RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/64 
16 November 2005 
 
 (05-5363) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Check-list of Illustrative Sanitary and Phytosanitary (SPS) Issues:   
Consistency of Acting Kazakh Legi slation with the Norms of the  
WTO Agreement on the Application of SPS Measures  
  
 The following submission, dated 10 November 2005,  is being circulated at the request of the 
Delegation of the Republic of Kazakhstan. 
 
 
_______________ 
  
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1. (Generally agreed principle in WTO 
accession negotiations.)   Standstill: the 
introduction of new standards, animal 
health regulations and food safety 
regulations shall conform to SPS 
Agreement principles. The Republic of Kazakhstan does adhere to the "stand-still" princi ple in the course of negotiation process of WTO accession. In  particular, the 
work within the Action Plan for harmonizati on of the national legislation of the Republ ic of Kazakhstan on sanitary and epidemi ological safety, 
veterinary, and plant quarantine with the provisions of the SPS Agreement on for 2004- 2006 ensures fulfilment of the "stand-sti ll" principle. The 
relevant international standard s and recommendations are being ta ken as a basis for elaboration of all standards and regulation s that have been 
newly adopted by Kazakhstan in the sphere of SPS measures.  
2. Establishment and operation of a single 
Contact Point for Information ("enquiry 
point"). Single SPS/TBT Enquiry Point has been established and functions si nce January 2005.  Th e address of the Enquiry Point is the fo llowing: 
 
104/1, Auezov street 
010000 Astana 
Republic of Kazakhstan 
 
Tel.: +7 (3172) 320641 
Fax: +7 3172 323275 
 
email:  inform@memst.kz ; int_rel@memst.kz  
web-site: www.memst.kz   
 
The corresponding notification and in formation on establishment of the Single SPS/TB T Enquiry Point were submitted to the WTO S ecretariat in 
due time, which are presented in the documents WT/ АСС /KAZ/52 of 7 September 2004 and G/S PS/ENQ/18/Add.1 of 3 March 2005. 
3.  (Articles 7 and Annex B, Also 
G/SPS/7.)  Transparency:  notification 
and access to documentation: Under Article 8(12) of the Law "On Plant Quarantine" and Article 7( 2) of the Law "On Veterinary", the authorized governmental b odies of the 
Republic of Kazakhstan on veterinary and plan t quarantine shall also organize and provi de particulars to al l interested parties  on veterinary 
activities, acting veterinary rules and norms,  and other normative acts of the Republic of Kazakhstan on veterinary.        
 
To ensure the adequate level of transparency, all adopted vete rinary and quarantine rules are publ ished promptly on the web-sit e of the Ministry 
of Agriculture of the Republic of Kazakhstan ( www.minagri.kz ).   
 
The site allows access to all documents relating to rules, norms and other normative acts on veterinary and plant quarantine in  such a manner as 
to enable interested parties to become acquainted with them.   
Additionally, all interested parties may have access to the monthl y information bulletin "Agro-In form" containing the texts of all adopted 
normative acts on veterinary, plant quarantine and featuring a special FAQ section.   
 
All legislation and normative acts  on sanitary and epidemiological welfare are publ ished on the web-site of the Ministry of Hea lthcare of the 
Republic of Kazakhstan www.dari.kz/doc/minzdra v/pravo/pravo.html  
The system of the state sanitary and epidem iological control of the Republic of Kazakhs tan includes the required database compr ising more than 
20 programs of the automated management system (AMS). The databa se is regularly updated with the information submitted by regio nal 
branches.  Also the Ministry of Healthcare of the Republic of  Kazakhstan publishes a monthly bul letin "Environment and Health" that contains 
data on the sanitary and epidemiol ogical conditions in the country.    
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 (a) identification of authority 
responsible for making 
notifications to the WTO and 
ensuring transparency obligations 
are met on an ongoing basis 
(Annex B.5.(b) and Annex B.10);  Under the Law of the Republic of Kazakhstan the Law of the Republic of Kazakhstan "On Sanitary and Epidemiological Welfare", th e Ministry 
of Health of the Republic of Kazakhstan is  a single competent  central government au thority responsible for healthcare issues a nd an agency of 
the Republic of Kazakhstan responsible for the preparation to international organizations. 
 
Under the Law of the Republic of Kazakhstan "On Plant Quarantine" , the Ministry of Agriculture of the Republic of Kazakhstan (D epartment on 
Plant Protection and Quarantine) shall be re sponsible for the preparation to internat ional organizations and for the observance  of obligations on 
transparency.   
 Under the Law of the Republic of Kazakhstan "On Veterinary", the Ministry of Agricultu re of the Republic of Kazakhstan (Departm ent on 
Veterinary) is a single competent central government authority res ponsible for veterinary issues and an agency of the Republic of Kazakhstan 
responsible for the preparation to international organizations. 
 
