RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/44 
2 March 2004 
 
 (04-0924) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Submission from the Republic of Kazakhstan  
 
Illustrative Check-list of Sanitary and Phytosanitary (SPS) Measures 
 
 
 The following submission, dated 20 February 2004,  is being circulated at the request of the 
Delegation of the Republic of Kazakhstan. 
 
 
_______________ 
 
   
 WT/ACC/KAZ/44 
Page 2 Illustrative Table: Consistency of Acting Kazakh Legislation with the Norms of the  
WTO Agreement on the Application of Sanitary and Phytosanitary Measures  (hereafter – the Agreement)  
 
Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Article 2.2.  
 
Members shall ensure that any sanitary or 
phytosanitary measure is  applied only to the 
extent necessary to protect human, animal or 
plant life or health  
 According to Articles 24 and 25 of the Law 
of the Republic of Kazakhstan No. 361-II of 
4 December 2002 "On Sanitary and Epidemiological Welfare" (hereafter – the 
Law), the sanitary protection of the territory 
of the Republic of Kazakhstan shall prevent 
the entry and spread of  infectious, parasitic 
diseases and poisonings.   
According to the provisions set forth in its 
Preamble and Article 1(24), the Law establishes legal, economic, and social 
conditions of sanitary and epidemiological 
welfare, i.e. of human health, the observance of which shall prevent any adverse effects of 
environmental factors and secure a favourable 
environment for human  activities.   
 
Conclusion: No legal norms of the acting 
Law may be construed as containing direct 
indications to ensure that sanitary or 
epidemiological (preventive) measures shall 
be applied only to the extent necessary to 
protect human life or  health.      
 Under Article 3 of the Law of the Republic of 
Kazakhstan No. 339-II "On Veterinary" of 
10 July 2002 (hereafter – the Law), the main 
purpose of veterinary measures is: 
 
1) to protect animals from diseases and 
ensure their adequate treatment;  
2)  to protect human health from 
anthropozoonoses;  
3)  to check and ensure veterinary and 
sanitary safety of products under control 
of the state veterinary service; 
4)  to protect the Republic of Kazakhstan 
from the entry and spread of infectious 
and exotic diseases carried by animals 
imported from other countries. 
5)  to control the quality of veterinary drugs;  
6)  to develop and im plement measures and 
procedures to control diseases carried by 
animals and to check and ensure the 
quality of products a nd raw materials of 
animal origin;  
7)  to prevent and liquidate environmental 
pollution resulting from activities of 
natural persons and legal entities in the 
sphere of veterinary;   
8)  to stimulate the development of veterinary 
science and operate training and advanced 
training programs for veterinary experts.   
 
Conclusion:  The Law contains legal norms 
stipulating that:   
- veterinary measures are applied only to 
the extent necessary to protect human and 
animal life or health; 
- veterinary measures may not be applied 
for any other purposes.    
 
Hence, the Republic of Kazakhstan believes 
that the Law does not need to be amended to Under Article 3 of the Law of the Republic of 
Kazakhstan No. 344-1 "On Plant Quarantine" 
of 11 February 1999 (hereafter – the Law),  
the main purpose of plant quarantine is: 
 
1)  to protect the territory of Kazakhstan 
from importation or independent entry of 
quarantine objects fro m foreign countries 
or quarantine zones; 
2)  to expose, localize and liquidate 
quarantine objects, and to prevent their 
penetration into pest- or disease-free 
areas;  
3)  to implement mechanisms of state control 
to enforce the acting legislation and rules on plant quarantine and ensure the 
required volume of activities under plant 
quarantine programs in the Republic of 
Kazakhstan. 
 
Also, Article 1(6) of the Law defines "plant 
quarantine (phytosanitary protection)" as a 
form of treatment based on a system of public 
programs to protect plants of the Republic of Kazakhstan and products thereof from 
importation or independent entry of 
quarantine objects from other countries or 
quarantine zones of the Republic of 
Kazakhstan, or, when already established, to 
localize and eradicate infection focuses. 
 
Conclusion:  The Law contains legal norms stipulating that:  
 
- phytosanitary measures are applied only 
to the extent necessa ry to protect human 
and plant life or health; 
- phytosanitary measures may not be 
applied for any other purposes.    
 
Noting the above, the Republic of Kazakhstan  
  WT/ACC/KAZ/44
 Page 3Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
include the above provisions as the fulfilment 
of the obligation set forth in Article 2.2 of the 
WTO Agreement is guaranteed by the acting 
edition of the Law.  
 believes that no am endments shall be 
necessary as the provisions of the acting Law 
are sufficient to ensure the fulfilment of the 
obligations set forth in Article 2.2 of the 
WTO Agreement.  
Articles 2.2., 3.3., and 5.2. 
 Members shall ensure that any sanitary or 
phytosanitary measure is  based on scientific 
principles and is not  maintained without 
sufficient scientific evidence 
 
Members may introduce or maintain sanitary or 
phytosanitary measures which result in a higher 
level of sanitary or phytosanitary protection 
than would be achieved by measures based on 
the relevant international standards, guidelines 
or recommendations, if there is a scientific 
justification.  
 The obligations set forth in Articles 2.2, 3.3. 
and 5.2 of the SPS Agreement are covered by 
the following legal norms of the Law: 
 1. The legal norm in Artic le 3 stipulates that 
all programs operated to ensure the 
sanitary and epidemiological welfare be 
based on scientific principles and 
incorporate available practical evidence. 
2.  Under Article 2 of the Law,  whenever the 
international agreements ratified by the 
Republic of Kazakhstan establish other 
rules than those contained in this Law, the 
rules established under the international 
agreements shall prevail. 
3.  Provisions of Article  15 stipulate that the 
operation of the sanitary and 
epidemiological service shall extend to 
the development of uniform requirements 
for the justification of normative acts.  
 
Conclusion: The acting legislation of the 
Republic of Kazakhstan shall be amended to 
reflect a legal norm stipulating that sanitary 
measures which result in a higher level of 
sanitary protection than would be achieved by 
measures based on the relevant international 
standards, guidelines or recommendations, be 
applied if there is a scientific justification. 
 The obligations set forth in Articles 2.2, 3.3, 
and 5.2 of the WTO Agreement are reflected 
in the following legal norms of the Law: 
According to Subparagraph 3) of Article 1, the term "veterinary" shall apply to special 
scientific knowledge a nd practical activities 
focused on the study of diseases and 
alimentary intoxications of animals, methods 
of their prevention, diagnostics, treatment and 
eradication; on the observance of compliance 
of products under control of the state 
veterinary service with the requirements 
established under the veterinary legislation of 
the Republic of Kazakhstan and on the 
protection of human life and health from 
anthropozoonoses. Also, Subparagraph 8) of 
Article 3 of the Law stipulates that, inter alia , 
veterinary activities shall be aimed at the 
further development of veterinary knowledge 
and training of veterinary experts.      
 
According to Subparagraphs 5), 6), and 7) of 
Article 4 of the Law, national veterinary 
policies shall embrace the following 
objectives:   
 
- to develop veterina ry rules and norms 
based on scientific principles and taking 
into account international veterinary 
norms and available scientific evidence 
for an objective assessment of epizootic 
conditions;   
- to achieve a higher level of veterinary 
protection than would be achieved by 
measures based on the relevant 
international recommendations, if there is 
a scientific justification. 
 
