15 TH MEETING OF THE EAST AFRICAN TESTING TECHNICAL SUB-COMMITTEE Snow Crest Hotel, Arusha, Tanzania io«to 12 th May, 201 0

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1 EAST AFRICAN COMMUNITY 15 TH MEETING OF THE EAST AFRICAN TESTING TECHNICAL SUB-COMMITTEE Snow Crest Hotel, Arusha, Tanzania io«to 12 th May, REPORT OF THE MEETING REF No. EAC/TF/ /2010 EAC SECRETARIAT ARUSHA, TANZANIA MAY 2010 (), ',-

2 \ '{d;;:~ ~;;:':..'".\VU~UiYAYA AFRI KAMASHA~!J/..,, ~""'"'~'''':'~,,~:c:..,;;;:"~:~,:;., ;' EASTAFRICAN COMMUNITY 15 TH MEETING OF THE EAST AFRICAN TESTING TECHNICAL SUB-COMMITTEE 10 th - 12 th May 2010, Snow Crest Hotel ARUSHA, TANZANIA REPORT OF THE MEETING 1.0 OPENING OF THE MEETING AND ADOPTION OF THE AGENDA 1.1 Introduction The meeting was held in accordance with the calendar of the EAC activities for the period May May 2010 and was attended by delegates from Burundi, Kenya, Rwanda, Tanzania and Uganda. The list of delegates is hereto attached as Annex Opening of the meeting and Election of Bureau In his opening remarks, the Principal Standards Officer from the EAC Secretariat, Mr. Willy Musinguzi, announced that the chairmanship had changed and ~;t- ~.~ 2

3 that Tanzania was to chair the meetings while Uganda was the rapporteur. He explained that consultations about the EAC Draft Regulations had been carried out by EAC secretariat in the Partner States. He informed members that comments from Partner States had been received and harmonized by legal personnel and that any other comments from the Testing Technical Subcommittee could be brought on board as soon as possible for inclusion in the final draft by the Draftsman. Delegates introduced themselves and Tanzania and Uganda were requested to nominate the Chairperson and the rapporteur respectively. Mrs. Kezia Mbwambo of Tanzania Bureau of Standards chaired the meeting while Mr. Deus Mubangizi of Uganda National Bureau of Standards was the rapporteur. In her remarks, the Chairperson welcomed members to the meeting. The Chairperson specially welcomed the delegate from Burundi because Burundi had not been represented in the previous TTSC meetings. 1.3 Adoption of the Agenda The Agenda was adopted and is hereto attached as Annex 11. A work programme was adopted and is hereto attached as Annex CONSIDERATION OF MATTERS ARISING FROM THE REPORT OF THE 14 TH EAC TESTING TECHNICAL SUB- COMMITTEE MEETING HELD IN KIGALI, RWANDA ON 29 th - 30 th APRIL The proposed study visit by the EAC TTSC on Laboratory Association The meeting emphasized the need for an umbrella body to work as a forum for laboratories at national i4l/ l. / 3

4 or regional levels. Such a forum or association would help laboratories share information and solve problems of mutual concern. In this light, the National Laboratory Association (NLA)of South Africa was identified as a model on which to benchmark. PTB was requested to fund the study visit to South Africa (NLA), but the PTB Project Coordinator advised the meeting to first source information and, if possible, invite experts with experience in such matters to talk to the testing Technical sub-committee before undertaking of a study visit. The meeting finally agreed as follows: 1. That National fora for laboratories be operationalised under the auspices of the TISC and in cognizance of the existing initiatives. 11. Information may be 0 btained from existing associations such as NLA and E-SALAMAto help In the operationalization 111. That the associations once formed be extended to regional level after consolidation at national level. 2.3 Laboratory Capability of Rwanda and Burundi The meeting agreed that Rwanda and Burundi submit the information about the laboratory testing capacity in their countries by 10 th July EAC Proficiency Testing brochures The meeting was informed that the brochures which had been designed were ready for printing but the printing had delayed. PTB was expected to print enough copies and distribute to Partner States and the EAC Secretariat. 2.5 Training of Trainers (ToT) on ISO

