RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/32/Rev.1
23 September 2002
(02-5098)
Working Party on the
Accession of KazakhstanOriginal:  English
ACCESSION OF KAZAKHSTAN
Check-list of Illustrative SPS 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.
_______________WT/ACC/KAZ/32/Rev.1
Page 2 Commitments
(by the time of accession)Measures on Plants Quarantine Measures on VeterinaryMeasures on ensuring of sanitary-and-
epidemiological safety of population
1. Introduction of new
standards, animal healthregulations and food safety
regulations shall conform to
SPS Agreement principles.The legislative basis regulating the issues of sanitary and phytosanitary
measures on quarantine of plants and veterinary includes the Law ofthe Republic of Kazakhstan 10 July 2002 No. 339-II "On veterinary"
and the Law of the Republic of Kazakhstan 11 February 1999 No.344-I
"On Quarantine of Plants".  The amendments and additions are madeinto the Law of the Republic of Kazakhstan dated from February 2002"On Quarantine of Plants" (The Law of the Republic of Kazakhstan11 February 1999 No. 344-I)
In the given Laws the requirements in respect of the health of animals
and safety of foodstuff are reflected according to the main principles ofthe SPS Agreement: transparency, risk assessment criteria, availabilityof the information, etc.
The existing standards in respect of veterinary science and plant
quarantine are at the stage of study and harmonization according to theinternational requirements.
If the International Agreements ratified by the Republic of Kazakhstan
establish other norms than that are in corresponding laws according to
the Article 21 of the Law of the Republic of Kazakhstan and Article 2
of the Law of the Republic of Kazakhstan the rules of InternationalAgreements, ratified by the Republic of Kazakhstan, will be applied.Legislative base regulating issues of sanitary measures required
for life safety and human health includes the Law of theRepublic of Kazakhstan of 8 July 1994 No. III-XIII "On
sanitary-and-epidemiological safety of population", Decree of
the President of the Republic of Kazakhstan of 16 November1998 No. 4153 "On "People's health" state program, theEnactment of the Government of the Republic of Kazakhstan of29 November 2000 No. 1783 "On approval of the Protocol on
unified order of applica tion of technical, medical,
pharmaceutical, sanitary, veterinary, phytosanitary andecological standards, norms, rules and requirements in respectto the goods, imported to the states-participants of agreementson Customs Union"; Decree of the Prime-Minister of theRepublic of Kazakhstan "On measures on improvement of
sanitary-and-epidemiological expertise in the Republic of
Kazakhstan" of 30 December 1999 No. 181-p, the jointenactment of the Agency on metrology and certification of theMinistry of economy and trade of the Republic of Kazakhstan,Customs Committee of the Republic of Kazakhstan and Headstate sanitary doctor of the Republic of Kazakhstan "On security
of products (goods, processes, services) safety for human
health" of 9 July 1997 No. 225/07.
Effective legal acts on state sanitary-and-epidemiological
inspection and standards on foodstuff safety do not contradictinternational standards.WT/ACC/KAZ/32/Rev.1
Page 3Commitments
(by the time of accession)Measures on Plants Quarantine Measures on VeterinaryMeasures on ensuring of sanitary-and-
epidemiological safety of population
2. Establishment of a single
stationary operatedinformation bureauThe Republic of Kazakhstan has a necessary database which received
from all regions in Veterinary Science Department and PlantsQuarantine Department. Availability of the information is providedwith departments for all interested persons (Article 7, Item 1, Sub-item
2 of the Law of the Republic of Kazakhstan " On Quarantine of
Plants", Article 8, Item 12 of the Law of the Republic of Kazakhstan"Veterinary").