Conclusions: According to Article 29(1) of Under Article 4 of the Law, state measures on 
plant quarantine in the Republic of 
Kazakhstan shall be implemented based on 
the following principles:   
-  evaluation based on scientific principles 
and incorporating scientific evidence of 
the potential for adverse effects of 
quarantine objects on plant resources and 
products of plant origin, and elimination 
of all revealed injurious factors;     
 - international cooperation on plant 
quarantine under provisions of corresponding agreements (treaties)  
 
Under Paragraph 1(8) of Article 7 of the Law, 
quarantine measures shall be developed by 
the phytosanitary service in collaboration 
with research organizations based on 
scientific principles of assessment of 
phytosanitary risks covered by international 
norms and guidelines. Also, the phytosanitary 
service shall enforce compliance of natural 
persons and legal entiti es of all forms of 
ownership with the acting measures.  
 
Conclusion: Provisions of the Law are sufficient to enable the Republic of 
Kazakhstan to fulfil its obligations 
undertaken under Articles 2.2, 3.3 and 5.2 of 
the Agreement  
  
 WT/ACC/KAZ/44 
Page 4 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
the Law, the Republic of Kazakhstan operates 
veterinary norms specifying acceptable 
quantitative or qualitative parameters for 
indicators of the veterinary or sanitary factor 
as applied to the safety of human and animal 
health. Veterinary norms are established 
based on the available pertinent scientific 
evidence obtained in the framework of 
research projects run in accordance with the 
provisions of the veterinary legislation of the 
Republic of Kazakhstan.  
Article 2.3, paragraphs 1 (a) and 1 (d) of Annex С  
 
Members shall ensure that their sanitary and 
phytosanitary measures do not arbitrarily or 
unjustifiably discriminate between Members 
where identical or similar conditions prevail, 
including between their own territory and that 
of other Members.    Without discrimination, sanitary and 
epidemiological requirements apply in no less 
favourable manner to imported products than 
to like domestic products. Thus, the 
Resolution of the Ministry of Health of the 
Republic of Kazakhstan No. 841 of 
14 November 2003 "On Adoption of Rules 
for Sanitary and Epidemiological Inspection" 
stipulates that the same requirements for 
sanitary and epidemiological inspection shall 
apply both to domestic and imported 
products. 
 
Articles 18 and 19 of the Law establish norms 
for rights and responsibilities of natural 
persons and legal entities relating to sanitary 
and epidemiological welfare and acting as a 
fundamental principle of non-discrimination 
in WTO Members. The Law ensures that all 
foreign suppliers shall be treated in no less 
favourable manner than domestic suppliers. 
Normative acts of the state sanitary and 
epidemiological service are circulated in the 
entire territory of the Republic of Kazakhstan 
and are binding for all economic agents.  
 
Conclusion:  To highlight the principle of 
non-discrimination, Articl e 3 of the Law shall 
be amended to include the following 
additional norm regulating one of the 
underlying principles crucial for the sanitary and epidemiological welfare of the 
population: According to Subparagraph 8) of Article 1 of 
the Law, the term "veterinary (veterinary and 
sanitary) rules" shall apply to a normative act 
establishing procedures for application of 
veterinary measures on the basis of the 
veterinary norms adopted by the authorized 
state body of the Republic of Kazakhstan on 
veterinary and binding for natural persons and 
legal entities operating in the veterinary 
sphere. Veterinary rules shall apply to foreign 
residents and citizens of other countries in the 
same way as to natu ral persons and legal 
entities of the Republic of Kazakhstan.    
 
No measures set out in the Law and other 
normative acts on veterinary are applied in a 
manner which would constitute a means of 
restriction or discrimination between 
suppliers of imported and domestic products. 
Hence, imported products – after they are 
transported across the border of the Republic 
of Kazakhstan – shall be subject to the same 
veterinary regime as domestic products.   
The same criteria are used in the issuing of 
veterinary certificates for imported and 
transited products under control of the state 
veterinary service to certify their compliance 
with the acting sanitary requirements as for 
domestic products.  
 
The Republic of Kazakhstan applies 
restrictive measures to import, export and Under Paragraph 1(5) of Article 7 of the Law, 
the authorized state body shall "perform 
quarantine inspection, laboratory testing and 
phytosanitary certification of imported or 
exported quarantinable products based on the 
phytosanitary characteristics of the area and 
place of its origin, and its destination point". 
 
No measures set out in the Law and other 
normative acts on plant quarantine are applied 
in a manner which would constitute a means 
of restriction or discrimination between 
suppliers of imported and domestic products. 
Hence, imported products – after they are 
transported across the border of the Republic 
of Kazakhstan – shall be subject to the same 
plant quarantine regime as domestic products.  
 
Same criteria are used in issuing phytosanitary certificates on imported and 
domestic quarantinable products.   
 
Conclusion:  No amendments are necessary to harmonize the Law and normative acts on 
plant quarantine with obligations undertaken 
by the Republic of Kazakhstan under Article 
2.3 and Paragraphs 1(a) and 1(d) of Annex C 
of the WTO Agreement. 
 
  
  WT/ACC/KAZ/44
 Page 5Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
 
"Sanitary measures shall not be applied in a 
manner which would constitute a means of 
discrimination between countries where 
identical or similar conditions prevail, 
including between their own territory and that 
of other Members". 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 transit of products under control of the state 
veterinary service whenever in the country of 
origin there are registered instances of 
diseases listed in the Schedules A and B of 
the International Office of Epizootics.  The 
International Office of Epizootics provides 
monthly updates of the Schedules.  
 
The Republic of Kazakhstan avoids all 
measures resulting in discrimination of domestic or foreign suppliers. Acting controls 
are based on such factors as the appropriate 
level of epizootic protection in the country of 
origin, observance of acting veterinary rules 
in the course of transportation, and the 
availability of the required veterinary 
documents and of the import or transit 
authorization issued by the importing 
country.  
 
Also, the provisions of Article 4(7) of the 
Law ensure that no veterinary procedure to 
check and ensure the veterinary and sanitary 
safety is applied in  a manner which would 
constitute an unjustifiable restriction on 
distribution or sales of products under control 
of the state veterinary service.   
 
Conclusion: No amendments are necessary to harmonize the Law and normative acts on 
veterinary with the obligations undertaken by 
the Republic of Kazakhstan under Articles 
2.3, Paragraphs 1(a) and 1(d) of Annex C of 
the WTO Agreement.  
 WT/ACC/KAZ/44 
Page 6 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Articles 2.3 and 5.6 
 
Sanitary and phytosanitary measures shall not 
be applied in a manner which would constitute 
a disguised restriction on international trade 
 When establishing or maintaining sanitary or 
phytosanitary measures to achieve the 
appropriate level of sanitary or phytosanitary 
protection, Members shall ensure that such 
measures are not more trade-restrictive than 
required to achieve their appropriate level of 
sanitary or phytosanitary protection, taking into 
account technical and ec onomic feasibility. 
 The Law contains no legal norms ensuring 
that sanitary and phytosanitary measures shall 
be applied in a manner which would 
constitute a disguised restriction on 
international trade only to the extent 
necessary to protect hum an life and health. 
 
Conclusion:  The Law shall be amended to 
include provisions stipulating that sanitary 
and phytosanitary measures: 
 
-  shall set the minimum requirements 
allowing to protect human life and health, 
noting the potential risks; 
-  may not be more trade-restrictive than 
required to achieve the minimum level of 
protection of human life or health. The provisions of Article 4(7) of the Law 
ensure that no veterinary procedure to check 
and ensure the veterinary and sanitary safety 
is applied in a manner which would constitute 
an unjustifiable restriction on distribution or 
sales of products under control of the state 
veterinary service. 
 
