12-5093  JOB/ACC/32/Add.1         21 September 2012 
 Working Party on the Accession of Kazakhstan 
 
  
ACCESSION OF KAZAKHSTAN 
 
Additional Question and Replies 
 
Addendum 
 
 
 The following submission, dated 11 September 2012, is being circulated at the request of the 
Delegation of the Republic of Kazakhstan.  
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 JOB/ACC/32/Add.1 
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 - Technical Barriers to Trade  
Question 1 
As the process of integration within the CU a nd the Eurasian Economic Community has further 
evolved, it would be useful to obtain informat ion on the following points from a more general 
point of view: 
- To which extent did Kazakhstan transfer competences in the areas of technical 
regulations, conformity assessment and sta ndardisation to the CU/EurASEC and to 
which extent does Kazakhstan maintain its co mpetences in the aforementioned areas? 
Answer: 
The EurAsEC and the CU Agreements, and the Eu rAsEC and the CU acts implementing the Customs 
Union policy on technical regulation to a large ex tent have replaced the Law of the Republic of 
Kazakhstan "On Technical Regulation" as the over all legal framework for technical regulation, 
standardization and conformity assessment system in the Republic of Kazakhstan with the 
establishment of the CU regime on 1 January 2010. 
One of the fundamental agreements on technical  regulation within the Customs Union is the 
Agreement on Uniform Principles and Rules of  Technical Regulation of 18 November 2010 
(hereinafter – the Agreement).  The Agreement is aimed at harmonization of technical regulation 
systems of the Customs Union member countries, the el imination of technical barriers to trade, and it 
stipulated the following competences of the Eurasian Economic Commission: 
- approval of the plans for development of technical regulations of the Customs Union; 
- adoption, amendment and cancellation of  t echnical regulations of the Customs Union; 
- approval of the common forms of confor mity assessment (confirmation) documents;  
- approval of the common mark of circulati on of products on the markets of the member 
states of the Customs Union; 
- approval of the regulation on developmen t, adoption, amendment and cancellation of 
technical regulations of the Customs Union; and, 
- approval of the unified list of products in r espect of which mandatory requirements could be 
established within the framework of the Customs Union. 
Thus, according to the Agreement, each Party of the Customs Union delegates the authority to 
establish mandatory state requirements to produc ts to the level of the Eurasian Economic 
Commission, i.e., sovereign rulemaking in this area is  excluded.  None of the Parties is eligible to 
establish additional mandatory requirements at the na tional level other than those established in the 
technical regulations of the Customs Union. 
During the transitional period, pending the adoptio n of the CU technical regulations, the following 
two Agreements formed a legal basis for ensuri ng free movement of goods between the CU member 
states: 
- Agreement on Circulation of Goods Subject to Mandatory Conformity Assessment on the 
Customs Territory of Customs Union of 11 December 2009; 
- Agreement on Mutual Recognition of Accredita tion of Certification Bodies and Testing 
Laboratories Performing Conformity Assessment of 11 December 2009. 
For implementation of the Agreements, the Eurasian Economic Commission adopted the 
following regulations in the fiel d of technical regulation:   JOB/ACC/32/Add.1 
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 - The Unified List of Goods Subject to Manda tory Conformity Assessment within Customs 
Union with the Issuance of Common Documents (CU Commission Decision No. 620 of 
7 April 2011); 
- Regulation on Procedures for Inclusion of Ce rtification Bodies and Testing Laboratories 
(centers) into the Unified Registry of Accredited Certification Bodies and Testing 
Laboratories of the Customs  Union, as well as its Developmen t and Maintenance 
(CU Commission Decision No. 319 of 18 June 2010); 
- Regulation on Procedures of Development and Main tenance of the Unified Registry of Issued 
Certificates of Conformity and Registered D eclarations of Conformity of a Common Form 
(CU Commission Decision No. 319 of 18 June 2010); 
- Common Forms of Conformity Assessment (Confirmation) Documents (declaration of 
conformity with the technical regulations of the Customs Union, certificate of conformity 
with the technical regulations of the Customs Union) (CU Commission Decision No. 896 of 
9 December 2011); and, 
- Regulation on Application of Model Schemes of  Conformity Assessment (Confirmation) to 
the Technical Regulations of the Customs Union" (CU Commission Decision No. 621 of 