5 The meeting acknowledged that a number of ToTs had been carried out in the partner states except Rwanda and Burundi. It was agreed to continue carrying out the training on ISO/IEC standard using the trained trainers in the three partner states. PTB was requested to fund more training of trainers (ToT) in Rwanda and Burundi but the PTB Project coordinator said that PTB would no longer fund ToT because there were enough trained people in the region. He said that Rwanda and Burundi should concentrate on training on the standard and that PTB would facilitate the training including a trainer from any of the other partner states. 2.6 Dissemination of information to other laboratories The meeting agreed that members disseminate the information obtained from TTSC meetings to the other labs in their respective Partner States citing an example of the offer by ANALABSto train laboratory personnel in documentation. The meeting also agreed that contact persons in the partner states update contacts of testing laboratories in their respective states and submit the updated information by 31 st May Safe methods of disposal of chemicals and obsolete equipment The meeting discussed the issue and agreed that more training be carried out for laboratories. The Terms of Reference (ToR)of the working group on safe disposal of waste (WG2) were reviewed and are hereto attached as Annex IV. Mr. Philip Nzaire of RBS and Mr. David Koech of KEBS were appointed as Chairman and Secretary respectively of the working group. 5

6 The working group was tasked to carry out tasks as per the terms of reference. 2.8 Training offer by ANALABSof Kenya Mr. Joel Gikubu of KEBS informed the meeting that the offer for training by ANALABS did not cover transport, meals and accommodation of the trainees. He also explained that ANALABSis an accredited laboratory specializing in dairy products. The contact persons of Partner states were asked to disseminate the information to other laboratories, and that interested labs should put their requests through the TTSC contact persons. 2.9 Working Group on Chemical Metrology The meeting developed Terms of Reference for the working group on chemical metrology (WG3). Contact persons for the Partner States were asked to nominate members of the working group and submit the names by 31 st May The ToR for WG3 are hereto attached as Annex V Use of remnant PT samples The meeting discussed the use of PT samples that remain after distribution and agreed that they could be used as quality control samples in the laboratories. Labs could obtain them from the PT providers at a cost of USD 50 excluding transport costs Sustainability of Proficiency Testing schemes The meeting discussed the sustainability of PT schemes after the end of PTB project and came up with the followingproposals: i. Increasing the charges from USD 100 to 150 for participating labs in Africa and charge USD 300 for labs outside Africa. 6

7 11. Intensify the marketing of the PT schemes by sensitizing and bringing on board labs that are currently not participating The PT providers were asked to come up with the actual cost of PT provision and submit the information to TTSC for discussion to come up with alternative ways of meeting the costs Expansion of Proficiency Testing schemes The meeting agreed as follows: 1. That the contact persons initiate inter-laboratory comparisons of different scopes in their respective Partner States which could later graduate into PT schemes. Members reported that inter-lab comparisons were already running for different matrices such as cement, honey, pesticide residues, petroleum and fish. 11. That new PT matrices be developed from the inter laboratory comparisons to raise the number of PT schemes from 3 to at least Training on Equipment Maintenance and Servicing Mr. Joel Gikubu presented a draft proposal for the training from Jomo Kenyatta University. The meeting agreed that the final proposal be circulated to contact persons and be forwarded to PTB for funding. The contact persons were tasked to identify the participants of the course by considering labs from both the public and private sectors. It was proposed that the identification of participants be done by considering the users of equipment and the technicians who service the equipment. 3.0 REVIEW OF THE 2009/2010 WORKPLAN AND CONSIDERATIONOF THE 2010/2011 WORKPLAN The meeting reviewed the work plan for the year taking note of activities that had been carried out and those 7

