WORLD TRADE  
ORGANIZATION  RESTRICTED 
WT/ACC/AFG/13 
26 April 2012 
 (12-2229) 
Working Party on the Accession of 
the Islamic Republic of Afghanistan Original:   English 
 
 
 
ACCESSION OF AFGHANISTAN 
 
Checklist of Illustrative TBT Issues for Consideration in Accessions  
 
 
 The following submission, dated 23 April 2012, is being circulated at the request of the Delegation of the Islamic Republic of Afghanistan.   
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 WT/ACC/AFG/13 
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  Checklist of Illustrative TBT Issues for Consideration in Accessions 
Based on draft Standards and Technical  Regulations Law of Afghanistan 
Commitments 
(by the time of accession) WTO 
Reference Text of the draft Law on Standards 
and Technical Regulations 
1. Standstill:  the introduction of 
new standards, technical regulations and conformity assessment procedures should be fully compatible with the TBT Agreement 1. Generally agreed 
principle in WTO accession negotiations  
2. Submission of Statement on 
Implementation 2. Article 15.2 and 
TBT Committee 
Decision (WTO document G/TBT/1)  
3. Establishment and operation of 
a single Contact Point for Information ("inquiry point") 3. Article 10 Under point 11 of paragraph 2 of Article 27 of the 
draft Law, duties and responsibilities of ANSA, inter alia , include:  
- Establishing of information center and Inquiry 
point for standards, technical regulations, conformity assessment procedures and other 
related documents.   
4. Identification of authority 
responsible for notifications, publications and other internal procedures to ensure transparency obligations are met on an ongoing basis: 4. Articles 2, 3, 5, 
7, 10, 15.2, Annex 3 and WTO document G/TBT/1 Article 37 of the draft Law specifies functions of 
the Information Center for Standards and Technical regulations as follows:  1. Information Center established under Afghan 
National Standards Authority shall have the following responsibilities: 
 - publication of notices for draft technical 
regulations and conformity assessment procedures being proposed to be 
introduced; 
 - receive comments to draft technical 
regulations and conformity assessment procedures and pass them to relevant bodies developing them;  
 - timely submission of necessary 
notifications under the international agreements of Afghanistan; 
 - upon request, provide to interested parties 
particulars or copies of the proposed technical regulations and conformity assessment procedures; 
 - provide answers all reasonable inquiries 
form interested parties regarding technical regulations, standards, conformity 
assessment procedures, as well as 
Afghanistan’s membership in international and regional standardizing bodies and conformity assessment systems, and other bilateral and multilateral arrangements within the scope of this law; and 
 - collecting information in respect to related 
standards activities inside or outside the country and publication of that.  WT/ACC/AFG/13 
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  Commitments 
(by the time of accession) WTO 
Reference Text of the draft Law on Standards 
and Technical Regulations 
 (a) identification of publication 
where notices of proposed technical regulations and conformity assessment procedures will appear;  (a) Articles 
2.9.1, 3.1, 5.6.1, 7.1, 10.1.5 Under point 12 of paragraph 2 of Article 27 of the 
draft Law, duties and responsibilities of ANSA, inter alia , include:  
- Establishing periodic publication and 
maintaining official web-site where notices on new technical regulations, standards and conformity assessment procedures being 
developed and work programs are published at 
an early stage as to enable interested parties to become acquainted with it and to provide comments. 
 (b) identification of authority 
responsible for making notifications to the WTO;  (b) Article 2.9.2, 
2.10.1, 3.2, 3.3, 5.6.2, 5.7.1, 7.2, 7.3, 10.7, 10.10 Article 37 of the draft Law specifies functions of 
the Information Center for Standards and Technical regulations as follows:  1. Information Center established under Afghan 
National Standards Authority shall have (inter alia ) the following responsibilities: 
 - timely submission of necessary 
notifications under the international agreements of Afghanistan; and 
 - upon request, provide to interested parties 
particulars or copies of the proposed technical regulations and conformity assessment procedures. 
 (c) guidance/law to ensure 
regulatory authorities afford non-discriminatory 
consideration of comments 
in the preparation of a final regulation;  (c) Articles 
2.9.4, 2.10.3, 3.1, 3.3, 
5.6.4, 5.7.3, 
7.1, 7.3 Article 10.  Notification, comments and entry into 
force of technical regulations 4. At least 60 days shall be allowed for all 
interested parties to make written comments 
about the proposed technical regulation and non-discriminatory consideration of comments in the preparation of a final regulation shall be afforded.   
6. In cases where urgent problems of safety, 
health, environmental protection or national security arise or threaten to arise, time frames established in paragraphs 1 through 5 of this Article may be reduced or omitted, provided that upon adoption of the procedure, notification and/or publication are made promptly and copies provided to interested parties upon request.  
 
