RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/63 
16 November 2005 
 (05-5360) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Additional Questions and Replies  
 
 
 The following submission, dated 3 November 2005, is being circulated at the request of the Delegation of the Republic of Kazakhstan.  
_______________ 
 WT/ACC/KAZ/63 
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 - Technical Barriers to Trade 
Question 1 Document WT/ACC/KAZ/60:  Could Kazakhsta n submit the following draft laws and 
regulations to the WTO Secretariat for the scruti ny of the Members of the Working Party: 
1) Law on Technical Regulation of November 2004; 2) Ordinance No. 64 of 25 March 2005 on 
measures to execute Law on Technical Regu lation; 3) Government resolution No. 1237 of 
26 November 2004; 4) draft technical regulations  on toys' safety; and 5) electromagnetic 
compatibility; 6) 11 draft-by- Laws (point  2.1). 
Answer:
 
All the texts requested are available through document WT/ACC/KAZ/63/Add.1. Question 2 Document WT/ACC/SPEC/KAZ/9 - paragraph 204:  We expect Kazakhstan to be in full 
conformity with TBT upon accession.  A tr ansition period is not acceptable. 
Answer:
 
Kazakhstan, acceding to the WTO, aims at full conform ity to the TBT Agreement.  With this view the 
Law "On Technical Regulation" has been adopted. 
This Law contains the fundamental provisions and pr inciples of the TBT Agreement.  It serves as a 
basis when elaborating technical regulations, sta ndards, conformity recognitions, accreditation and 
state control. 
Currently, in some industry sectors, the laws that stipulate provisions merely describing producers and 
the structures of the authorities, but no requirement s to the entities ensuring achievement of legitimate 
objectives, are still in operation.  
Mandatory requirements to the entities are contained in the standards, which with the implementation 
of the Law "On Technical Regulation", have become advisory in nature. 
Therefore, these laws shall be amended for th eir full conformity to the Law "On Technical 
Regulation" and the TBT Agreement.  Among them ar e:  "On Fire Security", "On Medicines", "On 
transports in the Republic of Kazakhstan"  and others, 30 laws in total.    
In addition, ten more laws are pending elaborati on (for instance, "On Electromagnetic Compatibility", 
"On Safety of Toys").  This is with the purpose of  the full coverage of all industry sectors under the 
Law "On Technical Regulation" and the TBT Agreement. 
Kazakhstan understands that  implementation period is not ava ilable.  Thus, Kazakhstan will take 
appropriate steps to revise acting 30 laws and elabor ate ten new laws that include safety requirements 
and take into account relevant intern ational laws and standards.  Such steps would allow us to remove 
technical barriers to trade. 
   WT/ACC/KAZ/63 
 Page 3 
 
 
 Finally, on the basis of proposals of the ministri es and agencies resulting from analysis of the acting 
regulatory legal acts governing various industry sectors for the purpose of their conformity to the Law 
"On Technical Regulation" and the TBT Agreement,  new regulatory legal acts on technical regulation 
will be elaborated and existing ones will be revised .  Kazakhstan will undertake its best efforts to 
adopt all abovementioned regulatory legal acts before the middle of 2006. 
Question 3 Has Kazakhstan submitted its November 2004 Law "On Technical Regulating" for its review? 
Answer:
 
Text of the Law of RK No. 603-II "On Techni cal Regulating" of 9 November 2004 (please see 
document WT/ACC/KAZ/63/Add.1). 
In addition, we hereby submit the following an notation to the Law "On Technical Regulating" 
(hereinafter referred to as Law) for the s ubsequent attention of the Working Party: 
This Law regulates relations associated with de termination, establishment, application and 
implementation of mandatory and voluntary require ments to products, processes, services, including 
conformity recognition, accreditation and governmental  control and supervisio n of observation of the 
meeting the set requirements, except for sanitary a nd phytosanitary measures.  Mandatory regulation 
of requirements applies to products only.  Mandato ry requirements to processes are introduced such 
processes that are related to the safety of products. 
Services shall not be subject to mandatory regulatio ns.  The provisions of this law apply to services 
only with regard to standardizati on and voluntary conformity assessment. 
The following are the main objectives of technical regulation: 
− provision of the safety of products and processes for human life and health and environment, 
including animals and plants; 
− ensuring national security;  
− prevention of actions, misleading the consumers as to the safety of products, services; 
− elimination of technical barriers to trade; and 
− increased competitiveness of products. 
The law takes into account the main requirements of the TBT Agreement, including: 
− equal treatment of national and imported products and uniform requirements to the 
procedures of conformity assessment; 
− priority of international standards in the de veloping of regulatory legal acts and national 
standards; 
− transparency in the development of re gulatory legal acts and standards; and 
− priority of rules of international treaties ra tified by the Republic of  Kazakhstan over national 
legislation. 
The Government shall set mandatory requirements to  products (processes, if necessary to processes) 
via normative legal acts (technical regulations), adopted by the Government. 
Standards are voluntary in nature and can be us ed as the demonstrative/support basis for meeting 
requirements of technical regulations. WT/ACC/KAZ/63 
Page 4  
 
 Technical regulations must contain an exhaustive lis t of mandatory requirement s to products and shall 
have the status of direct application. 
Requirements stipulated by technical regulations shall be set forth and applied in equal and the 
uniform manner regardless of the countr y and/or place of origin of a product. 
For expert examination of draft technical regulations  the law provides for creation of expert boards on 
technical regulation under the governmental bodies, which shall include representatives of 
governmental bodies, public unions, scientific organi zations and enterprises of the Republic of 
Kazakhstan. 
The law sets forth the requirements to the pro cess of elaboration, adoption and application of 
regulations, which ensure transp arency and their availability: 
− notifications on elaboration of draft tec hnical regulations, making amendments and/or 
addenda thereto, or their cancellation shall be published in an official printed edition and in 
the generally available information system within one month since the moment of the 
drafting, amending or cancellation; 
− to conduct pubic hearings and further work on the draft taking into account the comments; 
and 
− to provide interested parties upon their request  the comments collected to the draft technical 
regulation. 
The duration of public hearing of a draft technical regulation shall be at least 60 calendar days (from 
the day of publication of the notification on its elaboration up to the day of publication of the 
notification announcing the end of public hearing). 
Whenever the requirements set forth by technical regulations do not meet the requirements of the 
relevant international standards or  there are no such international standards or the requirements of the 
technical regulations in question might have an effect on conditions of imports or exports, the 
authority, which has elaborated the draft technical regulation, shall notify about the list of products to 
be covered by the elaborated technical regulation in question, about the purpose of and need in its 
creation, as well as submit detailed information on the elaborated draft technical regulation or a copy 
of the draft outlining the provisions that do not meet  the requirements of international standards to 
interested parties and foreign countries upon their request. 
Standards shall be elaborated by technical committ ees on standardization.  Technical committees on 
standardization shall include representatives of  governmental bodies and interested parties. 
Regulations and standards of other countries and intern ational organizations shall be used in full or in 
part as the basis in elaboration of national sta ndards of the Republic of Kazakhstan, except for 
situations when such standards are inefficient or  inadequate for achieving the objectives stipulated 
herein. 
An Enquiry Point (Information Centre) shall function for interaction with the Secretariat of the World 
Trade Organization, WTO Members, and internationa l organizations with the purpose of provision of 
interested parties and foreign countries with copies of documents and information on technical 
regulations, standards and conf ormity recognition procedures. 
The Law provides for such kinds of conformity assessment as "conformity recognition" - a 
documentary confirmation that a product is safe fo r consumers; and "accreditation" - the official 
recognition of the right to function of an body providing conformity recognition in such area.  WT/ACC/KAZ/63 
 Page 5 
 
 
 There are mandatory and voluntary conformity recognitions: 
1.  Mandatory conformity recognition is required for products with high risk of hazard.  These 
products are subjected to the conformity of a pr oduct to requirements of the relevant technical 
regulations. 
 Mandatory product conformity recognition shall have the form of certification issued by the 
certification body accredited in accordance with th e established procedure, or alternatively a 
producer shall declare the conformity of its products to the requirements set by technical 
regulations. 
2.  An applicant may make voluntary conformity recognition in the form of certification or 
declaring that products, which are not subject to mandatory conformity recognition, as well as 
services and processes do meet requirements of technical regulations or contracts. 
The Government shall approve the uniform accr editation procedure for bodies and laboratories 
involved in conformity recognition activities.  
Any organization, including foreign, seeking to work  in the national system of conformity recognition 
as a conformity recognition organization or a test  laboratory may perform such operations provided 
that it has been duly accredited in accordance with th e procedure approved by the Government of the 
Republic of Kazakhstan. 
Foreign conformity certificates, test protocols, accreditation certificates or equivalent documents 
issued by a foreign accreditation body shall be rec ognized by the authorized body in accordance with 
concluded international agreements. 
The Law strikes the balance between governmental in terference and protection of the public interests 
in use of safe product so that the products in questio n are subject to the state control only on the sales 
stage and only with regard to meeting the requirement s of technical regulations.  The state control of 
an enterprise may be undertaken only provided that  there have been detected violations of the 
production process. 
The law provides for a transition period, wher e until adoption of new technical regulations: 
− the relevant parts of regulatory documents (re gulations) and standard s regarding mandatory 
requirements designed to achieve the objectives of safety assurance and consumer information on product safety remain valid; and 
− mandatory conformity recognition shall be made  in accordance with safety criteria for the 
types of products and services included into th e list of products and services subject to 
mandatory conformity recognition as approved by the Government of the Republic of 
Kazakhstan. 
As soon as necessary, the new technical regulati ons are elaborated and adopted, the products 
governed by such adopted technical regulations shall be excluded from the said List.  In the future, the 
List shall cease to exist when all types of pr oducts representing potential hazard or harm will be 
regulated by technical regulations. 
As soon as technical regulations are adopted, the exis ting state and regional standards with duplicating 
or contradicting provisions shall become void. WT/ACC/KAZ/63 
Page 6  
 
 Question 4 
In reference to WT/ACC/SPEC/KAZ/8/Rev.1, Paragraph 157, is there an appeal process should 
accredited certification bodies decide not to issue a certificate?  If so, please describe.  
Answer:
 
