RESTRICTED  
  
JOB/ACC/48  
 
17 November 2014  
(14-6733)  Page: 1/5  
Working Party on the Accession of Kazakhstan    
 
 ACCESSION OF KAZAKHSTAN 
 
NOVEMBER CYCLE OF WORKING PARTY MEETINGS - TRANSPARENCY REPORTS  
10-12 November 2014  
 
 
 
   
As requested by H.E. Mr. Vesa Himanen (Finland), Chairman of the Working Party, attached 
to this document are the "Transparency Reports" of the Meetings held during the November Cycle, 10 to 12 November 2014.   The Transparency repo rts were initially verbally presented to Members 
at the Informal Meeting of the Working Party on 12 November 2014. 
 
The reports sub-joined to this document are listed hereunder: 
 
Annex 1: Plurilateral Meeting on Agriculture, 10 November 2014: Report by Director, 
Accessions Division; 
Annex 2: Small Group Consultations on the Draft Working Party Report, 10 November 
2014:  Report by Chairman of the Working Party; 
Annex 3: Plurilateral Meeting on SPS, 11 November 2014: Report by Director, Accessions 
Division; and, 
Annex 4: Plurilateral Meeting on Tariff Adjustment – Chairman's Proposal on Ordinary 
Customs Duties, 11 November 2014: Report by the Chairman of the Working 
Party.  
 
 
_______________ 
 
 This document has been prepared under the Secretariat's own responsibility 
and is without prejudice to the positions of Members or to their rights and 
obligations under the WTO. JOB/ACC/48 
 
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  ANNEX 1 
PLURILATERAL MEETING ON AGRI CULTURE, 10 NOVEMBER 2014  
Report by Director, Accessions Division1 
 Members of the Working Party and the Acceding Government of Kazakhstan met on 
10 November 2014, in a Plurilateral format.  The purpose was two-fold: first, to review the 
updated Agriculture Supporting Tables (AGSTs), contained in document WT/ACC/SPEC/KAZ/6/Rev.14, in order to elabor ate Kazakhstan's accession commitments on 
agriculture; and second, to review the updated Draft Chapter on Agricultural Policies, 
contained in document JOB/ACC/37/Rev.6.
2  The meeting was chaired by Director, 
Accessions Division.   
 At the start of the meeting, it was underlined  that the conclusion of the work in the 
Agriculture Plurilateral was required to fill th e gaps in the Draft Goods Schedule: Part I: 
Section I (Agricultural Products) and Part IV: Agricultural Products: Commitment Limiting 
Subsidization.  Together with headnotes, ye t to be submitted, filling these gaps would 
enable the Secretariat to produce a clean Draft Goods Schedule, which would be its fifth and final revision, for technical verification.     
 The meeting was constructive and defined the landing zone.  Specific issues which would 
need to be resolved expeditiously were identified and re-confirmed.  It was acknowledged that the AGSTs were technically clean.  Kazakhstan would have bilateral discussions with a 
concerned Member to address the specific technical question on the methodology for 
calculation of Market Price Support in DS:5.   
 On the Draft Chapter on Agricultural Policies, the discussions revolved around the bracketed 
draft commitment paragraphs, as requested by Members, on:  
o notifications;  
o WTO-consistent application of subsidies on agricultural products; 
o the proportion of product-specific measurements of support;  
o the determination of support requirements and level of commitments;  
o agricultural export subsidies; and, 
o recourse to Article 6.2 of the Agr eement of Agriculture (development 
programmes). 
 It was clear that some homework on the Draft Chapter remained for Kazakhstan.  Draft 
commitment language was proposed by several Members.  Further consultations would be required between Kazakhstan and Members to fina lise the draft Chapter, before it could be 
mainstreamed into the main body of the Draft Working Party Report. 
 Specifically, on agricultural export subsidies, Members reiterated their request to Kazakhstan 
to bind export subsidies at zero, unconditionally, upon accession, in accordance with accessions best practices.  Kazakhstan expressed readiness to undertake this commitment 
as a "package" in relation to the level at which its de minimis  level would be set.  It also 
indicated scope for flexibility for further redu ction of its Total AMS, with the hope that 
Members would favourably consider its request for an 8.5% de minimis.   
 As next steps, it was agreed that Kazakhstan and Members would finalise outstanding issues 
in agriculture by the end of the week.  The draft Chapter on Agricultural Policies resulting 
from this Plurilateral meeting would be issued by the Secretariat as Revision 7 to document 
JOB/ACC/37.    
                                               
