Standardization, Quality Assurance, Metrology and Testings

Standardization, Quality Assurance, Metrology and TestingsTHE EAST AFRICAN COMMUNITYDate of assent: 10th September, 2006Date of commencement: 1st August, 2007An Act of the Community to make provision for ensuringstandardisation, quality assurance, metrology and testing ofproducts produced or traded in the Community in order tofacilitate industrial development and trade; to make provision forensuring the protection of the health and safety of society and theenvironment in the Community; to establish the East AfricanStandards Committee and the East African Accreditation Board;and to provide for related matters.ENACTED by the East African Community and assented to by the President ofthe United Republic of Tanzania, the President of the Republic of Kenya and thePresident of the Republic of Uganda.1. (1) This Act may be cited as the East AfricanCommunity Standardization, Quality Assurance, Metrology andTesting Act, 2006.(2) This Act shall come into force on such date as theCouncil may by notice in the Gazette appoint.2. In this Act unless the context otherwise requires—"accreditation" means third-party attestation related toa conformity assessment body conveying formaldemonstration of its competence to carry outspecific conformity assessment tasks;Citation andCommencement.Interpretation."Board" means the East African Accreditation Boardestablishment under section 11 of the Act;53

Standardization, Quality Assurance, Metrology and Testings"metrology unit" means the seven Le SystemeInternational d'Unites (SI) base units, namely themetre kilogram second, ampere, Kelvin, mole andcandela or any SI derived unit expressed in termsof the SI base units and supplementary units;"metrology" means science of measurements andincludes scientific, industial and legal metrology;"national focal point: means a Partner State liaisonoffice that handles or coordinates an element ofconformity assessment in the absence of anational accreditation body;"normative document" means a document developed andapproved by the Committee, that resembles an EastAfrican Standard, but which for reasons of urgency,cost, or expediency, has not achieved the samedegree of consensus as an East African Standard;"Partner States" means the United Republic of Tanzania,the Republic of Kenya, the Republic of Uganda andany other country granted membership to theCommunity under Article 3 of the Treaty;"person: means a natural or legal person;"product" means goods and services designed to bereleased or launched in a market;"quality assurance" means that part of the coordinatedactivities to direct and control an organizationwith regard to quality, focused on providingconfidence that quality requirements shall befulfilled;"quality system" means the totality of policy, legal,infrastructure and institutional arrangements thatprovide support and services in standards,metrology, testing, certification and accreditationin both the regulatory and non-regulatory domain;56

Standardization, Quality Assurance, Metrology and Testings"reference material" means material or substance oneor more of whose property values are sufficientlyhomogeneous and well established to be used forcalibration of an apparatus, the assessment of ameasurement method, or for assigning values tomaterials;"secretariat" means the Secretariat established by asdefined in the Treaty;"standard" means a document approved by a recognizedbody that provides for common and repeated use,rules, guidelines or characteristics of products andtheir related processes or production methods, withwhich compliance is not mandatory and may coverterminology, symbols, packaging, marking orlabeling requirements as they apply to a process orproduction method;"standardization" means the activity of establishing,with regard to actual or potential problems,provisions for common and repeated us, aimed atachievement of optimum degree of order in agiven context;"summit" means the Summit of Heads of State of theEast African Community established by Article 9of the Treaty;"technical regulation" means a document that laysdown product characteristics or their relatedprocesses or production methods, includingadministrative provisions, with which complianceis mandatory and may cover terminology,symbols, packaging, marking or labelingrequirements as they apply to a product, processor production method;"testing" means determination of one or morecharacteristics of and object of conformityassessment, according to a procedure;57

Standardization, Quality Assurance, Metrology and Testings4. (1) There is established a Committee to be known as theEast AfricanStandardsEast African standards Committee.Committee.(2) The functions of the Committee shall be to—(a)(b)(c)(d)(e)(f)undertake and coordinate activities related tostandardization, metology and conformityassessment;develop and establish frameworks that advancecompliance by the Partner States with theirobligations under this Act;set out priorities and prepare implementationprogrammes with regard to standardization,metrology and conformity assessment activities atnational and Community levels consistent withthe provisions of the Act;monitor and keep under constant review theimplementation of the standardization, metrologyand conformity assessment programmes atnational and Community levels;submit standards, reports and recommendationsto the Council on its own intiative or upon requestof the council concerning the implementation ofthe Treaty that affect standardization, metrologyand conformity assessment;establish procedures for the development,approval, gazetting and withdrawal ofharmonised East African Standards including theadoption of these standards at the national levels;establish liaison mechanisms with other regionaland international organizations consistent withthe objects of this Act;monitor and keep under constant review theeffectiveness of the national WTO TBTAgreement enquiry points; andhear appeals with regard to administrativemeasures for Compulsory Standards implementedin the Partner States;59

