RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/ARM/12
28 July 1999
(99-3186)
Working Party on the
Accession of ArmeniaOriginal:  English
ACCESSION OF ARMENIA
Checklist of Illustrative TBT Issues for Consideration in Accessions
The Government of the Republic of Armenia has submitted the following Checklist of
Illustrative TBT Issues for Consideration in Accessions, with the request that it be circulated to Working
Party members.
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Checklist of Illustrative TBT Issues for Consideration in Accessions
Commitments (by the time of accession) WTO Reference
1. Standstill: the introduction of new
standards, technical regulations andconformity assessment procedures shouldbe fully compatible with the TBTAgreement.Generally agreed principal in  WTO accession negotiations
At present these issues are regulated by the Law of the Republic of Armenia (RA) on the “Standardization and
Certification”, Civil Code of the RA, relevant Government al Decrees  which mainly ar e in accordance with the TBT
Agreement. Armenia is a member of ISO since 1997. Presently new Laws of the RA on the “Conformity Assessment
of Products and Services to the Normative Requirements” (hereinafter “Conformity Assessment”) and on the
“Standardization” are drafted and would be approved by the 15.09.99 and 01.11.99 correspondingly, and would becompatible with TBT Agreement. A new  Governmental  Decree on “Regulation on Preparation, Adoption and
Application of Technical Regulations” (hereinafter ”Technical  Regulations”)  also is drafted and to be approved by
July, 1999.
Standstill of 60 days before the introduction of new standards, technical regulations, conformity assessment
procedures is stipulated by all Drafts legislative documents mentioned above.
 By the Decree of the Prime-Minister #268 of 05/04/99 on the “Primary  measures to be taken for the WTO accessionof the Republic of Armenia” the timetable of the elaboratio n of high-priority legislative acts in compliance with  the
WTO provisions, particularly ones of TBT agreement,  is established.
2. Submission of Statement on
Implementation.Article 15.2 and TBT Committee Decision (G/TBT/1)
Statement on Implementation will be submitted to the WTO Secretariat  as soon as Ar menia is acceded to the WTO.
At present by Article 5. of the Law of the RA on the “Procedure of the promulgation and entry into force of the Lawsof the Republic of Armenia and other normative legal acts” it is stipulated:“Laws and other normative legal acts mentioned in the Article 1 of this Law  enter into force after 10 days from thedate of official promulgation, unless other terms are not foreseen by the given Law or normative legal act.”
According to the Draft Governmental Decree on “Technical Regulations”, Draft  Laws on “Standardization”  and
“Conformity assessment” 60 days period is foreseen for coming into force of promulgated new standards, technical
regulations or procedures of conformity assessment.
3. Establishment and operation of a single
Contact Point for Information (“enquirypoint”)Article 10
According to the Draft of Governme ntal Decree “On the WTO Information Services” WTO enquiry point operating
TBT and SPS issues in compliance with the provisions of WTO agreements on TBT and SPS, shall be established at
the Department for Standardization, Metrology and Certif ication adjacent the Government of the RA (SARM), and
WTO Notification Center at the WTO Department of the Ministry of Industry and Trade (MIT) and procedures on
their operation shall be approved by September 1999.WT/ACC/ARM/12
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4. Identification of authority responsible
for notifications, publications and otherinternal procedures to ensuretransparency obligations are met on anongoing basis:
(a) Identification of publication where
notices of proposed technicalregulations and conformityassessment procedures will appear;Articles 2, 3, 5, 7, 10, 15.2, Annex 3 and G/TBT/1
Articles 2.9.1, 3.1, 5.6.2, 7.1, 10.1.5
Government of the Republic of Armenia and SARM are auth orities responsible for notification, publications and other
internal procedures according to:the Law of the RA on the “Procedure of the promulgation and entry into force of the Laws of the Republic of Armenia
and other normative legal acts”:
“Article 3. Publication of the Laws and other normative legal acts mentioned in the Article 1 in the “Official Bulletin
of the Republic of Armenia” is mandatory an d considered as their official promulgation.