An applicant may appeal measures undertaken by a organization providing conformity recognition in 
regard of a product conformity r ecognition.  In doing so, the applicant may apply to the Board of 
Appeals of the conformity recognition organization, and, if such applicant does not agree with its 
decision, to the Board of Appeals at the Technical Regulating and Metrology Committee, Ministry of 
Industry and Trade of RK.  
The applicant submits an appeal within one mont h since the day of receipt of notification on the 
decision made by the accredited certification bodies.  The appeal shall be made in writing, the form 
being upon the applicant's discretion, with the co rrespondence and other releva nt documents enclosed. 
Boards of appeal include specialists whose qua lification and experience can ensure unbiased and 
justified decisions.  When considering appeals, the board shall take measures to keep the confidential 
data constituting commercial secret undisclosed. 
The Board of Appeals shall consider an appeal w ithin 15 days submission of the documents.  The 
board's decision shall be made in th e form of a protocol and sent to th e applicant within ten days since 
the date of the meeting. 
The decision made by the Board of Appeals at the Technical Regulating and Metrology Committee 
may be appealed in the court according to th e legislation of the Republic of Kazakhstan. 
ST RK 3.10 – "The Order of the Examination of A ppeals" has been submitted to the Secretariat 
(please see document WT/ACC/KAZ/63/Add.1). 
Question 5 If no accredited body has the testing capability,  will the testing results of a non-accredited body 
be considered/accepted? 
Answer:
 
A certification body or a laboratory shall be accred ited for specific types of products and tests. 
Certification bodies or laboratories are not allowed to function outside their scope of accreditation. 
In the absence of accredited la boratories, tests may be conducted by competent non-accredited test 
laboratories, which can guarantee objective results, only upon request of the Committee on Technical 
Regulating and Metrology of the Ministry of Industry and Trade of the RK. 
Moreover, the existing system of certification provides several conformity recognition schemes 
(modules), including schemes for situations when th ere are no necessary test laboratories exist in a 
region.  In such situations, the decision shall be  made on the basis of submitted documents supporting 
the conformity of products in question to the re quirements (test protocols from other laboratories, 
earlier certificates for the products, certificate on quality management system, etc).  
However, such scheme cannot be applied for certifi cation of children food, toys, gasoline for cars, 
medicines, and hazardous industrial objects.  WT/ACC/KAZ/63 
 Page 7 
 
 
 The conformity recognition schemes (mo dules) are enclosed in the Annex. 
Question 6 
Question 101:  Please provide an exhaustive list of all products that require a certificate of 
conformity.  How is a certificate acquired? Is the re a cost associated with the certificate?  
Answer:  
With the purpose of ensuring the safety of products fo r the human health and life, and environment, as 
well as for the national security concerns a nd competitiveness of local products that meet 
requirements of relevant regulations and satisfy  consumer demands, Government Resolution No. 367 
as of 20 April 2005, approved: 
− list of products and services subject to mandato ry certification, including 24 groups of 
products, including vehicles and their components and details, agricultural machinery, service 
and civil arms and ammunition, electro-techni cal, radio and electronic appliances, household 
chemicals, etc; and 
− list of products allowed for conformity recogn ition with conformity declaration, including 
eight groups of products.  It includes certain ty pes of furniture, shoes, construction materials, 
medical items, communication means, etc. 
This Resolution has been submitted to the Secretariat (please see document 
WT/ACC/KAZ/63/Add.1). 
Mandatory conformity recognition shall have the form of certification by a duly accredited 
certification body or in the form of declaration of conformity to technical regulations requirements. 
There is a single conformity recognition procedure in  Kazakhstan for all kinds of products regardless 
of areas of their use. 
Rules on Conformity Recognition and Accredita tion Work Involving Governmental Bodies, 
Technical Committees on Standardization and Ce rtification Bodies were approved by Ordinance 
No. 136 by the Committee on Technical Regulating and Metrology of the Ministry of Industry and Trade of RK, as of 13 May 2005 and registered in the Ministry of Justice (please see document 
WT/ACC/KAZ/63/Add.1). 
Besides, the national standard ST RK 3.4-2003 "S tate Certification System of the Republic of 
Kazakhstan. Procedure for Product Conformity Rec ognition. General Requirements".  The standard 
provides for several conformity recognition schemes  (modules) available for the applicant to choose 
from. 
Conformity recognition schemes (modules) are enclosed in the Annex. 
Products, subject to mandatory certification (both local and imported), shall be certified by safety 
criteria in accordance with the following uniform rules: 
1. Products shall be certified upon the applicant's request submitted to any certification body 
accredited for such type of products: 
− the applicant chooses the product certificati on scheme (module) with the assistance of 
the certification body; WT/ACC/KAZ/63 
Page 8  
 
 − the certification body shall consider the app lication, register it, and send the applicant 
the resolution on the results of application processing.  The resolution states the main 
certification conditions: the suggested certif ication scheme (module), the laboratory, 
conditions of inspection control over the certified product;  
− if the applicant agrees with the conditions  of product certification, they make an 
agreement on product certification and the app licant transfers the certification fee to 
the certification body's bank account; 
2. The certification body takes samples of the declared products in accordance with the 
requirements of guidelines on such products, wh ich is to be verified with the document; 
3. The certification body sends the samples to th e accredited laboratory (centre) chosen at its 
discretion: 
− the laboratory (test centre) shall check the samples and send the results report to the 
certification body; 
4. If the certification scheme (module) procedure results positively, the certification body issues 
the certificate for the product and makes the required number of copies: 
− the conformity certificate may have an anne x with the list of specific products that 
were certified, and, their composition if required; 
− the certification body sets the certificate's expiration date taking into account: 
− the certification scheme (module) chosen;  
− the specific character of a product and its production;  
− expiration term of standards and norma tive documents for the product; and 
− the period of validity of the certific ate on production or quality management 
system, but no longer than for three years. 
5. The inspection control of certified products, if  such is required by the chosen certification 
scheme (module), shall be made by the certification body that has issued the certificate. Inspections shall be made at least once a year during the entire period of the certificate's validity. 
The cost of certification depends on how much a nd difficult the testing of the certified product is. 
Question 7 
WT/ACC/KAZ/57 contains a number of questions  raised by us for which Kazakhstan has 
provided responsive information.  We will reflec t on this information and provide additional 
comments and questions in writing. 
The text WT/ACC/SPEC/KAZ/9 requires updating in the light of the passage of the 
9 November 2004 Law "On Technical Regulating" to better reflect the substantial and positive 
reforms Kazakhstan is undertaking. 
The Working Party Report should be revised to reflect the current situation and should 
mention this up front (i.e. paragraph 189). 
Answer:
 
We propose amending the text of the Working Party Report as follows:  WT/ACC/KAZ/63 
 Page 9 
 
 
 Paragraph 189:  The legislation framework on techni cal regulating, standardization, certification, and 
accreditation in Kazakhstan is based on Law No. 603-II "On Technical Regulating" of 
9 November 2004.  This law replaced the earlier La w No. 433-1 "On Standardization" of 16 July 1999 
and Law No. 434-1 "On Certification" of 16 July 1999. 
The law takes into account the main requirements of the WTO Agreement on TBT, including: 
− equal treatment of national and imported products and uniform requirements to the 
procedures of conformity assessment; 
− priority of international standards in the de veloping of regulatory legal acts and national 
standards; 
− transparency in the development of re gulatory legal acts and standards; and 
− priority of rules of international treaties ra tified by the Republic of  Kazakhstan over national 
legislation. 
Paragraph 190:  The Law of RK "On Technical Regulating" sets forth mandatory requirements to 
products aimed to ensure their safety to the human health and life, environm ent protection, national 
security, as well as to prevent actions misleadi ng consumers as to the safety of products. 
Mandatory requirements to processes shall be estab lished only when such processes are related to 
product safety assurance. 
Technical regulations adopted by the Government sh all set forth mandatory requirements to products 
(processes, if necessary). 
Technical regulations must contain an exhaustive lis t of mandatory requirement s to products and shall 
have the status of direct application. 
Requirements stipulated by technical regulations shall be set forth and applied in equal and the 
uniform manner regardless of the countr y and/or place of origin of a product. 
For expert examination of draft technical regulations  the law provides for creation of expert boards on 
technical regulation under the governmental bodies, which shall include representatives of 
governmental bodies, public unions, scientific organi zations and enterprises of the Republic of 
Kazakhstan. 
Elaboration of technical regulations shall be based on international and regional standards. 
With such requirements, the national legislation on technical regulating cannot  constitute any barriers 
to international trade. 
The existing laws of the Republic of Kazakhstan will be brought into  conformity with the provisions 
of the Law of RK "On Technical Regulating" with the principles and provisions of the WTO 
Agreement on technical barriers to trade. 
With this purpose, Kazakhstan has prepared a draf t Program for elaboration of ten new and amending 
30 existing laws of the Republic of Kazakhstan. 
Expert boards on technical regulating to be created at governmental bodies shall elaborate and make 
expert examination of draft techni cal regulations.  Such expert boa rds shall include representatives of 
governmental bodies, public unions, scientific organi zations and enterprises of the Republic of 
Kazakhstan. WT/ACC/KAZ/63 
Page 10  
 
