Non-Tariff Barriers

Complaint

Complaint number

NTB-000-497  

NTB Type

5.1. Quantitative restrictions  

Complaint

Swaziland is to impose Quantitive import restrictions on imported edible cooking oil from within the SADC region as well as 15% import duties over and above the quantitive restriction. Such has happen already on Wheat Flour and after 8 years of 'Infancy Protection', NO IMPORT permits are issued to date. Court Case is currently being heard by the High Court of Swaziland. (Various Stakeholders versus Government of Swaziland)  

Status note

At their meeting held on 23 May 2013, the SCTF recalled Articles 3 and 7 of the Trade Protocol, on elimination of trade barriers and quantitative restrictions. Swaziland reported that measure was implemented in the context of the SACU, which provides for quantitative restrictions and protection of infant industry protection. SCTF requested Swaziland to provide its relevant national legal instrument and information on how the measure is applied including whether or not it is applicable to trade with non-SACU SADC FTA Member States. Swaziland undertook to provide the information as requested. Swaziland submitted the legislation as per requirement . This NTB is therefore resolved .  

Progress update note

1. On 29 November 2015, Swaziland Focal point reiterated that the measure was imposed basedn on Legal Notice No. 117 of 2012. Article 25:3 of the SACU Agreement permits any SACU member state to prohibit or restrict the importation into its area of goods grownn , produced, or manufactured in other areas of the Common Customs Area for the purpose of protecting its own industries producing such goods.

The 15% levy covers all countries that are/ may be exporting edible oil into Swaziland i.e. SACU, SADC, COMESA, EFTA, EU, WTO. The levy is on the edible oil entering into Swaziland, irrespective of its origin. When it was imposed, South Africa was the only country that was exporting edible oil into Swaziland and that is why Swaziland took the SACU safeguard route.

The measure camem inot effect in August 2012 and will last for a period of 8 years

2. On 20th July 2013, the SADC sent a folow up request to Lesotho Focal Point to provide the necessary legislations . Response is still being awaited.

3. At their meeting held on 23 May 2013, the SCTF recalled Articles 3 and 7 of the Trade Protocol, on elimintation of trade barriers and quantitative restrictions. Swaziland reported that measure was implemented in the context of the SACU, which provides for quatitative restrictions and protection of infant industry protection. SCTF requested Swaziland to provide its relevent national legal instrument and information on how the measure is applied including whether or not it is applicable to trade with non-SACU SADC FTA Member States. Swaziland undertook to provide the information as requested.  

Policy or regulatory NTB

Yes 

Location

Eswatini: Bordergate (Border post)  

Reporting Country or Region

South Africa  

Country specific trade issue

No  

Date of incident

2012-05-08  

Status

Resolved  

Date of resolution

2015-12-03  

Product Description

Edible Refined Cooking oil including Sunflower, Soya Bean, rape seed and Palm Oil

Computer-assisted translation

• English
• Arabic
• French
• Portuguese

×

Close window

 

Total value

0  

Date reported

2012-05-09 14:46  

Modified

2016-01-15 12:17