RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/32/Rev.2
30 April 2003
(03-2303)
Working Party on the
Accession of KazakhstanOriginal:  English
ACCESSION OF KAZAKHSTAN
Check-list of Illustrative Sanitary and Phytosanitary Issues
for Consideration in Accession to the WTO
Revision
The Ministry of Economy and Trade of the Republic of Kazakhstan has submitted the
following information with the request that it be  circulated to members of the Working Party.
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1. New standards and
requirements to animal
health and safety of
foods must implementprinciples, set out in theSPS Agreement.The legislation of the Republic of Kazakhstan, regulating sanitary and
phytosanitary measures relating to plant quarantine and veterinary, comprises the
Law of the Republic of Kazakhstan No. 339-II of 10 July 2002 "On Veterinary",
and the Law of the Republic of Kazakhstan No. 344-I of 11 February 1999 "OnPlant Quarantine".  In February 2002, the Law of the Republic of Kazakhstan "OnPlant Quarantine" (No. 344-I of 11 February 1999) has been amended.
The above laws contain requirements to animal health and safety of foods that
implement main principles of the SPS Agreement, including:  transparency, risk
assessment criteria, accessibility of information, parity, etc..
Existing veterinary and plant quarantine standards are currently at the stage of
development and harmonization with the international requirements.
If the international treaties, ratified by the Republic of Kazakhstan, stipulate norms
other than those contained in the above laws, under Article 21 of the Law of theRepublic of Kazakhstan "On Plant Quarantine" and Article 2 of the Law of theRepublic of Kazakhstan "On Veterinary", the former shall have priority over thenational legislation of the Republic of Kazakhstan.The legislation of the Republic of Kazakhstan regulating
sanitary measures aimed at the protection of human life
and health, comprises:  the Law of the Republic of
Kazakhstan No. III-XIII of 8 July 1994 "On Sanitary andEpidemiological Safety of Population", the Decree of thePresident of the Republic of Kazakhstan No. 4153 of16 November 1998 "On the National Program 'People'sHealth'"; the Resolution of the Government of the Republic
of Kazakhstan No. 1783 of 29 November 2000 "On
Adoption of the Protocol on Uniform Procedures for theApplication of Technical, Medical, Pharmaceutical,Sanitary, Veterinary, Phytosanitary, and EcologicalStandards, Norms, Rules, and Regulations to Goods,Imported to the Customs Union Member-Countries"; the
Decree of the Prime-Minister of the Republic of
Kazakhstan No. 181-p of 30 December 1999 "OnMeasures for the Improvement of Sanitary andEpidemiological Control in th e Republic of Kazakhstan";
the joint Resolution of the Agency on Metrology and
Certification of the Ministry of Economy and Trade of the
Republic of Kazakhstan, the Customs Committee of theRepublic of Kazakhstan, and the Chief State SanitaryExpert of the Republic of Kazakhstan "On Safety ofProducts (Goods, Works, Services) for Human Health" No.225/07 of 9 June 1997.
Existing normative legislative acts on the state sanitary and
epidemiological control, as we ll as standards on safety of
foods are in line with the international standards.WT/ACC/KAZ/32/Rev.2
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2. Establishment of a single
permanent enquiry point.The Ministry of Agriculture of the Republic of Kazakhstan is the body responsible
for the establishment of the Information Center for cooperation with WTO
member-countries in the sphere of sanitary and phytosanitary measures.
The Republic of Kazakhstan has developed the necessary database comprising data
submitted by all oblasts to the Veterinary Department and the Plant QuarantineDepartment.  These departments provide access to the information for all interestedparties (in pursuance of Sub-Paragraph 2 Paragraph 1 Article 7 of the Law of the
Republic of Kazakhstan "On Plant Quarantine"; Paragraph 12 Article 8 of the Law
of the Republic of Kazakhstan "On Veterinary").
In 2002 the Ministry of Agriculture of th e Republic of Kazakhs tan has established
the Marketing Information System (Centre), designed, inter alia , to provide
agricultural producers and public administration bodies with marketing, analytical,
and other information, as well as to give access to adopted normative and
legislative acts.
The project also includes the web-site www.minagri.kz , containing sections on
Veterinary, Plant Protection, Farming, Animal Husbandry, etc.  These sections
allow access for all interested parties to documents relating to sanitary and
phytosanitary rules.
Also, the Center has been designed to an swer incoming inquiries, in particular,
those on sanitary and phytosanitary measures.  Any interested party may receivenecessary clarifications by sending a request to the following e-mail address:
strategy@minagri.kz .