Conclusion:  No amendments are necessary 
to harmonize the Law with the obligations undertaken by the Republic of Kazakhstan 
under Articles 2.3 and 5.6 of the WTO 
Agreement. 
 Under Article 1(4) of the Law of the Republic 
of Kazakhstan "On Plant Quarantine", a 
quarantine measure is "a procedure operated 
to prevent the entry or spread of quarantine 
objects in the territory of the Republic of 
Kazakhstan". Also, provisions set forth in 
Paragraph 2 of the "Rules for the Protection 
of the Republic of Kazakhstan from 
Quarantine Objects" adopted by the 
Resolution of the Government of the 
Republic of Kazakhstan No. 773 of 
1 August 2003 stipulate that "plant quarantine 
programs shall be operated to protect the 
territory of the Republic of Kazakhstan from 
quarantine objects; to ensure their timely 
detection, efficient localization and 
eradication; and to check and ensure the 
observance of the acting legislation on plant 
quarantine". Consequently, phytosanitary 
measures are applied solely for the purposes described above, and ma y not be applied in a 
manner which would constitute a disguised 
restriction on international trade. 
 
Conclusion: Provisions of the Law are 
sufficient to enable the Republic of 
Kazakhstan to fulfil the obligations set forth 
in Articles 2.3 and 5.6 of the WTO 
Agreement.  
  WT/ACC/KAZ/44
 Page 7Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Article 3.1. and 3.3  
 
Members shall base their sanitary or 
phytosanitary measures on international 
standards, guidelines or recommendations, 
where they exist.  
 The Law contains no express provision 
stipulating that, as a general rule, sanitary 
regulations shall be based on international 
standards, guidelines or recommendations.  
 
Conclusion:  The Law shall be amended to 
include a legal norm stipulating that 
international standards, guidelines or 
recommendations may be used in whole or in 
part as a basis for the development of sanitary 
and phytosanitary measures, except in cases 
where the Republic of Kazakhstan determines 
that the relevant international standards, 
guidelines or recommendations are not 
sufficient to achieve its appropriate level of 
protection of human life and health.  According to Subparagraphs 5) of Article 4 of 
the Law, the national veterinary policies shall 
be targeted at the development of  veterinary 
rules and norms based on scientific principles 
and taking into account international 
veterinary norms and available scientific 
evidence for an objective assessment of 
epizootic conditions.   
 
Conclusion: No amendments are necessary to harmonize the Law with the obligations 
undertaken by the Republic of Kazakhstan 
under Article 3.1 and 3.3 of the WTO 
Agreement. 
 Under Paragraph 1(8) of Article 7 of the Law 
"On Plant Quarantine", quarantine measures 
shall be developed by the phytosanitary 
service in collaboration with research 
organizations based on scientific principles of 
assessment of phytosanitary risks covered by 
international norms and guidelines. Also, the 
phytosanitary service shall enforce 
compliance of natural persons and legal 
entities of all forms of ownership with the 
acting measures. 
 Conclusion:  No amendments are necessary 
to harmonize the Law with obligations 
undertaken by the Republic of Kazakhstan 
under Articles 3.1 and 3.3 of the WTO 
Agreement.  
 WT/ACC/KAZ/44 
Page 8 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Article 3.4.  
 
Members shall play a full part, within the limits 
of their resources, in the relevant international 
organizations and their subsidiary bodies, in 
particular the Codex Alimentarius Commission, 
the International Office of Epizootics, and the 
international and regional organizations 
operating within the framework of the 
International Plant Protection Convention.  As a Member of the World Health 
Organization (hereafter – the WHO), the 
Republic of Kazakhstan in collaboration with 
other relevant international organizations 
takes a full part in a joint effort to coordinate 
procedures in the sphere of food safety 
operated at the level of countries, participants 
in the development of the WHO global 
strategy on food safety , and specific regional 
consumers.  
 
Jointly with the WHO, the Food and 
Agriculture Organization of the United 
Nations (FAO), the Codex Alimentarius 
Commission and other re levant international 
organizations, the Republic of Kazakhstan 
has organized and run 2-year training courses 
for governmental inspectors and businessmen 
on the acting food legislation and methods of 
laboratory control of nutritional diseases under the auspices of the Institute of  Public 
Health of the Republic of Kazakhstan.    
 
Conclusion:  Since 2003 the Ministry of 
Health of the Republic of Kazakhstan 
functions as a contact centre for the Codex 
Alimentarius Commission.  
 
 
 
 
 
 
 Since 1993 the Republic of Kazakhstan is a 
member of the International Office of 
Epizootics. As a Member, Kazakhstan has 
access to international veterinary information 
and, in turn, provides the International Office 
of Epizootics and other Members with all 
pertinent information on veterinary and 
sanitary conditions in the Republic of 
Kazakhstan.      
 According to Subparagraph 6) of Article 5 of 
the Law, the Government of the Republic of 
Kazakhstan shall cooperate with other 
countries and the relevant international 
veterinary organizations. Consequently, under 
Subparagraph 17) of Article 8 of the Law, the 
authorized state body of the Republic of 
Kazakhstan on veterinary shall represent the 
Republic of Kazakhstan in the international 
organizations on specific veterinary issues 
following procedures established under the 
laws of the Republic of Kazakhstan and 
develop ongoing cooperation mechanisms.  
 
Conclusion:  No amendments are necessary 
to harmonize the Law with the obligations 
undertaken by the Republic of Kazakhstan 
under Article 3.4 of the WTO Agreement. 
 Under Subparagraph 10 of Paragraph 1 of 
Article 7 of the Law, the authorized body 
shall represent the interests of the Republic of 
Kazakhstan in international organizations 
with regard to issues relating to plant 
quarantine. Also, provisions set forth in 
Article 19 of the Law stipulate that the 
Republic of Kazakhstan shall participate in 
international cooperation on plant quarantine 
based on the principles of mutual protection 
from the entry and spread of quarantine 
objects. 
 
At present, the Republic of Kazakhstan is at the final stage of negotiations on accession to 
the European and Mediterranean Plant 
Protection Organization (EPPO) operating 
within the framework of the International 
Plant Protection Convention. The draft of the 
resolution on the accession of the Republic of 
Kazakhstan to the Convention of the 
European and Mediterranean Plant Protection 
Organization (EPPO) is being finalized to 
reflect the latest comments submitted by the 
Office of the Prime-Minister of the Republic 
of Kazakhstan.  
 Following its accession to the EPPO, the 
Republic of Kazakhstan will notify the WTO 
Committee on Sanitary and Phytosanitary 
Measures accordingly. 
 
Conclusion:  No amendments are necessary to harmonize the Law with the obligations 
undertaken by the Republic of Kazakhstan 
under Article 3.4 of the WTO Agreement.  
  WT/ACC/KAZ/44
 Page 9Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Article 4  
 
Members shall accept the sanitary or 
phytosanitary measures of other Members as 
equivalent, even if these measures differ from 
their own or from those used by other Members 
trading in the same product, if the exporting 
Member objectively demonstrates to the 
importing Member that its measures achieve 
the importing Member's appropriate level of sanitary or phytosanitary protection.   
 
Members shall, upon request, enter into 
consultations with the aim of achieving 
bilateral and multilateral agreements on 
recognition of the equivalence of specified 
sanitary or phytosanitary measures. 
  According to Article 2(2) of the Law, 
whenever the international agreements 
ratified by the Republic of Kazakhstan 
establish other rules than those contained in 
the Law, the rules established under the 
relevant international agreements shall 
prevail. 
 
However, the Law still needs to be amended 
to include a legal norm stipulating that the 
Republic of Kazakhstan may accept the 
sanitary or phytosanitary measures of other 
countries as equal.   
 
