RESTRICTED  
 
WT/ACC/SPEC/KAZ/9/Rev.14/Corr.1  
 
9 June 2015  
(15-3009)  Page: 1/8  
Working Party on the  
Accession of Kazakhstan  
  
 
 ACCESSION OF KAZAKHSTAN 
DRAFT REPORT OF THE WORKING PARTY 
ON THE ACCESSION OF KAZAKSHTAN 
Corrigendum* 
 
Paragraph 693 should read as indicated below: 
693. The representative of Kazakhstan explaine d that the Commission had adopted 35 out of 60 
planned EAEU technical regulations, including th ose related to SPS matters, by November 2014, 
and that all of these technical regulations would enter into force, after a transitional period to allow 
producers, importers, and exporters to become aware of and comply with the new technical 
regulations.  A minimum period of six months between the date of publication of a technical 
regulation and the date of its entry into force was established in the Decisions adopting the 
technical regulations in order to allow entities to be able to comply with the provisions of a new 
technical regulation or amendments to a technical regulation. Currently, amendments to EEC 
Council Decision No. 48 were being considered in order to envisage this rule in the EAEU legislation, which had been adopted on 28 May 2015 . Notification of when EAEU Technical 
Regulations entered into force and superseded nati onal technical regulations would be posted on 
the EEC website.  In response to a question  f r o m  a  M e m b e r  o f  t h e  W o r k i n g  P a r t y ,  t h e  
representative of Kazakhstan confirmed that no new national technical regulations were being 
developed.   
Paragraph 696 should read as indicated below:  
696. The representative of Kazakhstan with respect to sanitary measures noted that in 
accordance with paragraph 2 of Article 57 of the EAEU Treaty, the Common Sanitary 
Requirements, adopted by CU Commission Decisi on No. 299 and applied to products to which 
technical regulations were to be developed, had to be included into the relevant technical 
regulations. In other words, CU Commission Deci sion No. 299 remained as "reference document", 
codifying all sanitary requirements to products.  However, only the technical regulations, once in 
force, were directly applicable to the controlled goods.  Sanitary requirements contained in EAEU 
technical regulations had to be identical to the requirements of the CU Commission Decision 
                                               
* In English only. These changes w ill be reflected in the final vers ion of the Working Party Report. 
 WT/ACC/SPEC/KAZ/9/Rev.14/Corr.1 
 
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  No. 299.  When a sanitary requirement was changed, public consultation of amendments into 
Common Sanitary Requirements and the relevant EAEU technical regulation would be held simultaneously.  With regard to veterinary requirements, she further clarified that in accordance 
with paragraph 3 of Annex No. 9 of the EAEU Tr eaty, EAEU technical regulations could contain 
veterinary-sanitary and quarantine phytosanitary requirements only of general nature, for example 
the requirement to accompany a product with a veterinary certificate.  In addition, Kazakhstan had 
raised the issue of duplication and inconsistencies in the technical regulations and EAEU decisions 
at the EAEU level.  At present, there were two draft amendments to the EAEU Technical Regulation 
"On Food Safety".  The first draft had gone through public consultations in July 2013 and was 
under review for approval by the Consultative  Committee. The second draft had gone through 
public consultations in July 2014 and was under discussion by the working group on sanitary measures before review by the Consultative Committee.  Pursuant to the Schedule on 
Development of CU Technical Regulations, the two drafts were planned for adoption prior to 
Kazakhstan's accession to the WTO .  These amendments, among other things, were aimed at 
elimination of discrepancies in the EAEU documents. 
Paragraph 712 should read as indicated below: 
712. In response to a specific question of a Me mber, the representative of Kazakhstan confirmed 
that, in addition, at the request of a Member, Kazakhstan would negotiate and mutually agree on 
bilateral veterinary certificates with a third country for the goods subject to veterinary control 
imported into  the territory of Kazakhstan until EAEU veterinary certificates with the third country 
for such goods entered into force.  The circulation within the EAEU of such goods imported 
into the territory of Kazakhstan on the basi s of such bilateral certificates agreed by 
Kazakhstan may be limited to the territory of Kazakhstan.   The Working Party took note of 
this commitment.  
Paragraph 736 should read as indicated below: 
736. The representative of Kazakhstan confirmed that in implementation of CU Commission 
Decision No. 317 "On the Application of Vete rinary-Sanitary Measures in the Customs 
Union" of 18 June 2010, as amended by the Decision of the Collegium of the EEC No. 294 "On 
Introduction of Amendments into Certain Decisions of the Customs Union Commission" of 
10 December 2013, Kazakhstan would not require an establishment to be included in the Register 
as set out in Annex 19 of this Report  for importation into the territory of  Kazakhstan.  
The representative of Kazakhstan co nfirmed that in implementation of CU Commission Decision 
No. 317 "On the Application of Veterinary-San itary Measures in the Customs Union" of 
18 June 2010, as amended by  the Decision of the Collegium of the EEC No. 294 "On 
Introduction of Amendments into Certain Decisions of the Customs Union Commission" of 
10 December 2013, Kazakhstan would not require a successful audit as a pre-condition for 
importation into the territory of  Kazakhstan of goods listed in Annex 19 of this Report.  The 
circulation within the EAEU of such goods imported into the territory of Kazakhstan 
listed in Annex 19 of this Report may be  limited to the territory of Kazakhstan.  WT/ACC/SPEC/KAZ/9/Rev.14/Corr.1 
 