8 that were not done. The activities that had not been done were rescheduled and included in the work plan. The new work plan was developed and is hereto attached as Annex VI. 4.0 CONSIDERATION OF VIEWS OF STAKEHOLDERS ON THE DRAFT EAC REGULATIONS FOR DESIGNATING LABORATORIES The meeting received and considered the comments on the draft EAC regulations for designation of laboratories which had been obtained from individual Member States by the EAC secretariat. The meeting incorporated the proposed changes that had come out of the 14 th TTSC meeting in Kigali. The new draft regulation incorporating views of stakeholders and the TTSC proposals is hereto attached as Annex VII. 5.0 ANNUAL REPORT OF THE TTSC The annual report for the TTSC is hereto attached as Annex VIII. RECOMMENDATIONS The Subcommittee recommends to EACSCas follows: i)training a) More training in identified areas be carried out in order to achieve adequate and competent laboratory personnel. Priority should be given to new member states; Rwanda and Burundi as their capacity is still low. 8

9 b) Strengthening of analytical skills within the testing laboratories through tailor made programmes be continued. ii) Proficiency Testing (PT) a) NSBs to carry out more awareness & marketing for the PT schemes in order to attract more laboratories and to ensure sustainability of the PT schemes. b) Approve the increase of participation fees from US$ 100 per PT matrix to US$ 150 to subsidize the cost of the consumables by the PT provider as agreed during the EACPT Evaluation workshop. iii) Approval of meetings of the Testing technical subcommittee as follows: a) Two regular Testing Technical subcommittee meetings. b) One planning meeting for PT providers. c) Onejoint PT Evaluation workshop d) One meeting for the Working Group on Waste Disposal (WG2) e) One meeting for the Chemical Metrology Working Group (WG3) iv) Draft EAC regulations for designation of laboratories The TTSC recommends that EASC approves the new draft for finalizing by the EAC legal Draftsman. 6.0 Any other Business 9

10 6.1 Update on laboratory testing activities from Burundi The delegate from Burundi was requested to update the meeting on Laboratory testing activities in Burundi. He informed the meeting that there are a number of active laboratories in Burundi including LACA,University of Burundi, CNTA, Burundi Bureau of Standards (BBN), SAC, ISABU, BRARUDI(Beer and soft drink factory), REGIDESO (Water and Electricity utility) among others. There are also a number of other laboratories including Medical, Pharmaceutical and Veterinary Laboratories. The meeting agreed to work towards ensuring close cooperation with the Burundi laboratories, through the contact person, to enable their participation in TISC activities. There being no further business, the meeting adjourned. 10

11 Signed on this 12 th day of May 2010 by the respective Heads of Delegations as below: ~ Philip Nzaire Rwanda Bureau of Standards REPUBLIC OF RWANDA Kezia M. Mbwambo Tanzania Bureau of Standards THE UNITED REPUBLIC OF TANZANIA Deus Mubangizi Uganda National Bureau of Standards REPUBLIC OF UGANDA \v ~~ JoblGikubu Kenya Bureau of Standards REPUBLIC OF KENYA ~- Nizeyimana DeOgrati~~ _ - Laboratoire de Controle ' nalyses Chimiques (LACA) REPUBLIC OF BURUNDI 11

12 15 TH MEETING OF TESTING TECHNICAL SUB - COMMITTEE OF THE EAST AFRICAN STANDARDS COMMITTEE 10 th to 12 th May 2010, Snow Crest Hotel, Arusha, Tanzania UGANDA LIST OF PARTICIPANTS 1. Mr. Deus Mubangizi Manager Testing Department Uganda National Bureau of Standards P. O. Box 6329, Kampala, UGANDA Tel: Fax: deus.mubangizi@unbs.go.ug deusdeditm@yahoo.com Annex I TANZANIA 2. Mrs Kezia Mwanga Mbwambo Chief Quality Assurance Officer Head Chemistry Laboratory Tanzania Bureau of Standards P.O Box 9524, Dar es Salaam, TANZANIA Tel: Fax: kmbwambo@yahoo.co.uk info@tbstz.org

13 3. Mrs Agnes Mneney Principal Quality Assurance Officer Head Food Laboratory Tanzania Bureau of Standards P.O Box 9524, Dar es Salaam, TANZANIA Tel: / Fax: Mr. Anthony Kazembe Laboratory Manager Intertek Oil, Chemical and Agri P. O. Box Dar es Salaam, TANZANIA Tel: /6 Fax: Mobile: KENYA 5. Mr. Joel N. Gikubu Chief Manager Testing Services Kenya Bureau of Standards P.O Box Nairobi, KENYA Tel: /605506/ Fax: Mr. David Koech Manager - Biochemistry Laboratory Kenya Bureau of Standards P.O Box Nairobi, KENYA Tel: / Fax: koechd@kebs.org 7. Mr. Joseph K. Githigi General Manager Karlsmarts Laboratory Services P. O. Box Nairobi, KENYA Tel: karlsmarts@yahoo.com.