 Currently, the expert boards have been created unde r the auspices of the ministries of industry and 
trade; transport and communications emergency, la bour, finance, interior, defence, agriculture, and 
public protection; Informatization and Communicat ion Agency, National Security Committee, and 
Land Resources Management Agency.  
The body elaborating technical regulations shall publish notifications on elaboration of a draft 
technical regulation within one month since the mo ment of the drafting; conduct pubic hearings and 
further work on the draft taking into account the comments; provide interested parties upon their 
request the comments collected to the draft technical regulation. 
The term of public hearing of a draft technical regulation shall be at least 60 calendar days. 
Whenever the requirements set forth by technical regulations do not meet the requirements of the 
relevant international standards or  there are no such international standards or the requirements of the 
technical regulations in question might have an effect on conditions of imports or exports, the 
authority, which has elaborated the draft technical regulation, shall notify about the list of products to 
be covered by the elaborated technical regulation in question, about the purpose of and need in its 
creation, as well as submit detailed information on the elaborated draft technical regulation or a copy 
of the draft outlining the provisions that do not meet  the requirements of international standards to 
interested parties and foreign countries upon their request. 
Paragraph 191:  In accordance with the Law of RK  "On Technical Regulating" standards shall be 
applied voluntarily and equa lly regardless of the origin of a product or service. 
Kazakhstan may apply internationa l and regional standards, classifiers of technical and economic 
information, rules, guidelines and recommendations, national standards, standards of organizations, 
foreign classifiers of technical and economic  data, rules, norms and recommendations on 
standardizing meeting security requirements. 
International standards shall prevail. 
Regulations and standards of foreign countries and inte rnational organizations shall be used in full or 
in part as the basis in elaboration of state st andards of the Republic of Kazakhstan, except for 
situations when such standards are inefficient or  inadequate for achieving the objectives stipulated 
herein. 
Standards shall be elaborated by technical comm ittees on standardization . Technical committees on 
standardization shall include representatives of  governmental bodies and interested parties. 
Paragraph 192:  Rules approved by an ordinan ce of the Committee on Technical Regulating and 
Metrology and registered in the Ministry of Justice shall govern the process and procedure for 
elaboration, coordination, recording, approval, expert examination, amending, termination and 
enforcement of national standards and classifiers of technical and economic information, as well as the procedure for accounting and application of intern ational, regional, and national standards, foreign 
classifiers of technical and economic data, rules,  norms and recommendations  on standardizing and 
accreditation in the territory of the Republic of Kazakhstan. 
An Enquiry Point (Information Centre) on Technical Barriers to Trade, Sanitary and Phytosanitary 
Measures has been created for interaction with the Secretariat of the World Trade Organization, WTO 
Members, and international organizations with the purpose of provision of interested parties and other 
countries with copies of documents and informa tion on technical regulations, standards and 
conformity recognition procedures.  WT/ACC/KAZ/63 
 Page 11 
 
 
 Any interested party may request Enquiry Point (Information Centre) the necessary information . 
Paragraph 193:  The Law "On Technical Regulating" provides for mandatory and voluntary 
conformity recognition:  
Mandatory product conformity recognition shall ha ve the form of certification issued by the 
certification body accredited in accordance with the est ablished procedure, or alternatively a producer 
shall declare the conformity of its products to  the requirements set by technical regulations. 
An applicant may make voluntary conformity recogniti on in the form of certification or declaring that 
products, which are not subject to mandatory conformity recognition, as well as services and 
processes do meet requirements of technical regulations and contracts. 
Until adoption of the relevant technical regulations , mandatory conformity recognition shall be made 
in accordance with safety criteria for the types of products included into the list approved by the 
Government of the Republic of Kazakhstan. 
The list of products and services subject to mandato ry certification includes 24 groups of products, 
including vehicles and their components and details , agricultural machinery, service and civil arms 
and ammunition, electro-technical, radio and electr onic appliances, household chemicals, consumer 
commodities contacting human skin, food and water,  construction materials and structures, light 
industry products, medicines, fuel, toys, personal protection aids, etc. 
The list of products allowed for c onformity recognition with conformity declaration includes eight 
groups of products, including certain types of furnitu re, shoes, construction ma terials, medical items, 
and communication means. 
As soon as necessary technical regulations are elaborat ed and adopted, the products governed by such 
adopted technical regulations shall be excluded fr om the List of Products Subject to Mandatory 
Conformity Recognition. In future, the List shall cease to exist when all types of products representing 
potential hazard or harm will be regulated by technical regulations. 
There is a single conformity recognition procedure in  Kazakhstan for all kinds of products regardless 
of areas of their use.  Rules on Conformity Recognition and Accreditation Work Involving Governmental Bodies, Technical Committees on Sta ndardization and Conformity Recognition Bodies 
were approved with Ordinance No. 136 by the Co mmittee on Technical Regulating and Metrology of 
the Ministry of Industry and Trade of RK, as of 13 May 2005 and registered in the Ministry of Justice 
(please see document WT/ACC/KAZ/63/Add.1). 
Besides, the national standard ST RK 3.4-2003 "S tate Certification System of the Republic of 
Kazakhstan. Procedure for Product Conformity R ecognition. General Requirements" describes the 
organizational and technical aspects of this process. 
Paragraph 194:  The work on harmonization of  the existing standards with requirements of 
international standards with priority of application of international standards is in progress.  In 2004 
Kazakhstan elaborated and harmonized 197 state sta ndards, including 82 standards in real economy 
sector.  This year Kazakhstan will harmonize 290 standards. 
For the further work on transition to internationa l standards, an analysis was undertaken of the 
existing normative framework (standards) on food, light , oil and gas industry, tourism, transportation 
and metallurgy, and proposals were made, accordingly, as to application of international standards in 
the mentioned sectors. WT/ACC/KAZ/63 
Page 12  
 
 Paragraph 195:  Conformity declaration shall be made by producer (vendor) of products subject to 
mandatory conformity recognition in case when it is  required by technical regulations, as well as 
voluntarily in regard of any other products that ar e not subject to mandatory conformity recognition. 
The declaration may be made in the form of: 
− a conformity declaration based on the own evidence; or 
− a conformity declaration based on evidence obt ained with participation of conformity 
recognition organization. 
The following documents may be used as a proof: te chnical documentation, results of own researches 
(tests) and measures and/or other documents that we re used as the basis for the conformity recognition 
of a product in question. 
When declaring the conformity bases on the own ev idence and evidence obtained with the help of a 
conformity recognition organization, the applicant in  addition may, on its discretion, use laboratory 
tests and measures protocols and submit a quality management system certificate.  
Conformity declaration shall be registered in th e conformity recognition organization accredited for 
this specific type of products. 
A duly arranged and registered conformity declarati on, equally with a conformity certificate is valid 
in the entire territory of the Republic of Kazakhstan  
Until adoption of the relevant technical regulations , the conformity declaration may be used for 
products, the list of which is approved by the Government.  
Paragraphs 196-200:  No Changes. Paragraph 201:  Law "On Technical Regulating" cove rs all sectors, including the telecommunication 
sector.  
Under the program for elaboration of new and revision of the existing laws of the Republic of 
Kazakhstan the Law "On Communication" will be revised  in order to bring into conformity with the 
law "On Technical Regulating". 
The main criterion for elaboration of new and revisi on of the existing laws is safety for the human life 
and health, and environment protection, the main  principles of which are transparency, equal 
requirements to local and imported products, and use of international standards as the basis for their 
elaboration. 
Law "On Technical Regulating" provides that fore ign conformity certificates, test protocols, 
accreditation certificates or equal documents issued by foreign accreditation bodies shall be 
recognizes in accordance with inte rnational treaties/agreements. 
If there are no such international treaties/agreemen ts, test results of a body based outside of 
Kazakhstan shall be recognizes through accreditation of  such organization in the national system of 
accreditation of the Republic of Kazakhstan, wh ich complies with paragraph 6.1 of the WTO 
Agreement on TBT. 
Paragraphs 202-203:  No changes.  WT/ACC/KAZ/63 
 Page 13 
 
 
 Paragraph 204:  Kazakhstan, acceding to the WTO, aims at full conformity to the TBT Agreement. 
With this view the Law "On Technical Regulating" has been adopted. 
This Law contains the fundamental provisions and pr inciples of the TBT Agreement.  It serves as a 
basis when elaborating technical regulations, sta ndards, conformity recognitions, accreditation and 
state control. 
Currently, in some industry sectors, the laws that stipulate provision merely describing producers and 
the structures of the authorities, but no requirement s to the entities ensuring achievement of legitimate 
objectives, are still in operation.  
Mandatory requirements to the entities are contained in the standards, which with the implementation 
of the Law "On Technical Regulating", are advisory in nature. 
Therefore, these laws shall be amended for th eir full conformity to the Law "On Technical 
Regulating" and the TBT Agreement. Among them ar e:  "On Fire Security", "On Medicines", "On 
transports in the Republic of Kazakhstan"  and others, 30 laws in total.    
In addition, ten more laws are pending elaborati on (for instance, "On Electromagnetic Compatibility", 
"On Safety of Toys").  This is with the purpose of  the full coverage of all industry sectors under the 
Law "On Technical Regulating" and the TBT Agreement. 
Kazakhstan understands that  implementation period is not ava ilable.  Thus, Kazakhstan will take 
appropriate steps to revise acting 30 laws and elabor ate ten new laws that include safety requirements 
and take into account relevant intern ational laws and standards.  Such steps would allow us to remove 
technical barriers to trade. 
Finally, on the basis of proposals of the ministri es and agencies resulting from analysis of the acting 
regulatory legal acts governing various industry sectors for the purpose of their conformity to the Law 
"On Technical Regulating" and the TBT Agreement,  new regulatory legal acts on technical regulation 
will be elaborated and existing ones will be revised .  Kazakhstan will undertake its best efforts to 
adopt all abovementioned regulatory legal acts before the middle of 2006. 
Question 8 
It remains unclear to us why Kazakhstan believes it needs а transition period to comply with 
WTO ТВТ  obligations. 
It would appear that Kazakhstan has а structure in place to ensure future compliance, and that 
the main issue left is to rescind/sunset/amend ex isting technical regulations or conformity 
assessment procedures it believes are not WTO compliant. 
This is Kazakhstan's responsibility in joining the WTO and we would expect this to be done by 
the time of accession. 
It is not clear why Kazakhstan believes it ne eds to pass ten new laws and 100 government 
resolutions (in specific regulatory areas, not horizo ntal legislation which appears to already be 
in place) in order to comply with the WTO ТВТ  obligations.  Why would this be necessary? 
Kazakhstan states that 30 existing laws need to be amended, but it is not clear whether these 
amendments are necessary for purposes of conformi ng to WTO obligations, or whether they are 
being undertaken for purposes of upgrading its in frastructure and regulatory quality.  If the 
latter, such amendments could take place in  due course and need not hinder WTO accession. WT/ACC/KAZ/63 
Page 14  
 
 As it does not appear that Kazakhstan needs a dditional legislation to implement WTO, we 
believe that Kazakhstan should commit to adhere to the ТВТ  Agreement upon accession and 
without recourse to transition. 
Answer:
 