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  The representative of Kazakhstan further confir med that these measures would be implemented 
prior to accession of Kazakhstan to the WTO.  The Working Party took note of these commitments. 
 
Paragraph 747 should read as indicated below: 
747. The representative of Kazakhstan confirmed that Kazakhstan would provide three 
possibilities for exporting countries' establishments to become eligible to export to the territory of 
Kazakhstan, as contained in EEC Council De cision No. 94 "On Regulation on Common 
System of Joint Inspections of Objects and Sampling Goods (Products), Subject to 
Veterinary Control (Surve illance)" of 9 October 2014 , and added to the Register where 
required pursuant to Annex 19 of this Report including through a system audit, or a joint 
inspection or alternatively, based on guarantees  of competent authorities of third countries.  
The Working Party took note of this commitment. 
Paragraph 753 should read as indicated below: 
753. In response, the representative of Kazakh stan explained that, at the request of the 
competent authorities of the third country, the EAEU member States would conduct a system audit 
to determine if the official system of supervisio n of that third country wa s capable of providing a 
level of protection at least equivalent to that provided by EAEU requirements.  If this audit of the 
official system of supervision was successful, the EAEU member States would include 
establishments of the audited country on the Regist er in accordance with a list of establishments 
that the competent authority of the third country provided to the EAEU member States.  If an 
audit of a third country's official system of supervision was not carried out or was not completed or 
if, as a result of such audit, the third country's o fficial system of supervision was not recognized as 
being capable to provide a level of protection at least equivalent to that provided by the EAEU 
requirements, the EAEU member States could agree to include establishments of that country to 
the Register on the basis of joint inspections or guarantees provided by the competent authority of 
the third country if listing was required for such pr oducts. If listing of establishments for a type of 
product as set out in Annex 19 to this Report  was not required  in accordance with CU 
Commission Decision No. 317 "On the Applicatio n of Veterinary-Sanitary Measures in the 
Customs Union" of 18 June 2010, as amended by  EEC Collegium Decision No. 294 "On 
Introduction of Amendments into Certain Decisions of the Customs Union Commission" of 
10 December 2013, the absence of the establishment on a list would not be a ground for rejection of the import of such product into the territory of  Kazakhstan.  The circulation within the 
EAEU of such product imported into the territo ry of Kazakhstan listed in Annex 19 of this 
Report may be limited to the territory of Kazakhstan .  The Working Party took note of these 
commitments.  
Paragraph 772 should read as indicated below: 
772. The representative of Kazakhstan confirmed th at as of the date of accession of Kazakhstan 
to the WTO, specific guidelines on inspection that would reflect the principles of equivalence and WT/ACC/SPEC/KAZ/9/Rev.14/Corr.1 
 