The Ministry of Industry and Trade of the Republic of Kazakhstan is the central body responsible for prepar ation and submission  of notification 
to the WTO Secretariat.   
 (b) establish guidance or law 
requiring publication of proposed 
measures at an early stage for 
comment (Annex B.5(a)); To ensure uniformity in the implementation of  obligations set forth in Paragraphs 3 and 10 of Annex B of the WTO Agreement on S PS and the 
WTO Agreement on Technical Barriers to Trade in the framework of  the operations of the WTO Enquiry Point on SPS/TBT, the Republ ic of 
Kazakhstan has developed a single Standard of the Republic of Ka zakhstan entitled the "Rules and Procedures for Preparation of Notifications on 
Developed (Adopted) Techni cal Regulations and Standards" (her eafter – the Standard) based on the rules and procedures on TBT an d SPS 
established by the relevant WTO Committees. The Standard establishes rules and procedures for the preparation of WTO notificati ons on 
developed (adopted) technical regulations and sta ndards including the relevant work programs.   
 
Provisions set forth in Subparagraph 7.1 of Paragraph 7 of this St andard ensure that measures proposed in the framework of the WTO 
Agreements on TBT and SPS shall be published by the authorized body on standardization, metrol ogy and certification (TBT/SPS En quiry Point) 
in official publications or placed on the web-site in such a fo rm as was submitted by the information services of public admini stration bodies 
and/or developing organizations. 
 
According to Subparagraph 6.1.4 of Paragraph 6.1 of Article 6 of  this Standard, where copies of draft technical and SPS regulat ions are requested 
by interested Members, they shall be supplied by the TB T/SPS Enquiry Point within a period of 15 business days. 
 (c) provision in law or administrative 
procedure to provide copies of 
proposed measures to WTO 
Members (Annex B.5.(c)); and According to the sub-paragraph 6.1.4 paragraph 6.1 of the Sta ndard, WTO Members shall submit their comments on draft technical and SPS 
regulations of the Republic  of Kazakhstan to the TBT/SPS Enquiry Point, where they shall be translated into the Russian languag e and forwarded 
together with the copy of the original to the relevant governme ntal body and/or developer of th e specific technical or SPS regu lation. 
 (d) require in law or administrative 
procedure, a reasonable period of 
time for comment from Members 
and the public, and establishment 
of a process to take comments 
into account without 
discrimination (Annex B.5(d)). Under Subparagraph 6.1.5 of Paragraph 6 of  the Standard, Members shall submit thei r comments on draft t echnical and SPS regulat ions of the 
Republic of Kazakhstan to the TBT/SPS Enquiry Point, where they sh all be translated into the Russian language and forwarded tog ether with the 
copy of the original to the relevant governmental body and/or developer of the specific technical regulation. 
 
The Republic of Kazakhstan allows reasonabl e time for Members to make comments on a pr oposed technical or SPS regulation, which  shall not 
be less than 60 calendar days between the notification on a proposed technical regulation and its entry into force.    
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4. Article 2.2.  Necessity: measures are 
applied only to the extent necessary to 
protect human, animal  or plant health. 
 According to Articles 24 and 25 of the Law of 
the Republic of Kazakhstan No. 361-II of 
4 December 2002 "On Sanitary and 
Epidemiological Welfare" (hereafter – the 
Law), the sanitary protection of the territory 
of the Republic of Kazakhstan shall prevent 
the entry and spread of infectious, parasitic 
diseases and poisonings.   
According to the provisions set forth in its 
Preamble and Article 1(24), the Law 
establishes legal, economic, and social 
conditions of sanitary and epidemiological 
welfare, i.e. of human health, the observance 
of which shall prevent any adverse effects of 
environmental factors and secure a favourable 
environment for human  activities.   
 
  Under Article 3 of the Law of the Republic of 
Kazakhstan No. 339-II "On Veterinary" of 
10 July 2002 (hereafter – the Law), the main 
purpose of veterinary measures is: 
 
1)  to protect animals from diseases and 
ensure their adequate treatment;  
2)  to protect human health from 
anthropozoonoses;  
3)  to check and ensure veterinary and 
sanitary safety of products under 
control of the state veterinary service; 
4)  to protect the Republic of Kazakhstan 
from the entry and spread of infectious 
and exotic diseases carried by animals 
imported from other countries. 
5)  to control the quality of veterinary 
drugs;  
6)  to develop and implement measures 
and procedures to control diseases 
carried by animals and to check and 
ensure the quality of products and raw 
materials of animal origin;   
7)  to prevent and liquidate environmental 
pollution resulting from activities of 
natural persons and legal entities in the 
sphere of veterinary; and 
8)  to stimulate the development of 
veterinary science and operate training 
and advanced training programs for 
veterinary experts.   
 
Provisions set forth in Paragraphs 2 and 3 of 
Article 20 of the Law ensures that products 
originating in other countries and under 
control of the state veterinary service may be 
imported to or transited across the territory of 
the Republic of Kazakhstan whenever 
epizootic conditions in the territory of their 
origin achieve the Kazakhstan’s appropriate 
level and if the import or transit procedures Under Article 3 of the Law of the Republic of 
Kazakhstan No. 344-1 "On Plant Quarantine" 
of 11 February 1999 (hereafter – the Law), the 
main purpose of plant quarantine is: 
 
1)  to protect the territory of Kazakhstan 
from importation or independent entry 
of quarantine objects from foreign countries or quarantine zones; 
2)  to expose, localize and liquidate 
quarantine objects, and to prevent their 
penetration into pest- or disease-free 
areas; and 
3)  to implement mechanisms of state 
control to enforce the acting legislation 
and rules on plant quarantine and 
ensure the required volume of activities 
under plant quarantine programs in the 
Republic of Kazakhstan. 
 