Kazakhstan, acceding to the WTO, aims at full conform ity to the TBT Agreement.  With this view the 
Law "On Technical Regulating" has been adopted. 
This Law contains the fundamental provisions and pr inciples of the TBT Agreement.  It serves as a 
basis when elaborating technical regulations, sta ndards, conformity recognitions, accreditation and 
state control. 
Currently, in some industry sectors, the laws that stipulate provision merely describing producers and 
the structures of the authorities, but no requirement s to the entities ensuring achievement of legitimate 
objectives, are still in operation.  
Mandatory requirements to the entities are contained in the standards, which with the implementation 
of the Law "On Technical Regulating", are advisory in nature. 
Therefore, these laws shall be amended for th eir full conformity to the Law "On Technical 
Regulating" and the TBT Agreement. Among them ar e:  "On Fire Security", "On Medicines", "On 
transports in the Republic of Kazakhstan"  and others, 30 laws in total.    
In addition, ten more laws are pending elaborati on (for instance, "On Electromagnetic Compatibility", 
"On Safety of Toys"). This is with the purpose of  the full coverage of all industry sectors under the 
Law "On Technical Regulating" and the TBT Agreement. 
Kazakhstan understands that  implementation period is not ava ilable.  Thus, Kazakhstan will take 
appropriate steps to revise acting 30 laws and elabor ate ten new laws that include safety requirements 
and take into account relevant intern ational laws and standards.  Such steps would allow us to remove 
technical barriers to trade. 
Finally, on the basis of proposals of the ministri es and agencies resulting from analysis of the acting 
regulatory legal acts governing various industry sectors for the purpose of their conformity to the Law 
"On Technical Regulating" and the TBT Agreement,  new regulatory legal acts on technical regulation 
will be elaborated and existing ones will be revised .  Kazakhstan will undertake its best efforts to 
adopt all abovementioned regulatory legal acts before the middle of 2006. 
-  Sanitary and Phytosanitary measures 
Question 9  
As regards Table (1) in WT/ACC/KAZ/58 - La w: "On Changes and Amendments into the 
Legislation of the Republic Kazakhstan on Separati on of Authorities between the Levels of State 
Governance and Budget Relations", please specify: 
What is the reason for such high requirements (above the international standards) for 
importers from other countries?  WT/ACC/KAZ/63 
 Page 15 
 
 
 Answer:  
The Law "On Amendments and Addenda to the Le gislation of the Republic of Kazakhstan on 
Separation of Authorities between the Levels of State Governance and Budget Relations" No. 9-III of 
20 December 2004 has introduced changes and addenda aimed to bring laws "On Plants Quarantine" 
and "On Veterinary" into conformity wi th the requirements of the SPS agreement: 
Provisions of 
SPS Agreement Law "On Plants Quarantine" Law "On Veterinary" 
Article 4. Members shall accept 
the sanitary or phytosanitary 
measures of other Members as 
equivalent, even if these measures differ from their own or from 
those used by other Members 
trading in the same product, if the exporting Member's appropriate 
level of sanitary or phytosanitary 
protection.  Article 8.18. Competence of the 
State authorized veterinary body 
and its territorial units shall cover 
acceptance of the fact that veterinary measures in other 
countries as equivalent, if such 
measures guarantee an appropriate level of safe on the territory of the 
country.  
 
Article 5.7.  In cases where 
relevant scientific evidence is 
unsufficient, a Member may provisionally adopt sanitary or 
phytosanitary measurse on the 
basis of available pertinent information, including that from 
the relevant international 
organizations as well as from sanitary or phytosanitary measures 
applied by other Members. Article 8.1-1. The state inspectors 
of the authorized body on 
quarantine control shall be entitled to apply (impose) temporary 
quarantine measures to products 
subject to quarantine imported from other states, in cases when 
scientific evidence on the basis of 
the available information, including that from the relevant 
international organizations as well 
as from phytosanitary measures applied by other countries, is 
insufficient. Article 8.19. Competence of the 
State authorized veterinary body 
and its territorial units shall cover introduction of temporary 
veterinary measures in cases, when 
scientific evidence of the exporting country on the basis of 
the available pertinent 
information, including the information, received from 
international organizations, is 
insufficient.  
Article 6.  Members shall, in particular, recognize the concepts of pest- or disease  free areas and 
areas of low pest or disease 
prevalence. Article 7.5. The authorized agency 
shall perform quarantine inspection, laboratory tests and 
phytosanitary certification of 
imported and exported products subject to quarantine based on 
phytosanitary characteristics of the 
area, place of origin and 
destination, as well as pest-free 
areas or areas of low pest prevalence. Article 8.20.  Co mpetence of the 
State authorized veterinary body and its territorial units shall cover 
identification of territories, or parts 
thereof, that are free from diseases, or have low diseases prevalence, 
carrying out control over traffic of 
goods exported from these 
territories, providing confirmations 
to the importing country, and ensuring access to its 
representatives with the purpose of 
carrying out inspections of these territories. 
 
No additional measures ensuring a higher level of sanitary and phytosanitary protection than the 
international standards, taking into account the risk assessment, have been introduced into the above 
mentioned Law.  
Question 10 
Document WT/ACC/KAZ/58:  Please specify how the analysis of risk orig inating from imported 
products is provided? WT/ACC/KAZ/63 
Page 16  
 
 Answer:
 
- Food safety:  
Risk assessment is conducted upon request of the government authorities, including government 
bodies on sanitary-epidemiological control, judicial authorities, public associations, entrepreneurs, 
legal and physical persons. 
Within their authority, the government bodies on sanitary-epidemiological control organize risk 
assessment, i.e. set a task to carry out the research /study on risk assessment with clear indication of 
objectives and missions. 
Risk assessment shall be carried out in accordance with established procedure by the bodies that are 
part of sanitary-epidemiological service (republican  sanitary-epidemiological stations, centres for 
sanitary-epidemiological expertise, republican sci entific-research organizations, conducting activities 
in the sphere of sanitary-epidemiological welfare of  the population, state anti-plague institutions) 
(hereinafter – bodies of sanitary-epidemiological service). 
The bodies of sanitary-epidemiological service submit detailed report on conducted research and 
expert conclusion, which shall be supported with  substantiation of results and recommendations in 
accordance with the targeted objective and missions. 
Government bodies on bodies of sanitary-epidemiol ogical control on the basis of the reports and 
conclusions issue sanitary-epidemiological conclusion. 
Risk assessment shall be carried out  according to the following stages: 
- Hazard identification:  (identification of  potential harmful factors, assessment of the 
relationship of the factors in question and de terioration of human health, sufficiency and 
reliability of available information as to wh ether contaminant levels are caused by the 
substances under analysis; form a list of priority  chemical substances that are subject to the 
subsequent description); 
- Assessment of "dose-response" dependence: revelation of quantitativ e relationship between 
data on human health a nd level of expositions; 
- Analysis of the influence (expositions) of ch emical substances on human: characteristics of 
contaminant sources, routs of movement of contaminants from the sources to human body; pathways and points of influence, determinati on of doses and concentrations; that will have 
impact in the future; identification of e xposition levels for population in the whole and 
individual sub-populations, incl uding supersensitive groups; and 
- Characteristics of the risk:  analysis of a ll available data, calculation of risks posed to 
population and its individual sub-groups; compar ison of risks with the tolerance levels, 
comparative analysis and ranging of various risks according to their statistical, medical, 
biological and social significance, identification of medical priorities and those risks that must 
be prevented or reduced to the acceptable level. 
Interested parties can submit their comments on risk assessment via notification procedures 
established by the WTO Secretariat or the SPS/TBT Enquiry Point. 
    WT/ACC/KAZ/63 
 Page 17 
 
 
 - Plant Health:  
The phytosanitary risk analysis is determined as  the "process of biological and economic scientific 
assessment of a pathogenic organism aimed to determ ine if such an organism should be an object to 
phytosanitary measures, and how strict the phytosan itary measures should be taken against it" in the 
text of International Convention for Plant Protection revised in 1997. 
The risk assessment analy zes the possibility of a pathogenic organism to enter and acclimatize in a 
natural habitat (in Kazakhstan) e xposed to danger, as well as the po tential economic damage for this 
region. Assessment of the phytosanitary risk re duction allows to select specific phytosanitary 
(quarantine) measures in accordance with the biological features of the quarantined species and the 
ways of its infection and spread.  
The phytosanitary risk analysis includes three phases: preparatory, phytosanitary risk assessment, and 
assessment of the phytosanitary risk reduction. 
The preparatory phase includes identification of the pa thogenic organism or determination of its ways 
of spread for which the phytosanitary  risk analysis will be carried out. 
During the second phase (phytosanitary  risk assessment) the pathogenic organism is to be studied 
individually with the purpose of determination of it's conformity with the criteria of quarantine 
species.  At this stage an assessment of a phytosanitary risk of the specific pathogenic organism for 
the territory of Kazakhstan (probability of pe netration, acclimatization, and potential economic 
damage) is carried out. 
The third phase (assessment of the phytosanitary ri sk reduction) aims at assessing potential of the 
phytosanitary measures to reduce the risk from the specific quarantined pathogenic organism and 
determine the necessary phytosanitary measures.  Phyt osanitary measures are used with the purpose to 
reduce the risk of entry of a pathogenic organism through the pathways revealed in the course of the 
phytosanitary risk assessment. 
For the phytosanitary risk assessment, the authori zed body on plant quarantine invites scientists from 
plants protection research institutes, who jointly with specialists from the Russian Plant Quarantine 
Research Institute, carry out the quarantine measures development on the basis of scientific principles 
of phytosanitary risk assessment taking into acc ount international standards and recommendations. 
This work has been included into  the action plan of the Ministry of Agriculture of Republic of 
Kazakhstan for 2005-2007 under the secti ons on pests, plant diseases and weeds. 
- Animal Health:  
Risk analysis has important place in trade in an imals, processed and raw products originated from 
animal as well as other goods subject to veterinary  control; and as well as in movement of and 
utilization of above mentioned s ubstances which potentially may carry hazard caused by diseases, 
harmful toxic substances threatening the epizootic welfare and food safety. 
The risk assessment is to be undertaken upon requ est of state authorities including central and local 
bodies of the state veterinary services, judicial authorities, and public associations, legal and physical 
persons. 
State veterinary authorities within their co mpetence organize risk assessment and request 
organizations under their supervision (the Stat e Institution "National Ce ntre for Reference, 
Monitoring and Veterinary Diagnosis" with its bran ches, the State Enterprise "Republican Veterinary WT/ACC/KAZ/63 
Page 18  
 