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  reliance on international standards, guidelines and recommendations, as such principles were 
described in paragraph 771 above, would be adopte d and applied to ensure the implementation of 
EEC Council Decision No. 94 "On Regulation on Common System of Joint Inspections of Objects 
and Sampling Goods (Products), Subject to Veterinary Control (Surveillance)" of 9 October 2014 
by EAEU inspectors, in accordance with the WTO  Agreement on the Application of Sanitary and 
Phytosanitary Measures.  Under these guidelines, referred to in paragraph 770 above, inspectors 
were instructed in particular to verify the compliance of establishments with relevant Codex 
Alimentarius recommended codes of practices such as CAC/RCP 1-1969, recommended 
International Code of Practice General Principles  of Food Hygiene, the CAC/RCP 58-2005 Code of 
Hygienic Practice for Meat, the CAC/RCP 57-2004 Code of Hygienic Practice for Milk and Milk 
Products, the CAC/RCP 52-2003 Code of Practice for Fish and Fishery Products and other Relevant International Standards, Recommendations and Related Texts. The guidelines replaced previously 
existing national legislation of Kazakhstan  concerning inspection of establishments, and would 
constitute the reference used by EAEU  inspectors to assess compliance of exporting 
establishments with EAEU requirements.  Moreover , inspectors would be provided information and 
training on the application of the principle of equivalence as provided in the WTO Agreement on 
the Application of Sanitary and Phytosanitary Measures, in the context of EEC Council Decision No. 
94 "On Regulation on Common System of Joint Inspections of Objects and Sampling Goods 
(Products), Subject to Veterinary Control (Surveillance)" of 9 October 2014 and the guidelines.  
The Working Party took note of these commitments. 
Paragraphs 828 and 829 are deleted (strike-through):  
828. [The representative of Kazakhstan confirmed that, [in cases in which no mandatory 
requirements on veterinary or phytosanitary, or sanitary epidemiological and hygienic 
requirements had been established at EAEU or national level, the EAEU member States would 
apply the relevant standards, guidelines and recommendations, or parts thereof, of the OIE, IPPC 
and Codex respectively, [as provided for by the WT O SPS Agreement]].  Similarly, if veterinary, 
phytosanitary or sanitary-epidemiological and hygienic  requirements in effect in the territory of the 
EAEU [were more stringent than] [resulted in a higher level of sanitary and phytosanitary 
protection than would be achieved by measures based on] relevant international standards, 
guidelines and recommendations, or parts thereof, in the absence of scientific justification of risk 
to human, animal or plant life or health, the EAEU member States would apply the relevant 
international standards, guidelines and recommendations or parts thereof,[as provided for in the 
SPS Agreement].  [The representative of Kazakhstan confirmed that this obligation currently was 
included in the EAEU legal framework [through  CU Commission Decision No. 721], and would 
continue to be a mandatory part of the EAEU legal framework in the future.]  The Working Party 
took note of these commitments.] 
[The representative of Kazakhstan confirmed that , in cases in which no mandatory veterinary or 
phytosanitary, or sanitary epidemiological and hygienic requirements had been established at 
EAEU or national level, the EAEU member States would apply the relevant standards, guidelines 
and recommendations, or parts thereof, of the OI E, IPPC and Codex respec tively, consistent with WT/ACC/SPEC/KAZ/9/Rev.14/Corr.1 
 
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  the WTO SPS Agreement.  In cases where an SPS measure in force on the EAEU territory was 
[more stringent than] [more trade restrictive than [those based on]] an international standard, the 
relevant international standards or parts thereof would be applied by the EAEU member State 
unless and until scientific justification of risk was provided, consistent with the SPS Agreement. 
She confirmed that the EAEU member State would reply within a reasonable period of time that 
either the international standard applied or provide relevant scientific justification.  [The 
representative of Kazakhstan further confirmed that this obligation currently was included in the 
EAEU legal framework, and would continue to be a mandatory part of the EAEU legal framework in 
the future.]  The Working Party took note of these commitments.] 
[The representative of Kazakhstan confirmed that , in cases in which no mandatory veterinary or 
phytosanitary, or sanitary epidemiological and hygienic requirements had been established at 
EAEU or national level, Kazakhstan would ap ply the relevant standards, guidelines and 
recommendations, or parts thereof, of the OIE, IP PC and Codex respectively, in accordance with 
the WTO SPS Agreement. In cases where an SPS measure in force was not based on international 
standards, where they existed, the relevant in ternational standards or parts thereof would be 
applied in Kazakhstan, unless there was a scientific justification of such measure in accordance 
with the WTO SPS Agreement or such measure was otherwise justified in accordance with the WTO 
SPS Agreement. The representative of Kazakhstan further confirmed that this obligation currently 
was included in the EAEU legal framework, and would continue to be a mandatory part of the EAEU 
legal framework in the future.  The Working Party took note of these commitments.]23 
829. [The representative of Kazakhstan confirmed that Kazakhstan would reply within a 
reasonable period of time to requests of inte rested Members whether the relevant international 
standard was applied or relevant scientific justific ation was available. The Working Party took note 
of the commitment.]24 
Paragraph 835 should read as indicated below: 
835. The representative of Kazakhstan confirmed that certain standards for some veterinary 
drugs had been harmonized with international st andards by the CU Commission Decision No. 889 
of 9 December 2011. Currently, the results of the previous risk assessments were being revisited 
within the framework of the works on harmonization of MRLs for remaining veterinary drugs.  
The results of the risk assessment carried out by  an EAEU member State were published on the 
official websites of the national competent bo dies. The harmonization of remaining MRLs for 
veterinary drugs was currently in process and wo uld be completed by the date of Kazakhstan's 
accession to the WTO, unless application of an MRL that was not based on an international 
standard was justified under the WTO SPS Agreement .  The Working Party took note of this 
commitment. 
 