Article 13.  General rules for preparation and adoption of conformity assessment procedures 4. In preparation of the draft conformity 
assessment procedures:  
 - reasonable time shall be allowed for 
interested parties to make comments in writing; 
 - opportunity shall be provided to discuss 
these comments upon request, and 
 - these written comments and the results of 
these discussions shall be taken into account.  
5. In cases where urgent problems of safety, 
health, environmental protection or national 
security arise or threaten to arise time frames 
provided in paragraph 5 of this Article may be omitted, provided that upon adoption of the WT/ACC/AFG/13 
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  Commitments 
(by the time of accession) WTO 
Reference Text of the draft Law on Standards 
and Technical Regulations 
procedure, notification and/or publication are made promptly and copies provided to interested parties upon request.  
 (d) guidance/law to ensure 
regulatory authorities allow a reasonable period of time between the final publication of a technical regulation and conformity assessment procedure and its entry into force so that suppliers can adapt;  (d) Articles 2.11, 
2.12, 3.1, 5.8, 5.9, 7.1 Article 10.  Notification, comments and entry into 
force of technical regulations 5. Technical regulations shall enter into force 
after 6 month from the date of publication of adopted technical regulations.  
 Article 24.  Reasonable time for entry into force - Except in cases where urgent problems of 
safety, health, environmental protection or national security arise or threaten to arise, a 6 months period between the publication of requirements concerning conformity assessment procedures and their entry into force shall be provided. 
 (e) publication and notification 
of work programme for standards and non-governmental conformity assessment procedures, including publication of notices of draft standards and an opportunity for public comment.  (e) Article 4, 
Annex 3 (J, K, L, N, O);  Article 8.1 Article 7.  Principles of Standardization 
1. Preparation, adoption and application of 
Standards shall be carried out according to the internationally accepted guides and codes of best practices.  
 Article 27. Duties and Authorities of ANSA 2. The ANSA has the following duties and 
authorities: 
  12.  Establishing periodic publication and 
maintaining official web-site where 
notices on new technical regulations, standards and conformity assessment procedures being developed and work programs are published at an early stage as to enable interested parties to become acquainted with it and to provide comments. 
5. Development and Application 
of Technical Regulations and 
Conformity Assessment Procedures: Existence of legal and/or administrative underpinnings (or "reasonable measures" as appropriate) to ensure ongoing compliance with provisions of the agreement concerning, in particular: 5. Articles 2, 3, 5, 
 6, 7   WT/ACC/AFG/13 
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  Commitments 
(by the time of accession) WTO 
Reference Text of the draft Law on Standards 
and Technical Regulations 
 (a) non-discrimination with 
respect to the treatment of products;  (a) Articles 2.1, 
3.1, 5.1, 5.2, 7.1 Article 9.  Principles for developing technical 
regulations 2. On the basis of international agreements of 
Afghanistan, products imported from the territory of any member to such agreement shall be accorded treatment no less favourable than that accorded to like products of national 
origin and to like products originating in any 
other country. 
 Article 13.  General rules for preparation and adoption of conformity assessment procedures 1. On the basis of international agreements of 
Afghanistan, in cases where a positive assessment of conformity with technical regulations or standards is required, conformity assessment procedures shall be prepared, adopted and applied so as to grant access for suppliers of like products originating in the territories of other members to such agreements under conditions no less favourable than those accorded to suppliers of 
like products of national origin or originating 
in any other country, in a comparable situation.  
 (b) the prohibition of 
unnecessary obstacles to international trade and the consideration of less trade-restrictive alternatives to fulfilling legitimate 
objectives;  (b) Articles 2.2, 
3.1, 5.1, 5.2, 7.1 Article 4.  General Principles 
1. Technical regulations, standards and 
conformity assessment procedures shall not be more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create.   
 (c) the ongoing review of 
technical regulations to ensure they are appropriate to achieve the desired legitimate objective;  (c) Article 2.3, 
3.1, 7.1 Article 9.  Principles for developing technical 
regulations  6. Technical regulations shall not be maintained 
if the circumstances or objectives giving rise to their adoption no longer exist or if the changed circumstances or objectives can be addressed in a less trade-restrictive manner.  Periodic reviews of technical regulations shall be conducted for this purpose. 