14 RWANDA 8. Mr. Philip Nzaire Director, Testing Laboratories (Biochemical) Rwanda Bureau of Standards P.G Box 7099 KIGALI, RWANDA Tel: Fax: BURUNDI 9. Mr. Nizeyimana Deogratias Chef du Service de Physico-Chimie du LACA Laboratoire de Contr6le et d'analyses Chimiques Kinindo, rue Mugina, No. 11 Bujumbura Tel: (LACA)

15 Annex II 15 TH MEETING OF TESTING TECHNICAL SUB - COMMITTEE OF THE EAST AFRICAN STANDARDS COMMITTEE 10 th to 12 th May 2010, Snow Crest Hotel, Arusha, Tanzania AGENDA 1.0 Opening of the meeting 2.0 Consideration of Matters Arising from the Report of the 14 th meeting of the EASC Sub - Committee on Testing in Kigali, Rwanda 3.0 Consideration of views of stakeholders on the Draft EAC Regulations for designating laboratories 4.0 Review of the workplan and consideration of the workplan. 5.0 Annual Report 6.0 Any Other Business a) Update on laboratory testing activities from Burundi b) Collaboration of laboratories within the partner states

16 Annex III rs» MEETING OF THE EAC TESTING TECHNICAL SUB-COMMITTEE Snow Crest Hotel, Arusha, Tanzania 10 th -12 th May 2010 PROVISIONAL PROGRAMME OF WORK 1. Monday J()~Ma~,_,,' ""_'_' --+- :-T_i_rn_e_----: Registration and receipt of Documents hrs 2. Opening of meeting hrs 3. Consideration of matter arising from the 14 th meeting hrs of the EAC TISC in Kigali Technical Subcommittee Teal Coffee Break Consideration of matter arising from the 14 th meeting of the EAC TISC in Kigali Technical Subcommittee Lunch Break Consideration of views of stakeholders on the draft EAC regulations for designation of laboratories Teal Coffee Break Tuesday 111, - "Ii;'''' '", "", 6. Review of the 2009/2010 work plan and consideration of the 2010/2011 TISC annual work plan Teal Coffee Break Review of the 2009/2010 work plan and consideration of the 2010/2011 TISC annual work plan

17 Lunch Break Drafting of Terms of Reference for working groups Teal Coffee Break Wednesday 12 th May, Generation of report of activities for 2009/ hrs Teal Coffee Break Any other Business hrs Lunch Break Report writing Teal Coffee Break Consideration and adoption of the report

18 Annex IV. PROPOSED PLAN OF ACTION FOR THE SECOND PHASE OF THE EAC SQMT PROJECT Priority Area 1 TRAINING Planning period: 2010 to 2011 I Established: May 2010 Objective Indicators 5 trainers of ISO/IEC from Rwanda and 5 from Burundi trained by 2011 Adequate and competent Analytical skills to be gained by at least 5 personnel in relevant fields from each staff will be available to country by 2011 enable EAC receive 2 personnel per country to be trained in instrument maintenance and servicing international recognition in Establishment of National/Regional Laboratory Associations/fora testing services. Establish National Chemical Metrology structure Activities Responsibility Timeframe PTB Country Icounterpart contribution contribution 1.1 Training on ISO PTB/ contact Nov 2010 Funding Facilitation and logistics Persons TTSC 1.2 Attachment Training In NSB/Labs Ongoing - Facilitation and logistics analytical skills 1.3 Study visit to NLAfor the PTB/TTSC contact Feb 2011 Funding Facilitation and logistics members of subcommittee in persons (Alternative) regards to establishment of national or regional laboratory associations fora 1.4 Training on safe methods PTB/TTSC contact Ongoing - Facilitation and logistics of disposal of obsolete person equipment and chemicals

