EALA passes Non Tariff Barriers Bill

By Vision Reporter

It is now official. Non-Tariff Barriers (NTBs) shall soon be a thing of the past following the enactment of the EAC Elimination of Non-Tariff Barriers Bill, 2015 by EALA. 

The Bill sailed through the third reading after intense debate by legislators late Wednesday.

Debate on the Bill commenced Monday evening but was adjourned following a motion introduced by the Chair of the Council of Ministers, Dr Abdullah Saadalla Abdullah to allow for further consultations.  

Prior to that, several members had risen and made pertinent submissions in support of the Bill.

Peter Mathuki called for an end to the encumbrances saying NTBs were responsible for slowing progress of integration.
In his maiden speech shortly after swearing in, Martin Ngoga said it was necessary for safeguards to be inculcated in the bill. 

He cited Clause 14 on exchange of information related to NTBs by the national focal points as one that needs regulation in terms of specific reporting timeframe.

Abdullah Mwinyi said it was time to institute effective sanctions for non-performance to stem out NTBs, which he stated often recurred.

Other Members who rose in support of the Bill were Chris Opoka, Valerie Nyirahabineza, Straton Ndikuryayo, AbuBakr Ogle and Leonce Ndarubagiye.

When the House resumed, the Bill sailed through the second reading prompting the House to reconstitute itself into the Bill Committee Stage to scrutinize it on a clause by clause mode. 

At this stage, various amendments to the Bill were introduced by Members.

The object of the Bill, which is moved by the Council of Ministers, is to provide a legal mechanism for the elimination of identified non-Tariff barriers in Partner States.

The Bill, according to the Council, seeks to give effect to Article 13 of the Protocol on the Establishment of the EAC Customs Union in which Partner States agreed to remove with immediate effect, all existing NTBs to the importation into their respective territories of goods originating in the Partner States. 

At the same time, this would have the effect of not imposing any new NTBs.  The Council Bill also sought to establish a mechanism for identifying and monitoring the removal of NTBs within the Partner States.

The debate was preceded by adoption of the report of the Committee on Communication, Trade and Investment which considered the Bill last week. 

The Committee led by Mukasa Mbidde met with the Council of Ministers and experts from the Customs and Trade Directorate at the EAC Secretariat and proposed amendments to the effect that respective ministries of the EAC in each Partner State be mandated to be national focal points for matters related to NTBs.

The Committee further proposed an amendment to clause 12 (on failures of removal of NTBs) to provide for reference at the East African Court of Justice by any person aggrieved by a directive, decision or recommendation of the EAC Council of Ministers or the EAC Committee on Trade remedies.

EAC prepares a quarterly report on the status of the elimination of NTBs. This boosts on-going efforts by the National Monitoring Committees and the EAC Regional Forum on NTBs to redress NTBs affecting intra-EAC Trade.