In connection with acceptance of the decision of the Government of the
Republic of Kazakhstan No. 1627 from 30 October 2000 "On matters
of formation of information and marketing system (hereinafter as to"IMS") of the Ministry of Agriculture of the Republic of Kazakhstan"the uniform information center providing with the operative analyticaland marketing information between the agricultural commodityproducers and the state bodies and also other participants of the
agrarian market including for the member-countries of the WTO
functions. In the frameworks IMS the Ministry of Agriculture(hereinafter as to MA RK) creates a website as follows:
www.minagri.kz  and the regular bulletin of the Ministry
"AgroInform" in which all are published accepted by the MA RKnormative and legal acts including on veterinary science, quarantineand protection of plants are issued.In the system of state sanitary-and-epidemiological inspection
of the Republic of Kazakhstan the required database isavailable, there are more than 20 programmes of automatedmanagement system (AMS), which is regularly renewed with
information of territorial subdivisions. A monthly
"Korshagan orta zhane khalyk densaulygy".  Environment andhuman health" bulletin is published regularly, covering aninformation on sanitary-and-epidemiological situation in theRepublic.WT/ACC/KAZ/32/Rev.1
Page 4Commitments
(by the time of accession)Measures on Plants Quarantine Measures on VeterinaryMeasures on ensuring of sanitary-and-
epidemiological safety of population
3. Openness principle
(transparency):
- notifications and access
to documentation:It is assumed, that while
incorporating the amendmentsand supplements to the Law "OnPlant Quarantine", the issues of
transparency and access to the
information will be taken intoaccount.
According to the Article 7, Item
1, Sub-item 2 of the Law of the
Republic of Kazakhstan "OnQuarantine of Plants" theconducting of account ofdistribution of quarantine objectsand representation information to
interested persons is provided.
Besides in the Article 7, Item 1,
Sub-item 7-1, of the Law of theRepublic of Kazakhstan "OnQuarantine of Plants" creation of
database on presence and
distribution of quarantine objectsin the Republic of Kazakhstan andforeign countries, measures andactions on struggle against them isstipulated.Veterinary Supervision
Department of the Ministry ofAgriculture of the Republic ofKazakhstan collects the
information on state veterinary
supervision in the Republic.According to the Article 8, Item12 of the Law of the Republic ofKazakhstan "On veterinary
science" in the competence of the
authorized state body in the fieldof veterinary science and itsterritorial divisions include theorganization and maintenance ofrepresentation to interested
persons of the information on the
carried out veterinary actions, theestablished veterinary rules andstandards and others normativeand legal acts of the Republic ofKazakhstan in the field of
veterinary science".
 Besides, since 1993, the Republic
of Kazakhstan is the member ofthe International Epizootic Bureau(IEB) and it uses the international
information in area of veterinary,
and also submit to the members ofIEB upon their request theinformation on the currentsanitary and veterinary situation
in the territory of the republic.Complete information of sanitary-and-epidemiological
inspection over the foodstuff quality and safety enters theCommittee of state sanitary-and-epidemiological inspection ofthe Ministry of public health.WT/ACC/KAZ/32/Rev.1
Page 5Commitments
(by the time of accession)Measures on Plants Quarantine Measures on VeterinaryMeasures on ensuring of sanitary-and-
epidemiological safety of population
a) identification of
authority responsiblefor makingnotifications to the
WTO and ensuring
transparencyobligations are met onan ongoing basis;In accordance with the
amendments and supplements tothe Law of the Republic ofKazakhstan "On Plant
Quarantine", which are under the
development, the Department ofProtection and Quarantine ofPlants of the Ministry ofAgriculture of the Republic of
Kazakhstan will be responsible
for the observation of thetransparency obligations,preparation and submission ofnotices to the internationalorganizations. In accordance with the Law of
the Republic of Kazakhstan "OnVeterinary", the VeterinarySupervision Department of the
Ministry of Agriculture of the
Republic of Kazakhstan is thecompetent state body onveterinary and is a responsibleentity in the Republic in respect
of preparation, submission of
notices to the internationalorganizations, including W ТО.Under the Law of the Republic of Kazakhstan "On sanitary-
and- epidemiological safety of population", the Enactments ofthe Cabinet of Ministers of the Republic of Kazakhstan of 25April 1995 No. 547 "On approval of provision on state sanitary-
and-epidemiological service of th e Republic of Kazakhstan" the
Committee on state sanitary-and-epidemiological inspection ofthe Republic of Kazakhstan is a competent central state body onpreparation, sending of notifications to internationalorganization.
b) establish guidance or
law requiring
publication of proposed
measures at an earlystage for comments;In the Republic of Kazakhstan the given norm is a prerogative of
subordinate legislation of normative and legal acts. In the execution of
the Article 8 of the Law of the Republic of Kazakhstan "On veterinary"
and Articles 7 of the Law of the Republic of Kazakhstan "On PlantQuarantine" the norm providing for publication at an early stage ofmeasures notices concerning the pr ospective introduction of a concrete
measure for acquaintance and representations of comments will be
reflected in subordinate legislation of normative and legal acts.This standard is regulated by the Law of the Republic of
Kazakhstan "On legal acts". Ministry of public health of the
Republic of Kazakhstan and Committee on state sanitary-and-
epidemiological inspection of the Ministry of public health ofthe Republic of Kazakhstan present their comments on effectivelegislative base in public health and sanitary-and-epidemiological safety of population.