Article 4. “Official Bulletin of the Republic of Armenia” is the official periodical issued by the Government.“Official Bulletin of the Republic of Armenia”  shall be issued at least twice a month.”
and the  Governmental Decree #26 of 01/20/98 on the “Measures to ensure the implementation of the separate articles
of the Laws of the Republic of Armenia on the “Standardization and Certification” and the “Uniformity of Measures”(Clause 4):“SARM shall publish the information on the adoption, invalidation, and substitution of the national standards andindices, their amendments, annexes text.
The list of the national standards and registers, valid in the RA, shall be published in the reference book "Standards
and Specifications" and the "Catalogue of the Armenian Standards" issued by SARM.”
According to the Draft of the Go vernmental Decree “On the WTO Information Services” WTO enquiry point
operating TBT and SPS issues shall be responsible for the publication of “information on notified Armenian drafttechnical regulations in the bulletin” (Procedure of operation of WTO enquiry point on TBT and SPS, Clause 1, point
d).
(b) identification of authority responsible
for making notifications to the WTO;Articles  2.9.2,  2.10.1,  3.2,  3.3,  5.6.2,  5.7.1, 7.2, 7.3, 10.7, 10.10
Notification Center shall be established at the WTO Department of the Ministry of Industry and Trade  according to
the Draft of the Governmental Decree “on the WTO Information Services”.WT/ACC/ARM/12
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(c)  guidance/law to  ensure regulatory
authorities afford non-discriminatoryconsideration to comments in thepreparation of a final regulationArticles 2.9.4, 2.10.3, 3.1, 3.3, 5.6.4, 5.7.3, 7.1, 7.3
Draft of Governmental Decree on the “Technical Regulations“, Part II:
“Part II. Requirements to the preparation of technical regulations:
5. Authorized bodies developing technical regulations are obliged, two months prior to the starting of their drafting,
promulgate notice on it in official publication.
6. Whenever the relevant international standard does not exist and (or)  developed technical regulation can have
impact on the conditions of goods export from the RA or import into the RA, the authorized body working outtechnical regulation shall submit drafts of technical re gulations with appropriate substantiation to the WTO
Notification Center,  as well as CIS Member coun tries with which the trade treaties are signed.
7. If technical regulations being developed completely comply with international standards, then WTO Secretariat
shall be notified.
8. Authorized body preparing technical regulation afte r publication of the notice according to the Clause 5 of
present Regulation in two months period, shall discuss written suggestions and comments received within thisperiod from the government bodies and other interested persons in the Republic of Armenia, as well as fromauthorized bodies of WTO Member countries concerning the draft technical regulation.
Proposals and comments on the drafts of technical regulations shall be discussed without any discrimination”.
Draft of the Governmental Decree “On the WTO Information Services”, Clause IV:
“IV. All Ministries and industrial organizations shall:refrain from adopting and amending regulations within 60 days from the day they have been submitted to the
Notification Center;
take into account any comments on draft technical regu lations received from other WTO member countries and
provide justification when this is not feasible”.WT/ACC/ARM/12
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(d) guidance/law to  ensure regulatory
authorities allow a reasonable  periodof time between the final publicationof a technical regulation andconformity assessment procedureand its entry into force so that
supplier can adapt;Articles 2.11, 2.12, 3.1, 5.8, 5.9, 7.1
Draft of the Governmental Decree on the “Technical Regulations“ (Part IV. Adoption and Implementation of
Technical Regulations, Clause 16): “No less than 60 days period shall be established between the final publication of a technical regulation and its entryinto force which is  necessary for the realization of meas ures established by technical regulations on product/service
or methods of its production/provision.”
Draft of the Governmental Decree “On the WTO Informatio n Services”, Procedure of the operation of Notification
Center (NC), Clause 1, point f):  NC shall “provide upon the request to other countries copies of the proposedregulation, and whenever possible, identify the parts which substantially deviate from international standards,
guidelines or recommendations”.
(e) publication and notification of work
program for standards and non-
governmental conformity assessmentprocedures, including publication ofnotices of draft standards and anopportunity for public comment.Article 4, Annex 3 (J, K, L, N, O);
Article 8.1
Draft Law on “Standardization” Part II. Normative Documents of Standardization, their Application and  Provision
with Information, Article 8. National Standards, Clause 4: ”Procedures of standards preparation, adoption andapplication shall comply with Code of Good Practice for the Preparation, Adoption and Application of Standards.”