 Laboratory" with its branches, republican scientific  research institutions, regional branches of state 
veterinary control on the border and transport and local bodies of state veterinary) to conduct research. 
The process of risk analysis includes the following components: - Hazard identification:  identification of pathogenic organisms, c ontaminants and toxic 
elements in products; 
- Risk determination:  dete rmination of likelihood as we ll as biological and economic 
consequences coming from entry and spread of pathogenic micro-organisms, toxic and harmful substances; 
- Risk management:  determination, selection and conduct of measures to be undertaken to 
reduce the risk as well as monitoring and inspec tion as to whether those measures do achieve 
the required results; and 
- Notification of risk:  mutual and periodical ex change of information about risk between the 
experts which carry out the risk assessment and the officers responsible for risk management 
and all other interested parties. 
The analysis of the veterinary and sanitary risk  shall be conducted in accordance with the national 
veterinary legislation taking into  account relevant recommendations of the Terrestrial Code of the 
OIE, and requirements of the SPS Agreement. 
The veterinary bodies upon completion of their r esearch and risk assessment shall submit the reports 
and laboratory expertise.  On the basis of that r esearch the veterinary authority takes actions against 
hazard accordingly. 
Question 11 Document WT/ACC/KAZ/58: Please specify wheth er import permits will be required only for 
products already tested  against the elevated risk or for every product. 
Answer:
 
Permits are required for importati on of all goods subject to the state veterinary and quarantine 
supervision. 
According to Article 20 of the Law "On Veterinary" the state veterinary control for subjected goods is 
mandatory.  
Cargoes subject to the state veterinary control are animals, products, raw materials of animal origin 
(meat and meat products, milk and da iry products, fish and fish produc ts, eggs and egg products that 
are not used for food without special processi ng as well as apiculture products), veterinary 
medications, fodder and feeding additives.  List of goods subject to State veterinary control was 
enclosed in Annex 15 of document WT/ACC/SPEC/KAZ/9.  
Import and transit of cargoes, subject to the state ve terinary control, from other countries that are safe 
in terms of epizootic situation, shall be permitted  for circulation on the territory of the Republic of 
Kazakhstan with consideration of the veterinary (veterinary and sanitary) regulations established by 
the state authorized veterinary body.    
Import, export and transit of cargoes subject to the state veterinary control shall be carried out in 
accordance with analysis of epizootic envi ronment of the appropriate territory.   WT/ACC/KAZ/63 
 Page 19 
 
 
 According to Rules on Protection of the Territory of the Republic of Kazakhstan from Pests, adopted 
by the Government Resolution No. 773 of 1 August 2003, any products subject to plant quarantine control shall be allowed for importation to the Republic of Kazakhstan only through the checkpoints 
at the state border of the Republic of Kazakhstan,  which have border phytosanitary points and posts 
equipped in accordance with the plant quarantine ru les and norms.  The following documents shall be 
provided: 
− import quarantine permits of the authorized plant quarantine body; and 
− phytosanitary certificates of the national quarantine services of exporting countries.    
Import quarantine permits are issued on the basis of written applications of le gal and physical persons 
for the specific shipment of products subject to plant quarantine control. 
To obtain the permits, legal and physical persons not la ter than 30 days prior to importation or within 
five days prior to transit through the territory of  Kazakhstan shall submit to the authorized body the 
application with the following information: 
− Objective of the importation (transit) of a produc t subject to plant quarantine control and its 
quantity with specification of the form and type of packaging of the cargo; 
− Destination and purpose of use of a product (addr ess, and for transits – route and country of 
destination); 
− Name of exporting country from which the impor t or transit is supposed as well as name of 
origin of a the product subject to plant quarantine control; 
− Approximate date of arrival of an imported good or transit; and 
− Name of the border check point (post) through which the products subject to plant quarantine 
control is supposed to pass. 
In the application, applicant guarantees to carry  out necessary plant quarantine measures at it's own 
costs. 
Nomenclature of Basic Products Subject to Quaranti ne and Plant Quarantine Phytosanitary Control is 
enclosed in Ordinance No. 166 of 30 May 2002 (please see document WT/ACC/KAZ/63/Add.1). 
Question 12 
Paragraph 220:  We expect Kazakhstan  to be  in full conformity with SPS upon accession.  
A transition period is not acceptable. 
Answer:
 
The national legislative framework has been harm onized with requirements of the WTO Agreement 
on Sanitary and Phytosanitary Measures.  In D ecember 2004, in accordance with recommendations of 
the WTO Secretariat, there were made additional changes to the laws of "On Veterinary" and "On 
Plant Quarantine" for their further ha rmonization with the WTO provisions. 
Methodic guidelines on tests for international trad e in animals and animal products are being 
harmonized with international requirements. 
With regard of improvement of the laboratories ma terial and technical base, veterinary laboratories 
are being equipped with modern equipment, a nd the border check points on plant quarantine and 
veterinary laboratories are being equipped w ith the necessary instruments and equipment. WT/ACC/KAZ/63 
Page 20  
 
 In 2004 there was launched the World Bank's Proj ect "Increasing Competitiveness of Agricultural 
Products".  The project is designed for five years from 2005 till 2009.  One of the components of the project covers quality management of agricultura l products and safety assurance issues; and provides 
for creation of national reference laboratories on vete rinary and plant protection for adaptation to the 
standards and recommendations of World Organization of Animal Health (OIE), International Plant 
Protection Convention, and Codex Alimentarius Commission. 
However, not all problems have been solved.  Full compliance with the SPS Agreement needs 
allocation of lot more funding for construction of laboratories, equipping them with modern 
equipment and training personnel. 
In accordance with the requirements of the Interna tional Office of Epizootics, in the course of 
international trade in animals and animal produc ts the countries shall widely use the following 
molecular-genetic and immunochemical diagnostics me thods for the imperative and alternative tests: 
polymerase chain reaction, immune-enzyme analysis, and spectrophotometric methods.  
Absence of such a practice could entail a sudden decr ease in the veterinary and phytosanitary safety 
due to the general liberalization of the trade regime.  At that, it should be noted that many especially 
dangerous animal diseases are natural hearth infec tions, i.e. the pathogen either circulates in the 
animal organism or stays in the soil or other e nvironmental objects for a long time (up to 100 years). 
Reputation of a country with low veterinary and ph ytosanitary safety would have a negative effect on 
the exportation of Kazakh products. Besides, Kaza khstan is a member to various international 
organizations (CIS, SCO, SEA) and as such has commi tments in regard of ensuring the appropriate 
level of veterinary and phytosanitary safety.  Accession to the WTO and taking commitments would 
entail a higher responsibility of Kazakhstan concer ning these matters, which would be impossible to 
implement without a proper SPS service.  
To efficiently reveal the pathogens in animal or ganisms and environmental objects, the veterinary 
laboratories need modern equipment and diagnostic tools. 
Therefore, to implement the commitments on SPS the food production industry of Kazakhstan needs 
certain period of time to meet the requirements  of the WTO provisions, draw necessary funds and 
adapt to new conditions.  For the reasons stated above, Kazakhstan asks for a four year transition 
period. 
Besides, the four year transition period is necessary to harmonize the standards on sanitary and 
epidemiological safety of population with requirements of international standards. 
Question 13 
We seek this as a problematic area, where Ka zakhstan has much work to do. We have some 
from November that need fuller response. 
The Republic of Kazakhstan is requesting to delay application of the provisions of the SPS 
Agreement for a period of four years followi ng the moment of accession to the WTO. 
An extended transitional period of SPS measures is  unacceptable.  It appears that there is new 
legislation in the pipeline, and that Kazakhstan is retaining its request for a transition, now 
shortened. 
We urge Kazakhstan to keep working to avoid the need to have a transition in this area. We 
seek SPS legislation from Kazakhstan that provides for transparent, science-based regulations on all issues concerning sanitary and Phytosanitary regulations.  WT/ACC/KAZ/63 
 Page 21 
 
 
 Kazakhstan should apply the WTO Agreement on  SPS Measures from the date of accession. 
Please describe the process for assessing the ri sk of imported commodities. Is this risk 
assessment process described and available publicl y?  Are interested parties able to provide 
comments on the risk assessments and are th ose comments, if accepted, addressed in the 
process? 
Answer:  
- Food safety:  
Risk assessment is conducted upon request of the government authorities, including government 
bodies on sanitary-epidemiological control, judicial authorities, public associations, entrepreneurs, 
legal and physical persons. 
Within their authority, the government bodies on sanitary-epidemiological control organize risk 
assessment, i.e. set a task to carry out the research /study on risk assessment with clear indication of 
objectives and missions. 
Risk assessment shall be carried out in accordance with established procedure by the bodies that are 
part of sanitary-epidemiological service (republican  sanitary-epidemiological stations, centres for 
sanitary-epidemiological expertise, republican sci entific-research organizations, conducting activities 
in the sphere of sanitary-epidemiological welfare of  the population, state anti-plague institutions) 
(hereinafter – bodies of sanitary-epidemiological service). 
The bodies of sanitary-epidemiological service submit detailed report on conducted research and 
expert conclusion, which shall be supported with  substantiation of results and recommendations in 
accordance with the targeted objective and missions. 
Government bodies on bodies of sanitary-epidemiol ogical control on the basis of the reports and 
conclusions issue sanitary-epidemiological conclusion. 
Risk assessment shall be carried out  according to the following stages: 
− hazard identification:  (identification of po tential harmful factors, assessment of the 
relationship of the factors in question and de terioration of human health, sufficiency and 
reliability of available information as to wh ether contaminant levels are caused by the 
substances under analysis; form a list of priority  chemical substances that are subject to the 
subsequent description); 
− assessment of "dose-response" dependence: re velation of quantitative relationship between 
data on human health a nd level of expositions; 
− analysis of the influence (expositions) of chemical substances on human: characteristics of 
contaminant sources, routs of movement of contaminants from the sources to human body; pathways and points of influence, determinati on of doses and concentrations; that will have 
impact in the future; identification of e xposition levels for population in the whole and 
individual sub-populations, incl uding supersensitive groups; and 
− characteristics of the risk: analysis of all available data, calculation of risks posed to 
population and its individual sub-groups; compar ison of risks with the tolerance levels, 
comparative analysis and ranging of various risks according to their statistical, medical, 
biological and social significance, identification of medical priorities and those risks that must 
be prevented or reduced to the acceptable level. WT/ACC/KAZ/63 
Page 22  
 