Also, Article 1(6) of the Law defines "plant 
quarantine (phytosanitary protection)" as a 
form of treatment base d on a system of public 
programs to protect plan ts of the Republic of 
Kazakhstan and products thereof from 
importation or independent entry of 
quarantine objects from other countries or 
quarantine zones of the Republic of 
Kazakhstan, or, when already established, to 
localize and eradicate infection focuses. 
 
Subparagraph 6 of Article 1 of the Law "On 
Plants Quarantine" provides that "plants 
quarantine (phytosanitary protection) is a 
legal regime providing for a system of state measures aiming to protect the plant resources 
of Kazakhstan and plant products against 
import and invasion of quarantined objects 
from other states as well as from the local 
quarantine zones, and to  isolate and eliminate 
nidi of their spread.  
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comply with the veterina ry and sanitary rules 
of the authorized state body of the Republic of 
Kazakhstan on veterinary. Animals and 
products thereof subject to control of the state 
veterinary service may be imported to, 
exported from or transited across the territory 
of the Republic of Kazakhstan on the basis of 
available pertinent information on epizootic conditions in the territory of their origin and 
shall be authorized by the Senior Government 
Inspector of the Republic of Kazakhstan on 
Veterinary or by his Deputies. Provisions of 
Article 27 (1) of the Law ensure that 
whenever instances of infectious diseases 
carried by animals are registered in a specific 
area, the local executive body may introduce 
restrictive measures or quarantine treatment 
within its territory on the basis of information 
submitted by the Senior Government 
Inspector on Veterinary. 
 
Article 1.7 as well as Article 3 of the Law 
"On Veterinary" has lega l provisions directly 
stating that veterinary measures shall only be 
applied to protect the human and animal life 
and health.  Besides, subparagraph 1 of  Article 4 stipulates 
that one of the principles of plant quarantine 
state measures is: "1) protection of vegetation 
resources and vegetation products from 
damage and destruction by quarantined 
objects with the purpose to support the food 
and material national security." 
 Thus, quarantine meas ures shall only be 
applied to protect pl ants and may not be 
applied for any other purposes. 
 
5.  Articles 2.2, 3.3, and 5.2.  Regulations 
Based on Science: regulations 
governing animal and plant health and 
food safety shall be based on scientific 
evidence. The obligations set forth in Articles 2.2, 3.3 
and 5.2 of the SPS Agreement are covered by 
the following legal norms of the Law: 
 1.  The legal norm in Article 3 stipulates 
that measures operating to ensure the 
sanitary and epidemiological welfare 
shall be based on scientific principles 
and incorporate available practical 
evidence. 
 2.  Under Article 2 of the Law, whenever 
the international agreements ratified by 
the Republic of Kazakhstan establish 
other rules than thos e contained in this 
Law, the rules established under the The obligations set forth in Articles 2.2, 3.3, 
and 5.2 of the SPS Agreement are reflected in 
the following legal norms of the Law: 
 According to Subparagraph 3) of Article 1, 
the term "veterinary" shall apply to special 
scientific knowledge a nd practical activities 
focused on the study of diseases and 
alimentary intoxications of animals, methods 
of their prevention, diagnostics, treatment and 
eradication; on the observance of compliance 
of products under control of the state 
veterinary service with the requirements 
established under the veterinary legislation of 
the Republic of Kazakhstan and on the Under Article 4 of the Law, state measures on 
plant quarantine in the Republic of 
Kazakhstan shall be im plemented based on 
the following principles:   
-  based on scientific principles and 
incorporating scientific evidence of the 
potential for adverse effects of 
quarantine objects on plant resources 
and products of plant origin, and 
elimination of all revealed injurious 
factors;  
 -  international cooperation on plant 
quarantine under provisions of 
corresponding agreements (treaties)   
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international agreements shall prevail. 
3.  Provisions of Article 15 stipulate that 
the operation of the sanitary and 
epidemiological service shall extend to 
the development of uniform 
requirements for the justification of 
normative acts.   protection of human life and health from 
anthropozoonoses.  
 
Also, Subparagraph 8) of Article 3 of the Law 
stipulates that, inter alia , veterinary activities 
shall be aimed at the further development of 
veterinary knowledge and training of 
veterinary experts.       
According to Sub-paragraphs 5), 6), and 7) of 
Article 4 of the Law, national veterinary 
policies shall embrace the following 
objectives:   
 
- to develop veterinary rules and norms 
based on scientific principles and 
taking into account international 
veterinary norms and available 
scientific evidence for an objective 
assessment of epizootic conditions;   
- to achieve a higher level of veterinary 
protection than would be achieved by 
measures based on the relevant 
international recommendations, if there 
is a scientific justification. Under Paragraph 1(8) of Article 7 of the Law, 
quarantine measures shall be developed by the 
phytosanitary service in collaboration with 
research organizations based on scientific 
principles of assessment of phytosanitary risks 
covered by international norms and 
guidelines. Also, the phytosanitary service 
shall enforce compliance of natural persons and legal entities of all forms of ownership 
with the acting measures.  
6.  Article 3.1 and 3.3:  Harmonization: to 
the extent possible, members shall 
follow international standards, 
guidelines, and recommendations in 
establishing SPS measures. To bring the legislation of Kazakhstan into 
conformity with the SPS Agreement, Ministry 
of Health of the Republic of Kazakhstan has 
developed a draft Law of the Republic of 
Kazakhstan "On Amendm ents and Addenda 
to the Law of the Republic of Kazakhstan "On 
Sanitary and Epidemiological Welfare" 
(hereinafter referred to as the Draft Law) 
 