Conclusion: For this purpose, the Law shall 
include the following provision:  
 
 "The Republic of Kazakhstan shall accept the 
sanitary requirements of other countries as 
equivalent in the framework of the relevant international treaties ratified by the Republic 
of Kazakhstan. Sanitary  requirements shall be 
accepted as equivalent if in trade relations 
they achieve the appropriate level of 
protection of human lif e and health adopted 
by the Republic of Kazakhstan". 
 According to Paragraph 4 of the Rules for the 
veterinary surveillance of products subject to 
control of the state veterinary service 
transported across the state border of the 
Republic of Kazakhstan,  the Republic of 
Kazakhstan allows access for imported 
products subject to control of the state 
veterinary service, where they originate from 
countries with acceptable epizootic conditions 
and meet the follow ing requirements: 
 
1)  if imported products conform with the 
acting veterinary (veterinary and sanitary) 
requirements established by the 
authorized body and have an 
accompanying veterinary certificate; 
2)  if the import is authorized by the Senior 
Government Veterinary Inspector of the 
Republic of Kazakhstan or his/her 
Deputy, on the basis of the results of 
assessment of epizootic conditions in the 
exporting country.  
 
According to Section 4 of Paragraph 4.12 of 
the Rules for veterinary surveillance of 
international and cross-border shipments of 
animal products, adopted by the Decision of 
the Intergovernmental Council for 
Cooperation in Veterinary of 5 November 
2003, international shipments of products 
subject to control shall have accompanying 
original veterinary certificates issued by a 
representative of the state veterinary service 
in the exporting country. 
 Conclusion:  No amendments shall be 
necessary to ensure the observance of the 
obligation set forth in Article 4 of the WTO 
Agreement.   According to Article 13(2) of the Law of the 
Republic of Kazakhstan "On Plant 
Quarantine", "quarantine measures of other 
countries shall be rec ognized as equivalent, 
where they achieve the level of phytosanitary 
protection of the Republic of Kazakhstan". 
Also, according to Article 21 of the Law, 
"whenever the international agreements 
ratified by the Republic of Kazakhstan 
establish other rules than those contained in 
this Law, the rules established under the 
international agreements shall prevail". 
 
Conclusion: No amendments shall be necessary to ensure the observance of the 
obligation set forth in Article 4 of the WTO 
Agreement.   
  
 WT/ACC/KAZ/44 
Page 10 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Articles 5.1, 5.2., and 5.3.  
 
Members shall ensure that their sanitary or 
phytosanitary measures are based on an 
assessment, as appropriate to the 
circumstances, of the risks to human, animal or 
plant life or health, taking into account risk 
assessment techniques developed by the 
relevant internati onal organizations. 
 In the assessment of risks, Members shall take 
into account: 
 
- available scientific evidence;  relevant 
processes and production methods;  
relevant inspection, sampling and testing 
methods;  
- prevalence of specific diseases or pests; 
- existence of pest- or disease-free areas; and 
- relevant ecological and environmental 
conditions; and quarantine or other 
treatment. 
 In assessing the risk to animal or plant life or 
health and determini ng the measure to be 
applied for achieving the appropriate level of 
sanitary or phytosanitary protection from such 
risk, Members shall take into account as 
relevant economic factors:   
 
- the potential damage in terms of loss of 
production or sales in the event of the entry, 
establishment or spread of  a pest or disease;  
- the costs of control or eradication in the 
territory of the importing Member;  and  
- the relative cost-effectiveness of alternative 
approaches to limiting risks. The Law contains no legal norms to ensure 
that sanitary and epidemiological rules and 
regulations of the Republic of Kazakhstan are 
based on an assessment of the risks to human 
health, taking into account risk assessment 
techniques developed by the relevant 
international organizations.  
 
Conclusion:  The Law shall be amended to 
include provisions stipulating that sanitary 
and epidemiological rules and regulations of 
the Republic of Kazakhstan are based on an 
assessment of the risks to human life or 
health, taking into account risk assessment 
techniques developed by the relevant 
international organizations.  
 Under provisions set forth in Sub-Paragraphs 
5) and 6) of Article 4 of the Law, the 
Republic of Kazakhstan operates norms 
ensuring that veterinary rules and norms shall 
be developed based on scientific principles 
and taking into account international 
veterinary norms and available scientific 
evidence for an objective assessment of 
epizootic conditions; and if there is a 
scientific justification, shall ensure a higher 
level of veterinary pr otection than would be 
achieved by measures based on the relevant 
international recommendations.  
 To protect animal health and ensure timely 
diagnostics, veterinary centres will be 
equipped with modern equipment and 
diagnostic tools, and will operate in 
conformity with dia gnostic standards and 
methodological guidelines  for tests run to 
check the safety of products and raw 
materials of animal origin. Veterinary experts 
shall undergo training programs according to 
the principles of good laboratory practice.  
 
Also, international trade operations shall 
reflect zoning and regionalization principles. 
In the past,  where a case of a Schedule A 
disease was reported,  epizootic assessment 
results applied to the entire country. Now, 
given the zoning and regionalization 
practices, these restrictions, not always 
objectively applied, will be lifted.  
Conclusion: No amendments shall be 
necessary to ensure the observance of the obligation set forth in Articles 5.1, 5.2, and 
5.3 of the WTO Agreement.   Under Article 4(3) of the Law, state measures 
on plant quarantine applied in the Republic of 
Kazakhstan shall be based on the principle of 
"evaluation performed on scientific principles 
and incorporating scientific evidence of the 
potential for adverse effects of quarantine 
objects on plant resources and products of 
plant origin, and elimination of all uncovered injurious factors".  
 Conclusion:  Provisions of the Law are 
sufficient to enable the Republic of 
Kazakhstan to fulfil its obligations 
undertaken under Articles 5.1, 5.2, and 5.3 of 
the WTO Agreement. 
  
  WT/ACC/KAZ/44
 Page 11Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Article 5.7  
 
In cases where relevant scientific evidence is 
insufficient, a Member may provisionally adopt 
sanitary or phytosanitary measures on the basis 
of available pertinent information, including 
that from the relevant international 
organizations as well as from sanitary or 
phytosanitary measures applied by other 
Members.    
In such circumstances, Members shall seek to 
obtain the additional information necessary for 
a more objective assessmen t of risk and review 
the sanitary or phytosanitary measure 
accordingly within a reasonable period of time. 
 The obligation set forth in Article 5.7 of the 
WTO Agreement is not covered in the acting 
legislation of the Republic of Kazakhstan.   
 
Conclusion:  The Law shall be amended to 
include a legal norm stipulating that in cases 
where relevant scientific evidence is 
insufficient, the Republic of Kazakhstan may 
provisionally adopt sanitary or phytosanitary 
measures on the basis of available pertinent 
information, including that from the relevant 
international organizations as well as from 
sanitary or phytosanitary measures applied by 
other countries.  
 
 As a Member of the International Office of 
Epizootics, the Republic of Kazakhstan 
ensures the observance and application of 
veterinary norms and regulations in 
pursuance of the requirements of the 
International Animal Health Code. Restrictive 
measures shall be appl ied to the import of 
products subject to control of the state 
veterinary service on the basis of available 
pertinent information provided by the 
International Office of Epizootics on 
unfavourable epizootic conditions in a 
specific country in term s of animal diseases 
listed in the Schedules A and B. 
 
Conclusion:  No amendments shall be necessary to ensure the observance of the 
obligation set forth in Article 5.7 of the WTO 
Agreement.   According to Article 8(1-1) of the Law, a 
government inspector on plant quarantine 
may provisionally adopt (introduce) 
quarantine measures to quarantinable 
products imported from other countries, 
where the available information on their 
phytosanitary conditions have not been 
properly analyzed. Also, the Republic of 
Kazakhstan is about to join the European and 
Mediterranean Plant Protection Organization 
(EPPO). Consequently, phytosanitary 
measures will be applied under the Rules 
established by the EPPO.  
 Conclusion:  No amendments shall be 
necessary to ensure the observance of the 
obligation set forth in Article 5.7 of the WTO 
Agreement.   
  