“Hajast” is the newspaper which is issued monthly by SARM where the information on work program for standards,
including publication of notices of draft standards, conformity assessment and an opportunity for public comments isavailable. (For more information see point 4 (A) of this Checklist).WT/ACC/ARM/12
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5. Development and Application of Technical
Regulations and Conformity AssessmentProcedures: Existence of legal and/oradministrative underpinnings (or“reasonable measures” as appropriate) toensure ongoing compliance with
provisions of the agree ment concerning, in
particular:
(a) non-discrimination with respect to
the treatment of products;Articles 2, 3, 5, 6, 7
Articles 2.1, 3.1, 5.1, 5.2, 7.1
By the Governmental Decree # 124 of 12/29/95 on “Non-ta riff regulation of the commodities (operations, services)
import and export in the Republic of Armenia” a single system of non-tariff regulation of commodities (operations,services) import and export transactions in the Republic of  Armenia is established (Clause 1). Then in Clauses 2:
 “A single system of non-tariff regulation of commodities (operations, services) import and export is applied to alleconomic entities on the territory of the RA regardless of the type of their ownership and place of state registration”.
According to the Draft Governmental Decree on “Technical Regulations” (Part I. Technical Regulations in the RA,
Clause 1):“Technical regulations in the RA are equally applied to th e products and services of domestic and foreign origin.”
According to Procedural Rules “On Importation of Goods Subject to the Compulsory Certification in the Republic of
Armenia into the Customs Territory of the Republic of Armenia” of the Governmental Decree #15 of  01/16/98 on the
“Compulsory Certification of Goods and Services in the Republic of Armenia” common rules are foreseen for the
treatment of products subject to compulsory certification for foreign and native citizens:
Part I: ”General Provisions
1. The application of the present regulation is extended to legal entities, enterprises, which do not have status of
legal entities, and private enterprises (hereinafter econo mic entities) who import goods into Customs  of the
Republic of Armenia, which are subject to compulsory certi fication in the Republic of Armenia, as well as to the
citizens of the Republic of Armenia and foreign countries. “
Non-discrimination principle is stipulated by Clause 1 of Article 14. “Declaration on   Conformity” of Draft Law onthe “Conformity Assessment”:Native and foreign manufacturers, providers of services, as well as proxy of foreign manufacturer regulation have a
right to issue Declaration on c onformity of product and service”.WT/ACC/ARM/12
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(b) the prohibition of unnecessary
obstacles to international trade andthe consideration of less trade-restrictive alternat ives to fulfilling
legitimate objectives.Articles 2.2, 3.1, 5.1, 5.2, 7.1
According to the Law on “Standardization and Certificatio n” (Article 14. Objectives of certification), Drafts of
Governmental Decree on “Technical Regulations” (Part II. Re quirements to the preparation of technical regulations,
Clause 3) and the Law on “Conformity Assessment” (Article 5. Objects Subject to Compulsory ConformityAssessment) the objectives of technical regulations and conformity assessment are to ensure the national security,
including economic security,  protection of consumers life an d health, environment, flora and fauna, natural resources,
improvement of products quality raising their competitiveness, prevention of a deceptive practices.
Other methods of conformity assessment than certification, less expensive and trade restrictive, are foreseen in Draft
Law on “Conformity Assessment”, namely declaration  on conformity, types and sample testing:
Article 14. Declaration on Conformity, Clause 5:
”Declaration on the conformity and conformity certificate have  the same legal capacity in the territory of the Republic
of Armenia.”“Goods subject to compulsory conformity assessment in the RA which are at the market or in circulation shall haveconformity mark, or conformity certificate or registered conformity declaration” (Article 15 of this Draft Law).
The possibility to receive the mark of the system is foreseen in frame of mutual recognition of certification system as
provided by the Procedural Rules “On Importation of Goods Subject to the Compulsory Certification in the Republicof Armenia into the Customs Territory of the Republic of Armenia”  of the Governmental Decree #15 of  01/16/98 onthe “Compulsory Certification of Goods and Services in the Republic of Armenia”:“In accordance with the stipulated requirements for obligat ory certification regulations of the Republic of Armenia,
conformity certification of products imported into Customs  territory of the Republic of Armenia, is implemented
either by certification of products within the framework of  national certification system of the Republic of Armenia
(hereinafter – system)  or on the basis of recognition and reformulation of foreign certificates assessing the conformityof products to mandatory requirements.The forms of the certificate or mark of compliance, as well as regulations for issue are established by normativedocuments.”