                                               
23 Language proposed by Kazakhstan. 
24 Language proposed by Kazakhstan. WT/ACC/SPEC/KAZ/9/Rev.14/Corr.1 
 
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  Paragraph 843 should read as indicated below: 
843. The representative of Kazakhstan confirmed that, as of the date of accession, in 
application of Article 3.1 of the WTO Agreement on  the Application of Sanitary and Phytosanitary 
Measures, all sanitary and phytosanitary measures, whether adopted by Kazakhstan or the 
competent bodies of the EAEU, would be based on international standards, guidelines or 
recommendations as provided for in the WTO Agreement.  The representative of Kazakhstan 
confirmed that, in cases in which no mandator y veterinary or phytosanitary, or sanitary 
epidemiological and hygienic requirements ha d been established at EAEU or Kazakhstan 
national level, Kazakhstan would apply the relevant standards, guidelines or 
recommendations, or parts thereof, of the OIE, IPPC and Codex respectively.   Further, the 
representative of Kazakhstan confirmed that measures which were not based on international standards, guidelines and recommendations, where they exist, would not be applied in Kazakhstan 
without providing Members a scientifically based justification of the measures, in accordance with 
the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, including Article 
3.3.  In cases where relevant scientific evidence  was insufficient, she confirmed that any measure 
adopted, whether by Kazakhstan or the competent bodies of the EAEU would comply with the WTO 
Agreement on the Application of Sanitary and Phytos anitary Measures, in particular with Article 5.7 
thereof.  In the event that international standards were not considered to meet the appropriate 
level of protection, Kazakhstan would provide scientific justification for measures applied in 
Kazakhstan, in accordance with Article 5.8 of th e WTO Agreement on the Application of Sanitary 
and Phytosanitary Measures.  The representative of Kazakhstan confirmed that this 
obligation currently was included in the EAEU  legal framework, and Kazakhstan further 
would ensure that these obligations continue to be a mandatory part of the EAEU legal 
framework in the future.  The Working Party took note of these commitments. 
Paragraph 850 should read as indicated below: 
850. The representative of Kazakhstan confirmed that, as of the date of accession of 
Kazakhstan, goods would be included on the Commo n List of Goods Subject to Veterinary Control 
only if application of veterinary measures was in compliance with international standards, 
guidelines and recommendations, or if science or risk assessment justified, consistent with the 
WTO Agreement on the Application of Sanitary and Phytosanitary Measures, subjecting a category 
of goods to veterinary measures.  Similarly, the veterinary measures applied to each category of 
goods would also be in compliance with international standards, recommendations and guidelines 
or based on science or risk assessment.   Furthermore, the representative of Kazakhstan 
confirmed that Kazakhstan would remove products from the List of Goods Subject to Veterinary 
Control by the date of its accession to the WTO, if  the retention of goods on the list was not 
in compliance with international standards,  guidelines and recommendations, or not 
justified by science or risk assessment, consistent with the WTO Agreement on the 
Application of Sanitary and Phytosanitary Measures.   Moreover, the representative of 
Kazakhstan confirmed that consistent with the WT O Agreement on the Application of Sanitary and WT/ACC/SPEC/KAZ/9/Rev.14/Corr.1 
 