Standardization, Quality Assurance, Metrology and Testings(j)perform other functions consistent with theobjects of this Act, or as directed by Council.(3) In carrying out its functions, the Committee shallhave due regard for the requirements and obligations of the WTOTBT Agreement.(4) The Committee shall comprise—(a)(b)(c)two chief executives from the national qualitysystem institutions designated under section 6 (1)(a), (b) and (c), from each Partner State;one representative of private sector testinglaboratories and certification organizations fromeach Partner State; andtwo representatives of national manufacturingassociations, trading associations and consumerorganizations from each Partner State.(5) The Committee, may establish subcommittees toassist it in its operation.(6) The Committee, in executing its responsibilities,shall liaise with regulatory authorities in the Partner States.(7) The Committee shall—(a)(b)(c)(d)meat at least once every year and may holdextraordinary meetings at the request of anyPartner State;be chaired in rotation among the Partner States,corresponding to the tenure of the Summit;take decisions by consensus; anddetermine its own procedures.Establish- 5. (1) There is established a liaison office to providement andadministrative support to the Committee.Functions ofthe LiaisonOffice.60

Standardization, Quality Assurance, Metrology and Testings(2) The functions of the liaison office shall be to—(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)facilitate and provide logistical support for theCommittee and the Board;provide input into the deliberations of theCommittee in establishing priority areas forstandardization, metrology and conformityassessment programmes at national andCommunity levels;provide logistical support to the Committee in thedesign and management of Community projectsfor the implementation of standardizationmetrology and conformity assessment activities;arrange for public review of draft East AfricanStandards to solicit for comments by interestedparties;arrange for the presentation of draft East AfricanStandards to the Council for declaration as EastAfrican Standards and for the gazetting of theStandards;maintain the catalogue and authoritative text ofthe declared East African Standards;coordinate and provide regional and internationalnotification regarding East African Standards;facilitate responses to enquiries with respect tostandards and technical regulations;facilitate the liaison of regional standardization,metrology and conformity assessment activitiesto other relevant sub-regional, regional andinternational activities;identify training needs and areas for capacitybuilding in standardization, metrology andconformity assessment for the Committee;61

Standardization, Quality Assnaince, Morologv and 1(''.stings(k)publicise and promote standardization, metrologyand conformity assessment activities:(1) coordinate the activities of the Committee;(m)(n)(o)(p)report to the Committee on the implementation ofdecisions of the Council related to standardization,metrology and conformity assessment;prepare budgets and work plans of theCommittee;perform any other activity requested by theCommittee; andperform other function consistent with the objectsof this Act.Designationof NationalInstitutions.6. (1) Each Partner State shall designate a national qualitysystem institution to function as—(a)(b)(c)(d)a national standards body;a national metrology institutea national legal metrology department; anda national accreditation body.(2) An institution designated under subsection (1) maybe a single institution combining a number of responsibilities, ortwo or more institutions each with its own designatedresponsibilities.(3) A designated institution shall on request provideinformation to another designated institution in respect ofstandardisation, metrology and conformity assessment.NationalStandardsBodies.7. (1) A national standards body designated under section6(1) (a) shall—(a) develop and publish national standards in linewith internationally recognized procedures;62

Standardization, Quality Assurance, Metrology and Testings(b)(c)(d)(e)(f)liaise with relevant regional and internationalorganizations with the similar objectives;give effect to the decisions and recommendationsof the Council and the Committee with regard toEast African Standards;promote and facilitate the use of standards as thebasis for the development of technical regulations;provide standards and standard relatedinformation to the public and private sectors; andpromote the concept of standardization in general.(2) A national standards body shall represent orcoordinate representation of the Partner State on—(a) relevant regional and internationalstandardization organizations such as the AfricanRegional Standards Organization (ARSO), theInternational Organization for Standardization(ISO); the International Electro-technicalCommission (IEC); and(b)the Committee8. (1) A national metrology institute designated undersection 6 (1) (b) shall—NationalMetrologyInstitutes.(a)(b)(c)realise, maintain and act as custodian of thenational measurement standards according to theneeds of the private and public sectors and inaccordance with international standards;disseminate units of measurement and maintain atraceability chain;ensure that the national measurement capabilitiesare appropriately tied to the international mutualrecognition arrangement on measurementcapability;63

