RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/KAZ/65 
16 November 2005 
 
 (05-5364) 
Working Party on the 
Accession of Kazakhstan Original:   English 
 
 
 
ACCESSION OF KAZAKHSTAN 
 
Check-list of Illustrative Technical Barriers to Trade (TBT) Issues:   
Consistency of Acting Kazakh Legislation w ith the Norms of the WTO Agreement on TBT  
 
 
 The following submission, dated 11 November 2005,  is being circulated at the request of the 
Delegation of the Republic of Kazakhstan.  
 
_______________ 
  
 WT/ACC/KAZ/65 
Page 2 Provisions of the TBT Agreement Provisions of the Law "On Technical Regulating" 
1. Standstill: the introduction of new 
standards, technical regulations 
and conformity assessment procedures should be fully 
compatible with the TBT 
Agreement. The Republic of Kazakhstan does adhere to the "stand-still" pr inciple in the course of negotiation process of WTO accession. 
 
In particular, the work w ithin the Plan of Measures of th e Republic of Kazakhstan for 2004-2 006 for Bringing of the National 
Legislation on Standardization and Certification in Compliance w ith the WTO Agreement on Techni cal Barriers to Trade ensures 
fulfilment of the "stand-still" principle. 
 The relevant international standards and recommendations are being taken as a basis for elaboration of all standards and 
regulations that have been newly adopted by Kazak hstan in the sphere of technical regulating.  
 The Law of the RK "On Technical Regulating" was de veloped in conformity with the TBT Agreement. 
2. Establishment and operation of a 
single Contact Point for 
Information ("enquiry point") (Article 10). Single SPS/TBT Enquiry Point has been established and functions since January 2005.  The address of the Enquiry Point is the 
following: 
  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 informa tion on establishment of the Single SPS/TB T Enquiry Point were  submitted to the 
WTO Secretariat in due time, which are presented in the documents WT/ АСС /KAZ/52 of 7 September 2004 and 
G/SPS/ENQ/18/Add.1 of 3 March 2005. 
3.  Identification of authority 
responsible for notifications, publications and other internal 
procedures to ensure transparency 
obligations are met on an ongoing basis (Articles 2, 3, 5, 7, 10, 15.2, 
Annex 3 and G/TBT/1):   
  WT/ACC/KAZ/65
 Page 3Provisions of the TBT Agreement Provisions of the Law "On Technical Regulating" 
 (a) identification of publication 
where notices of proposed 
technical regulations and conformity assessment 
procedures will appear 
(Articles 2.9.1, 3.1, 5.6.1, 7.1, 10.1.5);  
 Article 19.4.  The government bod y, which drafted normative legal act in the ar ea of technical regulating, places in the offici al 
publication and common use information system a notification, made in the established form, on developed draft amendment 
and/or addition or cancellation of normative legal act in the ar ea of technical regulating not later than one month after draft ing 
development, amendments and additions or cancellation began.  
 
Article 15.2.  Official information on the drafted and adopted normative legal acts in the area of technical regulating, nation al, 
international, regional standards and technical and economic in formation classifiers, organization standards and recommendation s 
on standardization as well as indicated do cuments have to be accessible for the user s except the information presenting state o r 
other  protected by law secret.  
 
Article 19.12  The authorized body should publish notification on the adopted normative legal act in the area of technical 
regulating in the official publication and common use information system, and also send to the Secretariat of the World Trade 
Organization.  
 (b) identification of authority 
responsible for making 
notifications to the WTO (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 19.5.  If requirements established by the normative lega l acts in the area of technical regulating do not comply with t he 
requirements of the respective international standards or respec tive international standards are lacking, or requirements estab lished 
by the normative legal acts in the area of technical regulating may affect the terms of product importing into the Republic of Kazakhstan or product exporting from the Republic of Ka zakhstan, the government  body, which drafted a normative legal act in 
the area of technical regulating, does th e following through the authorized body:  
  2)  submits, on request of the interested parties and foreig n states, detailed information on the drafted normative legal act 
in the area of technical regulating or act’s copy indicating the norms, whos e content does not comply with the 
requirements of the international standards.  
 