c) Provision development
in law or administrative
procedure to providecopies of proposedmeasures to WTOMembers; andIn the Republic of Kazakhstan the given norm is a prerogative of
subordinate legislative acts. In the execution of the Article 8 of the Law
of the Republic of Kazakhstan "On veterinary" and Article 7 of theRepublic of Kazakhstan "On Plant Quarantine" the norm providing forpublication at an early stage of measures notices concerning theprospective introduction of a conc rete measure for acquaintance and
representations of comments will be reflected in subordinate legislation
of normative and legal acts.In the Republic of Kazakhstan this standard is a prerogative of
subordinate legislative acts.WT/ACC/KAZ/32/Rev.1
Page 6Commitments
(by the time of accession)Measures on Plants Quarantine Measures on VeterinaryMeasures on ensuring of sanitary-and-
epidemiological safety of population
d) require in law or
administrativeprocedure, a reasonableperiod of time for
comment from
Members and thepublic, andestablishment of aprocess to take
comment into account
without discrimination.The projects of the developed laws concerning interests of the majority
of citizens (including "On veterinary" and "On Plant Quarantine" arepublished in an official press for general discussion with the indicationof terms of reception of offers and remarks.  Terms are established by
the developer, usually in 30-days term.
In the Republic of Kazakhstan the given norm is a prerogative of
subordinate legislative acts. In the execution of the Article 8 of the Lawof the Republic of Kazakhstan "On veterinary" and Article 7 of the
Republic of Kazakhstan "On Plant Quarantine" the norm providing for
publication at an early stage of measures notices concerning theprospective introduction of a conc rete measure for acquaintance and
representations of comments will be reflected in subordinate legislationof normative and legal acts.Pursuant to the Article 24 of the Law of the Republic of
Kazakhstan "On sanitary-and-epidemiological safety ofpopulation" proposed alterations and additions in legislative actsin force are open for discussion in scientific and public circles.
Being elaborated draft laws referred to interests of a majority of
citizens are published in the official press for discussion.
4. Necessity sanitary and
phytosanitary measures areapplied only to the extent
necessary to protect human,
animal or plant health.Kazakhstan applies phytosanitary
measures in that degree, whichnecessary in order to ensure safety
of health of people, animals and
plants.
According to the Article 4, Item 1
of the Law of the Republic of
Kazakhstan "On Plant
Quarantine" one of principles of astate policy in plant quarantine isthe providing the protection ofvegetative resources andvegetable products from damage
and destruction by quarantine
objects with a view ofmaintenance of food and rawsafety of the country.Kazakhstan ensures observation
and application of sanitarymeasures in the framework of the
IEB.
According to the Article 4, Item 7
of the Law of the Republic of
Kazakhstan "On veterinary" the
unreasonable restrictions inrealization under inspection to theState Veterinary Supervision ofcargoes are not supposed at therealization of veterinary actions
with the purpose of maintenance
of the veterinary - sanitary well-being.Under the legislation in force of the Republic of Kazakhstan the
sanitary measures are applied with a view of ensuring afavorable human environment and securing a sanitary-and
epidemiological safety of population by exercising control over
the foodstuff safety, conformity of food raw material, food andother products with sanitary rules and standards, hygienicstandards.WT/ACC/KAZ/32/Rev.1
Page 7Commitments
(by the time of accession)Measures on Plants Quarantine Measures on VeterinaryMeasures on ensuring of sanitary-and-
epidemiological safety of population
5. Regulations Based on
Science: regulationsgoverning animal and planthealth and food safety shall
be based on scientific
evidence.Article 4, Sub-item 3 of the Law
of the Republic of Kazakhstan"On Plant Quarantine" providedthat principles of implementation
of the state measures on plant
quarantine in the territory of theRepublic shall be as follows:objective, scientifically justifiedassessment of possible impact of
quarantine objects on plant
resources and products of plantorigin and prevention of possibleinjury, caused by them.Any provisions and instructions
aimed at protection of animals,and for the purposes of safety ofpeople, they shall be subject to
mandatory examination and
approbation, and also theInternational standards and normsof the International EpizooticBureau shall be taken into
account. Article 4, Sub-item 5 of
the Law of the Republic ofKazakhstan "On PlantQuarantine" provided that thestate policy in the veterinarysupervision is directed on the
development of veterinary rules
and specifications on a scientificbasis in view of an objectiveestimation epizootic situationsand the international standards inthe veterinary science.In the Republic of Kazakhstan all standards and provisions of
legislation in force, regulating human health protection arescientifically justified. The new standards and provisions areworked out on the basis of proposals of scientific-and- research
institutes. In the Article 22 of the Law of the Republic of
Kazakhstan "On sanitary-and-epidemiological safety ofpopulation" the following standard is provided: "Sanitary rulesand standards, hygienic standards are worked out by scientific-and- research institutes, sanitary-and-epidemiological stations
and other specialized institutions. Sanitary rules and standards,
hygienic standards are reconsidered periodically withemergence of new scientific and practical data".