7 April 2011). 
At the same time it should be noted that certain provisions of the Law "On Technical Regulation" 
remain in force, provided that they do not contra dict the Agreements and other acts of the CU and 
EurAsEC in the field of technical regulation, including the Decisions of the Eurasian Economic Commission.  Development and application of sta ndards, conformity assessment, state control and 
supervision, metrological control and responsibilit y for non-compliance with the legislation in the 
field of technical regulation in Kazakhstan will con tinue to be implemented at the national level in 
relation to the following areas: 
- development and adoption of national sta ndards and standards of organizations; 
- state control and supervision in order to ensure  compliance with the requirements of technical 
regulations; 
- ensuring the uniformity of measurements; 
- maintaining national sections of the Unified Regi ster of certificates and declarations of the 
Customs Union; 
- maintaining national sections of the Unified Register of certification bodies and testing 
laboratories of the Customs Union; 
- voluntary conformity assessment; 
- ensuring the necessary transparency;  
- financing in the field of technical regulation; and, 
- establishment of liability for violation of techni cal regulations of the Customs Union. It is 
necessary to note that currently the CU memb er-countries are harmonizing their legislation 
that establishes liability for violation of technical regulations. 
Question 2 Insofar as competences have been or are still being transferred to the CU/EurAsEC, how would 
Kazakhstan envisage to cope with its forthc oming obligations resulting from the TBT, for 
example notification of draft technical regulations? 
Answer: 
Kazakhstan is actively involved in all works undert aken at the Customs Union level and can fulfill its 
commitments as a WTO Member, including the commitment concerning notification of draft 
CU technical regulations. JOB/ACC/32/Add.1 
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 From the date of accession of the Republic of Kaza khstan to the WTO, the Enquiry point on TBT/SPS 
will fulfill all obligations on notifications speci fied by the WTO Agreements on TBT and SPS, 
including notifications on the proposed technical regulations of the Customs Union to the WTO Secretariat, the Committee on TBT, the Committee on SPS Measures and will provide WTO Member States with copies of proposed technical regulations upon request. 
In accordance with the Regulation on Developmen t, Adoption, Amendment and Cancellation of 
Technical Regulations of the Customs Union, du ring public consultations , CU draft technical 
regulations, notifications about the commencement and completion of public consultations on draft 
CU technical regulation are published on the offici al website of the Commission.  The Committee on 
Technical Regulation and Metrology of the Republic of Kazakhstan also publis hes this information on 
its official website and its bulletin. 
Upon development of the first draft of a techni cal regulation or upon the completion of public 
consultations, a developer of the draft technical regulation (a designated state body of Kazakhstan) 
forwards the relevant notification to the Enquiry Point on TBT/SPS of the Re public of Kazakhstan. 
Notifications to the WTO Secretariat, the Co mmittee on TBT, the Committee on SPS measures, 
WTO Members are sent in English; to the CU member countries notifications are sent in Russian. 
All the notifications are published on the follo wing websites: www.memst.kz, www.wto.memst.kz 
and sites of oblast administrations; and are publishe d in the official newspaper "Herald Information 
Centre for TBT/SPS". 
The Enquiry Point on TBT/SPS assigns an identification number to each notification submitted to the 
WTO Secretariat, the Committee on TBT, th e Committee on SPS measures and WTO Member 
countries. 
Question 3 
In paragraph 3 it is stated that for tho se products covered by Mandatory Conformity 
Assessment a Declaration of Conformity based on  a Customs Union common form can be issued 
(CU Commission Decision No. 620), however it is unc lear if this form can be used for products 
manufactured by foreign manufacturers located outs ide the Customs Union or if this has to be 
done under Law No. 603 "On Technical Regulating". 