Additionally, the project includes the analytical bulletin "AgroInform" published
on a monthly basis, that contains texts of all titles adopted in the sphere ofagriculture, including veterinary, and plant quarantine.  A special section of thebulletin is dedicated to the publication of answers to submitted inquiries.   The system of the state sanitary and epidemiological
control of the Republic of Kazakhstan includes the
required database comprising more than 20 programs of
the automated management system (AMS).  The databaseis regularly updated with the information submitted byregional branches.  Also, the Republic of Kazakhstanpublishes a monthly bulletin "Environment and Health"that contains data on the sanitary and epidemiological
conditions in the country.WT/ACC/KAZ/32/Rev.2
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3. Transparency: timely
notification and access
to informationThe amended variant of the Law of the
Republic of Kazakhstan "On Plant
Quarantine" addresses the entire range
of issues on transparency andaccessibility of information.
Sub-Paragraph 2 Paragraph 1 Article 7
of the Law of the Republic of
Kazakhstan "On Plant Quarantine"
provides for recording of quarantineobjects and provision of information toall interested parties.
Also, Sub-Paragraph 7-1 Paragraph 1
Article 7 of the Law of the Republic of
Kazakhstan "On Plant Quarantine"requires development of a database onquarantine objects and their spreadingin the Republic of Kazakhstan and
foreign countries, as well as on
measures and actions aimed at theircontrol.
In this connection, the Republic of
Kazakhstan is currently taking steps
towards creation of the database
including information on quarantineobjects and their spreading.The Department of Veterinary Control
of the Ministry of Agriculture of the
Republic of Kazakhstan receives all
information on the state veterinarycontrol exercised in the Republic ofKazakhstan.  Under Paragraph 12Article 8 of the Law of the Republic ofKazakhstan "On Veterinary", the
competence of the authorized public
body in the sphere of veterinary and itsregional branches extends to"compilation and provision ofinformation on veterinary measures, setveterinary rules and regulations, other
normative acts of the Republic of
Kazakhstan on veterinary to allinterested parties".
Also, in 1993 the Republic of
Kazakhstan has joined the International
Epizootic Bureau (hereafter - IEB) andin this role has access to internationaldata on veterinary, while providingaccess to IEB members to theinformation on the veterinary and
sanitary situation in the Republic of
Kazakhstan.The State Sanitary and Epidemiological Control
Committee of the Ministry of Health of the Republic of
Kazakhstan receives complete information on the sanitary
and epidemiological control over quality and safety offoods.WT/ACC/KAZ/32/Rev.2
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(a) appointment of an
agency, permanently
responsible for
preparation andsubmission ofnotifications to the WTOmembers, andfulfillment of
commitments on
transparency;The Ministry of Agriculture of the Republic of Kazakhstan is a body permanently
responsible for the preparation and submission of notifications to the WTO as well
as for the fulfillment of commitments on transparency.
Under the Law of the Republic of Kazakhstan "On Plant Quarantine", the
Department on Plant Protection and Quarantine of the Ministry of Agriculture ofthe Republic of Kazakhstan is responsible for the preparation and development ofnotifications.
Under the Law of the Republic of Kazakhstan "On Veterinary", the Department of
Veterinary Control of the Ministry of Agriculture of the Republic of Kazakhstan isthe main public body, responsible for the veterinary and for the preparation andsubmission of notifications to the international organizations.Under the Law of the Republic of Kazakhstan "On
Sanitary and Epidemiological Safety of Population", the
Resolution of the Cabinet of Ministers of the Republic of
Kazakhstan No. 547 of 25 April 1995 "On Adoption of theProvision on the State Sanitary and EpidemiologicalService in the Republic of Kazakhstan", the State Sanitaryand Epidemiological Control Committee is the mainauthorized body responsible for the development and
submission of notifications to the international
organizations.
(b) development of
instructions and articles
of the law stipulating
early publication ofnotifications on theplanned implementationof a concrete measurefor information purposes
and to allow submission
of comments;In the legislation of the Republic of Kazakhstan, this norm is covered by
subordinate normative legislative acts. In pursuance of Article 8 of the Law of the
Republic of Kazakhstan "On Veterinary" and Article 7 of the Law of the Republic
of Kazakhstan "On Plant Quarantine", the norm requiring early publication ofnotifications on planned implementation of a concrete measure for informationpurposes and to allow sufficient time for the submission of comments, will beimplemented by the subordinate legislative acts after accession of the Republic ofKazakhstan to the WTO.This norm is covered by the Law of the Republic of
Kazakhstan "On Normative Legislative Acts".  Comments
on the legislation in place in the sphere of health protection
as well as sanitary and epidemiological safety of thepopulation are submitted by the Ministry of Health of theRepublic of Kazakhstan and the State Sanitary andEpidemiological Control Committee of the Ministry ofHealth of the Republic of Kazakhstan.