19 1.7 Training in PTB/TTSC Contact March Facilitation and Chemical Metrology persons logistics / Funding 1.6 Training in equipment PTB/contact person Nov 2010 Funding Facilitation and logistics servicing and maintenance Testing TSCs 1.7 Training in preparation of PTB/ contact person By February Funding Facilitation and logistics Secondary Reference Testing TSCs 2011 Materials (combined with PT evaluation) Priority Area 2 PROFICIENCY Planning Established: May 2010 TESTING period: 2010 to 2011 Objectives Indicator To expand the matrices for Maintain the current 3 EAC PT Schemes EAC Proficiency Testing Add at least 3 inter-comparison Schemes from 3 to 6 Add 3 more PT schemes Activities Responsibility Time frame PTB Country I counterp-.rt contribution contribution 2.1 Implement EAC PT PTB/ contact person Ongoing Funding Facilitation and schemes Testing SC logistics / funding 2.2 Hold Evaluation PTB/ PT providers, By February Funding Facilitation and logistics workshops contact person 2011 Testing SC 2.3 Planning and follow-up PTB/ PT providers / February 2011 Funding Facilitation and logistics meetings for PT providers contact person Testing SC 2.4 Initiate new inter- PTB/ PT providers / Ongoing - Facilitation and logistics compansons at contact person national/ regional level Testing SC

20 I I I Priority Area 3 Equipment & Planning period: 2010 Established: May 2010 Testing Capacity to 2011 Objectives Indicators To increase and avail information on Increase the number of the labs in database by 50% by March available equipment and testing Increased testing capacity in the region capability in the region Working group for safe disposal established Stockpiles data base available Safe disposal of stockpiles of Methods for safe disposal available for use obsolete equipment and chemical waste Activities Responsibility Timeframe PTB Country/counterpart contribution contribution 3.1 Update the laboratories capability Contact persons On going Technical Facilitation and inventory Testing SC support logistics 3.2 Carry out a survey and Update the PTB/ Jan 2011, - Facilitation and inventory on the stockpile of waste from WG2/Contact logistics/ Funding the Labs Person 3.3 Working group 2 to study disposal PTB/ Contact By Nov 2010 Funding Facilitation and techniques and give recommendations Person (based on logistics preliminary work) 3.4 Implementation of the PTB/ Contact Ongoing - Facilitation and recommendations of the working Person logistics groups in 3.4 above Priority Area 4 Reference Planning period: 2010 Established: May 2010 Materials to 2011

21 Objective Indicators Building capacity at National and Chemical metrology operationalised regional level in the production of Increased utilization and availability of Reference Materials Reference Materials RMs generated nationally j regionally Trained personnel in Secondary RMs increased Activities Responsibility Time frame PTB Country I counterpart contribution contribution 4.1 Produce identified Reference Contact person Ongoing Funding Facilitation and Materials Testing logistics SC/Labs 4.2 Training at least 2 people per PTBj Contact Feb 2011 Funding Facilitation and partner state in production of RMs persons TTSC logistics 4.3 Chemical metrology PTBj Contact Ongoing Funding Facilitation and persons in TTSC logistics Priority Area 5 Meetings I Planning period: 2010 to 2011 Established: May 2010 Objectives Indicator Proper planning, evaluation and monitoring Timely reports and feedback (reports and minutes) to stakeholders of performance Activities Responsibility Timeframe PTB contribution Country I counterpart contribution 5.1 Hold regular TT NSBsjTTSC February 2011 Technical support Facilitation, logistics subcommittee meetings and May 2011 and funding 5.2 Planning and follow up PTBjWG1jPT February 2011 Funding Facilitation and meetings for PT providers Providers logistical support

22 5.3 Joint PT Evaluation PTBjNSBs February 2011 Funding Facilitation and workshop logistical support Planning and follow up for NSBsjEAC Nov 2010 Funding Facilitation, funding waste disposal working group Secretariat and logistics (WG2)meeting 5.4 Chemical metrology By Nov 2010 working group (WG3)meeting