 Interested parties can submit their comments on risk assessment via notification procedures 
established by the WTO Secretariat or the SPS/TBT Enquiry Point. 
- Plant Health:
 
The phytosanitary risk analysis is determined as  the "process of biological and economic scientific 
assessment of a pathogenic organism aimed to determ ine if such an organism should be an object to 
phytosanitary measures, and how strict the phytosan itary measures should be taken against it" in the 
text of International Convention for Plant Protection revised in 1997. 
The risk assessment analy zes the possibility of a pathogenic organism to enter and acclimatize in a 
natural habitat (in Kazakhstan) e xposed to danger, as well as the po tential economic damage for this 
region.  Assessment of the phytosanitary risk reduction allows to select specific phytosanitary 
(quarantine) measures in accordance with the biological features of the quarantined species and the 
ways of its infection and spread.  
The phytosanitary risk analysis in cludes three phases:  preparatory, ph ytosanitary risk assessment, and 
assessment of the phytosanitary risk reduction. 
The preparatory phase includes identification of the pa thogenic organism or determination of its ways 
of spread for which the phytosanitary  risk analysis will be carried out. 
During the second phase (phytosanitary  risk assessment) the pathogenic organism is to be studied 
individually with the purpose of determination of it's conformity with the criteria of quarantine 
species. At this stage an assessment  of a phytosanitary risk of the specific pathogenic organism for the 
territory of Kazakhstan (probability of penetrati on, acclimatization, and potential economic damage) 
is carried out. 
The third phase (assessment of the phytosanitary ri sk reduction) aims at assessing potential of the 
phytosanitary measures to reduce the risk from the specific quarantined pathogenic organism and 
determine the necessary phytosanitary measures.  Phyt osanitary measures are used with the purpose to 
reduce the risk of entry of a pathogenic organism through the pathways revealed in the course of the 
phytosanitary risk assessment. 
For the phytosanitary risk assessment, the authori zed body on plant quarantine invites scientists from 
plants protection research institutes, who jointly with specialists from the Russian Plant Quarantine 
Research Institute, carry out the quarantine measures development on the basis of scientific principles 
of phytosanitary risk assessment taking into acc ount international standards and recommendations. 
This work has been included into  the action plan of the Ministry of Agriculture of Republic of 
Kazakhstan for 2005-2007 under the secti ons on pests, plant diseases and weeds. 
- Animal Health:  
Risk analysis has important place in trade in an imals, processed and raw products originated from 
animal as well as other goods subject to veterinary  control; and as well as in movement of and 
utilization of above mentioned s ubstances which potentially may carry hazard caused by diseases, 
harmful toxic substances threatening the epizootic welfare and food safety. 
The risk assessment is to be undertaken upon requ est of state authorities including central and local 
bodies of the state veterinary services, judicial authorities, and public associations, legal and physical persons.  WT/ACC/KAZ/63 
 Page 23 
 
 
 State veterinary authorities within their co mpetence organize risk assessment and request 
organizations under their supervision (the Stat e Institution "National Ce ntre for Reference, 
Monitoring and Veterinary Diagnosis" with its bran ches, the State Enterprise "Republican Veterinary 
Laboratory" with its branches, republican scientific  research institutions, regional branches of state 
veterinary control on the border and transport and local bodies of state veterinary) to conduct 
research. 
The process of risk analysis includes the following components: 
− Hazard identification - identification of pa thogenic organisms, contaminants and toxic 
elements in products; 
− Risk determination - determination of lik elihood as well as biological and economic 
consequences coming from entry and spread of pathogenic micro-organisms, toxic and harmful substances; 
− Risk management - determination, selection and conduct of measures to be undertaken to 
reduce the risk as well as monitoring and inspec tion as to whether those measures do achieve 
the required  results; and 
− Notification of risk - mutual and periodical ex change of information about risk between the 
experts which carry out the risk assessment and the officers responsible for risk management 
and all other interested parties. 
The analysis of the veterinary and sanitary risk  shall be conducted in accordance with the national 
veterinary legislation taking into  account relevant recommendations of the Terrestrial Code of the 
OIE, and requirements of the SPS Agreement. 
The veterinary bodies upon completion of their r esearch and risk assessment shall submit the reports 
and laboratory expertise.  On the basis of that r esearch the veterinary authority takes actions against 
hazard accordingly. 
Question 14 Does Kazakhstan have a process in place for recognizing the equivalence of other countries' 
food safety systems?  Is this process throug h which public participation can take place? 
Answer:
 
- Food safety:  
The procedure of equivalency recognition is conduc ted upon request of an exporting country through 
bilateral consultations and negati ons.  According to the results of  those meetings, Kazakhstan takes 
the decision on conclusion of a bilateral agreemen t on recognition of sanitary measures of exporting 
countries as equivalent. 
- Animal health:  
In accordance with the paragraph 18 Article 8 of  the Law "On Veterinary" Kazakhstan recognizes 
equivalency of veterinary measures of other countr ies if those measures ensure appropriate level of 
protection established on the territory of Kazakhsta n.  The decision on equivalence recognition is 
under the competence of the state veterinary authorit y and its branches.  If veterinary measures of the 
exporter guarantee the appropriate level of protection of animal and human then they are accepted by 
Kazakhstan on the basis of veterinary certificate wh ich verifies conformity of imported products and 
raw materials of animal origin to the veterinary requirements of Kazakhstan.  The veterinary safety WT/ACC/KAZ/63 
Page 24  
 
 requirements (except those that can be consumed without processing) are reflected in the regulatory 
legal acts in the sphere of veterinary.  These documents are publicly available. 
- Plant Health:
 
In accordance with the Law "On Plant Quarantine" , Kazakhstan shall recogni ze as equivalent the 
phytosanitary systems of other countries if they ensure appropriate level of protection on the territory 
of importer.  
The phytosanitary requirements are set forth in th e regulatory legal acts in the sphere of plant 
quarantine. The public is entitled to put forward pr oposals to the consideration of the authority on 
plant quarantine. 
Question 15 
How SPS rules/regulations estab lished?  Is there a process th rough which public participation 
can take place? 
Answer:  
- Food safety:  
1.  State sanitary epidemiological standardization includes:  
− development of common requirements for s ubstantiation of normative legal acts and 
control for their development; 
− development (modification), expertise, a pproval, and publication of normative legal 
acts; and 
− formation and administration of a single data  bank of regulatory legal acts in the field 
of sanitary epidemiological welfare of population.  
2.  The documents of standardization of the sanitary and epidemiological state system are 
sanitary rules, hygiene normatives, instructions, instructional guidelines and other documents.   
3.  Sanitary rules, hygiene normatives shall be subject to compulsory execution for all physical 
persons and legal entities operating on the terr itory of the Republic of Kazakhstan.  
4.  In the course of development and approval of  regulatory legal acts pertaining to the issues of 
sanitary epidemiological welfare of population, governmental agencies shall agree them with 
the authorized body on sanitary and ep idemiological welfare of population. 
5.  Sanitary rules, hygiene normatives of normativ e-technical nature shall not be subject to state 
registration. 
- Animal health:  
Rules/regulations of SPS measures for animal product s are established by an authorized body in the 
field of veterinary.  Thus, in accordance with items 6, 7 and 19 of Article 8 of the Law of the Republic 
of Kazakhstan "On Veterinary" an authorized bod y in the field of veterinary has the following 
jurisdiction items:   WT/ACC/KAZ/63 
 Page 25 
 
 
 − development and approval of ve terinary measures, veterinary rules and normatives, veterinary 
accounting instruments, other normative legal acts in the order established by the legislation of the Republic of Kazakhstan;  
− implementation of temporary veterinary measures in cases when scientific argumentation of 
exporting country is not sufficient based on th e available proper information, including 
information obtained from Inte rnational organizations; and 
− arrangement of protection of the territory of  the Republic of Kazakhstan from entering and 
spreading of infectious and exotic diseases of animals from other states.  
- Plant Health:
 
Rules/regulations of phytosanitary measures for crop products are established by the authorized body 
in the field of plants quarantine in accordance with Article 7 of the Law of the Republic of 
Kazakhstan "On Plant Quarantine" jurisdiction of which includes:  
− development, approval and agreement of nor mative and instructional guidelines in the 
established order;  
− specification of the List of Items Subject to  Plant Quarantine Measures, to which state 
measures on plants quarantine are established and implemented. 
− arrangement of the protection of the territory of the Republic of Kazakhstan from entering or 
integral permission of quarantine objects from foreign countries or quarantine zones; and 
− conduction of state control for compliance to the law and abidance by rules and 
implementation of measures on plants quarantine on the territory of the Republic.  
It is provided by the draft law of the Republic of Kazakhstan "On private enterprise" which is 
submitted to Mazhilis of the Parliament of Kazakhs tan by the Decree of the Government of the 
Republic of Kazakhstan of 11 August 2005 under No. 827 that participation of the private sector in 
the expertise of regulatory legal acts, affecting th e interests of private entrepreneurship, through the 
councils established under central and local executive bodies is one of the basic of principles of the government regulation.  
The public has the right to make appropriate propo sals for consideration of an authorized body on 
plants quarantine in accordance with aforecited draft.   
WTO members will also have the right to submit proposals and comments through the Enquiry Point 
on TBT and SPS measures.  
Question 16 
Does Kazakhstan have surveillance programs anim al and plant pest/diseases?  If so, what 
pests/diseases? 
Answer:
 
- Plant health:  
To the effect of forecasting or detection of dangerous special blasts/plant diseases the Department of 
phytosanitary control arranges harmful quarantine or ganisms monitoring.  The monitoring of harmful 
quarantine organisms is held directly by the sp ecialists of RGP "Phytosanitary", and by state 
inspectors of regional, city and district territorial administrations on phytosanitary control of the 
Ministry of Agriculture of the Republic of Kazakhstan. WT/ACC/KAZ/63 
Page 26  
 