Detailed description of all procedures of products conformity assessment is given in HST 5.3-98 Armenian standard,
where the case for the conformity assessment on the site of facilities  is provided (point 6.6.4 of the document).By this standard it is foreseen that procedures of conformity assessment shall be realized prompt (point 6.4.1) and inthe same conditions for domestic and foreign production (point 6.1).
According to the Draft Law on “Conformity Assessment” compulsory conformity assessment is conducted by the
authorized certification body according to  the conformity assessment scheme established for specified production orWT/ACC/ARM/12
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service. “Conformity assessment scheme is established by normative documents of applicant, that he has chosen from
schemes of compulsory conformity assessment for this kind of products established by relevant Ministry”.“List of products subject to compulsory conformity assessment shall be publicized in press, all interestedorganizations shall be informed and enter in force not less than 2 months after official promulgation”.
Information on procedure is available and can be provided by Enquiry point upon the applicants’ request (Draft of
Governmental Decree on “WTO Information Services”); co mpetent body shall inform the client on the results of
conformity assessment as soon as possible, as well as on the stage of procedure and the reasons of any delay (HST5.3-98, point 6.4.2). This is stipulated also by the Law on “Standardization and Certification”:“Article 19. Rights and obligations of participants of compulsory certificationCertification body:
…shall conduct control over the certified by him product, wo rk, service conformity, and provide with the information
on certification on the request of applicant.”
Confidentiality of the information is also provided by HST 5.3-98.
(c) ongoing review of technical
regulations to ensure they areappropriate to achieve the desiredlegitimate objectives;Articles 2.3, 3.1, 7.1
Draft of Governmental Decree on “Technical Regulations” (Part II, Clause 9): “Authorized bodies preparing technical
regulation shall, in the cases when the conditions or purposes of the technical regulation was elaborated for are
disappeared or changed, to consider this t echnical regulation invalid or to amend it.”
According to the Draft Law on “Conformity Assessment”, the National Body for Conformity Assessment shall:
 “…assist and advice responsible ministries in drafting and up-dating of provisions related to conformity assessmentin technical regulations.”WT/ACC/ARM/12
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(d) Consideration of appropriate
international standards, guides andrecommendations as a basis forconformity assessment procedures;Articles 2.4, 3.1, 5.4, 7.1
Draft of Governmental Decree on “Technical Regulations”  (Part IV. References to Standards in Regulations, Clause
13):“Texts, completely or partly, of national standards as well as international, regional (interstate) standards and nationalstandards of other countries, applied in accordance with legislation of the RA, or their codes can be referred to in
technical regulations.”
Indicative and exclusive references to standards shall be applied (Clause 14).
As it is stipulated by the Draft Law on “Conformity Assessment” National Body for Conformity Assessment shall:
“Coordinate, control and develop conformity assessment activities in Armenia in accordance with international
standards and guidelines, and with international agreements to which Armenia is a party.”
Clause 2, point a) of Procedural Rules “On Importation of Goods Subject to Compulsory Certification in the Republic
of Armenia into the Customs Territory of the Republic of Armenia”  established by the Governmental Decree #15 of01/16/98 on the “Compulsory Certification of Goods and Services in the Republic of Armenia”: “Compulsorycertification of products and services in the Republic of Armenia is conducted in the frame of National Certification
System of the Republic of Armenia accordi ng to national standards of HST 5 series”.
HST 5 is harmonized with ISO/IEC standards.
(e) the consideration of equivalent
technical regulations of otherMembers;Article 2.7, 3.1, 7.1
Draft Governmental Decree on “Technical Regulations”,  Part III. Recognition of International, Regional (Interstate)
and National (of Other Countries) Technical RegulationsClause 11.  International, regional (i nterstate) and national (of other countries ) technical regulations can be considered
as equivalent to the technical regulations adopted in the RA and applied in parallel with them, if they
    a) do not conflict  with the legislation of the RA;         b) contribute to the realization of purposes stip ulated by the technical regulation of the RA in a same extent.