The Draft Law provides for introduction of 
the following norms: 
 
Article 15 
 
1. The state sanitary and epidemiological 
norms system includes the following: According to Subparagraphs 5) of Article 4 of 
the Law, the national veterinary policies shall 
be targeted at the development of veterinary 
rules and norms based on scientific principles 
and taking into account international veterinary norms and available scientific 
evidence for an objective assessment of 
epizootic conditions.   Under Paragraph 1(8) of Article 7 of the Law, 
quarantine measures shall be developed by the 
phytosanitary service in collaboration with 
research organizations based on scientific 
principles of assessment of phytosanitary risks covered by international norms and 
guidelines. Also, the phytosanitary service 
shall enforce compliance of natural persons 
and legal entities of all forms of ownership 
with the acting measures.  
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-  harmonization of documents of the 
state sanitary epid emiological norms 
system with international requirements. 
Article 3.4:  Members shall play a full part, within the limits of their resources, in the 
relevant international organizations and their 
subsidiary bodies, in particular the Codex 
Alimentarius Commission, the International 
Office of Epizootics, and the international and 
regional organizations operating within the 
framework of the International Plant 
Protection Convention.  As a Member of the World Health 
Organization (hereafter – the WHO), the 
Republic of Kazakhstan in collaboration with 
other relevant intern ational organizations 
takes a full part in a joint effort to coordinate 
procedures in the sphere of food safety 
operated at the level of countries, participants 
in the development of the WHO global 
strategy on food safety, and specific regional 
consumers.  
 
Jointly with the WHO, the Food and 
Agriculture Organization of the United 
Nations (FAO), the Codex Alimentarius 
Commission and other relevant international 
organizations, the Republic of Kazakhstan has 
organized and run 2-year training courses for 
governmental inspectors and businessmen on 
the acting food legislation and methods of 
laboratory control of nutritional diseases 
under the auspices of the Institute of  Public 
Health of the Republic of Kazakhstan.  Since 1993 the Republic of Kazakhstan is a 
member of the International Office of 
Epizootics. (please note that the OIE has 
officially changed its name to "World Animal 
Health Organization (OIE).  As a Member, 
Kazakhstan has access to international 
veterinary information and, in turn, provides 
the International Office of Epizootics and 
other Members with all pertinent information 
on veterinary and sanita ry conditions in the 
Republic of Kazakhstan. 
 
According to Sub-paragraph 6) of Article 5 of 
the Law, the Government of the Republic of 
Kazakhstan shall cooperate with other 
countries and the rele vant international 
veterinary organizations. Consequently, under 
Subparagraph 17) of Article 8 of the Law, the 
authorized state body of the Republic of 
Kazakhstan on veterinary shall represent the 
Republic of Kazakhstan in the international 
organizations on specific veterinary issues 
following procedures established under the 
laws of the Republic of Kazakhstan and 
develop ongoing cooperation mechanisms.  Under Sub-paragraph 10 of Paragraph 1 of 
Article 7 of the Law, the authorized body 
shall represent the interests of the Republic of 
Kazakhstan in international organizations 
with regard to issues relating to plant 
quarantine. Also, provisions set forth in 
Article 19 of the Law stipulate that the 
Republic of Kazakhstan shall participate in 
international cooperation on plant quarantine 
based on the principles of mutual protection 
from the entry and spread of quarantine 
objects. 
 
At present, the Republ ic of Kazakhstan has 
accessed to the European and Mediterranean 
Plant Protection Organization (EPPO) 
operating within the framework of the 
International Plant Protection Convention. 
(Resolutions of the Government of the 
Republic of Kazakhstan No. 263 of 
3 March 2004). 
 
Also Kazakhstan is taking steps to ratify the 
International Plant Protection Convention. 
Following its ratification of the International 
Plant Protection Convention, the Republic of 
Kazakhstan will notify the WTO Committee on Sanitary and Phytosanitary Measures 
accordingly.  
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7.  Article 4:  Equivalence:  members shall 
recognize different  measures that 
achieve the same le vel of protection. 
 