We would appreciate a clarification of this i ssue in particular regarding different treatment 
between imported and national products.  
Answer: 
According to the CU Commission Decision No. 620 of  7 April 2011, conformity of products listed in 
the Unified List of Products Subject to Mandatory Assessment (Confirmation) within the Customs 
Union with the Issuance of Common Documents  (hereinafter - Unified List) could be confirmed, at the 
applicants choice, either by issuing a conformity certificate and declaration of conformity using a common form of the CU, or by issuing a conformity certificate or declaration of conformity in accordance with the national legislation of the CU member state. 
At the same time, with regard to foreign manufac turers located outside of the territories of the 
CU member states, the conformity certificates of a common form of the CU, or conformity certificates and declarations of conformity in accordance w ith the national legislation could be issued.  JOB/ACC/32/Add.1 
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 However, the Russian Federation within th e framework of accession to the WTO took the 
commitment that the right of issuing a declaration of conformity of a common form of the Customs Union would also be granted to foreign manufacturer s located outside the territory of the CU member 
states.  Therefore, currently th e Customs Union members are work ing on amendments to the CU 
Commission Decision No. 620.  Based on the above, Kazakhstan is ready to undertake the similar 
commitment in its Working Party Report. 
Question 4 
In paragraph 4 of JOB/ACC/32, Kazakhstan explains  that in accordance with Article 4 of the 
CU Agreement on Uniform Technical Regulation Principles, CU technical regulations could 
only be developed for goods on the Unified List  of 61 "risky" products in respect of which 
mandatory requirements (technical regulations) co uld be established within a framework of the 
Customs Union.   
- Could Kazakhstan please provide informatio n on the process through which products 
are initially identified as having the potential to be "risky"? 
- Could Kazakhstan please provide information on the process through which these 
products are then confirmed to be "risky". 
Answer: 
Initially, national lists of products subject to mandatory conformity  assessment of the CU Parties were 
used as a basis for development of the Common Li st of Products in Respect of which Mandatory 
Requirements (Technical Regulations) could be est ablished within the Framework of the Customs 
Union (hereinafter – Common List).  For determin ing products to be included into the Common List, 
the CU Parties assessed th e risk (potential hazard) that these products pose to human live and (or) 
health, environment, animal and plant live and/or he alth.  All interested parties, including businesses, 
were consulted during the process.  New products can be added into the Common List if new risks are 
identified. 
When these products are release within at the custom s territory of the CU, the competent authorities 
of a CU Party conduct state control over the comp liance of products with mandatory requirements.  
The result of the state control could be used to confirm the "risky" nature of certain products. 
Currently, the Integrated Information System of Fo reign and Mutual Trade of the Customs Union in 
respect of technical regulations, application of sanitary, veterinary and phytosanitary measures is 
being developed.  For its im plementation, Kazakhstan has developed a draft Regulation on 
Notification of Products that do not Meet the Requirements of Technical Regulations of the 
Customs Union. 
Question 5 
In paragraph 17, Kazakhstan states that "[a]s so on as new technical regulations were adopted, 
existing domestic and regional standards cont aining duplicative or conflicting provisions 
became void". 
- Could Kazakhstan please explain the pr ocess through which the duplicative or 
conflicting provisions are made void? 
- Could Kazakhstan please clarify whether void duplicative or conflicting provisions are 
then taken off the relevant legislative/regulat ory registers, so that Members are aware of 
which provisions are valid and applicable? JOB/ACC/32/Add.1 
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 Answer: 
In accordance with the provisions of the Agre ement on the Common Principles and Rules of 
Technical Regulation in the Republic of Belarus, Republic of Kazakhstan and the Russian Federation, 
from the date of entering into force of a techni cal regulation of the Customs Union, relevant 
mandatory requirements established by the national le gislation of the CU Parties shall not be applied 
on the territories of the Parties. 