Article 10.1.  Information centre is created  and functions in an order established by  the Government of the Republic of Kazakhs tan 
to interact with the World Trad e Organization Secretariat, WTO member-states, in ternational organizations to provide document 
copies and information requested by the interested  parties and foreign states on the following:  
 
 1)  existing or being drafted normative legal acts in the ar ea of technical regulating, stan dards, amendments thereto and 
procedures of product, service conformity assessment;  
 
Article 19.12.  The authorized body should publish notification on the adopted normative legal act in the area of technical 
regulating in the official publication and common use information system, and also send to the Secretariat of the World Trade 
Organization.   
 WT/ACC/KAZ/65 
Page 4 Provisions of the TBT Agreement Provisions of the Law "On Technical Regulating" 
 (c)  guidance/law to ensure 
regulatory authorities afford 
non-discriminatory 
consideration of comments in 
the preparation of a final 
regulation (Articles 2.9.4, 
2.10.3, 3.15 3.3, 5.6.4, 5.7.3, 
7.1, 7.3); Article 19.7. 7.  The government body, which drafted the normativ e legal act in the area of technical regulating, is to do the 
following:  
 1) organize public discussion of the draft;  
2)  finalize the draft accounting for collected comments and place it in the offici al publication of the authorized body and 
common use information system; and 
3)  submit, on request of the stakeholders, the received comments on the draft normative legal act in the area of technical 
regulating. 
 Article 19.9.   Notification on completion of public discussion of the draft normative legal act in the area of technical regul ating 
should be published in the official publication and common use information system and should contain information on the way of 
familiarization with the draft and list of the received remarks, title of the governme nt body, which drafted normative legal ac t in 
the area of technical regulating, and its the post and electronic address.  
 (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 (Articles 2.11, 2.12, 
3.1, 5.8, 5.9, 7.1); Article 17.7.  The normative legal act in the area of technical regulating should specify a term and conditions of its enactmen t 
providing for a transitional period, during which the issues are to be taken into account on bringing into effect the normative  legal 
act in the area of technical regul ating and/or correction of normative or technical  documentation as well as issues related to 
product, service manufacturing.  
 
Article 19.11.  Between the dates of adoption and enactment or cancellation of the normative le gal act in the area of technical  
regulating, a period needed to carry out measures to ensure enforcement of its requirements, should be stipulated.  
 (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 (Article 4, Annex 3 
(J, K, L, N, 0);  Article 8.1). Kazakhstan will fully conform to requirements of the Code of Good Practice upon accession.  
  WT/ACC/KAZ/65
 Page 5Provisions of the TBT Agreement Provisions of the Law "On Technical Regulating" 
4.  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 (Articles 
2, 3, 5, 6, 7):  
 (a) non-discrimination with 
respect to the treatment of 
products (Articles 2.1, 3.1, 
5.1, 5.2, 7.1); Article 4.2.  Technical regulating is  based on the following principles: 
 
 4)  equal requirements for domestic and imported products, se rvice and procedures of their conformity assessment against 
the established requirements. 
 
Article 17.3. The requirements, determined by the normative lega l acts in the area of technical regulating, are established and  
applied in the same manner and to an equal extent irrespective of  the origin country and/or orig in place of product, service, e xcept 
establishing and application of the sanitary and phytosanitary measures aimed at preventing penetration of the diseases carried  by 
animals or plants, or products of their processing into the Republic of Kazakhstan.  
 
Criteria of necessity, requirements and procedures of sanitary and phytosanitary measures are based on a degree of scientifical ly 
grounded risk to inflict harm by such product, service at all its processes.  
 (b) the prohibition of 
unnecessary obstacles to 
international trade and the 
consideration of less trade-
restrictive alternatives to 
fulfilling legitimate 
objectives (Articles 2.2, 3.1, 
5.1, 5.2, 7.1);   Article 17.5.  The requirements established by the normative lega l acts in the area of technical regulating should not pose obs tacles 
for entrepreneurship and trade activities more than it is necessary  to achieve the objectives specified by item 1, Article 4 of  this 
Law.   
Article 4.1.  Main objectives of technical regulating are as follows:  
 
1)  assuring safety of products, services and processes for human life and health and environment, including animals and plants ; 
2)   assuring national safety;  
3)  preventing actions, misleading the consumers with regard to safety of product, service;  
4)  elimination of techni cal barriers in trade; and 
5)  increasing product competitiveness.  
 
Article 18.1.  Normative legal acts on technical regulating set th e minimally necessary requirements ensuring safety of product s 
and processes accounting for a degree  of risk to inflict damage.   
 WT/ACC/KAZ/65 
Page 6 Provisions of the TBT Agreement Provisions of the Law "On Technical Regulating" 
 (c) the ongoing review of 
technical regulations to 
ensure they are appropriate to 
achieve the desired legitimate 
objective (Article 2.3, 3.1, 
7.1); Article 17.6.  If the normative legal act in  the area of technical regulating does not comply with the interests of state polic y, 
development of material and technical base and level of scientif ic and technical development as well as international agreement s, 
ratified by the Republic of Kazakhstan, the authorized body is liable to start proced ure of cancellation or amendment of such 
normative legal act.  
 (d) the consideration of 
appropriate international 
standards, guides and 
recommendations as a basis 
for technical regulations and 
conformity assessment 
procedures (Article 2.4, 3.1, 
5.4, 7.1); Article 4.2.  Technical regulating is based on the following principles: 
 
 5)  prioritized use of the technologic and scientific achieveme nts, standards of the international and regional organizations 
in developing normative legal acts in the area of technical regulating and standards; 
 
Article 18.4. Norms and standards of foreign states, international and regional organizations can be applied as a base for 
developing normative legal acts in the area of technical regulating partly or fully, if they comply with the objectives set in item 1 
of Article 4 of this Law. 
   