(c) development of
provisions, laws oradministrativeprocedures stipulatingsubmission to the WTO
members of copies of
documents on measuresdeveloped forimplementation;In the legislation of the Republic of Kazakhstan, this norm is covered by
subordinate normative legislative acts. In pursuance of Article 8 of the Law of theRepublic of Kazakhstan "On Veterinary" and Article 7 of the Law of the Republicof Kazakhstan "On Plant Quarantine", the norm requiring early publication ofnotifications on planned implementation of a concrete measure for information
purposes and to allow sufficient time for submission of comments, will be
implemented by the subordinate legislative acts after accession of the Republic ofKazakhstan to the WTO.In the Republic of Kazakhstan, this norm is covered by
subordinate normative legislative acts.WT/ACC/KAZ/32/Rev.2
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(d) allowing the WTO
members and the public
a reasonably long period
of time for submissionof comments inpursuance of the law oradministrativeprocedures, and
implementation of
procedures relating toexamination andadoption of submittedcomments on a non-discriminating basis.Draft laws affecting interests of the major part of the population (including laws on
veterinary and plant quarantine) shall be published by the official press to initiate
discussions and shall specify a term for submission of comments and proposals.
The term shall be set by the drafting party and usually shall not exceed 30 days.
In the legislation of the Republic of Kazakhstan, this norm is covered by
subordinate normative legislative acts. In pursuance of Article 8 of the Law of theRepublic of Kazakhstan "On Veterinary" and Article 7 of the Law of the Republic
of Kazakhstan "On Plant Quarantine", the norm requiring early publication of
notifications on planned implementation of a concrete measure for informationpurposes and to allow sufficient time for submission of comments, will beimplemented by the subordinate legislative acts after accession of the Republic ofKazakhstan to the WTO.Under Article 24 of the Law of the Republic of Kazakhstan
"On Sanitary and Epidemiological Safety of Population",
proposed changes and amendments to the current
legislation shall be open for discussion in scientific andpublic circles.
The draft laws affecting interests of the major part of the
population shall be published by the official press for
discussion purposes.
4. Necessity of sanitary and
phytosanitary measures,
used only for theprotection of human andanimal health.The Republic of Kazakhstan applies
phytosanitary measures only to an
extent necessary for the protection ofhuman and animal health, and plants.
Under Paragraph 1 Article 4 of the Law
of the Republic of Kazakhstan "On
Plant Quarantine", one of the principles
of the national policies on plantquarantine is "the protection of plantresources and products of plant originfrom spoiling and from destruction byquarantine objects to ensure safety of
foods and raw materials".The Republic of Kazakhstan ensures
fulfillment and application of sanitary
measures in the framework of the IEB.
Under Paragraph 7 Article 4 of the Law
of the Republic of Kazakhstan "OnVeterinary", no ungrounded restrictions
on sale of goods subject to control of
the state veterinary control bodies shallbe allowed in the course ofimplementation of veterinary measuresaimed at the veterinary and sanitarysafety.Under the current legislation of the Republic of
Kazakhstan, sanitary measures shall be applied only to an
extent necessary to create favorable environmentalconditions and ensure sanitary and epidemiological safetyof the population by exercising control over safety offoods, conformity of food materials, foods, and otherproducts with the sanitary rules, norms, and hygienic
standards.WT/ACC/KAZ/32/Rev.2
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5. Scientific justification:
provisions on the
protection of human and
animal health, and plantsshall be scientificallywell-grounded.Paragraph 3 Article 4 of the Law of the
Republic of Kazakhstan "On Plant
Quarantine" stipulates that the
principles underlying national measureson plant quarantine, implemented in theRepublic of Kazakhstan, shall be basedon the "objective scientific assessmentof the potential influence of quarantine
objects on the plant resources and plant
products and prevention of potentialdamages".All proposals and instructions, proposed
for the protection of animal and human
health, shall be subject to scientific
analysis and undergo preliminarytesting. All of the above shallincorporate international standards andnorms of the IEB.