 WT/ACC/KAZ/44 
Page 12 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Article 6  
 
Members shall ensure that their sanitary or 
phytosanitary measures are adapted to the 
sanitary or phytosanitary characteristics of the 
area - whether all of a country, part of a 
country, or all or parts of several countries - 
from which the product originated and to which 
the product is destined.   
 Members shall, in particular, recognize the 
concepts of pest- or disease-free areas and areas 
of low pest or disease prevalence.  
Determination of such ar eas shall be based on 
factors such as geography, ecosystems, 
epidemiological surveillance, and the 
effectiveness of sanitary or phytosanitary 
controls. 
 All sanitary, epidemiological and prevention 
programs operated by the state sanitary and 
epidemiological service include the whole 
package of measures, including 
characteristics of areas and other factors. 
 
According to Article 21 of the Law, the 
sanitary and epidemiological inspection is 
performed on the basis of  the comprehensive 
assessment of sanitary, epidemiological 
effects, and effects on human health of 
various environmental entities; the 
incorporation of available pertinent research 
evidence on triggers and conditions of 
poisonings and outbreaks of diseases; and the 
assessment of the conformity of decisions 
made in the process of economic or other 
forms of activities with the requirements set 
forth in the acting sanitary and hygienic rules 
and regulations, and hygienic norms.   
However, the above provision seems to be 
insufficient to allow the Republic of 
Kazakhstan to fulfil the obligations set forth 
in Article 6 of the WTO Agreement. 
 
Conclusion:  To meet the requirements set 
forth in Article 6 of the SPS Agreement, the 
Republic of Kazakhstan needs to introduce a 
number of amendmen ts to the Law. The obligations set forth in Article 6 of the 
WTO Agreement are reflected in the 
following legal norms:  
 
Subparagraph 27) of Article 1 of the Law 
contains a legal norm regulating the 
assessment of the risks to human and animal 
health. The procedure is called an "epizootic 
monitoring" and applies to a system for the 
collection of quantitative information on the spread of diseases carried by animals, 
including the epizootic inspection and all 
pertinent information on the evolution 
patterns of specific diseases carried by 
animals; on geographic, climatic, and 
environmental conditions  of their habitats 
(breeding areas); and on veterinary and 
sanitary measures for the purpose of the 
subsequent statistical processing to analyze 
efficiency of veterinary  and sanitary measures 
and to forecast entry of epizootic diseases, 
their dynamics, and ways for their 
eradication.   
 
Conclusion:  No amendments shall be 
necessary to ensure observance of the 
obligation set forth in Article 6 of the WTO 
Agreement.   
 Under Paragraph 1(5) of Article 7 of the Law, 
the authorized state body on plant quarantine 
shall "perform quarantine inspection, 
laboratory testing and phytosanitary 
certification of imported or exported 
quarantinable products based on the 
phytosanitary characteristics of the area and 
place of its origin, and its destination point". 
 
Conclusion:  No amendments shall be necessary to ensure observance of the 
obligation set forth in Article 6 of the WTO 
Agreement.   
  
  WT/ACC/KAZ/44
 Page 13Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Article 13   
 
Members are fully responsible under this 
Agreement for the observance of all obligations 
set forth herein. Members shall take such 
reasonable measures as may be available to 
them to ensure that non-governmental entities 
within their territories, as well as regional 
bodies in which relevant entities within their 
territories are members, comply with the relevant provisions of this Agreement.   
 
In addition, Members shall not take measures 
which have the effect of, directly or indirectly, 
requiring or encouraging such regional or non-
governmental entities, or local governmental 
bodies, to act in a manner inconsistent with the 
provisions of this Agreement.   
  According to Article 6 of the Law, the 
Government of the Republic of Kazakhstan, 
within the limits of its competence, shall:   
 
-  formulate major objectives of the national 
policies on sanitary and epidemiological 
welfare;   
-  direct activities of central and local 
executive bodies on sanitary and 
epidemiological welfare. 
 
Conclusion:  The requirements established 
under Article 13 of the WTO Agreement are 
met in the Law.  
 The obligations set forth in Article 13 of the 
WTO Agreement are reflected in the 
following legal norms:  
 
According to Article 8 of the Law, the 
authorized state body of the Republic of 
Kazakhstan on veterinary and its subsidiary 
bodies shall: 
 
-  pursue uniform national policies on 
veterinary; 
-  organize and perform procedures of the 
state veterinary control to check and 
ensure that natural persons and legal 
entities of the Republic of Kazakhstan 
comply with the acting veterinary 
legislation. 
  
The system of veterinary control of the 
Republic of Kazakhstan is a structure 
vertically integrated into the Ministry of 
Agriculture of the Republic of Kazakhstan 
and its regional subsidiary bodies and 
operating solely under the legislative acts of 
the Republic of Kazakhstan. 
Conclusion: Provisions of the Law are 
sufficient to enable the Republic of 
Kazakhstan to fulfil the obligations set forth 
in Article 13 of the WTO Agreement. Under Article 3(3) of the Law, among the 
main purposes of plant quarantine is to 
implement procedures of state control to 
check and ensure the compliance with the 
acting legislation and rules on plant 
quarantine and ensure the required volume of 
activities on plant quara ntine in the Republic 
of Kazakhstan 
 
The plant quarantine sy stem of the Republic 
of Kazakhstan is a structure vertically 
integrated into the Ministry of Agriculture of 
the Republic of Kazakhstan and its regional 
subsidiary bodies and operating solely under 
the legislative acts of the Republic of 
Kazakhstan. 
 
Conclusion:  Provisions of the Law are 
sufficient to enable the Republic of 
Kazakhstan to fulfil its obligations 
undertaken under Article 13 of the WTO 
Agreement. 
  
 WT/ACC/KAZ/44 
Page 14 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Paragraphs 1 and 2 of Annex B 
  
1.  Members shall ensure that all sanitary and 
phytosanitary regulations (sanitary and 
phytosanitary measures such as laws, 
decrees or ordinances which are applicable 
generally) which have been adopted are 
published promptly in such a manner as to 
enable interested Members to become 
acquainted with them. 
 
2. Except in urgent circumstances, Members 
shall allow a reasonable interval between 
the publication of a sanitary or 
phytosanitary regulation and its entry into 
force in order to allow time for producers in 
exporting Members, and particularly in 
developing country Members, to adapt their 
products and methods of production to the 
requirements of the importing Member. Under Article 8(12) of the Law "On Plant Quarantine" and Article 7(2) of the Law "On Veterinary", the authorized governmental b odies of the 
Republic of Kazakhstan on veterinary and plan t quarantine shall also organize and provide  particulars to all interested parties  on veterinary 
activities, acting veterinary rules and norms,  and other normative acts of the Republic of Kazakhstan on veterinary.        
 
To ensure the adequate level transparency, all adopted veterina ry and quarantine rules are published promptly on the web-site o f the Ministry of 
Agriculture of the Re public of Kazakhstan ( www.minagri.kz).   
 
The site allows access to all documents relating to rules, nor ms and other normative acts on veterinary and plant quarantine in  such a manner as 
to enable interested parties to become acquainted with them.   
 
Additionally, all interested parties may have access to the mont hly information bulletin "Agro-In form" containing the texts of all adopted 
normative acts on veterinary, and featuring a special FAQ section.   
 
Conclusion: Provisions of the acting legislation of the Republic  of Kazakhstan are sufficient to enable the Republic of Kazakhs tan to fulfil its 
obligations undertaken under Paragraphs 1 a nd 2 of Annex B  of the WTO Agreement. 
 