In accordance with the Law of the Republic of Kazakhstan "On Technical Regulation", in case if a 
technical regulation for a particular product has not entered into force, for the purpose of confirmation 
of conformity the manufacturers can apply interna tional, regional (interstate) or national (state) 
standards that meet the technical regulation objectiv es.  In this case, compliance with the standard 
chosen by the manufacturer is mandatory. 
 As soon as the relevant technical regulation is adopted  standards shall be applied on a voluntary basis.  
Standards that contain conflicting pr ovisions could not be used for c onfirming the conformity with the 
technical regulation and become void. 
 
National standards in Kazakhstan are developed, re viewed and terminated in accordance with the 
ST RK 1.2-2008 "Procedure for the Development of  National (State) Standard and Standards of 
Organizations" and the Rules for Harmonisation, R ecording, Approval, Amendment, Termination and 
Entering into Force of National (State) Standards, Classifiers of Technical and Economic Information 
approved by Order of the Deputy Minister of Industry and New Technologies of the Republic of 
Kazakhstan No. 40 of 23 April 2010. 
According to the Order, national standards can be terminated in the following cases: 
1) production of a relevant product is discontinued; 
2) new national standard is enacted; 3) technical regulation is enacted. 
Standards are terminated by the order of the author ised body.  The terminated standards are excluded 
from the National Standards Register. 
Question 6 
Disposition of Mandatory National Standards (paragraphs 19-24):  We welcome the 
information on the process of elimination of WTO-inconsistent mandatory standards, and 
would appreciate an update on the progress made in 2012 and on the existence of an eventual 
working plan. 
Answer: 
Currently, the Customs Union is actively work ing on development and adoption of technical 
regulations for products in respect of which ma ndatory requirements are established within the 
framework of the Customs Union. 
In accordance with the Law of the Republic of Kazakhstan "On Technical Regulation", in case if 
technical regulations for a particular product has not  been enacted for the purpose of confirmation of 
conformity, manufacturers can apply international, re gional (interstate) or national (state) standards 
that meet the safety objectives on a voluntary basis.  In this case, compliance with the standard chosen 
by the manufacturer is mandatory.  JOB/ACC/32/Add.1 
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 To date, the total number of national (State) standa rds of Kazakhstan amounts to 4,075 units, of which 
2,847 units are harmonized with international standa rds.  Thus, 70 per cent of the national standards 
are harmonized with international standards. 
Of 47 CU technical regulations envisaged in the sch edule for the development of priority technical 
regulations of the Customs Union, 31 technical regulations have been adopted, including seven 
technical regulations which entered into force in  2012 and one technical regul ation which is planned 
to be enacted before the end of 2012.  Seven tec hnical regulations are in the final stage of public 
consultations, the remaining nine t echnical regulations are in the pr ocess of internal approval by the 
CU member's state bodies. 
Question 7 
In paragraph 30, Kazakhstan states that "[a] decl aration of conformity could be prepared by 
the applicant alone or on the basis of evidence ob tained with the participation of a conformity 
assessment organization". 
- Will the option of preparing the declaration of conformity be available to all applicants? 
Answer: 
In accordance with the Law of the Republic of Kazakhstan No. 603 "On Technical Regulation" of 
9 November 2004 (hereinafter - the Law), manufact urer can declare conformity with technical 
regulations or mandatory requirements based on hi s own evidence or evidence, obtained with the 
participation of a conformity assessment body. 
According to Paragraph 7 of Article 1 of the Law, manufacturers are natural and juridical persons that 
produce products for subsequent disposal or their own use for production purposes, as well as persons 
who provide works or services upon the agreement for payment and/or free of charge. 
The Law does not envisage differences between lo cal and foreign manufacturers.  Hence, the 
provision concerns all manufacturers that meet th e relevant requirements.  Foreign manufacturers are 
eligible to prepare declaration of conformity in  accordance with the national legislation of the CU 
member states.  