23 Annex V TERMS OF REFERENCE FOR CHEMICAL METROLOGY WORKING GROUP (WG3)~ 1. Report to the East African Testing Technical Sub-Committee 2. Identify internationally recognized Certified Reference Materials (CRMs)providers. 3. Identify priority areas for the regions for key comparisons in CMC 4. Provide a mechanism for production of secondary Reference materials for use at national or regional level 5. Establish linkages to international committee for weights and measures (CIPM) for participation in inter-laboratory compansons. 6. Identify sources of funding for chemical metrology activities. 7. Establish linkages and identify areas of common interest with the Metrology Technical Sub-committee

24 Terms of Reference for the Disposal Working Group ANNEX VI Reporting to the National contact person for the EAC-ITSC. To conduct a national survey of the stock piles of used chemicals and obsolete equipment that needs to be disposed. To liaise with National Environmental Authorities on the safe disposal mechanisms with a view of making recommendations To prepare a report detailing types, volumes/quantities of available stocks of waste chemicals/ obsolete equipment and where they are located. To Disseminate knowledge regarding safe ways of waste disposal at national level through national contact person

25 Annex VII EAST AFRICAN COMMUNITY TESTING LABORATORIES DESIGNATION REGULATIONS (Draft One) PART I' In exercise of powers conferred by section 28 of the East African Community Standardization, Quality Assurance, Metrology and Testing Act, 2006, the Council of Ministers makes this regulation this _ day of_ Preliminary Provisions Article 1 These regulations designating testing products subject to standards. specify procedures, requirements and conditions for laboratories to perform conformity assessment of national or regional technical regulations or mandatory Article 2 The Minister responsible for trade in a partner state shall designate testing laboratories to perform conformity assessment of products subject to national or regional technical regulations or mandatory standards upon fulfillment of conditions stated in Article 4. Article 3 Definitions 1. Accreditation is a procedure by which an authoritative body gives formal recognition that a body or person is competent to carry out specific tasks. 2. Competent Person is a person with the appropriate education, trairung, experience and/or demonstrated skills as required to perform specific tasks. 3. Designation is the nomination by a Designating Authority of a Testing laboratory as competent to perform specific test and measurement activities

26 in accordance with the provision of the Standardization, Quality Assurance,Metrology and Testing Act,2006, Section Designating Authority shall be the Minister responsible for trade in the partner state. The minister shall have authority to designate, monitor, suspend designation, or withdraw designation of Testing Laboratories under his/her jurisdiction. 5. Recognition is the acceptance of test reports from a designated testing laboratory by other member states. 6. Designated Testing laboratory means public or private testing laboratory designated by the Minister responsible for trade in a partner state. 7. Testing laboratory is a laboratory that performs tests and or measurements according to a defined procedure. Article 4 PART II Conditions and procedures for designation To be eligible for designation, a testing laboratory must: 1. be an entity legally established and operated under the law of a partner state; 2. have the capability and technical competence in performing the tests against the relevant standard; 3. comply to Standardization, Quality Assurance, Metrology and Testing Act, 2006,Section 12 (2) and 12 (3); 4. implement good laboratory practice according to relevant international standards and demonstrate one or more of the following: a) participation in at least one relevant proficiency testing scheme b) use of certified reference materials OR 5. be accredited by an internationally recognized accreditation body Article 5