 (d) the consideration of 
appropriate international standards, guides and recommendations as a basis for technical regulations and conformity assessment procedures;  (d) Article 2.4, 
3.1, 5.4, 7.1 Article 9.  Principles for developing technical 
regulations  4. Technical regulations shall be prepared based 
on approved or being finalized relevant international standards or parts thereof, except when such international standards or relevant parts would be an ineffective or inappropriate means for the fulfilment of the legitimate objectives pursued because of fundamental climatic or geographical factors or 
fundamental technological problems. 
 Article 13. General rules for preparation and adoption of conformity assessment procedures 2. Where relevant guides or recommendations 
issued by international standardizing bodies exist or their completion is imminent, they, or the relevant parts of them, shall be used as a WT/ACC/AFG/13 
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  Commitments 
(by the time of accession) WTO 
Reference Text of the draft Law on Standards 
and Technical Regulations 
basis for their conformity assessment procedures, except when such guides or recommendations or relevant parts are inappropriate for the use in Afghanistan for, inter alia , such reasons as:  national security 
requirements; the prevention of deceptive practices; protection of human health or 
safety, animal or plant life or health, or the 
environment;  fundamental climatic or other geographical factors;  fundamental technological or infrastructural problems.  
 (e) the consideration of 
equivalent technical regulations of other Members;  (e) Article 2.7, 
3.1, 7.1 Article 11.  Equivalence of foreign technical 
regulations 1. Foreign technical regulations may be adopted 
as equivalent to national technical regulations in the following cases: 
 - they are consistent with the laws of the 
Islamic Republic of Afghanistan; and 
 - they adequately reflect the objectives of 
the national technical regulations. 
2. Criteria on applying for recognition of foreign 
technical regulations, access to information, recognition of equivalents and procedures on filing complaints shall be transparent and non-discriminatory.   
 (f) the acceptance of the 
results of conformity 
assessment procedures 
conducted by bodies in an exporting Member country;  (f) Article 6, 7.1 Article 22.  Equivalence  
Results of conformity assessment procedures in 
other countries shall be accepted under international 
agreements of Afghanistan, even if such procedures differ from those applied in Afghanistan, provided that those procedures offer an assessment of conformity with applicable technical regulations or standards equivalent to procedures adopted in Afghanistan. 
 (g) non-discriminatory and 
cost-based fee structure.  (g) Article 5.2, 
7.1, 10.4 Article 16.  Fees  
1. Any fees for assessing the conformity of 
products shall be imposed in similar fashion 
irrespective of its country of origin, except in cases where necessary to take into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body.  
 Article 28.  Receiving of Administrative Fee 1. The ANSA will charge a reasonable fee for 
providing laboratory and research services, certification, as well as training, using of the standard mark, issuance of certificate and license, selling of standard and publication and providing copies of documents related to 
conformity assessment and technical 
regulations, offering of professional training.  WT/ACC/AFG/13 
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  Commitments 
(by the time of accession) WTO 
Reference Text of the draft Law on Standards 
and Technical Regulations 
6. Development and Application 
of Standards and Conformity Assessment Procedures: Existence of legal and/or administrative underpinnings (or " reasonable measures" as appropriate) to ensure ongoing 
compliance with provisions of 
the agreement concerning, in particular: 6. Article 4 and 
Annex 3, Article 8  
 (a) non-discrimination with 
respect to the treatment of products;  (a) Annex 3(D), 
Article 8.1 Article 7.  Principles of Standardization 
1. Preparation, adoption and application of 
Standards shall be carried out according to the internationally accepted guides and codes of best practices.  
 Article 13.  General rules for preparation and 
adoption of conformity assessment procedures 
1. On the basis of international agreements of 
Afghanistan, in cases where a positive assessment of conformity with technical regulations or standards is required, conformity assessment procedures shall be prepared and adopted so as to grant access for suppliers of like products originating in the territories of other members to such agreements under conditions no less favourable than those accorded to suppliers of like products of national origin or originating in any other country, in a comparable situation.  
 
