.

    Figure 5.9 on frequency of NTBs on agricultural products (2012–2015 IFPRI (2018) African Agriculture Trade Monitor http://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/132819/filename/133030.pdf at 102.

  2. 2.

    IFPRI (2018) African Agriculture Trade Monitor http://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/132819/filename/133030.pdf at 102, Fig. 5.10 on Effects of NTBs on export growth in Africa 2013.

  3. 3.

    Disdier, A.-C., L. Fontagne, and M. Mimouni. 2008. “The Impact of Regulations on Agricultural Trade: Evidence from SPS and TBT Agreements.” American Journal of Agricultural Economics 90 (2): 336–350.

  4. 4.

    IFPRI (2018) African Agriculture Trade Monitor http://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/132819/filename/133030.pdf at 101.

  5. 5.

    IFPRI (2018) African Agriculture Trade Monitor http://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/132819/filename/133030.pdf at 102.

  6. 6.

    IFPRI (2018) African Agriculture Trade Monitor http://ebrary.ifpri.org/utils/getfile/collection/p15738coll2/id/132819/filename/133030.pdf at 28–29.

  7. 7.

    Specific Pro-SPS TF measures covered under the TF pillars are as follows: Transparency: This entails description of procedures; advance rulings on border based SPS measures; appeals and review procedures that may apply of border based SPS procedures; inspection and detention of goods and; fees and charges. Transparency measures will be a treasure drove to the business operators who will benefit from knowing border requirements in advance. They will avert unnecessary costs associated with vague requirements; Harmonization: This covers risk assessment measures at the border; basing measures on international standards (TFA principle derived from SPS Agreement). This will importantly create a predictable system thus reduce cost of compliance associated with fragmented application of regulations; Standardization: review and streamlining of formalities and documentary requirements; consistent and unvaried application of requirements at ports of entry; and review of fees and charges; Simplification: Pre-arrival processing; electronic payment acceptability; authorized operators; expedited shipment; perishable goods inspections, storage facilities and ease of release; acceptance of electronic and paper copies of required documents; single window; and SPS targeted pre-shipment inspection. This will inject a sense of predictability to the business operators and further spare them from incurring cost resulting from measures that may be much burdensome than necessary; Coordination: border agencies and operators; border agencies; and cross-border coordination with other countries.

  8. 8.

    The format can be found on the following link: http://www.wto.org/english/tratop_e/sps_e/transparency_toolkit_e.htm.

  9. 9.

    See document G/SPS/7/Rev.4, paragraph 2.8, which defines reasonable time as a minimum of sixty calendar days.

  10. 10.

    SPS Agreement Annex B.5.

  11. 11.

    The Doha Decision on Implementation-Related Issues and Concerns, WT/MIN(01)/17, paragraph 3.2.

  12. 12.

    There are two limited circumstances under which the denials may be made, namely: is already pending in the applicant’s case before any governmental agency, appellate tribunal, or court; or has already been decided by any appellate tribunal or court.

  13. 13.

    AFCFTA, Annex 4 Article 6.6.

  14. 14.

    TFA Article 7.3.6 and TFA Article 7.8.3.

  15. 15.

    WTO TFA Agreement provides for notification modality under which measures that Members are ready to implement immediately are scheduled under category A, those they wish to implement subject to self designated timeframe under Category B and lastly those they can only implement upon receipt of assistance in Category C.

  16. 16.

    These are namely transparency, harmonization, simplification, standardization and coordination.

  17. 17.

    WTO TF Facility.

  18. 18.

    Authors computation based on WTO data on percentage share of each measure of each measures by Sub-Sahara African Members of the WTO.

  19. 19.

    Author’s own computation from the WTO TFA Dataset.

  20. 20.

    WTO TFA Agreement provides for notification modality under which measures that Members are ready to implement immediately are scheduled under category A, those they wish to implement subject to self designated timeframe under Category B and lastly those they can only implement upon receipt of assistance in Category C.

  21. 21.

    Ahmad Mukhtar (2017) Enhancing Food Security in Africa Through Implementing the Trade Facilitation Agreement https://www.ictsd.org/bridges-news/bridges-africa/news/enhancing-food-security-in-africa-through-implementing-the-trade.

  22. 22.

    tralac (2018) Intra-Africa agricultural trade—an overview https://www.tralac.org/documents/events/tralac/1845-willemien-viljoen-intra-africa-agricultural-trade-tralac-poster-presentation-2018/file.html.

  23. 23.

    Ama et al. (2014).

  24. 24.

    Afrika and Ajumbo (2012).

  25. 25.

    United Nations Development Fund for Women (2009).

  26. 26.

    Afrika and Ajumbo (2012).

  27. 27.

    Tuka Fundira (2018) A Look at the Simplified Trade Regimes in East and Southern Africa http://www.ictsd.org/bridges-news/bridges-africa/news/a-look-at-the-simplified-trade-regimes-in-east-and-southern-africa.

References

Download references

Author information

Authors and Affiliations

Authors

Corresponding author

Correspondence to Tsotetsi Makong .

Editor information

Editors and Affiliations

Rights and permissions

Reprints and permissions

Copyright information

© 2020 Springer Nature Switzerland AG

About this chapter

Check for updates. Verify currency and authenticity via CrossMark

Cite this chapter

Makong, T. (2020). Correlating Nuances of Trade Facilitation and SPS from an Africa Perspective. In: Odularu, G., Hassan, M., Babatunde, M. (eds) Fostering Trade in Africa. Advances in African Economic, Social and Political Development. Springer, Cham. https://doi.org/10.1007/978-3-030-36632-2_3

Download citation

Publish with us

Policies and ethics