Members shall, upon request, enter into 
consultations with the aim of achieving 
bilateral and multilateral agreements on 
recognition of the equivalence of specified sanitary or phytosanitary measures. 
  Under the Draft Law the competence of 
authorized body in the sphere of sanitary and 
epidemiological welfare includes recognition 
of sanitary and epidemio logical measures  of 
other countries as e quivalent if those 
measures ensure appropriate level of sanitary 
and epidemiological welfare on the territory 
of a country (paragraph 33 Article 7 – new).  
 Article 8 of the Law has recently been 
supplemented with the new sub-paragraph 
which reads as follows: 
 
The competence of authorized body in the 
sphere of veterinary and its local branches 
includes: 
  18) recognition of veterinary and 
sanitary measures of other countries as 
equivalent if they ensure appropriate 
level of protection on the territory of a 
country. According to Article 13(2) of the Law of the 
Republic of Kazakhstan,  quarantine measures 
of other countries shall be recognized as 
equivalent, where they achieve the level of 
phytosanitary protection of the Republic of 
Kazakhstan".  Also, according to Article 21 of 
the Law, "whenever the international 
agreements ratified by the Republic of Kazakhstan establish other rules than those 
contained in this Law, the rules established 
under the international agreements shall 
prevail". 
8.  Articles 5.1, 5.2., and 5.3:  Risk 
Assessment: developing scientific 
evidence and conducting risk 
assessments to ensure that measures are 
based on science and applied only to 
the extent necessary to protect health. In accordance with the Draft Law envisages 
the following amendments: 
 
1.  Article 7 of the Law with sub-
paragraph 32):  
 
 Authorized body in the sphere of 
sanitary and epidemiological welfare: 
 
 32) establishes procedures of risk 
assessment taking into account 
internationally accepted methods of 
risk assessment; 
 
2.  Article 7-1 with sub-paragraph 14): 
 
 Local branches of the authorized body 
in the sphere of sanitary and 
epidemiological welfare: 
 
 14) organize conduction of risk 
assessment; 
 
3.  Article 8 with sub-paragraph 24): 
 
 Local executive bodies of oblasts  
(cities of Republi can importance, 
capital): The suggested addenda to the Law "On 
Veterinary" are being accepted and are 
incorporated into Article 8 of the Law as 
follows:  
 
 "21) development and acceptation of 
veterinary norms based on sufficient 
scientific evidence and taking into 
account the consequences for the 
human and animal life and health, as 
well as the relevant international 
requirements". Under Article 4(3) of th e Law, state measures 
on plant quarantine applied in the Republic of 
Kazakhstan shall be based on the principle of 
"evaluation performed on scientific principles 
and incorporating scientific evidence of the 
potential for adverse effects of quarantine 
objects on plant resources and products of 
plant origin, and elimination of all uncovered 
injurious factors".   
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 24) within their competence organize 
conduction of risk assessment; 
 
4.  Para. 1 Article 9 with sub-paragraph 
13):  
 
 Republican Sanitary Epidemiological 
Station: 
 
 13) conduct risk assessment;    
 
5.  Para. 2 Article 9 with sub-paragraph 9): 
 
 State body conducting sanitary 
epidemiological expertise on the State 
border of the Republic of Kazakhstan, 
on the territories, transport; and state 
body conducting sanitary and 
epidemiological expertise in the course 
of  official events with participation of 
the officials within their competence: 
 
 9) conduct risk assessment;        
 
6.   Para. 3 Article 9 with sub-paragraph 9): 
 
 Republican scientific research 
institutions working in the sphere of 
sanitary and epidemiological welfare: 
 
 9) conduct risk assessment;  
 
7.   Para. 4 Article 9 with sub-paragraph 6): 
 
 State anti-plague institutions: 
 
 6) conduct risk assessment.   
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9.  Article 6 and An nexes A.6 and A.7.  
Regional conditions: m easures take into 
account the regional characteristics 
both of the areas from which products 
originate and the areas for which they 
are destined. 
 In accordance with the Draft Law, Article 7 is 
envisaged to supplement with the new 
sub-paragraph 34) which reads as follows: 
 
Authorized body in the sphere of sanitary and 
epidemiological welfare: 
 
 34) shall determine specific territories 
or part thereof, free of diseases or areas 
of low pest or disease prevalence. The suggested addenda to the Law "On 
Veterinary" are being accepted and will be 
incorporated into paragraph 20 of Article 8 of 
the Law as follows:  
 
 "20) defining areas or their parts as 
pest- or disease-free areas and areas of 
low pest or disease prevalence, to control goods exported from such 
areas, provide the importing country 
with the confirmation and grant access 
to its representatives for inspection of 
such areas". Under Paragraph 1(5) of Article 7 of the Law, 
the authorized state body on plant quarantine 
shall "perform quarantine inspection, 
laboratory testing and phytosanitary 
certification of imported or exported 
quarantinable products based on the 
phytosanitary characteristics of the area and 
place of its origin, and its destination point".  
The suggested addenda to the laws are being 
accepted. It is necessary  to make addenda to 
subparagraph 5 of paragraph 1 of Article 7 of 
the Law, providing that the authorized body 
"5) shall make quarantine inspection, 
laboratory examination, and phytosanitary 
certification of imported and exported 
quarantined products taking into account the 
phytosanitary characteristics of the territory 
and place of origin as we ll as pest- or disease-
free areas and areas of low pest or disease 
prevalence". 
10.  Article 2.3, and Annex C.1(a) and (d).  
Non-discrimination:  measures do not 
arbitrarily or unjustifiably discriminate 
between different members or between 
domestic and foreign suppliers. Without discrimination, sanitary and 
epidemiological requirements apply in no less 
favourable manner to imported products than 
to like domestic pr oducts.  Thus, the 
Resolution of the Ministry of Health of the 
Republic of Kazakhstan No. 841 of 
14 November 2003 "On Adoption of Rules 
for Sanitary and Epidemiological Inspection" 
stipulates that the same requirements for sanitary and epidemiological inspection shall 
apply both to domestic and imported products. 
 
