RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/27/Rev.1
23 September 2002
(02-5100)
Working Party on the
Accession of KazakhstanOriginal:  English
ACCESSION OF KAZAKHSTAN
Check-list of Illustrative TBT Issues
for Consideration under the Accession to the WTO
Revision
The Ministry of Economy and Trade of the Republic of Kazakhstan has submitted the
following information with the request that it be  circulated to members of the Working Party.
_______________WT/ACC/KAZ/27/Rev.1
Page 2Commitments (by the time of accession) WTO ReferenceAppellations of Legislative and Normative Acts,
Containing ТBТ requirement
1. Standstill: the introduction of new standards,
technical regulations and conformityassessment procedures should be fullycompatible with the TBT AgreementGenerally agreed principle
in WTO accessionnegotiationsArticle 9 (2) of the Law "On Standardization" states, that, international technical
regulations and standards or the drafts thereof at the stage of completion should beapplied while the development of standards.
This requirement is stipulated as well at St ate Standard of the Republic of Kazakhstan
1.2-98 State Standardization System (SSS). The Order of state standards elaboration,p.3.1.2.
2. Submission of application on implementation
of "Code of conscientious practice ofelaboration and implementation of standards"Article 15.2 and TBT
Committee Decision(G/TBT/1)The application was not submitted since Kazakhstan is not yet a member of the WTO
and joining to the Code is not compulsory.
3. Establishment of a constant operating single
Information Center ("Inquiry Point")Article 10 of TBT
AgreementIn conformity with the article 17 (4) of the Law "On Standardization" providing the
establishment of the Information Center ( Inquiry Point) for the purposes of interaction
with international organizations, the Information Centre has been created in the structure
of an authorised state body (StateStandard) and is equipped within the framework ofstate budgetary program 600 "Development of information centre on interaction with theWTO".
4. Identification of authority responsible for
notifications, publications and other internalprocedures to ensure transparency obligations
are met on an ongoing basis:Articles 2, 3, 5, 7, 10, 15.2,
Annex 3 and G/TBT/1The Article 17 of the Law of the Republic of Kazakhstan "On Standardization" specifies
that StateStandard organizes publication of an information about standards andprocedures of conformity assessment, as we ll as standards and certification procedures.
(a) identification of publication where
notices of proposed technical regulations
and conformity assessment procedureswill appear(a) Articles 2.9.1, 3.1,5.6.1,
7.1, 10.1.15Information Bulletin "Vestnik informatzionnogo tzentra standsartov", publications in the
Internet
(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, 10.10Article 17 (4) of the Law " On Standardization" provides the establishment of the Inquiry
Point, responsible for the submission to interested persons of notices, appropriatedocumentation and the information, related to standards and certification 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,
3.15, 3.3, 5.6.4, 5.7.3, 7.1,
7.3Article 17 (1) of the Law " On Standardization" states that the official information on
adopted standards and the standards under development, as well as the standards
themselves shall be available to users, including foreign users.
The Article 9 of the paragraph 2 of the Law "On Standardization" stipulates the necessity
of discussion and preparation of comments to the drafts standards by the interestedbodies.
The State Standard of the Republic of Kazakhstan 1.2-98.  SSS. The order of elaboration
of state standards, paragraph 3.3.3 stipulates  the necessity of publication of information
about worked out standard or summary to it, in order all interested persons could submittheir comments to it.WT/ACC/KAZ/27/Rev.1
Page 3Commitments (by the time of accession) WTO ReferenceAppellations of Legislative and Normative Acts,
Containing ТBТ requirement
(d) guidance/law to ensure regulatory
authorities allow a reasonable period oftime between the final publication of atechnical regulation and conformity
assessment procedure and its entry into
force so that suppliers can adapt(d) Articles 2.11, 2.1, 5.8,
5.9, 7.1The State Standard of the Republic of Kazakhstan 1.2-98 SSS. The Order of working out
of state standards it is set forth that the introduction date of a standard is established notearlier than in a year from the moment of its approval.
(e) publication and notification of work
program for standards and non-governmental conformity assessmentprocedures, including publication ofnotices of draft standards and an
opportunity for public comment.(e) Article 4, Annex 3 (J, K,
L, N, 0); Article 8.1The Article 17, p.2 of the Law "On Standardization" stipulates a publication of an
official information of standards and programs of works on working-out of standards.