 
Paragraphs 3 of Annex B   Each Member shall ensure that one enquiry 
point exists which is responsible for the 
provision of answers to all reasonable questions 
from interested Members as well as for the 
provision of relevant documents regarding: 
 
 a)  any sanitary or phytosanitary 
regulations adopted or proposed 
within its territory;  
 b)  any control and inspection 
procedures, production and 
quarantine treatment, pesticide 
tolerance and food additive approval 
procedures, which are operated 
within its territory;  
 с)  risk assessment procedures, factors 
taken into consideration, as well as the determination of the appropriate 
level of sanitary or phytosanitary 
protection;  
 d)  the membership and participation of 
the Member, or of relevant bodies As per the obligation set forth in Paragraphs 3 and 10 of A nnex B of the WTO Agreement, th e following should be noted:  
 Under the Resolution of the Government of the Republic of Kaza khstan No.220 of 28 February 2003, the Ministry of Agriculture of  the 
Republic of Kazakhstan has established a joint-stock company  "K azagromarketing" to provide registration services in the bodies  of justice; 
formulate major fields of activities; run marketing research in markets of agricultural product s and processed goods; establish  mechanisms of 
interaction with the marketing centres in the CIS and other foreign countries; devel op and improve the Info rmational Marketing System of the 
Ministry of Agriculture of the Republic of Kazakhstan; provide marketing data to agricultural producers and analytical surveys on agriculture to 
public bodies.       
 
At present, the Republic of Kazakhstan is taking steps to establish a single WTO Enqui ry Point on SPS/TBT. When established, th e notification 
will be prepared and submitted to the WTO Comm ittee on Sanitary and Phytosanitary measures.  
 
To ensure uniformity in th e observance of obligations set forth in Paragraphs  3 and 10 of Annex B of the WTO Agreement on SPS a nd the 
WTO Agreement on Technical Barrier s to Trade in the framework of the operations of the WTO Enquiry Point on SPS/TBT, the Republ ic of 
Kazakhstan has developed a single Standard of the Republic of Kazakhstan entitled the "Rules and Procedures for Preparation of Notifications 
on Developed (Adopted) Technical Regulations and Standards" (hereafter – the Standard) based on the rules and procedures on TBT  and SPS 
established by the relevant WTO Committees. The Standard establis hes rules and procedures for the preparation of WTO notificati ons on 
developed (adopted) technical regulations and sta ndards including the relevant work programs.  
 
According to Paragraph 5.1 of the Standard, the activities of the WTO Enquiry Point on SPS/TBT sh all embrace all pertinent info rmation on the 
developed and adopted technical regulations which may have a major trad e impact, including all rele vant documents regarding: 
 
-  technical regulations develope d and adopted by the authorized bodies in accordance with the legislation of the Republic of K azakhstan;  
-  national standards of the Republic of Kazakhstan and documents of the same status, adopted by the authorized body on standar dization,  
  WT/ACC/KAZ/44
 Page 15Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
within its territory, in international 
and regional sanitary and 
phytosanitary organizations and 
systems, as well as in bilateral and 
multilateral agreements and 
arrangements within the scope of this 
Agreement, and the texts of such 
agreements and arrangements.  
 
 metrology, and certification; 
-  conformity assessment procedures, a pplied by the public administration bodies;  
-  control and inspection procedures, production and quarantine tr eatment, pesticide tolerance and food additive approval proce dures, which 
are operated within the territory of the Republic of Kazakhstan;  
-  risk assessment procedures, factors taken into consideration, as well as the determination of the appropriate level of sanit ary or 
phytosanitary protection; 
-  the membership and participation of the Republic of Kazakhs tan in international and regiona l organizations on standardizatio n, systems for 
conformity assessment, in bilateral or multilateral agreements and arrangements within the scope of the WTO Agreement on TBT an d the 
WTO Agreement on SPS, all pertinent information on the provisions of  systems and agreements, and the texts of such agreements a nd 
arrangements.  
 
Interactions between the public administra tion bodies and the WTO Enquiry Point on TB T/SPS involving information exchange shall  allow to:  
 
-  provide notifications; 
-  comment on draft technical regulations;  
-  answer incoming inquiries. 
 
It should also be noted that the observance of the provisions se t forth in this Paragraph is required from the WTO Members.  
Paragraphs 5 of Annex B 
 
Whenever the international standard, guideline 
or  recommendation does not exist or the 
content of a proposed sanitary and 
phytosanitary regulation is  not substantially the 
same as the content of an international 
standard, guideline or  recommendation, and if 
the regulation may have a significant effect on 
trade of  other Members, Members shall: 
 
 a)  publish a notice at an early stage in 
such a manner as to enable interested 
Members to become acquainted  with 
the proposal to introduce a particular 
regulation; 
 b)  notify other Members, through the 
Secretariat, of the  product to be 
covered by the regulation together 
with the brief indication on the  of the 
objective and rationale of the proposed regulation.  Such 
notifications shall take place at an 
early stage, when amendments can 
still be introduced; 
 c)  provide upon request to other Provisions set forth in Subparagraph 7.1 of Pa ragraph 7 of this Standard ensure that measures proposed in the framework of the WTO 
Agreements on TBT and SPS shall be published by the authorized bod y on standardization, metrology and certificati on (WTO Enquir y Point on 
TBT and SPS) in official publications or placed on the web-site in  such a form as was submitted by the information services of public 
administration bodies and/or  developing organizations. 
 
According to Subparagraph 6.1.4 of Paragraph 6.1 of Article 6 of this Standard, where copies of draft technical regulations are  requested by 
interested Members, they shall be supp lied by the WTO Enquiry Point on TBT/SPS within a period of 15 business days.  
 
Under Subparagraph 6.1.5 of Para graph 6 of the Standard, Members shall submit th eir comments on draft technical regulations of the Republic 
of Kazakhstan to the WTO Enquiry Point on TBT/SPS, where they sha ll be translated into the Russian language and forwarded toget her with 
the copy of the original to the rele vant governmental body and/or developer of the specific technical regulation. 
 
The Republic of Kazakhstan allows reasonable time for Members to  make comments on a proposed technical regulation, which shall not be less 
than 60 calendar days between the notification on a proposed technical regulation and its entry into force. 
 In urgent circumstances, the Republic of Kazakhstan may reduce  the term allowed for comments to 45 days, while the total period  allowed for 
comments may not exceed 90 calendar days.  
 WT/ACC/KAZ/44 
Page 16 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Members copies of the proposed 
regulation and, whenever possible, 
identify the parts which in substance 
deviate from international standard, 
guideline or  recommendation; 
 d) without discrimination, allow 
reasonable time for other Members to 
make comments in writing, discuss 
these comments upon request, and 
take the comments and the results of 
the discussions into account.      
Paragraph 6 of Annex В  
 
6. However, where urgent problems of health 
protection arise or threaten to arise for a 
Member, that Member may omit such of 
the steps enumerated in paragraph 5 of this 
Annex as it finds necessary, provided that 
the Member: 
 
 a)  immediately not ifies other Members, 
through the Secretariat, of the 
particular regulation and the products 
covered, with a brief indication of the objective and the rationale of the 
regulation, including the nature of the 
urgent problem(s) 
 b)  provides, upon request, copies of the 
regulation to other Members; 
 c)  allows other Members to make 
comments in writing, discusses these 
comments upon request, and takes the 
comments and the results of the 
discussions into account. The acting legislation of the Republic of 
Kazakhstan on sanitary and epidemiological 
safety does not offer fully adequate tools 
required to fulfil the obligation set forth in  
Paragraph 6 of Annex В.  
 
Conclusion: The observance of this 
paragraph, however, may be ensured in the 
framework of a subordinate act (Resolution of 
the Government of the Republic of 
Kazakhstan) to the Law. 
 No harmonization is necessary to ensure the observance of the obligations set forth in 
Paragraph 6 of Annex B of the WTO Agreement.  
 