 Article 4.1. Main objectives of technical regulating are as follows:  
 
1)  assuring safety of products, services and processes for human life and health and environment, including animals and plants ; 
2)   assuring national safety;  
3)  preventing actions, misleading the consumers with regard to safety of product, service;  
4)  elimination of techni cal barriers in trade; and 
5)  increasing product competitiveness.  
 (e) the consideration of 
equivalent technical 
regulations of other Members 
(Article 2.7, 3.1, 7.1); Article 18.4.  Norms and standards of foreign states, interna tional and regional organizations can be applied as a base for 
developing normative legal acts in the area of technical regulating partly or fully, if they comply with the objectives set in item 1 
of Article 4 of this Law.  
Article 21.4.  The norms and standards of the foreign states, international organizations may be applied as a base for developi ng 
state standards of the Republic of Kazakhstan  fully or partly, except the cases when these standards are inefficient or inappro priate 
for achieving the objectives, specified by item 1, Article 4 of this Law.  
 
Article 4.1.  Main objectives of technical regulating are as follows:  
 
1)  assuring safety of products, services and processes for human life and health and environment, including animals and plants ; 
2)   assuring national safety;  
3)  preventing actions, misleading the consumers with regard to safety of product, service;  
4)  elimination of techni cal barriers in trade; and 
5)  increasing product competitiveness.   
  WT/ACC/KAZ/65
 Page 7Provisions of the TBT Agreement Provisions of the Law "On Technical Regulating" 
 (f) the acceptance of the results 
of conformity assessment 
procedures conducted by 
bodies in an exporting 
Member country (Article 6, 
7.1); Article 33.1.  Certificates of conformity of foreign states, product te st protocols, conf ormity marks are r ecognized in accorda nce 
with international agreements. 
 (g) non-discriminatory and cost-
based fee structure (Article 
5.2, 7.1, 10.4). Article 19.6.  From the moment the notifica tion on the draft normative legal act in th e area of technical regulating is publish ed, the 
draft should be accessible to the st akeholders for familiarization.  
 
Providing copy of draft is charged, and fee should not exceed the costs of copy preparation and be single for all applicants.  
5. 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 (Article 4 
and Annex 3, Article 8):  
 (a) non-discrimination with 
respect to the treatment of 
products (Annex 3 (D), 
Article 8.1); Article 21.6.  The state standards are app lied voluntarily on an equal basis irrespectiv e of the place of origin of product, se rvice. 
 (c) the consideration of 
appropriate international 
standards, guides and 
recommendations as a basis 
for standards (Annex 3 (F), 
Article 8.1). Article 20.  The normative documents on standardization valid on the territory of the Republic of Kazakhstan include: 
  
 1) international standards; and  6)  national standards, standards of organizations, classifiers of technical and economic information, rules, norms and 
recommendations on standardization of foreign states. 
 
Article 21.4.  The norms and standards of th e foreign states, international  organizations may be applied as a base for develop ing 
state standards of the Republic of Kazakhstan  fully or partly, except the cases when these standards are inefficient or inappro priate 
for achieving the objectives, specified by item 1, Article 4 of this Law.  
 
Article 24.1.  The Republic of Kazakhstan a llows the use of international and regional  standards, classifiers of technical and 
economic information, rules, guidelines and recommendations; na tional standards, standards of organizations, classifiers of 
technical and economic information, rules an d recommendations on standardization of fo reign states, which meet the objectives 
set under item 1 of Article 4 of this Law.      
 WT/ACC/KAZ/65 
Page 8 Provisions of the TBT Agreement Provisions of the Law "On Technical Regulating" 
Article 24.2.  The necessary conditions for using international and regional, national st andards of foreign states as the state  
standards of the Republic of Kazakhstan are the following:  
 - membership of the Repu blic of Kazakhstan in in ternational and regional organizations  on standardization, metrology and 
accreditation; and 
- existence of bilateral (multilateral) treaties (agreements ) between the Republic of Kaza khstan and foreign states on 
cooperation in the area of standardization. 
 
Article 24.2.  The natural persons and lega l entities of the Republic of Kazakhstan ca n use the standards of the international and 
regional organizations, in which the Republic of Kazakhstan is not a member, provided that the contracts and agreements give reference to the indicated standards. 
 
Article 24.6.  The international and regional standards and stan dardization normative documents are applied on the territory of  the 
Republic of Kazakhstan in equal manner and to an equal extent with state standards and standard ization normative documents of 
the Republic of Kazakhstan. 
 
 
__________