Standardization, Quality Assurance, Metrology and Testings(d) liaise with region al and internationalorganizations with the similar objectives;(e) give effect to the decisions and recommendationsof the Council and the Committee with regard tometrology;(f)(g)provide information on metrology to the publicand private sector; andpromote the concept of metrology in general.(2) A national metrology institute shall represent orcoordinate representation of the Partner State on—(a)(b)(c)relevant regional and international metrologyorganizations, such as the Bureau International dePoids et Mesures (BIPM);the International Committee of weights andmeasures (CIPM) Mutual RecognitionArrangement; andthe Committee.NationalLegalMetrologyDepartments.9. (1) A national legal metrology department designatedunder section 6 (1)(c) shall—(a)protect society form the consequences of falsemeasurements in public and private transactionsin the work environment and the health and safetysectors;(b)(c)(d)approve or ensure approval by another designatedinstitution, measuring equipment to be used for apublic or private transaction in the workenvironment and the health and safety sectors;control the use of measuring equipment in publicand private transactions;control the use of measuring equipment in thework environment and the health and safetysectors;64

Standardization, Quality Assurance, Metrology and Testings(e)(f)(g)(h)(i)(j)(k)control pre-packaging of products;liaise with regional and international organizationswith similar objectives;give effect to the decisions and recommendationsof the Council and the Committee with regard tolegal metrology;provide information on legal metrology to theprivate and public sectors;promote the concept of legal metrology ingeneral;ensure that legal metrology measurementstandards are traceable to national measurementstandards; andperform other functions consistent with theobjects of this Act.(2) A national legal metrology department shallrepresent or coordinate representation of the Partner State on—(a)(b)(c)relevant regional and international legalmetrology organizations, such as theOrganization Internationale de Metrologie Legale(OIML);the International Committee of Weights andMeasures (CIPM) Mutual RecognitionArrangement; andthe Committee.10. (1) A national accreditation body designated undersection 6(1)(d) shall—(a)accredit conformity assessment bodies andpersonnel within a Partner State;NationalAccreditationBodies.(b)monitor international activities relevant to its ownactivities;65

Standardization, Quality Assurance, Metrology and Testings(c)(d)(e)(f)represent the Partner State on the relevantregional and international accreditation bodies;enter into agreements on mutual recognition withregional and international accreditation bodies;give effect to the decisions of the Board and theCouncil; andpromote the concept of accreditation in general.(2) A national accreditation body designated undersection 6(1) (d) shall be recognized by the Partner Statesprovided that the body demonstrates that it is pursuinginternational recognition or is internationally recognized by theInternational Accreditation Form.East AfricanAccreditationBoard.11. (1) There is established board to be known as the EastAfrica accreditation Broad.(2) The Board shall comprise the chief executives of thenational accreditation bodies and the national focal points.(3) The functions of the Board shall be to—(a) facilitate cooperation and coordinateaccreditation activities to avoid duplication offunctions of the national accreditation bodies andnational focal points;(b)(c)facilitate accreditation of conformity assessmentservice providers within the Partner States; andpromote the acceptability of test, certification andinspection results from accredited organizationswithin the Community.(4) The Board shall—(a) meet at least once every year, and may holdextraordinary meetings at the request of anyPartner State;66

Standardization, Quality Assurance, Metrology and Testings(b)(c)(d)be chaired in rotation among the Partner States,corresponding to the tenure of the Summit;take decisions by consensus; anddetermine its own procedures.12. (1) Partner States may establish or designateorganizations to function as test laboratories to provide scientificand technical services.TestLaboratories.(2) Where a test laboratory is established or designatedunder section 12 (1), it shall—(a)(b)(c)(d)(e)(f)supply information on analysis methods andcomparative testing to other laboratories;co-ordinate the development of new analyticalmethods;organize and participate in inter-laboratorycomparisons and proficiency testing schemesbetween various national, regional andinternational laboratories;ensure that certified reference materials instrategic areas, for quality control are available;ensure that adequate and competent staff isavailable; andpursue accreditation.(3) Partner States shall ensure that test laboratoriesestablished or designated under section 12(1)—(a)(b)(c)have qualified staff with sufficient knowledge ofthe relevant techniques;have sufficient resources for carrying out therelevant tasks;have suitable infrastructure to enable them toperform the required tests; and67