According to Article 8(12) of the Law "On Ve terinary" and Article 7(2) of the Law "On 
Quarantine", the authorized public bodies of the Republic of Kazakhstan on veterinary and 
plant quarantine shall also organize and provide to all interested parties all available pertinent 
information on the ongoing veterinary and qua rantine programs, acting veterinary and 
quarantine rules and regulation s, other normative acts of th e Republic of Kazakhstan on 
veterinary and plant quarantine.  
 
Conclusion: Provisions of the Law are sufficient to enable the Republic of Kazakhstan to fulfil 
the obligations set forth in Paragraph 6 of Annex B of the WTO Agreement.  
   
  WT/ACC/KAZ/44
 Page 17Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
Paragraphs 10 of Annex B 
 
 Members shall designate a single central 
government authority as responsible for the 
implementation, on the national level, of the 
provisions concerning not ification procedures 
according to paragraphs 5, 6, 7 and 8 of  Annex 
B. Under the Law of the Republic of Kazakhstan the Law of the Repub lic of Kazakhstan "On Sanitary and Epidemiological Welfare", th e Ministry 
of Health of the Republic of Kazakhstan is  a single competent  central government au thority responsible for healthcare issues a nd an agency of 
the Republic of Kazakhstan responsible for the preparation a nd provision of notifications to international organizations. 
 
Under the Law of the Republic of Kazakhstan "On Plant Quarantine" , the Ministry of Agriculture of the Republic of Kazakhstan (D epartment 
on Plant Protection and Quarantine) shall be  responsible for the preparation and provision of notifications to international or ganizations and for 
the observance of obligations on openness.      
 
Under the Law of the Republic of Kazakhstan "On Veterinary", the Ministry of Agriculture of the Republic of Kazakhstan (Departm ent on 
Veterinary) is a single competent  central government authority re sponsible for veterinary issues and an agency of the Republic  of Kazakhstan 
responsible for the preparation and provision of notifications to intern ational organizations. 
Annex  С  
 
Control, inspection and approval procedures  
 
1. Members shall ensure, with respect to any 
procedure to check and ensure the 
fulfilment of sanitary or phytosanitary 
measures, that: 
 
 a)  such procedures are undertaken and 
completed without undue delay and 
in no less favourable manner for 
imported products than for like 
domestic products;  
 b)  the standard processing period of 
each procedure is published or that 
the anticipated processing period is 
communicated to the applicant upon 
request; when receiving an 
application, the competent body 
promptly examines the completeness 
of the documentation and informs the 
applicant in a precise and complete 
manner of all deficiencies;  the 
competent body transmits as soon as 
possible the results of the procedure 
in a precise and complete manner to 
the applicant so that corrective action may be taken if necessary; even when 
the application has deficiencies, the 
competent body proceeds as far as 
practicable with the procedure if the 
applicant so requests;  and that upon The acting legislation of the Republic of 
Kazakhstan on sanitary and epidemiological 
safety does not offer fully adequate tools 
required to fulfil the obligation set forth in 
this Paragraph of the WTO Agreement. 
 
Conclusion: The observance of this 
paragraph, however, may be ensured in the 
framework of a subordinate act (Resolution 
of the Government of the Republic of 
Kazakhstan) to the Law. 
 As per the obligations set forth in Paragraph 1 
of Annex C of the WTO Agreement, the 
following should be noted:  
 
1.  Provisions of Paragraph 1(2) of Article 17 
of the Law stipulate that veterinary 
inspectors may perform sampling of 
products subject to control of the state 
veterinary service for the purposes of 
diagnostics or veterinary and sanitary 
testing and that the anticipated processing 
period shall be communicated to the 
interested parties.  
2.  In accordance with Article 20(8) of the 
Law, the Republic of Kazakhstan has 
adopted the Rules for the State Veterinary 
Inspection of Products Subject to Control 
of the State Veterinary Service 
Transported across the State Border of the 
Republic of Kazakhstan (hereafter – the 
Rules), which contain exhaustive 
regulations on import, export and transit 
of products subject to control of the state 
veterinary service (the Resolution of the 
Government of the Republic of 
Kazakhstan No. 407 of 28 April 2003). 
3.  In particular, under the Rules, a territorial 
branch of the authorized body on 
veterinary shall investigate (within a 
period of no more than 15 days) existing 
possibilities (including processing, 
distribution or sale, and storage 
conditions) for the import of products to a As per the obligations set forth in Paragraph 1 
of Annex C of the WTO Agreement, the 
following should be noted:  
 
1.  In accordance with Article 5(2) of the 
Law, the Government of the Republic of 
Kazakhstan has adopted the Rules for the 
Protection of the Republic of Kazakhstan 
from Entry of Quarantine Objects 
(hereafter – the Plant Quarantine Rules) 
by the Resolution No. 773 of 
1 August 2003, which establish detailed 
regulations on import, export, and transit of quarantinable products and contain 
norms ensuring the minimum appropriate 
level of control, inspection, and approval 
procedures.  
2. Thus, quarantinable products may be 
imported into or transited across the 
territory of the Republic of Kazakhstan 
through stations located on the state 
border of the Republic of Kazakhstan and equipped in accordance with the acting 
requirements set forth in the plant 
quarantine rules and norms, provided that 
quarantinable products are accompanied 
with: 
 
 - quarantine import permits issued by 
the authorized body on plant 
quarantine;  
 - phytosanitary certificates issued by 
the quarantine services of exporting  
 WT/ACC/KAZ/44 
Page 18 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
request, the applicant is informed of 
the stage of the procedure, with any 
delay being explained; 
 с) information requirements are limited 
to what is necessary for appropriate 
control, inspection and approval 
procedures,  including for approval of 
the use of additives or for the 
establishment of tolerances for 
contaminants in food, beverages or 
feedstuffs; 
 d) the confidentiality of information 
about imported products arising from 
or supplied in connection with 
control, inspection and approval is 
respected in a way no less favourable 
than for domestic products and in 
such a manner that legitimate 
commercial interests are protected; 
 e) any requirements for control, 
inspection and approval of individual 
specimens of a product are limited to 
what is reasonable and necessary. 
 location within its territory. Where a 
territorial branch arrives at a favourable 
conclusion, it shall provide the 
requirements for a specific category of 
imported products to the owner and shall 
apply to the authorized body in writing 
with a request to issue an import permit. 
 
The authorized body shall within a period of 
5 business days issue an import permit for a specified product or return a refusal in writing 
with an indication of the reasons thereof.   
 
A veterinary inspector of the border 
veterinary station of the regional branch 
inspecting products at the point where they 
cross the national border of the Republic of 
Kazakhstan shall check and ensure the 
availability of a veteri nary certificate and a 
permit of the authorized body; the 
consistency of the product name, weight, 
packaging and quantity with the 
characteristics specified in the accompanying 
documents; the observance of transport 
conditions and shall collect a foreign 
veterinary certificate and replace it with a 
veterinary certificate of the Republic of 
Kazakhstan.  
 4. In accordance with Article 20(7) of the 
Law, confidential information shall not be 
released without written authorization from 
the owner of products subject to control of 
the state veterinary service.   
 
Conclusion: Provisions of the acting 
legislation are sufficient to enable the 
Republic of Kazakhstan to fulfil the 
obligations set forth in Article 8 of Annex B 
of the WTO Agreement. 
 
 countries for every shipment of 
quarantinable products. 
 -  quarantine import permits shall be 
issued for quarantinable products on 
the basis of written applications of 
natural persons and legal entities.   
 