Clause 12.  The consideration of international, regional  (interstate) and national (of other countries) technical
regulations as equivalent to the ones adopted in the RA shall be made by those state bodies which are authorized toadopt mandatory requirements to goods and services according to the legislation of the RA.”WT/ACC/ARM/12
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(f) the acceptance of  the results of
conformity assessment proceduresconducted by bodies in an exportingMember country;Articles 6, 7.1
Mutual recognition of conformity assessment proced ures between countries is regulated according to:
The Law on “Standardization and Certification”:Article 23. State administration in the field of standardization and certificationClause2. Authorized body:
participates in international, regional, interg overnmental standardization and certification works;
jc) establishes rules for the recognition of foreign certificates, conformity marks and results of testing;jf) prepares suggestions on the joint to the international, regional certification systems and signs agreements withthem.”
At  present  SARM has signed agreements on the mutual recognition of certificates with National Bodies of CIS
countries, Iran, China, Slovak Republic. SARM is carrying out negotiations with Romania, Bulgaria, India, US to signsimilar agreements on cooperation.Procedures of recognition of the certificates issued by the foreign certification body are specified in the HST 5.8
standard which is fully harmonized with ISO/IEC guides and EN 45000 series standards.HST 5.8 allows for simplified procedure on acceptance of cer tificates issued by certification bodies of other countries,
with whom Armenia has not signed agreements on mutual recognition of certificates, if Armenian authorities are
satisfied that conformity procedures in those co untries offer adequate assurance of conformity.
Works on the recognition of the certificates issued by the foreign certification body are r ealized according to the HST
5.8 standard which is fully harmonized with ISO/IEC guides and EN 45000 series standards.
Technical competence of conformity assessment bodies and testing laboratories is ensured by accreditation.
According to the Law on the “Standardization and Certification” (Article   18. “ Participants of compulsory
certification):Accreditation is recognition by the authorized body of the technical competence of a legal entity or physical person
participating in the certification process.
Certification body is a legal entity, which is accredited by established order with the purpose to realize the
certification.
Testing laboratory is a legal entity, which is accredited by established order to fulfill products, works, services tests in
the field of certification.”
According to the draft Law on the “Conformity Assessment”:
“Article 9. Mandatory conformity assessment of products, services and its  participants
Clause 4. Certification bodies and testing laboratories participating in the mandatory conformity assessment works
shall be accredited (no more than for 5 years) by the body authorized by the Government of the RA according to theWT/ACC/ARM/12
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Procedure established by the Government of the RA.”
Accreditation of the certification bodies and testing laboratorie s is realized according to the HST 5.1 and 5.2 standards
which are fully harmonized with ISO/IEC  and EN45000 standards.
Accredited certification bodies and testing laboratories shall be registered and authorized by National body for
Conformity Assessment for the mandatory tasks (Draft Law on “Conformity Assessment”).
(g) Non-discriminatory and cost-based
fee structureArticles 5.2, 7.1, 10.4
At present non-discrimination principle is stipulated by the Governmental Decree # 124 of 12/29/95 on “Non-tariff
regulation of the commodities (operations, services) import and export in the Republic of Armenia”, mentioned inpoint 5 (A).
For the compulsory certificatio n procedures same fees are established fo r natives and foreigners according to the
Procedural Rules “On Fee for the Compulsory Certification in the Republic of Armenia” of the Governmental Decree
#15 of 01/16/98:
 “1.Procedure of certification in the Republic of Armeni a should be implemented by the following bodies accredited
by SARM:
certification authorities
testing laboratories2.The fee for obligatory certification should be made by legal entities, enterprises, without status of legal entities,private entrepreneur irrespective of form of ownership and legal form of organization, in accordance with ratesapproved by the Ministry of Economy and Finance of the Republic of Armenia and agreed with SARM.