 Inspections are made for detection of the following blasts/plants diseases:  American white butterfly, 
eastern fir seed moth, Californian parlatoria, Capr idae beetle, Colorado potato beetle, phylloxera, 
coccid Komstok, caryopsis, ragweed, richweed pere nnial, bitterling, nightshade (coracoid), field 
dodders. 
Monitoring program is implementing within th e framework of budget program 004 "Phytosanitary 
Control", sub-program 101 "Detection, Localization and Liquidation of Hotspots Quarantine Blasts, 
Plant Diseases and Weeds".  Annual amount of funding provided for these measures is about KZT 43 million. 
Monitoring regulation is performed by the authori zed body on phytosanitary control (Department of 
phytosanitary control). 
- Animal health:
 
Surveillance program of animals diseases throughout the territory of the Republic of Kazakhstan has 
been established, special veterinary laboratory has b een carrying out the epizootic control to the effect 
of forecasting of arising of dangerous special animal s and birds diseases, as well as for undertaking of 
timely measures on their prevention, localization and liquidation.  
Monitoring program has been implemented with in the framework of budget program 018 "Ensuring 
epizootic welfare" and sub-program 102 "Diagnostics of  animal diseases". Monitoring results are used 
for the development of vaccination strategy on dangerous specific animal and bird diseases and 
compilation of epizootic map and anticipations. 
Inspections are made for detection of the following  animal diseases:  rabies, goat fever, Aujeszki's 
disease, leucosis, leptospirosis, listeriosis, hemorrhagic septicemia, Siberian plague, (except for 
ascolization of raw hide), tuberculosis, foot-and-m outh disease, pox, echinococcosis, paratuberculosis, 
toxpoplasmosis, trychphytia, rikketsial diseases, Franci s disease, vesicular stomatitis (exotic disease), 
epidemic vomiting, rednose, parainfluenza-3, cattle -plague, blackleg, campilobacteriosis, spongiform 
encephalopathy, infectious laryn gotracheitis, Newcastle disease, Ma rek's disease, Gamboro's disease, 
birdpox, parrot disease, respiratory mycoplasmosi s, highly-pathogenic bird influenza, nodular 
dermatitis (exotic disease), clamidiosis (enzootic) sh eep abortion, anaerobic (sheep enterotoxaemia), 
bradsot, infectious epididymitis of stags, contagi ous pustular dermatosis (ecthyma), clamidiosis sheep 
abortion, infectious agalactia of sheep and goats , scrapie, maedi-visna, adenomatosis, bluetongue 
(exotic diseases), plague of small ruminants, infec tious anemia, equinia, influenza, rhinopneumonia, 
infectious encephalomyelitis, African horse sickn ess (exotic disease), epizoo tic lymphangitis, camel 
plague, classical plague, lymphangitis, erysipel as, vesicular disease, T eshen's disease, viral 
transmissible gastroenteritis, African plague (e xotic diseases), viral hemorrhagic  myxomatosis, 
myxomatosis, zoophagous plague, hemorrh agic carp septicemia, opisthorchosis. 
Question 17 
Please describe the organizational framework of you r veterinary regulatory authority, as well as 
relationship between federal authority and the Oblast authorities.  Please describe the same for 
your plant health regulatory authority.  
Answer:  
- Phytosanitary control:  
The structure of state administration system of phytosanitary control includes:   WT/ACC/KAZ/63 
 Page 27 
 
 
 − Authorized state phytosanitary body (P hytosanitary department of MA RK); 
− State quarantine institutions, established by the Decision of the Government of the Republic 
of Kazakhstan: 
 -  Republican, zone and border quarantine laboratories; and 
 -  Introductionary Quarantine Nursery for Cereal Crops. 
− Republican State Enterprise "Phytosanitary"; 
− branches of state inspection on phytosanitary cont rol of oblasts, Astana and Almaty cities of 
the Territorial Departments of MA RK; 
− phytosanitary inspectors of rayon (city)territorial administrations of MA RK; and 
− border checkpoints and posts of phytosanitary control. 
As coordinating authority, Phytosanitary Department  implements its actions in cooperation with other 
structural subdivisions of MA RK, its territorial  bodies and organizations unde r supervision as well as 
regulates the issues regarding phytosanitary control.  
- Animal health:  
The structure of veterinary control includes:  
− Authorized state veterinary body (Veterinary Department MA RK); 
− Zone subdivisions of state veterinary control on the border and transport with veterinary 
inspection posts; and 
− Regional, (capitals, cities of re publican subordination), district territorial subdivisions of an 
authorized state body in the field of veterinary.  
The Veterinary Department implements its actions in combination with other structural subdivisions 
of the Ministry of Agriculture of the Republic of Ka zakhstan, its territorial departments and deals with 
problems of inter-industry coordination and re gulating in the veterinary field.   WT/ACC/KAZ/63 
Page 28  
 
 
Veterinary System of the Republic of Kazakhstan
Ministry of Agriculture, RK
Veterinary Department
South-East 
Administration of State 
Veterinary Supervision 
of Frontier and 
TransportNorth-West 
Administration of State 
Veterinary Supervision 
of Frontier and 
TransportNational Reference Centre for 
Monitoring and Laboratory 
Diagnostics and Veterinary 
Methodology, SENational Veterinary 
Laboratory, RSCENational Anti-
epizootic Group, 
RSCE
Oblast branches Oblast, regional branches Oblast Departments Oblast Departments
Border veterinary check-pointsBorder veterinary check-pointsRayon diagnostic centres
Veterinary divisions of 
governmental bodiesGovernmental 
veterinary organizations 
of local executive 
bodiesLegal entities and 
natural persons engaged 
in business activityVeterinary departments 
of MA RK rayon (city) 
territorial departmentsVeterinary departments of 
MA RK oblast, Astana 
and Almaty cities 
territorial administrations
Veterinary inspectors 
at marketsVeterinary inspectors 
in rural areasBranch in Almaty
-subordinate
- under control
 
Question 18 Question 105:  Will newly introduced restrictions and legislation be open for comment before 
implementation? All draft, prop osed, amended and final SPS and agriculturally related TBT 
regulations, including those for agricultural biot echnology products, should be published in one 
official journal.  Kazakhstan requires earl y publication of notifications on planned 
implementation of a concrete measure for inform ation purposes and to allow sufficient time for 
the submission of comments.  However, per the WTO SPS Agreemen t, notifications shall take 
place at an early stage, when amendments ca n still be introduced and comments taken into 
account. 
Answer:
 
All draft regulatory legal acts, amended and fi nal versions of SPS rules and TBT regulations 
regarding agriculture for studying and comment s before adoption are placed on the web-sites 
www.minagri.kz, www.memst.kz and in periodicals.  Besides, noted above, all normative legal acts 
shall pass through the expertise of e xpert council on entrepreneurship.   
As for notifications which shall be directed on the initia te stage, we inform that to this effect there has 
been elaborated state (national) standard "Rul es and procedures of notifications preparation on 
elaborating (adopting) technical regulations and standards" has been adopted.  It provides for 
submissions of notifications on sanitary and phyto sanitary measures and technical regulations under 
elaboration on the initial stage through the WTO Secr etariat in accordance with rules and procedures 
stated in Annex B of the SPS Agreement, Article 10 of the TBT Agreement, Recommended  WT/ACC/KAZ/63 
 Page 29 
 
 
 Procedures For Implementing the Transparency Ob ligations of The SPS Agreement (Article 7) 
(document G/SPS/7/Rev.2 of 2 April 2002), Deci sions and Recommendations Adopted by the 
Committee Since 1 January 1995 (document G/TBT/1/Rev.7 of 28 November 2000). 
Question 19 
Question 106:  It appears that in order to re ceive permission to import, traders must first 
receive permission from the "Oblast subdivision of the authorized body".  Why are import 
permits handled by the local auth orities?  Does a veterinary certificate to be issued before the 
"authorized body" gives permission to import?  This appears to be an additional barrier to 
imports.  
Answer:  
To obtain permission to import, entrepreneur (trade  company) must apply to Veterinary Department 
(senior veterinary inspector of the oblast) of the Oblast Territorial Division of the Ministry of 
Agriculture of the Republic of Kazakhstan particular ly where the imported goods is expected to be 
placed and used.  That is because that the epizoo tic and veterinary-sanitary  condition is under control 
of the Senior State veterinary Inspector of corresponding oblast and it is also for convenience of 
entrepreneurs.   
On the basis of the information received from OIE a bout epizootic situation of the country-importer, 
Senior State veterinary inspector of the oblast in accordance with Article 16 of the Law of the republic 
of Kazakhstan dated 10 July  2002 No. 339-II "On Veterinary", de termines possibility of import of the 
requested goods (freight), regulates conditions and route of the shipment and issues veterinary-
sanitary requirements to import and transportation of a specific shipment.  
On the grounds of the entrepreneur's application st ate veterinary inspector of the oblast forwards a 
request for import to the authorized  body on veterinary (in this case - Veterinary Department of the 
Ministry of Agriculture of the Republic of Kazakhs tan) taking into account the results of coordination 
on the first stage.  The request for import is to be  reviewed in five days and the positive decision or 
justified refusal is taken and the addr essee is informed by telephone message. 
Thus, to receive permission to import of goods from the authorized body on veterinary prior to receipt 
the veterinary certificate is not necessary.  The i ssuance of the veterinary certificate which confirms 
the implementation of the above-men tioned veterinary-sanitary requir ements of the importing country 
by the trader and State Veterinary Service of the country of the importing country that guarantees veterinary-sanitary safety of the goods takes plac e on the territory of the exporting country upon 
actual importation of goods.  
Three forms of veterinary certificates are approved:  No. 1 – for animals; No. 2 – for food and animal 
origin produce; No. 3 – for technical produce of anim al origin, and also fodder and fodder additives.  
In accordance with this, during importation of goods at  frontier point the frontier point state veterinary 
inspector, instead of veterinary certificate of the ex porting country, issues a veterinary document valid 
only on the territory  of Kazakhstan, since only a certification document of recognized from in the 
State and Russian languages is valid on the territory of Kazakhstan.  In the course of exportation from 
Kazakhstan, down to the state borer, the goods are accompanied by the certification document of one 
of the above-mentioned-forms which during passing the border checkpoint is replaced by veterinary 
certificate valid outside Kazakhstan (excluding the go ods transported to the territory of CIS countries 
– members of intergovernmental agreement on veterinary).  WT/ACC/KAZ/63 
Page 30  
 