1 This Report is circulated by the Director of the Acce ssions Division under his own responsibility.  It is a 
transparency report, requested by the Chairman of the Working Party, for all Members of the Working Party on 
the Accession of Kazakhstan.   
2 Additional documentation for the meeting was contained in do cument WT/ACC/KAZ/6/Rev.13/Add.1 
(Additional Questions and Re plies) and JOB/ACC/36/ Rev.6 (Revised Proposal on Domestic Support and Export 
Subsidies). JOB/ACC/48 
 
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  ANNEX 2 
SMALL GROUP CONSULTATIONS ON THE DRAFT WORKING PARTY REPORT, 10 November 2014 
 
Report by Chairman of the Working Party1  
 The second Informal Small Group Consultations was held with Members in a restricted 
format on 10 November 2014.  The main task of this Small Group was to review all aspects of the draft texts of the Draft Working Party Report (D WPR), one of the three components of 
a Final Draft Accession Package, together with  the Draft Schedules on Goods and Services.  
  The latest revision of the DWPR, contained in document WT/ACC/SPEC/KAZ/10/Rev.13, 
reflected a further cleaned text.  It built on the results from the previous Small Group 
consultations held during the September Cycle and subsequent bilateral consultations and 
resolutions reached between Kazakhstan and concerned Members.  Members appreciated the new information provided by Kazakhstan.  
 
 The Delegation of Kazakhstan and Members en gaged constructively in a solution-finding 
mode.  Out of eight outstanding paragraphs in the DWPR, square brackets were removed 
from 6 paragraphs including on STEs, Fees and Charges for Services Rendered, Trade 
Remedies, Subsidies, and TRIMs.
2  At the end of the review, two paragraphs remained 
outstanding: (i) paragraph 275 in the Section "Registration Requirements for Import and Export Operations", on which consultations would be held with concerned Members; and 
(ii) paragraph 300, which was subject to resoluti ons in the plurilateral discussion on Tariff 
Adjustment.  Some Members indicated that they were consulting with Kazakhstan on a few specific issues/paragraphs.
3  In this regard, it was made clear that all issues would need to 
be resolved by the end of the week.  In addition, technical clarifications, rectifications and 
adjustments were made on three paragraphs.4   
 
 At the end of the review, it was signalled to the Small Group that the DWPR was poised for 
finalisation, subject to the outcomes from the Plurilateral discussions on Agriculture, SPS 
and Tariff Adjustment, which were yet to be mainstreamed into the main body of the Report.  
The Secretariat was requested to undertake a le gal scrubbing exercise of the entire Report, 
in coordination with the Acceding Government of Kazakhstan, as appropriate, in accordance 
with standing practice.    
 After the section-by-section review of the DWPR, Kazakhstan provided an update to the 
Legislative Action Plan (LAP), contained in document WT/ACC/KAZ/73/Rev.7.  The latest LAP reflected recent legislation which had been introduced in line with Kazakhstan's accession 
commitments, including the elimination of local content requirements in the procurement 
policies and practices of the National Welf are Fund "Samruk-Kazyna" by the date of 
Kazakhstan’s accession to the WTO so as to comply with Article III of the GATT 1994; and the adoption of EEC Council Decisions No. 94 an d No. 95 to comply with the SPS Agreement.  
The representative of Kazakhstan also inform ed Members that the draft law implementing 
Kazakhstan’s WTO obligations had been "introduced to" the Ministry of Justice in October 2014 and was now planned to be "introduced to" the Prime Minister's Cabinet.  
 
 
                                               
1 This Report is circulated on my own responsibility  as Chairman of the Working Party on the Accession 
of Kazakhstan.  It is a transparency report  to all Members of the Working Party.   
2 Paragraphs 142, 376, 520, 579, 685 and 686.  
3 Paragraphs 340 and 370. 
4 Paragraphs 207, 524 and 526.   JOB/ACC/48 
 
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  ANNEX 3 
PLURILATERAL MEETING ON SPS, 11 NOVEMBER 2014  
Report by Director, Accessions Division1  
 The Plurilateral meeting on SPS Members was held on 11 November 2014 with Members of the 
Working Party and the Acceding Government of Kazakhstan.  The purpose of the meeting was 
to review the revised Draft SPS Chapter, contained in document JOB/ACC/30/Rev.8.  The meeting was chaired by Director, Accessions Division.  
 
 Members acknowledged the progress made since the previous Plurilateral meeting held in 
September and commended the Acceding Governme nt of Kazakhstan for the work undertaken, 
including the decisions made so far, specifically, EEC Council Decisions Nos. 94 and 95.
2  
Requests were made for the provision of additional information on a range of paragraphs.  
Clarifications were requested on others.  Members requested that there should be avoidance of changes to stabilized draft paragraphs, unl ess it was to provide requested updated 
information. 
 