Standardization, Quality Assurance, Metrology and Testings(d) operate quality management systems inaccordance with the relevant internationalstandards.(4) Where a designated test laboratory of a PartnerStates is accredited, the other Partner States shall accept the testresults and test reports of that test laboratory.(5) Where a designated test laboratory of a Partner Stateis not accredited, the other Partner States may accept the testresults and test reports from that laboratory by agreement.DevelopmeatofEast AfricanStandards.Declarationof EastAfricanStandards.13. (1) An East African Standard shall be developmentjointly by the national standards bodies of the Partner States.(2) An East African Standard shall be development inaccordance with procedure approved, published and maintainedby the Committee.14. (1) The Council may by notice in the Gazette declare astandard for any product or for the manufacture, production,processing, treatment or performance of any product, or for anyprocess, installation construction, testing, operation or use of anyarticle or device to be an East African Standard.(2) The Council may amend or withdraw an EastAfrican Standard.(3) The Council shall before declaring an East AfricanStandard ensure that—(a)(b)the standard is set or amended in accordance withprocedures developed, published and maintainedby the Committee; andthe interests of all relevant parties, including themanufacturer, supplier and consumer areconsidered.(4) Only a standard declared by the Council shall becalled and East African Standard.68

Standardization, Quality Assurance, Metrology and Testings(5) A declaration or amendment of an East AfricanStandard shall be sufficient where the Gazette notice states thetitle and number of the standard.15. (1) Within six months of the declaration of an EastAfrican Standard, the Partner States shall adopt, withoutdeviation from the approved text of the standard, the East AfricanStandard as a national standard and withdraw any existingnational standard with similar scope and purpose.(2) The national standards bodies of the Partner Statesshall publish the text of the adopted East African Standard as anational standard in accordance with ISO/IEC Directives.16. (1) The Committee may develop and approve anormative document to serve as an East African Standard.Adoption ofEast AfricanStandardsby PartnerStates.Normativedocuments.(2) For purposes of urgency, a normative document shallbe developed in place of an East African Standard.(3) A normative document shall be valid for a period oftwo years from the date of approval by the Committee.(4) The committee shall publish guidelines for thecompilation and publication of normative documents.(5) The normative documents shall be published by thenational standards bodies of the Partner States in a manner thatdistinguishes them from East African Standards.Catalogue17. (1) The Secretariat shall maintain a catalogue of EastandAfrican Standards and normative documents.authoritativetext of EastAfrican(2) The catalogue shall be made available to the public Standards.by the Secretariat in such format as the Council may direct.(3) The catalogue shall include—(a)(b)the title and number of the East African Standardor normative document; anda summary of the scope and purpose of that EastAfrican Standard or normative document.69

Standardization, Quality Assurance, Metrology and Testings(4) The Secretariat shall maintain the authoritative textof each East African Standard an normative document in hardcopy and electronic format, in a manner that ensures the integrityof the text.Copyrightandpublicationof EastAfricanStandards.18. (1) Not with standing any other law—(a)the copyright in any East African Standard orother normative documents shall vest in thenational standards bodies of the Partner States; and(b)the national standards bodies of the Partner Statesshall not be deprived of a copyright in paragraph(a) where a standard or a provision of the standardis incorporated in a law in terms of the provisionsof any law.(2) A person shall not without the authorization of anational standards body of a Partner State; publish, reproducerecord of transmit any document or any part of a document inrespect of which a copyright vests under subsection (1),Declaration,PublicationandImplementation ofCompulsoryStandards.19. (1) The Council on the recommendation of theCommittee and subject to the expiry period in subsection 6 (d)may declare an East African Standard or a provision of thatstandard to be a compulsory standard throughout the Community.(2) The declaration of a compulsory standard shall be to—(a)(b)(c)(d)prevent deceptive practices;protect human health and safety;protect animal or plant life or health; andprotect the environment(3) The Council on the recommendation of theCommittee may amend or withdraw a compulsory standard.(4) The Committee shall when recommending to theCouncil that an East African Standard be declared a compulsorystandard, ensure, that-70