Articles 18 and 19 of the Law establish norms 
for rights and responsibilities of natural 
persons and legal entities relating to sanitary 
and epidemiological welfare and acting as a 
fundamental principle of non-discrimination 
in WTO Members. The Law ensures that all 
foreign suppliers shall be treated in no less 
favourable manner than domestic suppliers. According to Subparagraph 8) of Article 1 of 
the Law, the term "veterinary (veterinary and 
sanitary) rules" shall apply to a normative act 
establishing procedures  for application of 
veterinary measures on the basis of the 
veterinary norms adopted by the authorized 
state body of the Republic of Kazakhstan on 
veterinary and binding for natural persons and 
legal entities operating in the veterinary sphere. Veterinary rules shall apply to foreign 
residents and citizens of other countries in the 
same way as to natural persons and legal 
entities of the Republic of Kazakhstan.    
 
No measures set out in the Law and other 
normative acts on veterinary are applied in a 
manner which would constitute a means of 
restriction or discrimi nation between suppliers 
of imported and domes tic products. Hence, 
imported products – after they are transported Under Paragraph 1(5) of Article 7 of the Law, 
the authorized state body shall "perform 
quarantine inspection, laboratory testing and 
phytosanitary certifi cation of imported or 
exported quarantined products based on the 
phytosanitary characteristics of the area and 
place of its origin, and its destination point". 
No measures set out in the Law and other 
normative acts on plant quarantine are applied in a manner which would constitute a means 
of restriction or discrimination between 
suppliers of imported and domestic products. 
Hence, imported products – after they are 
transported across the border of the Republic 
of Kazakhstan – shall be subject to the same 
plant quarantine regime as domestic products.  
Same criteria are used in issuing 
phytosanitary certifi cates on imported and 
domestic quarantined products.   
  
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Application of Sanitary and Phytosanitary 
Measures Food safety Animal Health Plant Health 
Normative acts of the state sanitary and 
epidemiological service are circulated in the 
entire territory of the Republic of Kazakhstan 
and are binding for all economic agents.  across the border of the Republic of 
Kazakhstan – shall be subject to the same 
veterinary regime as domestic products.  
 
The same criteria are used in the issuing of 
veterinary certificat es for imported and 
transited products under control of the state 
veterinary service to certify their compliance with the acting sanitary requirements as for 
domestic products.  
 
The Republic of Kazakhstan applies 
restrictive measures to import, export and 
transit of products under control of the state 
veterinary service whenever in the country of 
origin there are registered instances of 
diseases listed in the Schedules A and B of the 
International Office of Epizootics.  The 
International Office of Epizootics provides 
monthly updates of the Schedules 
The Republic of Kazakhstan avoids all 
measures resulting in discrimination of 
domestic or foreign suppl iers. Acting controls 
are based on such factors as the appropriate 
level of epizootic protection in the country of 
origin, observance of acting veterinary rules 
in the course of transportation, and the 
availability of the re quired veterinary 
documents and of the import or transit 
authorization issued by the importing country.  
 
Also, the provisions of Article 4(7) of the Law 
ensure that no veterinary procedure to check 
and ensure the veterinary and sanitary safety 
is applied in a manner which would constitute 
an unjustifiable restriction on distribution or 
sales of products under control of the state 
veterinary service.    
  
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Measures Food safety Animal Health Plant Health 
11.  Article 8 and Annex C.  Control, 
inspection and approval procedures: 
ensure that procedures, including 
systems for approval of the use of 
additives or for establishing tolerances 
for contaminants in foods, beverages or 
feedstuffs comply with the SPS 
Agreement. 
 
 (a)  such procedures are undertaken 
and completed without undue 
delay and in no less favourable 
manner for imported products 
than for like domestic products;  
 (b)  the standard processing period of 
each procedure is published or 
that the anticipated processing 
period is communicated to the 
applicant upon request; when 
receiving an application, the 
competent body promptly 
examines the completeness of the 
documentation and informs the 
applicant in a precise and 
complete manner of all 
deficiencies;  the competent body 
transmits as soon as possible the 
results of the procedure in a 
precise and complete manner to 
the applicant so that corrective 
action may be taken if necessary; 
even when the application has 
deficiencies, the competent body 
proceeds as far as practicable 
with the procedure if the 
applicant so requests;  and that 
upon request, the applicant is 
informed of the stage of the 
procedure, with any delay being 
explained; 
 (с)  information requirements are The acting legislation of the Republic of 
Kazakhstan on sanitary and epidemiological 
safety does not offer fully adequate tools 
required to fulfil the obligation set forth in 
this provision of the SPS Agreement. 
 