Question 8 
Conformity Assessment Proce dures including the Accreditation of Conformity Assessment 
Bodies (paragraphs 30-32):  we welcome the detailed explanation on the procedure of official registration of declarations of conformity and it would like to note that this is a quite 
burdensome procedure and it would invite Ka zakhstan to consider less trade restrictive 
modalities to process declarations of conformity, such as the obligation of economic operators to 
keep it with the full technical file.  
Answer: 
In accordance with the legislation of the Customs Un ion, the declaration of conformity is valid from 
the date of its registration.  Registration of declar ations of conformity is necessary in order to control 
compliance with the mandatory requirements and allows electronic recording of registered 
declarations of conformity. 
Currently, the Customs Union member states are in  the process of simplifying the procedure of 
registration of declarations of conformity by introducing the electronic registration.  Electronic JOB/ACC/32/Add.1 
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 registration will allow the manufacturer to register its declaration of conformity in the electronic 
Unified Register by filling in an electronic appli cation form, submitting the declaration of conformity 
signed with an electronic signature, and the relevant evidences. 
Question 9 
Paragraph 42 refers to the TBT/SPS Enquiry Po int.  We would appreciate more information 
with regard to Kazakhstan's transparency obligat ions, in particular regarding the publication 
of notices of proposed technical regulations, th e consideration of public comments, and the 
existence of a reasonable period between the final publication of a technical regulation and conformity assessment procedure and its entry into force. And also on how transparency 
obligations will be met in the light of the cu rrent transfer of competences to the CU and 
EurAsEC. 
Answer:  
1. Regarding publication of notification on  the proposed technical regulations : 
In accordance with Regulation on Development,  Adoption, Amendment and Cancellation of 
Technical Regulations of the Customs Union No. 48 of 20 June 2012 (hereinafter referred to as 
Regulation), development of techni cal regulations shall be in acco rdance with the plan (program, 
schedule) on development of technical regulations. 
The plan on development of technical regulations is formed on the basis of proposals by Parties or the 
Commission, agreed by Parties and approved by  the Commission.  A Party or the Commission 
responsible for the development of a techni cal regulation is determined in the plan. 
After completion of the first draft technical regulatio n, the developing party se nds the draft  technical 
regulation, explanatory note, as well as the notification on the development of the technical regulation 
to the Commission (electronic and hard copy). 
The explanatory note to the draft technical regulation shall include: 
- Purposes of the technical regulation; 
- Structure and general characteristics of the objects of technical regulation; 
- Main groups of business or other activities, othe r interested persons whose interests will be 
affected by technical regulations; 
- A list of international, regional and nationa l (state) standards, requirements of other 
documents (regulations, directives and reco mmendations and other documents adopted by 
international organizations, and in case of th eir absence - regional documents (regulations, 
directives, decisions, regulations, and other doc uments), national technical regulations, on the 
basis of which the draft technical regulation is developed; 
- Requirements that differ from provisions of inte rnational, regional standards or mandatory 
requirements in force on the territory of Parti es with a brief rationale for their introduction; 
- Information on the compliance of the draft technical regulation with the requirements 
ensuring the uniformity of measurements; and, 
- Expected date of implementation of the requi rements established by the technical regulation. 
Notification on development of the draft technical regulation shall be made in accordance with the 
prescribed form and include the following information: 
- Party responsible for the development of the draft;  JOB/ACC/32/Add.1 
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 - Authorised body of the Party that is responsible  for the development of the draft (developer of 
the technical regulation); 
- Title of the draft technical regulation; 
- Object of technical regulation; 
- Purpose of the development of the technical regulation; 
- Reason for the development of the technical regulation; 
- Mailing address, telephone number, fax number,  e-mail address for comments and proposals 
(review) on the draft; and, 
- Expected date of completion of public discu ssions (final date for providing comments and 
proposals (reviews) on the draft). 
Commission sends these documents to the Parties within  five working days from the date of receipt of 
the mentioned materials. 
Commission ensures review of the first version of the draft technical regulation and a related set of 
documents  at the meeting of the Consultative Committee on Technical Regulation, Application of 
Sanitary, Veterinary and Phytosanitary Measures under the Collegium of the Eurasian Economic 
Commission (hereinafter - the Consultative Committee). 