3. To apply for a qua rantine import permit, 
natural persons and legal entities shall 
submit to the authorized body an 
application with the indication of the 
following information not later than 30 
days before the anticipated date of import 
or not later than 5 days before the 
anticipated date of transit:    
  -  the purpose of import of 
quarantinable products to the 
Republic of Kazakhstan (transit) 
and their quantity broken down by 
product with an indication of pre-
packaging methods and packaging 
types; 
 -  the place of destination and 
exploitation of products (address; 
for products in transit – transport 
route and country of destination);  
 - the exporting countries from which 
quarantinable products are expected 
to be imported or transited, and the 
country of origin of quarantinable 
products;  
 - the anticipated date of arrival of 
quarantinable products or the anticipated transit time;  
 -  the name of the border station used 
for the entry of quarantinable 
products to the Republic of 
Kazakhstan.   
 
4.  Government inspectors on plant 
quarantine of the border stations shall 
provide all necessary clarifications to the 
owners of products on the acting 
legislation of the Republic of Kazakhstan  
  WT/ACC/KAZ/44
 Page 19Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
on plant quarantine; check and ensure the 
availability of quara ntine permits and 
phytosanitary certificates issued by the 
national quarantine services of the 
exporting countries; conduct cursory 
inspections of the vehicles, quarantinable 
products, and packaging. Samples of 
quarantinable products shall be analyzed 
on the station to reveal possible pests, 
diseases or weeds, and where necessary 
shall be forwarded together with specific 
products to the Republican quarantine 
centre in order to be certified as varieties 
belonging to the category of quarantinable 
products.  
 In accordance with Article 13 of the Law,  
  
-  Where a supplier concludes a contract of 
delivery or a contract of transit of 
quarantinable products, the supplier shall 
obtain all available pe rtinent information 
on the acting quarantine measures from 
the authorized body and make necessary 
arrangements to prevent entry of 
quarantine objects; 
- Where the concluded contract contains 
confidential information, it shall not be 
released without written authorization 
from the supplier.  
 Conclusion: Provisions of the acting 
legislation are sufficient to enable the 
Republic of Kazakhstan to fulfil the 
obligations set forth in Annex C of the WTO 
Agreement. 
 f)  any fees imposed for the procedures 
on imported products are equitable in 
relation to any fees charged on like 
domestic products or products 
originating in any other Member and 
should be no higher than the actual 
cost of the service The acting legislation of the Republic of 
Kazakhstan on sanitary and epidemiological 
safety does not offer fully adequate tools 
required to fulfil the obligation set forth in 
this Paragraph of the WTO Agreement. 
 
Conclusion: The observance of this paragraph 
may be ensured in the framework of a The obligation set forth in Paragraph 1(f) of 
Annex 8 C of the WTO Agreement is 
reflected in the following legal norms:  
 
1. According to Article 35(2) of the Law, 
the owners of products subject to control 
of the state veterinary service shall bear 
all costs relating to the following Under Article 13(5) of the Law, the costs of 
inspection and decontamination of 
quarantinable products, cargoes, and transport 
facilities, laboratory testing, issuance of 
quarantine certificates shall be covered by the 
owners under procedures set forth in 
international agreements on plant quarantine 
and the legislation of the Republic of  
 WT/ACC/KAZ/44 
Page 20 Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
subordinate act (Resolution of the 
Government of the Republic of Kazakhstan) 
to the Law. 
 procedures under provisions established 
by the authorized state body on regulation 
and control of natural monopolies:  
 
 -  approbation, series control, and 
registration testing of veterinary 
drugs, feedstuffs, and feed 
additives;  
 -  identification of animals; markets; 
producing, slaughtering, storing, processing, and distributing 
organizations (for products subject 
to control of the state veterinary 
service);     
 - veterinary and sanitary market 
testing;  
 - dehelminthization, desinsection, 
deratization, disinfection (except 
disinfection by the border 
veterinary control stations);   
 - treatment, prevention, diagnostics, 
and eradication of animal diseases, 
including parasitic infestations, 
except for dangerous animal 
diseases listed in the Schedule 
adopted by the Government of the 
Republic of Kazakhstan; 
 - paper forms of veterinary and 
sanitary reports and veterinary 
certificates.  
 
Funds raised by all of  the above shall be 
transferred to the Republican budget on the 
basis of the procedures established under the 
acting legislation of the Republic of Kazakhstan.  
 
No measures set out in the Law and other 
normative acts on veterinary are applied in a 
manner which would constitute a means of 
restriction or discrimination between 
suppliers of imported and domestic products. 
Hence, imported products – after they are 
transported across the border of the Republic 
of Kazakhstan – shall be subject to the same Kazakhstan.     
 
No measures set out in the Law and other 
normative acts on plant quarantine are applied 
in a manner which would constitute a means 
of restriction or discrimination between 
suppliers of imported and domestic products. 
Hence, imported products – after they are 
transported across the border of the Republic 
of Kazakhstan – shall be subject to the same veterinary treatment as domestic products.  
 
Conclusion:  No amendments are necessary 
to harmonize the acting legislation of the 
Republic of Kazakhstan with the obligations 
undertaken under Paragraph 1(f) of Annex C 
of the WTO Agreement. 
  
  WT/ACC/KAZ/44
 Page 21Norms of the acting Kazakh legislation on veterinary/ conclusions and proposals Provisions of the WTO Agreement on the 
Application of Sanitary and Phytosanitary 
Measures Measures on sanitary and epidemiological 
welfare Veterinary Plant Quarantine 
veterinary regime as domestic products.  
 
Conclusion:  Provisions of the acting 
legislation are sufficient to enable the 
Republic of Kazakhstan to fulfil the 
obligations set forth in Paragraph 1(f) of 
Annex C of the WTO Agreement. 
 i)  a procedure exists to review 
complaints concerning the operation 
of such procedures and to take 
corrective action when a complaint is 
justified.  The acting legislation of the Republic of 
Kazakhstan on sanitary and epidemiological 
safety does not offer fully adequate tools 
required to fulfil the obligation set forth in 
this Paragraph of the WTO Agreement. 
 
Conclusion: The observance of this paragraph 
may be ensured in the framework of a 
subordinate act (Resolution of the 
Government of the Republic of Kazakhstan) 
to the Law. 
 The obligation set forth in Paragraph 1(i) of 
Annex С of the WTO Agreement is reflected 
in the following legal norms:  
 
1. Under Article 17(2) of the Law, any 
actions (failure to act) of veterinary 
inspectors may be appealed by natural 
persons and legal ent ities in superior 
bodies of the state veterinary service or in 
the court of law.  
2. Under Article 36(1) of the Law, any 
person, if found guilty of a violation(s) of 
the acting veterinary le gislation, shall be 
held responsible under the relevant 
provisions of the legislation of the 
Republic of Kazakhstan. 
 Conclusion:  Obligations set forth in 
Paragraph 1(i) of Annex C of the WTO 
Agreement are covered in the acting 
legislation of the Re public of Kazakhstan. The obligation covered by Paragraph 1(i) of 
Annex С of the WTO Agreement is reflected 
in the following legal norms:  
 
1. Under Article 15 of the Law, the 
procedures set forth in the legislation of 
the Republic of Kazakhstan shall apply to 
the settlement of disputes on specific 
issues of plant quarantine.  
2.  Under Article 16 of the Law, any natural 
person or legal entity, where found guilty 
of a violation(s) of the acting legislation 
on plant quarantine, shall be held 
responsible under the relevant provisions 
of the legislation of the Republic of 
Kazakhstan.   
 Conclusion:  Obligations set forth in 
Paragraph 1(i) of Annex C of the WTO 
Agreement are covered in the acting 
legislation of the Re public of Kazakhstan. 
 
 
__________