The appeal procedure is stipulated  by th e Law on “Standardization and Certification”:
Article 23. State  administration in the field of standardization and certificationClause 2. “Authorized body:jh) discusses appeals on the certification issues;”
and is foreseen in Draft Law on “Conformity Assessment”:
“Article 17. Appeal of the actions of the participants of compulsory conformity assessment.Client has the right to appeal the actions of authorized certification body in following cases:if  registration of declaration on conformity is refused;if the scheme on conformity assessment not foreseen in the client application was applied in the process of therealization of conformity assessment works;WT/ACC/ARM/12
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 if the fee for the compulsory conformity assessment procedure has been increased;
in the cases of refusal on issuing of the conformity certificate, prolongation of its validity or its change;in other cases of  infringements of client’s rights.In the case of disagreement with decision of National body client has a right to apply to the court according to
procedure stipulated by the legislation of the RA.”
Procedure of consideration of appeals is described by HH KN 07334.5.001-98 rules established within the framework
of National system for certification
Fees foreseen for the copies of documents provided to foreign clients shall be the same (if any) as for native citizens
which is foreseen in Draft Governmental Decree on “WTO Information Services”.
6. Development and Application of
Standards and Conformity Assessment
Procedures: Existence of legal and/or
administrative underpinnings (or“reasonable measures” as appropriate) toensure ongoing compliance withprovisions of the agree ment concerning, in
particular:
(a) non-discrimination with respect to
the treatment of products;Article 4 and Annex 3, Article 8
Annex 3 (D),  Article 8.1
“Code of Good Practice for the Preparation, Adoption and A pplication of Standards” shall be accepted by the National
Body for Standardization according to Draft Law on “Stand ardization” where Standard  is defined as “document by
which rules, general principles or description concerning different spheres of activities or their results, for common
and repeated use, are established, which is developed on th e basis of consensus to reach definite optimal ordering and
approved by the authorized body. Depending on field of application and approval level standards can be international,regional (interstate) and national.”According to the Draft Law, application of standards is voluntary.WT/ACC/ARM/12
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(b) prohibition of unnecessary obstacles
to international trade;Annex 3 (E),  Article 8.1
Article 4. “The objectives of standardization”  of the Law on “Standardization and Certification”:
“The objective of standardization is to provide:the safety of production, work, service for the environment, life, health and property;the technical and informational compatibility, reciprocal substitution of the production;
the improvement of quality of the production, work, service;
uniformity of measures;economy of resources;in the event of emergencies, the security of the economic objects;the essential conditions for the state defense and mobilization readiness.”
In Draft Law on “Standardization” the main purpose of stan dardization  is to ensure the quality of work, products,
services and not to create a barriers to trade.
(c) the consideration of appropriate
international standards, guides andrecommendations as a basis forstandards;Annex 3 (F), Article 8.1
Law on “Standardization and Certification” (article 8, cl ause 1 b)), as well as draft new law on “Standardization”
provides that standards applied in the RA are national and “International, regional, intergovernmental standards andstandardization rules and norms, implemented in accordance with the established order”.  International standards,
completely or partly, shall serve as a basis for standards development except the cases when  they are ineffective
because of main climate or geographical factors, or fundamental technological problems. (Draft Law on
”Standardization”, article 8)
Voluntary conformity assessment is stipulated by the Law on “Standardization and Certification” (Article 22), as well
as draft Law on ”Conformity Assessment” (Article 22) and is defined as follows:
“Article 22. Objects of Voluntary Conformity Assessment
Objects of voluntary conformity assessment are products, works, services, quality, environment management  systems
and other objects to which the normative requirements  are applied. Voluntary conformity assessment is conducted bythe initiative of applicant on the basis of normative documents chosen by him.
Voluntary conformity assessment of products and services  can be realized by the acceptance of declaration on
conformity or by certification.”
Conformity assessment in the field of voluntary certification shall also be  conducted by duly accredited bodies. (Draft
Law on “Conformity Assessment”,  Article 24).All issues connected with procedures of concluding th e agreements, competence of parties, their responsibilities,WT/ACC/ARM/12
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transparency of their activities, keeping close confidential information and payments are regulated by the “Civil Code
of the RA”. HST 5.3-98  standard for procedure of products certification is applied also for voluntary conformityassessment.
(d) non-discriminatory and cost-based
fee structure.Annex 3 (M), Annex 3 (P), Articles  8.1, 10.4
According to the order of the Director  of Standardization Institute and the President of SARM cost–based and non-
discriminatory structure is established.
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