Standardization, Quality Assurance, Metrology and Testings(a)(b)(c)(d)(e)the problem to be solved is precisely stated;the intervention is based on clear evidence thatgovernment action is justified;it is not practicable to achieve the purpose of thestandard other than by declaring it a compulsorystandard;the required legislation and infrastructure toenforce the compulsory standard in the PartnerStates are in place; andappropriate notification under the WTO TBTAgreement has been forwarded to the WTOSecretariat.(5) The Council shall, before declaring an East AfricanStandard a compulsory standard publish in the Gazette and in atleast one newspaper of national circulation in each Partner State,a notice of its intention to declare a compulsory standard.(6) The notice under subsection (5) shall—(a)(b)(c)(d)contain the number and title of the East AfricanStandard;state the reason for declaring it a compulsorystandard;contain the addresses where the complete text ofthe East African Standard may be viewed orobtained from; andinvite objections from any interested person to belodged with the Council, within sixty days in amanner as the Council may specify in the notice.(7) The Council shall not declare an East AfricanStandard a compulsory standard, unless all persons who lodgedobjections under subsection 6(d) have been given an opportunityto be heard.71

Standardization, Quality Assurance, Metrology and Testings(8) Upon declaration of a compulsory standard, theCouncil shall publish a notice in the Gazette to that effect.(9) The notice of the compulsory standard in the Gazetteshall contain—(a)(b)the number and title of the compulsory standard;andthe proposed date of implementation of thestandard.(10) Within three months of the declaration of acompulsory standard, each Partner State shall ensure that thecompulsory standard is implemented in its territory.(11) The Partner States shall approximate their conformity assessment modalities applicable for demonstratingcompliance with compulsory standards.(12) A product within the scope of a compulsorystandard which is approved by a public regulatory authority of aPartner State appointed under section 21 shall be accepted by thepublic regulatory authorities of the other Partner States withoutimposition of any additional requirements.(13) Subsection (12) shall only apply after the PartnerStates approximate their conformity assessment modalities asrequired under subsection (11).RegulatoryAuthoritiesin PartnerStates.20. (1) Each Partner State shall appoint public regulatoryauthorities to administer compulsory standards.(2) Each Partner State shall notify the Secretariat andthe Partner States of the public regulatory authorities appointedunder subsection (1).(3) The Partner States shall ensure that the publicregulatory authorities—(a)(b)administer the compulsory standards;monitor and take measures to ensure compliancewith the compulsory standards;72

Standardization, Quality Assurance, Metrology and Testings(c)(d)(e)(f)(g)grant approval for the manufacture of products,operation of processes and rendering of servi^:,to which a compulsory standard applies, whenrequired;grant approval for trading, distribution, selling orbringing into circulation products and renderingof services to which a compulsory standardapplies, when required;apply sanctions in cases of non compliance withthe compulsory standards;collect fees and levies payable in respect ofproducts, and processes to which a compulsorystandard applies; andmake recommendations to the Committee on thepublication, amendment and withdrawal ofparticular compulsory standards.21. (1) Each Partner State shall register technically competentnational conformity assessment service providers includinginspection agencies, test laboratories and certification organizationsto provide services in support of the implementation of compulsorystandards in its territory, and shall notify the Secretariat and theother Partner States accodingly.ConformityAssessmentProvidersforCompulsoryStandards.(2) A national conformity assessment service providermay be a person or a private or a public entity registered underthe laws of the Partner State.(3) A national conformity assessment service providerthat loses its technical competency or fails to conform to anylegal requirements shall be suspended and where the serviceprovider does not regain its technical competence or comply withlegal requirements within a period of six months from the date ofsuspension, it shall be deregistered by the Partner State.(4) Suppliers of products and processes shall procureconformity assessment services in compliance with compulsorystandards, from registered national conformity assessmentservice providers or from accepted foreign conformityassessment service providers.73

Standardization, Quality Assurance, Metrology and Testings(5) A Partner State shall notify the other Partner Statesof its intention to accept conformity assessment results fromforeign conformity assessment service providers in theadministration of specific compulsory standards and the basis forthis acceptance.(6) A foreign conformity assessment service providershall be a person or a private or a public entity registered as suchunder the laws of a foreign country.(7) Each Partner State shall maintain a register of allnational and foreign conformity assessment service providersand make it accessible to the public.(8) Each Partner State shall ensure that its regulatoryauthorities accept as far as is practicable, inspection results, testresults and certifiction from conformity assessment serviceproviders notified by the other Partner States.EnforcementofCompulsoryStandards.22. (1) No person shall manufacture, trade distribute, sell,supply or bring a product that is within the scope of acompulsory, standard into the Community unless the productconforms to the requirements of the compulsory standard.(2) The Partner States shall ensure that their publicregulatory authorities suspend the manufacture, tradingdistribution or sale of products that do not conform tocompulsory standards.(3) Where products already on the market do notcomply with the compulsory standards, the regulatory authorityshall—(a)(b)(c)order the importer of supplier of the product toremove the product from the market;order the importer of the product to return it to thecountry of origin; andconfiscate and destroy the product.74