Article 14.  Application of conformity assessment procedures 1. Conformity assessment procedures shall be 
undertaken and completed as expeditiously as possible and in a no less favourable order for products originating in the territories of other Members than for like domestic products. 
 (b) the prohibition of 
unnecessary obstacles to 
international trade;  (b) Annex 3(E), 
Article 8.1 Article 4.  General Principles 
1. Technical regulations, standards and 
conformity assessment procedures shall not be 
more trade-restrictive than necessary to fulfil a legitimate objective, taking account of the risks non-fulfilment would create.   
 (c) the consideration of 
appropriate international standards, guides and recommendations as a basis for standards;  (c) Annex 3(F), 
Article 8.1 Article 13.  General rules for preparation and 
adoption of conformity assessment procedures 
2. Where relevant guides or recommendations 
issued by international standardizing bodies exist or their completion is imminent, they, or the relevant parts of them, shall be used as a 
basis for their conformity assessment 
procedures, except when such guides or recommendations or relevant parts are inappropriate for the use in Afghanistan for, inter alia , such reasons as:  national security 
requirements; the prevention of deceptive practices; protection of human health or safety, animal or plant life or health, or the WT/ACC/AFG/13 
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  Commitments 
(by the time of accession) WTO 
Reference Text of the draft Law on Standards 
and Technical Regulations 
environment;  fundamental climatic or other geographical factors;  fundamental technological or infrastructural problems.  
 Article 7.  Principles of Standardization 1. Preparation, adoption and application of 
Standards shall be carried out according to the 
internationally accepted guides and codes of 
best practices.  
 (d) non-discriminatory and 
cost-based fee structure.  (d) Annex 3(M), 
Annex 3(P), Articles 8.1, 10.4 Article 7.  Principles of Standardization 
1. Preparation, adoption and application of 
Standards shall be carried out according to the internationally accepted guides and codes of best practices.  
 Article 16.  Fees  1. Any fees for assessing the conformity of 
products shall be imposed in similar fashion 
irrespective of its country of origin, except in cases where necessary to take into account communication, transportation and other costs arising from differences between location of facilities of the applicant and the conformity assessment body.   
 Article 28.  Receiving of Administrative Fee 1. The ANSA will charge a reasonable fee for 
providing laboratory and research services, certification, as well as training, using of the standard mark, issuance of certificate and license, selling of standard and publication 
and providing copies of documents related to 
conformity assessment and technical regulations, offering of professional training. 
 
 
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