6. Harmonization: to the extent
possible members shall
follow internationalstandards, guidelines, andrecommendations inestablishing SPS measures.Article 7 (1), sub-item 8 of the
Law of the Republic of
Kazakhstan "On PlantQuarantine" sets forth, that thestate phytosanitary service shalldevelop together with research-scientific organizations, the
quarantine measures based on the
international norms andrecommendations and shall carryout control over the fulfillmentthereof by physical persons andlegal entities, irrespective of the
forms of ownership.Together with the project TACIS
the work on harmonization of the
Republican veterinary legislationto the international standards andnorms is conducted.
Under the development of new
standards the requirements of the
International Veterinary Code aretaken into account.The work on bringing of national legislation in line with
international requirements is carried out regularly. In case of
elaboration of new legal acts the general principles of "Code ofAlimentarius", referred to foodstuff hygiene, as well asagreements on sanitary-and-epidemiological issues andfoodstuff safety, are to be taken into consideration.WT/ACC/KAZ/32/Rev.1
Page 8Commitments
(by the time of accession)Measures on Plants Quarantine Measures on VeterinaryMeasures on ensuring of sanitary-and-
epidemiological safety of population
7. Equivalence: members shall
recognize different measuresthat achieve the same levelof protection.Principle of equivalency is
reflected in the Law of theRepublic of Kazakhstan "On PlantQuarantine", Article 13, Item 2
states, that quarantine measures of
other countries are recognized, ifthey ensure an appropriate levelof phytosanitary protection,applied in the republic.Being the member of the IEB,
Kazakhstan shall conductconsultations is case of anydifferences in sanitary measures
approaches and reach the
agreement to recognize theequivalency of concrete sanitarymeasures. The principle ofequivalence will be reflected in
normative and legal acts
"Veterinary-sanitary requirementsat export, import and transit ofunder inspection to the stateveterinary supervision of cargoes"Kazakhstan, being a member of World Health Organization
(further – WHO), jointly with other international organizationscarries out an activity on coordination of actions in the area offoodstuff safety, performed at the level of countries and
participants in elaboration of global WHO strategy in the field
of foodstuff and concrete regional demands.