Paragraph 5 Article 4 of the Law of the
Republic of Kazakhstan "OnVeterinary" stipulates that the nationalpolicies on the veterinary control beaimed at the development of veterinaryrules and standards based on scientific
methods, objective evaluation of
epizootic conditions, and internationalveterinary norms.All norms and provisions of the current legislation of the
Republic of Kazakhstan on the protection of human health
are scientifically well-grounded. New norms and
provisions are developed based on proposals of researchinstitutes. Article 22 of the Law of the Republic ofKazakhstan "On Sanitary and Epidemiological Safety ofPopulation" stipulates that:  "Sanitary rules, norms, andhygienic standards shall be developed by research
institutes, sanitary and epidemiological centers, and other
specialized bodies. Sanitary rules, norms, and hygienicstandards shall be reviewed based on the emergingscientific and practical data".
6. Harmonization: where
possible, member-countries must useinternational standards
and regulations in the
course ofimplementation of theSPS measures.Sub-Paragraph 8 Paragraph 1 Article 7
of the Law of the Republic ofKazakhstan "On Plant Quarantine"states that the phytosanitary service
shall develop, jointly with research
organizations, quarantine measuresbased on international norms andrecommendations and carry out controlover the observance of these norms andrecommendations by natural persons
and legal entities regardless of the form
of ownership.The Republic of Kazakhstan, jointly
with the TACIS project, takes stepstowards harmonization of the nationallegislation on veterinary with the
international norms and standards.
Development of new standards
incorporates requirements, set out in theInternational Animal Health Code.The Republic of Kazakhstan continues its work on the
harmonization of its legislation with the internationalrequirements. Development of new normative legislativeacts incorporates general principles set out in the Codex
Alimentarius, relating to the hygiene of foods, as well as
agreements on sanitary and epidemiological issues, andproduct safety.
6а. Where possible,
member-countries mustparticipate in theoperation of specificinternational
organizations and
auxiliary bodies.The Republic of Kazakhstan intends to
join the European and MediterraneanPlant Protection Organization by theend of 2003.The Republic of Kazakhstan has joined
the International Epizootic Bureau in1993.WT/ACC/KAZ/32/Rev.2
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7. Parity:  member-
countries must recognize
various measures if they
ensure the same level ofprotection.The principle of parity is covered by
Paragraph 2 Article 13 of the Law of the
Republic of Kazakhstan "On Plant
Quarantine" that provides for therecognition of quarantine measures ofother countries if they ensure anappropriate level of phytosanitaryprotection used in the Republic of
Kazakhstan.As a member of the IEB, the Republic
of Kazakhstan holds consultations in
cases where there are divergences of
approaches relating to veterinarymeasures.
The principle of parity will be reflected
in the legislative act on "Veterinary and
Sanitary Requirements Applied to
Import, Export, and Transit of Goods,Subject to the State Veterinary Control".The completion of work is projected for2003.As a member of the World Health Organization (hereafter
– WHO), the Republic of Kazakhstan, jointly with other
international organizations, takes steps to coordinate
activities in the sphere of food safety, at the level ofcountries and WHO members, aimed at the development ofthe WHO global strategy on food safety and concreteregional needs.