Implementation of this requirement, however, 
is planned to ensure in the framework of a subordinate act (Resolution of the 
Government of the Republic of Kazakhstan) 
to the Law. 1.  Provisions of Paragraph 1(2) of 
Article 17 of the Law stipulate that veterinary 
inspectors may perform sampling of products 
subject to control of the state veterinary 
service for the purposes of diagnostics or 
veterinary and sanitary testing and that the 
anticipated processing period shall be 
communicated to the interested parties.   
2.  In accordance with Article 20(8) of the 
Law, the Republic of Kazakhstan has adopted 
the Rules for the State Veterinary Inspection 
of Products Subject to Control of the State 
Veterinary Service Transported across the 
State Border of the Republic of Kazakhstan 
(hereafter – the Rules), which contain 
exhaustive regulations on import, export and 
transit of products subject to control of the 
state veterinary service (the Resolution of the 
Government of the Republic of Kazakhstan 
No. 407 of 28 April 2003). 
 
3.  In particular, under the Rules, a 
territorial branch of the authorized body on 
veterinary shall investigate (within a period of 
no more than 15 days) existing possibilities 
(including processing, di stribution or sale, and 
storage conditions) for the import of products 
to a location within its territory.  Where a 
territorial branch arrives at a favourable 
conclusion, it shall pr ovide the requirements 
for a specific category of imported products to 
the owner and shall apply to the authorized 
body in writing with a request to issue an 
import permit. 
 
 The authorized body shall within a 
period of 5 business days issue an 
import permit for a specified product or 
return a refusal in writing with an 
indication of the reasons thereof.   1.  In accordance with Article 5(2) of the 
Law, the Government of the Republic of 
Kazakhstan has adopted the Rules for the 
Protection of the Republic of Kazakhstan from Entry of Quarantine Objects (hereafter – 
the Plant Quarantine Rules) by the Resolution 
No. 773 of 1 August 2003, which establish 
detailed regulations on import, export, and 
transit of quarantinable products and contain 
norms ensuring the minimum appropriate 
level of control, inspection, and approval 
procedures.  
 
2. Thus, quarantinable products may be 
imported into or transited across the territory 
of the Republic of Kazakhstan through 
stations located on the state border of the 
Republic of Kazakhstan and equipped in 
accordance with the acting requirements set 
forth in the plant quarantine rules and norms, 
provided that quarantinable products are 
accompanied with: 
 
 1) quarantine import permits issued 
by the authorized body on plant 
quarantine;  
 2) phytosanitary certificates issued 
by the quarantine services of 
exporting countries for every 
shipment of quarantinable 
products. 
 3)  Quarantine import permits shall 
be issued for quarantinable 
products on the basis of written 
applications of natural persons 
and legal entities.   
 
To apply for a quarantine import permit, 
natural persons and legal entities shall submit 
to the authorized body an application with the 
indication of the following information not  
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Application of Sanitary and Phytosanitary 
Measures Food safety Animal Health Plant Health 
limited to what is necessary for 
appropriate control, inspection 
and approval procedures,  
including for approval of the use 
of additives or for the 
establishment of tolerances for 
contaminants in food, beverages 
or feedstuffs; 
 (d)  the confidentiality of information 
about imported products arising 
from or supplied in connection 
with control, inspection and 
approval is respected in a way no 
less favourable than for domestic 
products and in such a manner 
that legitimate commercial 
interests are protected; 
 (e)  any requirements for control, 
inspection and approval of 
individual specimens of a product 
are limited to what is reasonable 
and necessary; 
  A veterinary inspector of the border 
veterinary station of the regional branch 
inspecting products at the point where 
they cross the national border of the 
Republic of Kazakhstan shall check and 
ensure the availability of a veterinary 
certificate and a permit of the 
authorized body; the consistency of the product name, weight, packaging and 
quantity with the characteristics 
specified in the accompanying 
documents; the observance of transport 
conditions and shall collect a foreign 
veterinary certificate and replace it with 
a veterinary certificate of the Republic 
of Kazakhstan.  
 
4.  In accordance with Article 20(7) of the 
Law, confidential information shall not be 
released without writt en authorization from 
the owner of products subject to control of the 
state veterinary service.   
 
 
 later than 30 days befo re the anticipated date 
of import or not later than 5 days before the 
anticipated date of transit:    
 
 1)  the purpose of import of 
quarantinable products to the 
Republic of Kazakhstan (transit) 
and their quantity broken down by product with an indication of 
pre-packaging methods and 
packaging types; 
 2)  the place of destination and 
exploitation of products (address; 
for products in transit – transport 
route and country of destination);  
 3)  the exporting countries from 
which quarantinable products are 
expected to be imported or 
transited, and the country of 
origin of quarantinable products;  
 4)  the anticipated date of arrival of 
quarantinable products or the 
anticipated transit time;  
 5)  the name of the border station 
used for the entry of 
quarantinable products to the 
Republic of Kazakhstan.   
 