8. Risk Assessment:
developing scientificevidence and conducting
risk assessment to unsure
that measures are based onscience and applied only tothe extent necessary toprotect health.In accordance with Article 4 (1)
of the Law of the Republic ofKazakhstan "On Plant
Quarantine", the principles of
implementation of the statemeasures on plant quarantine inthe territory of Republic ofKazakhstan are as follows:
objective, scientifically justified
assessment of possible impact ofquarantine objects on plantresources and products of a plantorigin and prevention of possibleinjury, caused by them.Veterinary practices of the
republic possesses own methodson diagnostics, treatment and
specific preventive measures
against infectious animals'diseases, which proved to bereliable in the territory ofrepublic. When using these
methodologies, risk assessment
method is applied, which includethe elements of observance,scientifically justified proving,assessment of policy, possible riskmanagement, introduction of
measures and the liquidation,
what meets the requirements theInternational Veterinary Code.Risk assessment for application of measures, required for
human life and health protection is carried out by the territorialbodied of public health and state sanitary-and-epidemiological
inspection. Scientific fundamentals of risk assessment and
ensuring of application of measures required for human healthprotection are stipulated in legislation of the Republic ofKazakhstan on health protection and sanitary-and-epidemiological safety.  State sanitary-and-epidemiological
service exercises sanitary-and-epidemiological inspection over
the infectious diseases, generalize an information aboutmicroorganisms in foodstuff and their connection with diseasescausing in food. These assessments serve for elaboration ofnational rules in the area of foodstuff and other directive andnormative documents.WT/ACC/KAZ/32/Rev.1
Page 9Commitments
(by the time of accession)Measures on Plants Quarantine Measures on VeterinaryMeasures on ensuring of sanitary-and-
epidemiological safety of population
9. Regional conditions:
measures take into accountthe regional characteristicsboth of the areas from which
products originate and the
areas for which they aredestined.In Article 7, Item 1, sub-item 5 of
the Law of the Republic ofKazakhstan "On PlantQuarantine" is provided that the
authorized state body "carries out
the quarantine examination,laboratory examination andphytosanitary certification ofimported and exported
underquarantine production as
assumed phytosanitarycharacteristics of territory andorigin of the product and place ofits destination will be taken intoaccount.In Article 20, Item 3 of the Law
of the Republic of Kazakhstan"On veterinary" is stipulated thatimport, export and transit under
inspection to the state veterinary
supervision is carried outaccording to an estimationepizootic situations ofcorresponding territories.Putting into effect sanitary-and-hygienic and antiepidemic
measures by bodies of state sanitary-and-epidemiologicalinspection provide for the entire complex of measures,including regional characteristics and other factors.
 Sanitary-and-epidemiological expertise, carried out by bodies
and institutions of state sanitary-and-epidemiologicalinspection, is based on complex assessment of impact ofinhabitancy objects on sanitary-and-epidemiological situation,
human health, examination of reasons and conditions of disease
origin and poisoning of people; assessment of conformity oftaken in the process of economic or other activities decisionswith requirements of sanitary-and—hygienic rules andstandards, hygienic standards.
10. Non-discrimination:
measures do not arbitrarily
or unjustifiably discriminate
between different membersor between domestic andforeign suppliers. The same regime is applied with
respect to all foreign suppliers and
domestic suppliers.
When issuing a quarantine
certificate to certify theconformity of imported or transit
products with the necessary
phytosanitary requirements, thesame criteria are applied that areused in respect of domesticsuppliers (The Law of theRepublic of Kazakhstan "On Plant
Quarantine", Article 20)The same regime is applied with
respect to all foreign suppliers and
domestic suppliers. In case of
issuance of veterinary certificateto certify the conformity ofimported or transit products withthe necessary sanitary
requirements, the same criteria are
applied that are used in respect ofdomestic suppliers.
Restrictions for the countries
WTO- members will be applied
the same way as they are
currently applied, in case ofunfavorable conditions withrespect to animals' diseases inaccordance with list of A and B ofthe International Epizootic
Bureau. The Republic of
Kazakhstan such informationreceives from the InternationalEpizootic Bureau since 1993.Discrimination in respect of
domestic or foreign suppliers isThe same regime is applied to all foreign suppliers as to
domestic ones. Legal acts of state sanitary-and-epidemiological
inspection are applicable within the entire territory of the
Republic and compulsory for execution by all managingsubjects.WT/ACC/KAZ/32/Rev.1
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epidemiological safety of population
excluded. The main requirements
are as follows: favorableconditions in the territory wherethe products have been purchased
from, conformity of the veterinary
documents and the permission tothe importation or transit from thecountry – importer.
According to the Item 7, Article 4
of the Law of the Republic ofKazakhstan "On veterinary" theunreasonable restrictions inrealization under inspection to theState Veterinary Supervision of
cargoes are not supposed at the
realization of veterinary actionswith the purpose of maintenanceof the veterinary - sanitary well-being.
11. Control, inspection and
approval procedures: ensure
that procedures, including
systems for approval of theuse of additives or forestablishing tolerances forcontaminants in foods,beverages or feed-stuffs
comply with Agreement.Currently this standard prevails within the framework of intergov ernmental agreements of the Republic of Kazakhstan. At the sam e time,
the legal base of the Republic of Kazakhstan regarding the procedure of control, inspection and licensing is being brought in l ine with
international standards. This standard will be fulfilled upon bringing them in line.
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