27 Applications or enquiries for designation of testing laboratories should be addressed to the Minister responsible for trade in the respective partner states. The format for application, evaluation and assessment shall be as per annex 1 Article 6 Approval procedure for laboratories that are not accredited as defined in Article Approval is based on the evaluation of the application and on site assessment. 2. The Minister may delegate to a competent person or group of persons to carry out the evaluation and assessment and make recommendations regarding the laboratory's readiness for designation within one month after application. The assessment team shall comprise at least one trained assessor in the relevant standard. 3. After completion of evaluation by the Minister, the testing laboratory will be informed of the outcome of the application. This response shall not exceed one week. 4. Where a laboratory has been approved for designation, it shall be issued with designation certificate and a unique designation number. The certificate shall clearly indicate the relevant technical regulation or mandatory standard for which the designation is valid, including the scope of testing and measurement. 5. The certificate shall be valid for a period of three years. During this time the designated testing laboratory shall be subjected to surveillance assessment. This surveillance shall be carried out at least once a year or as determined by the designating authority. 6. The designated laboratory shall pay applicable fees as determined by each partner states from time to time. 7. The designated laboratory shall be granted permission to use designation logo and number on its test and measurement reports (Such logo shall be the one designed and authorized by the EAC Secretariat). Where the report includes results outside the scope of its designation these results shall be identifiable. 8. The designated laboratory shall notify the Minister of any changes which might have significant impact on laboratory capacity to provide tests and or measurements for which they are designated. 9. The Minister shall notify the East African Community Secretariat within one

28 week after a laboratory has been designated. The Minister shall be obliged to inform the East African Community Secretariat of any changes in the designation status of a designated laboratory. 10. The East African Community Secretariat shall be responsible for providing updated information regarding the designated laboratories to the partner states and maintain the data base. Article 7 Procedure for laboratories that are accredited in accordance with Sub-article Approval is based on the evaluation of the application and on assessment of the accreditation documentation. 2. The Minister may delegate to competent person or group of persons to carry out the evaluation and make recommendations regarding the laboratory for designation. 3. After completion of evaluation by the Minister, the testing laboratory will be informed of the outcome of the application. 4. Where a laboratory has been approved for designation, it shall be issued with designation certificate and a unique designation number. The certificate shall clearly indicate the relevant technical regulation or mandatory standard for which the designation is valid, including the scope of testing and measurement. 5. The certificate shall be valid for as long as the laboratory's accreditation remains valid. During this time the designated testing laboratory shall be subjected to surveillance assessment. This surveillance shall be carried out at least once a year or as determined by the designating authority. 6. The designated laboratory shall pay applicable fees as determined by each partner states from time to time. 7. The designated laboratory shall be granted permission to use designation logo and number on its test and measurement reports. Where the report includes results outside the scope of its designation these results shall be identifiable. 8. The designated laboratory shall notify the Minister of any changes, including changes to its accreditation status which might have significant impact on laboratory capacity to provide tests and or measurements for which they are designated.

29 The Minister shall notify the East African Community Secretariat once a laboratory has been designated. The Minister shall be obliged to inform the East African Community Secretariat of any changes in the designation status Article 8 PART III Rights and Obligations of the designated testing laboratory 1. Test reports from the laboratory designated under the provisionsof the Standardization, Quality Assurance, Metrology and Testing Act, 2006, Section 12, shall be accepted by other partner states. 2. The designated laboratory is obliged to adhere to the terms and conditions under which the laboratory is designated. 3. The designated laboratory is also obliged to adhere to the applicable national laws and regulations. 4. The designated laboratory is obliged to provide updates to the Minister in accordance with the provision of article 6(8) of these regulations. PART Post-designation IV Surveillance Article 9 As and when required, the Minister will have surveillance assessments and other non-routine assessments conducted by competent persons on the designated laboratories to ensure that standards of practice are maintained or to investigate complaints made against designated testing laboratories on matters related to their designation. Article 10 The Minister shall notify the partner states through the East African Community Secretariat on the status of the designated testing laboratory regarding the following: i) New designation; ii) Changes in scope of designation; iii) Suspension or withdraw of the designation of the testing laboratory;

30 iv) Re-instatement of designation. PART V Offences Article 11 Partner states shall in their approximated regulations provide for penalties for the offences in line with their applicable national laws. Article 12 PART VI Disputes and Appeals Disputes arising from the implementation of these regulations shall be settled in accordance with provision of the Standardization, Quality Assurance, Metrology and Testing Act, 2006, Section 26. PART VII Implementation provisions Article 13 Partner states are obliged to adopt and implement these regulations they are gazetted. from the time Article 14 These regulations will be reviewed and amended from time to time to reflect the prevailing realities in accordance with provision of the Standardization, Quality Assurance, Metrology and Testing Act, 2006, Section 28 (1).