Following the review by the Consultative Committee,  the decision on possibility, starting date and 
period of public discussion on the draft technical regulation and related set of documents is made, 
which is formalized by a Protocol. 
If necessary, the developer of the draft technical regulation within the period established by the 
Consultative Committee revises the draft technical regulation and the set of related document.  
The notification on the draft technical regulation is published on the official website of the Customs 
Union (http://www.tsouz.ru/db/techreglam/Pages /Publichnoeobs.aspx), Committee for Technical 
Regulation and Metrology of the Ministry of Industry and New Technologies of the Republic of 
Kazakhstan (www.memst.kz), Enquiry Point on TBT/SPS (www.wto.memst.kz), as well as in the 
official publication "Bulletin of the Enquiry Point on TBT/SPS". 
In this case, period of public discussion of the draft technical regulation (from the moment of 
publication of notification on the development up to the moment of publication of notification on the 
completion of public discussion) shall be no less than 60 calendar days. 
Enquiry Point will fulfill notification requirements, in particular, provide information concerning 
proposed technical regulations, as well as copies of th e draft technical regulations upon request of the 
WTO Secretariat, EurAsEC Member countries and ot her international organi zations and provide a 
reasonable time for other Member to make co mments in writing, di scuss these comments upon 
request, and take written comments and the results of these discussions into account. 
2. Regarding consideration of comments s ubmitted during the public discussion : 
In accordance with the above-mentioned Regulation,  comments and proposals on the draft technical 
regulation from interested persons of the CU memb er states and third countries are sent to the 
Commission. 
The Commission sends the comments and proposal s received to a Party responsible for the 
development of the technical regulation, who summa rizes comments within 20 days after their receipt 
and submits it to the Commission.  In this case, de veloper of the draft technical regulation provides 
information on acceptance or justification for rejection of each comment and proposal. JOB/ACC/32/Add.1 
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 The Commission controls inclusion of all the comm ents received during the public discussion into a 
summary of comments.  The summary of comments is published on the website of the Customs Union 
and is available to all interested parties. 
3. Regarding the existence of a reasonable period between the final publication of a technical 
regulation and conformity assessment procedure and its entry into force : 
From the date of publication of the decision on the adoption of a technical regulation prior to its entry 
into force, there is a preparatory period of at least  6 months and a transition period of 18 months after 
its entry into force.  
4. Regarding the transparency obligations in the light  of the current transfer of competences to 
the CU and EurAsEC : 
Each Member of the Customs Union/EurAsEC established its own national Enquiry Point 
(Information Center) on Technical Regulation and Sa nitary and Phytosanitary Measures.  Enquiry 
Point on TBT/SPS performs the functions of a notifi cation authority and has an information-advisory 
nature. 
The Enquiry Point on TBT/SPS of Kazakhstan was est ablished by the Resolution of the Government 
No. 718 of 11 July 2005. 
With the view to ensure the exchange of inform ation between the government authorities on issues of 
elimination of technical barriers to trade, and app lication of sanitary and phytosanitary measures, the 
Inter-ministerial Working Group of Kazakhstan on Exchange of Information on TBT and SPS 
Measures between was established. 
At present, all processed notifications on TBT and S PS issues are published in the official publication 
"Bulletin of the Enquiry Point on TBT/SPS", a nd also posted on the websites www.memst.kz 
www.wto.memst.kz. 
After Kazakhstan's accession to WTO, the Enquiry Po int will provide notifications stipulated in the 
Agreements on TBT and SPS, including the notifica tions on technical regulations of the Customs 
Union.  
For dissemination of the information among con cerned business circles on commencement of public 
consultations on draft technical regulations, draf t standards and draft sanitary and phytosanitary 
measures, and on processed notifications on TBT and SPS received from the WTO Member States, 
the Enquiry Point on TBT and SPS maintains the database of enterprises by industry sector.  
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