8. Risk assessment:
development of
scientific evidence and
assessment of risk inorder to give scientificjustification andimplement measuresonly to an extent,
required for the
protection of human lifeor health, animals orplants.Paragraph 3 Article 4 of the Law of the
Republic of Kazakhstan "On Plant
Quarantine" stipulates that the
principles underlying national measureson plant quarantine, implemented in theRepublic of Kazakhstan, shall be basedon the "objective scientific assessmentof the potential influence of quarantine
objects on plant resources and plant
products and prevention of potentialdamages".The veterinary practices used in the
Republic of Kazakhstan comprise
reliable diagnostic, treatment, and
specific preventive measures applied toanimal infectious diseases.  Applicationof these measures requires riskassessment, including observationresults, scientific evidence,  assessment
policies, potential risk management
opportunities, implementation ofmeasures, and elimination mechanisms,all of which meet the requirements setout in the International Animal HealthCode (Paragraph 5 Article 4 of the Law
of the Republic of Kazakhstan "On
Veterinary").The regional health authorities and state sanitary and
epidemiological control bodies are responsible for the
assessment of risks arising from application of measures
required for the protection of human life and health. Thescientific fundamentals for the risk assessment andapplication of measures required for the protection ofhuman health are set out in the legislation of the Republicof Kazakhstan on health protection and sanitary and
epidemiological safety of the population. The state sanitary
and epidemiological service is engaged in sanitary andepidemiological control of infectious diseases, compilesdata on microorganisms in foods and on their connectionwith diseases.  The results of this work serve as a basis forthe development of the national rules on foods, as well as
other instructions and normative documents.WT/ACC/KAZ/32/Rev.2
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9. Regional conditions:
sanitary or phytosanitary
measures must reflect
regional specifics, boththe place of origin andthe place of destinationof a good.Under Sub-Paragraph 5 Paragraph 1
Article 7 of the Law of the Republic of
Kazakhstan "On Plant Quarantine", the
authorized public body shall "conductquarantine inspections, laboratoryexaminations and phytosanitarycertification of imported and exportedquarantinable products, noting the
phytosanitary conditions of the areas
and places of their origin, as well as theplace of destination".Under Paragraph 3 Article 20 of the
Law of the Republic of Kazakhstan "On
Veterinary", import, export, and transit
of goods subject to the state veterinarycontrol shall be performed inaccordance with the assessment of theepizootic situation in the correspondingterritory.Sanitary, hygienic, and anti-epidemic activities performed
by bodies of the state sanitary and epidemiological control
include an entire range of measures, incorporating regional
specifics and other factors.Sanitary and epidemiological inspections, conducted bybodies and agencies of the state sanitary andepidemiological control, is based on the comprehensiveassessment of the influence of all parts of the environment
on the sanitary and epidemiological situation; results of the
research on causes and conditions for outbreaks of diseasesand instances of food poisoning; as well as on theassessment of consistency of decisions taken in the courseof economic and other activities with the requirements setout in sanitary and epidemiological rules, norms, and
hygienic standards.WT/ACC/KAZ/32/Rev.2
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10.Non-discrimination:
measures shall not be
applied arbitrarily or be,
without sufficientgrounds, of adiscriminating nature,and vary betweenmember-countries; or
discriminate between
domestic and foreignsuppliersUnder the legislation of the Republic of
Kazakhstan, all foreign suppliers shall
be subject to the plant quarantine
treatment identical to that applied todomestic suppliers.
Import quarantine certificates, proving
conformity of imported goods or goods
in transit with the phytosanitary
requirements in place in the Republic ofKazakhstan, shall be issued to foreignand domestic suppliers based on thesame criteria (Article 20 of the Law ofthe Republic of Kazakhstan "On Plant
Quarantine").Under the legislation of the Republic of
Kazakhstan, all foreign suppliers shall
be subject to the plant quarantine
treatment identical to that applied todomestic suppliers.
Veterinary certificates, proving
conformity of imported goods or goods
in transit with the sanitary requirements
in place in the Republic of Kazakhstan,shall be issued to foreign and domesticsuppliers based on the same criteria.
If the country is affected by adverse
effects of diseases, included in
Schedules A and B of the IEB, theRepublic of Kazakhstan may introducerestrictions on import, export, andtransit of goods, subject to the state
veterinary control. Decisions on
introduction of such restrictions arebased on the information, submitted bythe IEB (since 1993).
No discrimination between domestic
and foreign suppliers shall be allowed,
the main requirement being safety of thearea of production, adequacy ofveterinary papers, and availability of theimport or transit certificate issued by theimporting country.All foreign suppliers shall be subject to the treatment
identical to that applied to domestic suppliers. Normative
legislative acts on the state sanitary and epidemiological
control shall be in force in the entire territory of theRepublic of Kazakhstan and be binding for all economicagents.WT/ACC/KAZ/32/Rev.2
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Under Paragraph 7 Article 4 of the Law
of the Republic of Kazakhstan "On
Veterinary", no ungrounded restrictions
on sale of goods subject to control ofthe state veterinary control bodies shallbe allowed in the course ofimplementation of veterinary measuresaimed at the veterinary and sanitary
safety.
11. Control, inspection, and
authorizationprocedures: procedures,including rules forobtaining anauthorization for the use
of additives or of an
admissible deviationfrom standards ofcontamination for goods,beverages, and feedstuff,must conform with the
provisions of the SPS
Agreement.At present, this norm dominates in the framework of international agreements of the Republic of Kazakhstan, while the legislati on of the
Republic of Kazakhstan regulating control, inspection, and authorization procedures is being brought in line with the internati onal standards.
The norm will be implemented in the course of this process.
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