31 Annex 1 Application Form for Laboratory Designation (to be filled in triplicate)- Please refer to the Regulation on Designation of Laboratories before completing this form. Part 1: Information regarding the applicant (to be filled by applicant): To:. Date of application:. Application fee: (AUach proof of payment) Initial application/ reinstatement (tick what is appropriate) The Laboratory name: Phone and fax numbers: Physical and postal address: Contact persons: 1: Scope of test( s) applied for: 2: Relevant standard(s) applied Number:

32 Part II: to be filled by Lead Assessor Recommendations by the Lead Assessor: Name:... Signature: Date: Part 11/:to be filled by the Designating Authority Approved/ not approved: Signature & seal: Date:

33 Annex VIII ANNUAL REPORT OF THE EAST AFRICAN TESTING TECHNICAL SUB-COMMITTEE FOR THE YEAR 2009/ ACTIVITIES UNDERTAKEN/PLANNED During the period from April 2009 to April 2010 two technical sub-committee meetings have been held and the following activities have been undertaken: 1.1 Training Undertaken The followingtraining was undertaken: 43 participants were trained in Quality control in analytical laboratory and measurement uncertainty during the evaluation workshop of the 4 th EAC PT round held in Arusha, Tanzania in February participants were trained in ISO standard in Dar es Salaam 14 participants were trained in Safe laboratory Waste disposal techniques in Arusha 1.2 Proficiency Testing (PT) Schemes Chemistry PT The activities of the 4 th round of the EAC chemistry proficiency testing scheme went on as scheduled. Samples were dispatched in September The matrices included edible salt, wheat flour and edible vegetable oil provided by TBS, KEBS and UNBS respectively. A total of 63 laboratories from Uganda, Kenya, Tanzania, Mauritius, Malawi, Madagascar and Rwanda participated in the 4 th round. One joint PT evaluation workshop was held successfully in Arusha, Tanzania on February 2010 to present the results of the 4 th round.

34 Dispatch of samples for the 5 th round of the EAC PI' IS scheduled for September Participation in other PTs EAC laboratories also participated in other P'I' schemes including SADCMET water Chemistry provided by NAM Water of Namibia and Microbiology provided by UNBS. Coordination of PT in new member states Burundi has identified Mr. Nizeyimana Deogratias as the contact person for Regional P'I' schemes in Burundi. 2.0 CHALLENGES a) Awareness of SQMT activities to stakeholders was still low. b) Inadequate maintenance & services of analytical equipment. c) Participation of labs in Pf schemes still low d) Safe disposal of chemical and other laboratory waste e) Availability and high cost of Reference material f) Inadequate resources to carry out committee activities 3.0 RECOMMENDATIONS The Subcommittee recommends to EACSCas follows: i)training a) More training in identified areas be carried out in order to achieve adequate and competent laboratory personnel. Priority should be given to new member states; Rwanda and Burundi as their capacity is still low. 2

35 b) Strengthening of analytical skills within the testing laboratories through tailor made programmes be continued. ii) Proficiency Testing (PT) a) NSBs to carry out more awareness & marketing for the PT schemes in order to attract more laboratories and to ensure sustainability of the PT schemes. b) Approve the increase of participation fees from US$ 100 per PT matrix to US$ 150 to subsidize the cost of the consumables by the PT provider as agreed during the EAC PT Evaluation workshop. iii) Approval of meetings of the Testing technical subcommittee as follows: a) Two regular Testing Technical subcommittee meetings. b) One planning meeting for PT providers. c) One joint PT Evaluation workshop d) One meeting for the Working Group on Waste Disposal (WG2) e) One meeting for the Chemical Metrology Working Group (WG3) iv) Draft EAC regulations for designation of laboratories The TTSC recommends that EASC approves the new draft incorporating stakeholder comments for finalizing by the EAC legal Draftsman. 4.0 CONCLUSION The sub-committee requests this meeting to adopt the report as presented. 3