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  Phytosanitary Measures, that risk assessments would be conducted taking into account the risk 
assessment techniques developed by the relevant international organizations and their subsidiary 
bodies.  The Working Party took note of these commitments. 
Paragraph 851 should read as indicated below: 
851. The representative of Kazakhstan confirmed that, as of the date of its accession to the 
WTO, in accordance with  the WTO Agreement on the Applicat ion of Sanitary and Phytosanitary 
Measures, EAEU and Kazakh SPS measures would be based on an assessment, as appropriate to 
the circumstances, of the risk to human, animal or plant life or health, taking into account risk 
assessment techniques developed by the relevant  international organizations.  She further 
confirmed that in accordance with the WTO Agreement on the Application of Sanitary and 
Phytosanitary Measures, these assessments would  take into account the standards guidelines 
and recommendations of Codex, OIE and IPPC, in particular: Codex Guidelines on Working 
Principles for Risk Analysis for Food Safety for Application by Governments (CAC/GL 62-2007); 
chapter 2.1 on Import Risk Analysis of the OIE Terrestrial Animal Health Code; chapter 2.2 on 
Import Risk Analysis of the OIE Aquatic Animal Health Code; International Standards for 
Phytosanitary Measures (ISPM) No. 2 "Framework for Pest Risk Analysis", ISPMs Nos. 11, 21 ; and, 
the categories of commodities according to their pest risk established by ISPM No. 32 . 
The Working Party took note of these commitments.  
Paragraph 874 should read as indicated below: 
874. The representative of Kazakhstan confirmed that Kazakhstan would ensure that draft 
SPS measures applicable to imports into Kazakhstan would be notified  to the WTO Committee on 
Sanitary and Phytosanitary Measures, including EAEU SPS measures, in accordance with Annex 
B of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures and  
following the principles of the WTO SPS Committee's "Recommended Procedures for Implementing 
the Transparency Obligations of the SPS Agreemen t" (G/SPS/7/Rev.3).  SPS measures, including 
those relating to inspection, were published in publications, such as those mentioned in 
paragraph 869. Information on all proposed SPS measures and those in effect, as foreseen in 
Annex B of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures, could 
also be obtained from the SPS notification authority or from Kazakhstan's SPS enquiry point.  
The Working Party took note of these commitments. 
Paragraph 989 should read as indicated below: 989. The representative of Kazakhstan confirmed that, upon accession, Kazakhstan would bind its 
agricultural export subsidies at zero in its Schedule of Concessions and Commitments on Goods 
(CLXXII) and would not provide such subsidies in respect of agricultural products.  The Working 
Party took note of this commitment. 
 
 WT/ACC/SPEC/KAZ/9/Rev.14/Corr.1 
 
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  Paragraph 990 should read as indicated below: 
990. In implementing Article 6.2 of the WTO Agre ement on Agriculture, the representative of 
Kazakhstan confirmed that while Kazakhstan could provide support through government measures 
of the types described in Article 6.2, the amount of such support would be included as non-exempt 
in Kazakhstan's calculation of its Current Total Aggregate Measurement of Support. 
The representative of Kazakhstan further confirmed that Kazakhstan would have recourse to a de 
minimis  exemption for product-specific support equiva lent to 8.5 per cent of the total value of 
production of a basic agricultural product during the relevant year. The representative of 
Kazakhstan confirmed that Kazakhstan would have recourse to a de minimis exemption for 
non-product-specific support of 8.5 per cent of the value of Kazakhstan's total agricultural 
production during the relevant year.  Accordingly, these percentages would constitute Kazakhstan's de minimis exemption under Article 6.4 of the WTO Agreement on Agriculture. 
She also noted that Kazakhstan's Total AMS Commitment Level was set forth in Part IV Section I 
of Kazakhstan's Schedule of Concessions and Commitments on Goods (CLXXII). The Working Party 
took note of this commitment. 
 
Paragraph 1177 should read as indicated below: 
 
1177.  The Working Party took note of the explanat ions and statements of Kazakhstan concerning 
its foreign trade regime, as reflected in this Report.  The Working Party took note of the commitments by Kazakhstan in relation to certain specific matters which are reproduced in 
paragraphs 59, 87, 101, 142, 170, 208, 209, 250, 274, 288, 298, 301, 303, 307, 308, 309, 310, 
311, 313, 317, 351, 359, 383, 431, 434, 435, 438, 439, 443, 445, 464, 467, 469, 483, 493, 521, 
526, 527, 540, 559, 585, 590, 625, 631, 634, 641, 650, 651, 653, 657, 670, 704, 711, 712, 716, 
720, 721, 722, 724, 736, 738, 747, 753, 762, 764, 765, 766, 772, 777, 784, 785, 788, 789, 797, 
803, 812, 828, 829, 832, 835, 837, 840, 843, 850, 851, 858, 861, 874, 876, 877, 898, 899, 935, 
936, 949, 951, 964, 988, 989, 990, 991, 1015, 1063, 1065, 1069, 1081, 1083, 1104, 1116, 1118, 
1129, 1133, 1134, 1135, 1136, 1148, 1149, 1150, 1152, and 1176. The Working Party took note 
that these commitments had been incorporated in paragraph 2 of the Protocol of Accession of the 
Republic of Kazakhstan to the WTO. 
 
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