Standardization, Quality Assurance, Metrology and Testings(4) In addition to the powers in subsections (2) and (3),the Partner States shall apply their national legislation in theenforcement of compulsory standards.(5) Any person aggrieved by a decision or order underthis section may within fourteen days of the decision or orderappeal to the Committee.(6) An appeal to the Committee shall be dealt withwithin forty five days of the appeal being lodged.(7) During the hearing of the appeal, the manufacture,trade, distribution, sale or circulation of the product that does notconform to compulsory standards shall remain suspended.23. (1) Where a Partner State intends to develop andimplement a national technical regulation relating to a productthat does not fall within the scope of a compulsory standard, thePartner States shall notify the Secretariat and the other partnerState of the National technical regulation at least sixty daysbefore the national technical regulation comes into force.NationalTechnicalRegulations.(2) Partner States shall where practicable base theirnational technical regulations on East African Standards, wherethese exist, in order to, where necessiry, lead to the declarationof the technical regulations as compulsory standards.24. (1) Each Partner State shall notify the Council of theproduct certification marks within the jurisdiction of the PartnerState including the design of the marks.(2) Partner States shall recognise as equal to their own,product certification marks awarded by national quality systeminstitutions of other Partner States provided that which theadministrative provisions with control the use of the marks meetthe obligations in this section.DeclarationandAcceptanceof ProductCertificationMarks.(3) Partner States shall ensure that the administrativeprovisions relating to the use of product certification marks meetthe following requirements-75

Standardization, Quality Assurance, Metrology and Testings(a)product certification marks are established andappropriately registered to confer protectionsimilar to trademarks;(b)(c)(d)product certification marks are not identical to orso nearly resemble any trade mark registeredunder the trade mark law of a Partner State;no person is allowed to apply a product certificationmark specified under paragraph (a), of thissubsection to any product or label attached to anyproduct except under a permit issued by a nationalquality systems institution and unless that productcomplies with the relevant standard; andpre-award testing and quality assurancerequirements, post-award surveillance, applicationof the mark and offences and penalties between thePartner States are approximated to ensure similarityin awarding certification marks in order to fostermutual recognition of the product certificationmarks and acceptance by the consumers.Offences.25. Partner States shall enact or amend and approximatetheir national laws to provide penalties for the following offences—(a)(b)(c)statements or representations made, that conveythe impression that a product meets therequirements of a standard where does not;statements or representation made, that conveythe impression that a product carries the productcertification mark where it does not; andcontinuous use of a product certification markwhere the permit for the use is revoked or expired.DisputesbetweenPartnerStates.26. (1) Any Partner State whose interests have not beenappropriately recognised by the Committee in the—(a) development of an East African Standard;76

Standardization, Quality Assurance, Metrology and Testings(b)(c)establishment and application of rules andprocedures of the Committee; ordevelopment and implementation of metrology,legal metrology, testing, certification oraccreditation systems,may appeal to the Council in writing no later than sixty days orthe relevant decision of the Committee.(2) Any dispute between the Partner States regarding—(a)(b)the use of standards to restrict access of productsinto the other Partner States market; ordeliberate and wilful neglect by a Partner State toensure compliance with standards within itsjurisdiction to the detriment of the other PartnerStates, shall be referred to the Council fordetermination.(3) Where a Partner State fails to meet its obligationsunder this Act, any of the other Partner States may appeal to theCouncil in writing to have the matter resolved.(4) Where the Council fails to resolve a matter referredto it the matter shall be referred to the East African Court ofJustice.27. The Partner States shall approximate their national lawson standardisation, quality assurance, metrology, legalmetrology, testing and accreditation and align them with this Act.28. (1) The Council may make, amend or revoke regulationsgenerally for giving effect to the provisions of this Act.ApproximationandAlignmentof NationalLaws.Regulations.(2) Without prejudice to the generality of subsection (1),the Council shall make regulations providing for—(a) the conduct of standardisation, metrology andconformity assessment;77

Standardization, Quality Assurance, Metrology and Testings(b)(c)(d)ensuring adequate support for standardization,metrology and conformity assessment activities;the forms that may be required under theprovisions of this Act; andthe fees to be paid under this Act.78