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Box 1. Steps in the certification process
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Certification of Organic Products by the European Union
In order to be marketed in the European Union (EU) as organic, goods that are imported into the EU from outside the union, must meet strict production and procedural standards, as well as specific import rules, which are outlined in Article 11 of Regulation EEC 2092/91. The general principle applied is that of equivalence. Agricultural production, processing, documentation, inspection and certification are required to be of equivalent standards to EU regulations. The regulations governing import of organic produce apply to crop and livestock products, both unprocessed and processed. The regulations do not have to be identical, but must prove comparable in effectiveness. This allows countries outside the EU to develop their own organic food production and certification systems. Inspection of all stages of the import chain including production, processing, export and import must be upheld.
Import under Article 11(1)
The EU laws allow registration of a non-EU country operating production rules and systems of inspection equivalent to those within the union. Registration requires an official diplomatic request to the European Commission in Brussels by the third country government. Applications from private bodies do not suffice. Registration means inclusion on a list. Countries recognized under regulation (EEC 2092/91), Article 11(1) Annex 94/92 are currently Argentina, Australia, Czech Republic, Hungary, Israel and Switzerland. Inclusion in the list is for a fixed term and it requires renewal.
The EU sends missions to check every 4-5 years that the countries still comply with EU regulations. Within these countries, there are inspection and certificate issuing bodies recognized by the EU. These can issue a certificate allowing the product to be imported into the EU by an importer approved by the competent body of the EU member state. In most cases, the approved inspection and certificate issuing bodies are the same and there are currently two in Argentina, seven in Australia, two in the Czech Republic, two in Hungary one in Israel and two in Switzerland. The inspection and certification bodies may be government departments or NGO’s. Being a listed country greatly facilitates the exporting process. Although each consignment of organic produce under Article 11(1) requires a certificate issued by an authority or body listed in Annex 94/92, there is no need for the importer to provide any further details, or evidence of inspection and certification in the country of origin.
Import under Article 11(6)
Soon after implementation of regulation 2092/91, the procedures for accessing the EU market through Article 11(1) were found to be ineffective and inhibited trade. This led to enacting of Article 11(6) under which importers may apply for an import authorization. The onus is very much on the importer. The EU does not process applications for import authorizations; they are investigated and approved by the competent authority in each of the member states. This measure was originally regarded as a provisional arrangement until 31 July 1995. However, its applicability has been extended in a number of occasions and most recently to 2005. Import authorization must be obtained for each importing country. There are some differences in criteria employed by different EU members in determining EU equivalence. Article 11(6) functions quite well but EU member states cannot agree on what constitutes equivalence, and apply their national standards. Although each country assesses equivalence, there is a process (Article 14) under which one country can dispute authorizations awarded by another country. Such disagreements can be resolved and a common position secured through negotiations in the EU headquarters in Brussels.
Import authorization is generally not required for every individual consignment but names the inspection body, producers, processors, exporters and importers. Authorization may be open ended or closed. Authorization may also be revoked. Minor changes, such as the addition of another related product from the same produce, may be added to authorizations, but substantial changes in the inspection body, product, producer, exporter or importer require fresh authorization. Once within the EU, organic produce may be re-exported to other member states without requirement for further authorizations. If an import authorization request (OB6 form) is received, for instance, by United Kingdom Register of Organic Food Standards (UKROFS) with inspection by a previously unchecked body, then equivalence is carefully checked. UKROFS do not charge for their services. When authorization to import is granted, all other EU countries are notified. Once authorization is given by one country for a producer inspection body, exporter combination, then this is likely to be accepted by another country although a full import authorization request has still to be made.
Although the majority of Article 11(6) authorizations name European inspection bodies, these may have contributed to the process in three different ways. First inspection is done by visiting European inspectors and in Kenya it is through group certification by the Soil Association of the UK. Secondly, inspection may be conducted by a local consultant employed by an European body such as the Organic Food Federation of UK, which has a similar arrangement with the Association for Better Land Husbandry (ABLH) in Kenya. Also, inspection can be carried out by a local office of a European body, through local staff and perhaps visited only once a year by a representative from the European certification body.
Institutions in organic certification in Kenya
Organic agriculture certification in Kenya has been pursued by Kenyan non-governmental organizations involved in sustainable agriculture. According to IFOAM (2001), Kenya has 16 registered member organizations involved in organic farming. Some of these organizations are community-based, non-governmental and church organizations. However, the ones that have initiated certification schemes include:
Kenya Institute of Organic Farming (KIOF) has a Soil Association (UK) trained certifier and its main target is farmer training and a two-year training program for the youth on organic farming and certification.
Association for Better Land Husbandry (ABLH) promotes organic agriculture and is involved in certification on behalf of the Organic Food Federation (OFF) of the UK. It has two fulltime certifiers based in Nairobi and Kakamega.
The Kenya Organic Farmers Association (KOFA) is a registered farmers lobby group whose members are trained in organic farming practices. Their main interest is to link its membership to markets. In September 2002 , KOFA, with the assistance of KIOF published the Kenya Organic Standards which represents a significant move towards a local certification scheme.
Other organizations which have shown an interest into organic farming certification include the Sustainable Agriculture for Community Development Program (SACDEP), in Thika, Central Kenya.
Currently, some local producers have been identified and certified to produce various organic food products for the European market. These include:-
Green Dreams Ltd certified by Organic Food Federation of the UK to produce salad lettuce
Vitacress Ltd certified by the Soil Association (UK) to produce spring onions, salads and baby carrots
Kenya Nut Company certified to produce macadamia nuts and coffee
Conclusion
Organic production in Kenya is perceived as a separate entity from normal agriculture representing an alternative practice in farming. Organic farmers have isolated themselves to some extent and find it difficult to lobby for legislation and public goodwill. Even though the majority of organic producers are members of organizations such as the Fresh Produce Exporters Association of Kenya (FPEAK), Lake Naivasha Riparian Association (LNRA), Kenya Flower Council (KFC) to mention a few, they have not yet benefited from advocacy. The Agricultural Act does not recognize organic agricultural producers yet there is an increase in intolerance to Kenya fresh produce due to residue levels and non-compliance to the maximum residue limits set by the EU.
Establishing a national authority on organic production and marketing is of utmost importance as local certification would represent a step towards EU recognition of equivalence of national standards under Article 11(1). The first step is forming a secretariat with members from KIOF, KOFA, ABLH, KFC, FPEAK, MOARD, HCDA and the Kenya Plant Health Inspectorate Service. The secretariat will be mandated to police conversion, certification, production and sale of such produce in order to protect the bona fide producers and consumers. Such a secretariat will remove the complex and uncoordinated certification standards that preclude producers being able to find markets in countries because their current certification system is not respected. The benefits of organic agriculture to the farming community and country as a whole will remain under exploited unless the marketing and certification of organic produce is enhanced in the near future.
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