 The Plurilateral consultations made evident unique and complex questions that would need to 
be addressed, in particular relating to: 
 
1) Veterinary Certificates:  There were specific questions on the process (how do they 
work?); the relationship between bilateral certificates and common forms of the 
CU/EAEU Veterinary Certificates; the scope for negotiating new bilateral certificates 
and the territorial limitations of imported products, and scope for re-negotiating existing veterinary certificates; 
 
2) Establishment approval, Register and Inspections; and, 
 
3) Harmonization with and adherence to international standards in relation to Risk 
Assessment, including concerns over restri ctions on the use of ractopamine.  The 
lifting of the ban on trenbolone acetate was welcomed. 
 
 It was evident that resolving these questions, as a first step, would necessitate internal 
consultation and coordination between and am ongst members of the Customs Union/EAEU.  
 
 As next steps, it was agreed, inter alia , that Members would have until 19 November 2014, 
and earlier if possible, to forward their questions and comments on the draft SPS Chapter to the Delegation of Kazakhstan and the Secretariat.  
 
 In recognition of progress made, it was also agreed that the Draft SPS Chapter resulting from 
the Plurilateral meeting would be mainstreamed  into the body of the Draft Working Party 
Report.  
 
  
 
 
                                               
1 This Report is circulated by the Director of the Acce ssions Division under his own responsibility.  It is a 
transparency report, requested by the Chairman of the Working Party, for all Members of the Working Party on 
the Accession of Kazakhstan.   
2 Legislative Notice for the decisions is contai ned in document WT/ACC/KAZ/89, 4 November 2014.  JOB/ACC/48 
 
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  ANNEX 4 
PLURILATERAL MEETING ON TARIFF ADJUSTMENT - CHAIRMAN'S PROPOSAL ON ORDINARY 
CUSTOMS DUTIES, 11 NOVEMBER 2014  
Report by the Chairman of the Working Party1  
 The third Plurilateral meeting on Tariff Adjustment was held with the participation of Signatory 
Members, the Russian Federation and the Acceding Government of Kazakhstan on 
11 November 2014.  The aim of the meeting was to review the draft third revision of the 
Chairman's proposal on Ordinary Customs Duties, which was circulated as a CRP-10 on 
7 November 2014.   
  The Delegation of Kazakhstan, supported by the Russian Federation, its Customs Union 
partner, introduced the updates on the proposal, resulting from a series of consultations which 
both Delegations had undertaken with Signatory Members.  Some Members reserved their right to revert with comments, pending feedback from their capitals. 
 
 The discussions were technical and constructive.  Progress was made and a revised text 
emerged from the engagement of Chief Negotiators.  Outstanding questions were reduced and 
issues clarified.  The questions that still remain outstanding, hence requiring resolution revolve 
around:  
 
o eligibility criteria for participation in future tariff adjustment negotiations and 
compensation: four criteria were identified and these were: (i) holders  of INRs, (ii) 
Signatory Members having principal supplying interest, (iii) Signatory Members with substantial interest and, (iv) Members whose bilateral average trade per year over a 
reference period met a certain monetary valu e threshold yet to be determined; and,  
 
o the extent of binding of EAEU Member states which form the Customs Union in the 
Accession Protocol of Kazakhstan, to assume responsibility for tariff adjustment 
negotiations and associated compensation vis-a-vis  Signatory Members.   
  There was acknowledgement of the work done by Kazakhstan and the Russian Federation.  
It was also evident that further consultations were required.  Signatory Members, the Russian 
Federation and the Acceding Government of Kazakhstan were urged to sustain their engagement with a view to achieving consensus in the week of 17 November.  To facilitate 
their consultations, as next steps, the Secretariat was requested to circulate to Signatory 
Members, the Russian Federation and the Acceding Government of Kazakhstan the text resulting from the plurilateral review, as document JOB/ACC/40/Rev.3.
2   
 
 Signatory Members agreed that the Chairman would sustain his mandate on his proposal on 
Ordinary Customs Duties.  The Director of the Accessions Division, acting under the Chairman's delegated authority, would meet with the representatives of Kazakhstan, the 
Russian Federation and Signatory Members in the week of 17 November 2014 to take stock of 
any substantive updates. 
 
 
 
__________ 
                                               
1 This Report is circulated on my own responsibility  as Chairman of the Working Party on the Accession 
of Kazakhstan.  It is a transparency report  to all Members of the Working Party.   
2 Document JOB/ACC/40/Rev.3 was circulated on 13 November 2014.