4.  Government inspectors on plant 
quarantine of the border stations shall provide 
all necessary clarificati ons to the owners of 
products on the acting legislation of the 
Republic of Kazakhstan on plant quarantine; 
check and ensure the availability of 
quarantine permits and phytosanitary 
certificates issued by the national quarantine 
services of the expor ting countries; conduct 
cursory inspections of the vehicles, 
quarantinable products, and packaging. 
Samples of quarantinable products shall be 
analyzed on the station to reveal possible  
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Application of Sanitary and Phytosanitary 
Measures Food safety Animal Health Plant Health 
pests, diseases or weeds, and where necessary 
shall be forwarded together with specific 
products to the Republican quarantine centre 
in order to be certified as varieties belonging 
to the category of quarantinable products.  
4. In accordance with Article 13 of the 
Law:  
  -  Where a supplier concludes a contract 
of delivery or a contract of transit of 
quarantinable products, the supplier 
shall obtain all available pertinent 
information on the acting quarantine 
measures from the authorized body and 
make necessary arrangements to 
prevent entry of quarantine objects.     
-  Where the concluded contract contains 
confidential information, it shall not be 
released without wr itten authorization 
from the supplier.  
 (f)  any fees imposed for the 
procedures on imported products 
are equitable in relation to any 
fees charged on like domestic 
products or products originating 
in any other Member and should 
be no higher than the actual cost 
of the service; The acting legislation of the Republic of 
Kazakhstan on sanitary and epidemiological 
safety does not offer fully adequate tools 
required to fulfil the obligation set forth in 
this provision of the SPS Agreement. 
 
Implementation of this requirement, however, 
is planned to ensure in the framework of a 
subordinate act (Resolution of the 
Government of the Republic of Kazakhstan) to the Law. The obligation set forth in Paragraph 1(f) of 
Annex 8 C of the WTO Agreement is 
reflected in the following legal norms:  
 
1.  According to Article 35(2) of the Law, 
the owners of products subject to control of 
the state veterinary service shall bear all costs 
relating to the following procedures under 
provisions established by the authorized state 
body on regulation and control of natural monopolies:  
 
 1)  approbation, series control, and 
registration testing of veterinary 
drugs, feedstuffs, and feed 
additives;  
 2)  identification of animals; 
markets; producing, slaughtering, 
storing, processing, and 
distributing organizations (for 
products subject to control of the Under Article 13(5) of the Law, the costs of 
inspection and decontamination of 
quarantinable products, cargoes, and transport 
facilities, laboratory testing, issuance of 
quarantine certificates shall be covered by the 
owners under procedures set forth in 
international agreements on plant quarantine 
and the legislation of the Republic of 
Kazakhstan.     
 No measures set out in the Law and other 
normative acts on plant quarantine are applied 
in a manner which would constitute a means 
of restriction or discrimination between 
suppliers of imported and domestic products. 
Hence, imported products – after they are 
transported across the border of the Republic 
of Kazakhstan – shall be subject to the same 
veterinary treatment as domestic products.  
  
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Measures Food safety Animal Health Plant Health 
state veterinary service); 
     
 3) veterinary and sanitary market 
testing;  
 4)  dehelminthiza tion, desinsection, 
deratization, disinfection (except 
disinfection by the border 
veterinary control stations);   
 5)  treatment, prevention, 
diagnostics, and eradication of 
animal diseases, including 
parasitic infestations, except for 
dangerous animal diseases listed 
in the Schedule adopted by the 
Government of the Republic of 
Kazakhstan; 
 6)  paper forms of veterinary and 
sanitary reports and veterinary 
certificates.  
 
Funds raised by all of the above shall be 
transferred to the Republican budget on the 
basis of the procedures established under the 
acting legislation of the Republic of 
Kazakhstan.  
 
No measures set out in the Law and other 
normative acts on veterinary are applied in a 
manner which would constitute a means of 
restriction or discrimi nation between suppliers 
of imported and domes tic products. Hence, 
imported products – after they are transported 
across the border of the Republic of 
Kazakhstan – shall be subject to the same 
veterinary regime as domestic products.   
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Measures Food safety Animal Health Plant Health 
 (i)  a procedure exists to review 
complaints concerning the 
operation of such procedures and 
to take corrective action when a 
complaint is justified.  The acting legislation of the Republic of 
Kazakhstan on sanitary and epidemiological 
safety does not offer fully adequate tools 
required to fulfil the obligation set forth in 
this provision of the SPS Agreement. 
 
Implementation of this requirement, however, 
is planned to ensure in the framework of a subordinate act (Resolution of the 
Government of the Republic of Kazakhstan) 
to the Law. The obligation set forth in Paragraph 1(i) of 
Annex С of the WTO Agreement is reflected 
in the following legal norms:  
 
1.  Under Article 17(2) of the Law, any 
actions (failure to act) of veterinary 
inspectors may be appealed by natural 
persons and legal en tities in superior 
bodies of the state veterinary service or 
in the court of law.  
2.  Under Article 36(1) of the Law, any 
person, if found guilty of a violation(s) 
of the acting veteri nary legislation, 
shall be held responsible under the 
relevant provisions of  the legislation of 
the Republic of Kazakhstan. The obligation covered by Paragraph 1(i) of 
Annex С of the WTO Agreement is reflected 
in the following legal norms:  
 
1.  Under Article 15 of the Law, the 
procedures set forth in the legislation of 
the Republic of Kazakhstan shall apply 
to the settlement of disputes on specific issues of plant quarantine.  
2.  Under Article 16 of the Law, any 
natural person or legal entity, where 
found guilty of a violation(s) of the 
acting legislation on plant quarantine, 
shall be held responsible under the 
relevant provisions of  the legislation of 
the Republic of Kazakhstan.  
 
 
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