 Question 20 
What is the purpose of the local veterinary insp ector reissuing the vet certificate to replace the 
foreign certificate? What means are in place to ensure foreign product is then not relabelled as 
Kazakhstan product? 
Answer:
 
According to Rules of veterinary documents issued by veterinary inspectors approved by the Order of 
the Minister of Agriculture of the Republic of  Kazakhstan No. 372 dated 15 November 2002, the only 
(internal) veterinary certificate is valid fo r applying on the territory of Kazakhstan.  
To prevent the spread of infectious diseases of an imals and mutual protection against epizootics, and 
also reasoning from interests of successful devel opment of economic and tr ade connections among 
countries on 12 March 2003 the States-Heads of ve terinary services of CIS countries signed the 
Agreement of Cooperation in the Veterinary Field (furthering referred to as Agreement). 
Article 14 of the Agreement says that upon importati on of goods subject to state inspection, Parties 
use the same veterinary requirements and veterinary certificates.  
The main reason of replacement of the foreign certificate by the internal veterinary certificate is the 
fact that a cargo arriving to the border or point of destination is accompanied by the certificate in the 
language if the exporting country. 
The procedure of the replacement of foreign vet cer tificate is described in Article 7.5 of the Common 
Rules of State Veterinary Inspection of Internati onal and Interstate Trans portation of animal cargoes 
(approved by Intergovernmental C ouncil for Cooperation in Veterinary Sector of CIS countries dated 
5 November 2003 signed in Kiev), which says that re gistration of veterinary certificate in exchange 
for foreign certificate is carried out only on the cond itions that the freight is undergone full veterinary 
inspection and customs clearance. In the veterinary cer tificate issued by state veterinary inspector of 
border checkpoint there shall be indicated the number a nd date of permit of Senior State Inspector of a 
CIS country for importing the cargo under control and the order of its sale or special instructions 
about the conditions of its usage is mentioned as we ll since during transportation within the country 
the good can change its characteristics. 
Besides, Instructions about Issuance of veteri nary documents for goods under control of State 
veterinary inspection (approved by Intergovernmental  Council for Cooperation in veterinary sector of 
CIS countries dated 22 October 1998 in Tashkent) it is  mentioned that for the goods imported into the 
country veterinary inspectors on the border issu e veterinary certificates replacing veterinary 
certificates of the exporting country.  
Further as the imported goods are delivered to the point  of destination, they are under control of state 
inspector of the territory for the period of their intended use (sale, processing), and that is why the 
replacement of the label, marking, packaging of  the foreign goods by Kazakh ones is excluded.  
During export from Kazakhstan, upon arrival to the border, the goods are accompanied by (internal) 
veterinary certificate which after passing the border point of veterinary control is replaced by the 
veterinary certificate of the recognized form in the English, State and Russian languages, which is 
valid outside the territory of Kazakhstan.  
The procedure of replacement of foreign vet certifi cate by Kazakhstan vet certificate is free of charge 
and does not present an obstacle to international trade.  WT/ACC/KAZ/63 
 Page 31 
 
 
 Question 21 
Regarding harmonization, specifically what kind of technical assistance is requested? 
Answer:  
Kazakhstan requests technical assistance for bri nging the existing system on veterinary and 
phytosanitary control to compliance with internati onal requirements and also assistance for renewal of 
material resources of laboratories and staff training.   
Besides assistance in translating international nor ms on product safety into the Russian language is 
needed.  
Question 22 
Concerning the Action Plan for SPS Impl ementation, WT/ACC/KAZ/61:  We thank 
Kazakhstan for its additional information on implementing the provisions of the WTO 
agreement on SPS. 
We are pleased to understand that an enquiry point exists. Could you indicate where it is and if 
it is operational? 
Answer:  
The SPS/TBT Single Enquiry point has been functioni ng since January 2005 and it is located at the 
following address: 
104/1 Auezova street 
473000, Astana Republic of Kazakhstan  
Tel.:   +7 3172 320641 
Fax:  +7 3172 323275 
e-mail:  inform@memst.kz; int_rel@memst.kz 
The corresponding notification about the Enquiry Point forwarded to the WTO Secretariat in 
February 2004 is contained in the docume nt G/SPS/ENQ/18/Add.1 dated 3 March 2005. 
Question 23 
What are priority products referred to in Roma n II? Are these products for export? Are they 
products that they are concerned about domestically? 
Answer:
 
In accordance with the Action Plan in 2005, multifunctional reference-laboratory at Republic 
Sanitary-Epidemiologic station has been established.  To this end, 38 units of laboratory equipment 
were purchased.  The new laboratory equipment was purchased not on the principle of priority of 
products but for analysis of the whole range of food products.  With this regard, this issue is no longer 
critical for Kazakhstan.  WT/ACC/KAZ/63 
Page 32  
 
 Question 24 
Roman numeral II4 describes development of new standard and norms in the next few years. 
Does this include the adoption of internationally accepted (OIE, IIPC, Codex) standards or norms.  Any standards and norms developed that  are more restrictive than  those internationally 
accepted ones must have scientific justification.   Regional standards and norms, e.g., those 
developed by the EU, are not always WTO consistent.  
Answer:
 
New standards shall be elaborated in accordance w ith requirements of international standards and 
provisions (OIE, IPPC, Codex).  The scientific justif ication is the main requirement in the course of 
development of the new standards.   
In accordance with State program of developm ent and reformation of Healthcare System for 
2005-2010, the standards must comply with the WTO provisions.  
_______________ 
 
  
  WT/ACC/KAZ/63
 Page 33ANNEX 
 
Product Certification Schemes (Modules)  
 
No of the 
scheme Conformity 
recognition 
methods Production 
Examination Inspection Control Certificate 
validity 
period 
(maximum) Quality Mark 
Marking Scheme (Module) Application Area 
I II III IV V VI VII 
1  Product tests - - 6 months  No marking Scheme 1 shall be applied for a limited, preliminary 
agreed volume of product sales 
2  Product tests Examination of a 
production condition Testing samples taken 
from the seller  Examination of a 
production condition 12 months All products shall 
be marked  Scheme 2 shall be applied for certification of 
products supplied by long-term contracts or constantly supplied products of mass production by 
separate contracts 
3  Product tests Examination of a 
production condition Testing samples taken 
from the manufacturer Examination of a 
production condition 12 months All products shall 
be marked Scheme 3 shall be applied for certification of 
products of mass production, stability of which makes no doubt 
4  Product tests Examination of a 
production condition Testing samples taken 
from the seller.  Testing samples taken from the 
manufacturer. 
 Examination of a 
production condition. 18 months All products of 
this type shall be marked Scheme 4 shall be applied when it is necessary to 
make a thorough and strict control over the stability of a product characteristics. 
5  Product tests Certification of a 
production or quality 
management 
system  Testing samples * taken 
from the seller.  
Testing samples taken 
from the manufacturer. 
 
Control of a production (quality management 
system)**  36 months All products shall 
be marked  Schemes 5-6 are recommended to apply for 
certification of products, for which:  
- a real sampling volume is insufficient for an 
objective evaluation of products manufactured; 
- technology processes are sensitive to external 
factors; 
- high requirements established to the stability of 
a product characteristics; 
- product shelf-life is less than the time necessary 
to organize and carry out the tests; 
- frequent change of product modifications; 
- a product can be tested only after installation by 
the end consumer.  
 WT/ACC/KAZ/63 
Page 34 No of the 
scheme Conformity 
recognition 
methods Production 
Examination Inspection Control Certificate 
validity 
period 
(maximum) Quality Mark 
Marking Scheme (Module) Application Area 
I II III IV V VI VII 
6  Product tests Quality 
management 
system certification  Quality management 
system** control 36 months No marking Scheme 6 is applied for certification of a product for 
which: 
 - a real sampling volume is insufficient for an 
objective evaluation of products manufactured; 
- technology processes are sensitive to external 
factors; 
- high requirements established to the stability of 
a product characteristics; 
- product shelf-life is less than the time necessary 
to organize and carry out the tests; 
- frequent change of product modifications; and 
-  a product can be tested only after installation by 
the end consumer. 
 
Scheme 6 does not provide for the certification of the 
end product and is recommended for certification of component parts. 
7  Consignment tests   Consignment 
sale period  No marking Scheme 7 shall be applied when production and sale 
of a product is one-time (a consignment, single 
items). 
8  Each product tests   Not fixed Each product shall 
be marked. Scheme 8 shall be applied when production and sale 
of specific product is one-time (a consignment, 
single items). 
9  Considering an 
application on 
conformity with 
attached documents    Product 
expiration 
period, but 
not exceeding 12 months  No marking It is recommended to apply the scheme 9 for 
imported products in the following cases: 
 
- when products are imported for internal needs 
and production (spare parts, associated products, 
raw materials and semi-manufactured products, 
technological equipment, devices and instruments for production, installation 
equipment, etc); and 
- when products are imported for sale by other  
enterprises and in the absence of the test 
laboratories in the region.  
  WT/ACC/KAZ/63
 Page 35No of the 
scheme Conformity 
recognition 
methods Production 
Examination Inspection Control Certificate 
validity 
period 
(maximum) Quality Mark 
Marking Scheme (Module) Application Area 
I II III IV V VI VII 
10  Considering an 
application on 
conformity with  attached 
documents  Examination  12 months  No marking Scheme 10 shall be applied for certification of 
products made by local manufacturers when the 
production is irregular or if it is long production with small volumes of output. 
 
Notes:  
 1. Certification schemes 1-6 and 10 shall be applied for certification of products of mass production, and schemes 7-9, for cer tification of products already manufactured. 
2. It is not allowed to apply schemes 9 and 10 for certification of the following groups of homogeneous products:  baby food pr oducts, toys, car gasoline (petrol), 
medicines; hazardous production objects. 
 
__________