In the State Standard of the Republic of Kazakhstan 1.2-98 SSS. The Order of working-
out of state standards, p.3.3.3 a necessity of publication of an information of worked-out
standard or summary to it is stipulated, in order all interested persons could submit their
comments to it.
Draft program on working-out of standards is being published in a specialized edition
Information Index of Standards and Web-site of StateStandard.
In the State Standard of the Republic of Kazakhstan 3.0-94 State system of certification.
The main provisions it is said that an information received from the participants of statesystem of certification should be periodically published in information editions.
5. Development and Application of Technical 5.
Articles 2, 3, 5, 6, 7 Regulations andConformity Assessment Procedures: Existenceof legal and/or administrative underpinnings
(or "reasonable measures" as appropriate) to
ensure ongoing compliance with provisions ofthe agreement concerning, in particular:Article 2, 3, 5, 6, 7 Stipulated in:
- The Law of the Republic of Kazakhstan "On Standardization".
- The Law of the Republic of Kazakhstan "On Certification".
- The State Standard of the Republic of Kazakhstan 1.0-2000.  SSS. The Basic
Provisions.
- The State Standard of the Republic of Kazakhstan 3.0-94.  The State
Certification System.  The Basic Provisions
The main provisions, related to working out of adoption of technical regulations are
being made in the Law of the Republic of Kazakhstan "On Standardization".
The State Standard of the Republic of Kazakhstan on the order of working out and
adoption of technical regulations is being drafted.WT/ACC/KAZ/27/Rev.1
Page 4Commitments (by the time of accession) WTO ReferenceAppellations of Legislative and Normative Acts,
Containing ТBТ requirement
(a) non-discrimination with respect to the
treatment of products;(a) Articles 2.1, 3.1, 5.1, 5.2,
7.1The State Standard of the Republic of Kazakhstan 1.0-2000 SSS. Basic Provisions all
products, including imported products shall not be subject to sales, if it does not meet themandatory safety and environmental requirements, set forth in standards.
The State Standard of the Republic of Kaza khstan 3.0-94 The State Certification System.
The Basic Provisions provides non-discrimination access requirement to involvement instate system of certification of all its participants, as well as carrying out of compulsoryand voluntary certification both of domestic and import products on uniform rules.
In future the Government of the Republic of Kazakhstan is planning to make alterations
and additions to the Law "On Standardization" on the subject of general principles ofinternational standardization, including non-discrimination.
(b) the prohibition of unnecessary obstacles
to international trade and theconsideration of less trade-restrictivealternatives to fulfilling legitimateobjectives;(b) Articles 2.2, 3.1, 5.1, 5.2,
7.1In Article 9 ( 4) of the Law "On Standardization" it is provided that standards shall not
be a technical obstacle in productio n and trade with other countries.
(c) the ongoing review of technical
regulations to ensure they are appropriate
to achieve the desired legitimateobjective;(c) Article 2.3, 3.1, 7.1 Article 9, paragraph 2 of the Law of the Republic of Kazakhstan "On Standardization"
stipulates that the requirements, established by normative standard documents, should be
based on achievements of science, engineering and modern technology.
The State Standard of the Republic of Kazakhstan 1.2.-98.  The Order for State
Standards Development states that the standards should be periodically updated tocomply with modern scientific and technical achievements of advanced domestic and
foreign experience.
(d) the consideration of appropriate
international standards, guides andrecommendations as a basis for technicalregulations and conformity assessmentprocedures;(d) Article 2.4, 3.1, 5.4, 7.1 Article 9 (2) of the Law "On Standardization" and Article 13 of the Law "On
Certification " provides that the international technical regulations and standards or theirdrafts at the stage of completion thereof should be applied while the development ofstandards.
(e) the consideration of equivalent technical
regulations of other Members;(e) Article 2.7, 3.1, 7.1 Article 15 (3) of the Law "On Standardization" provides the right given to producers to
apply standards and technical regulations of foreign countries pursuant to procedure,
established by an authorized Standardization Body.
The State Standard of the Republic of Kazakhstan 1.9-99.  SSS. The Order of application
of international, regional and national standards, foreign documents on standardization,metrology, certification and accreditation, p.4. 1 points out that international standards
and legal documents of the foreign countries could be applied on the territory of the
Republic of Kazakhstan.WT/ACC/KAZ/27/Rev.1
Page 5Commitments (by the time of accession) WTO ReferenceAppellations of Legislative and Normative Acts,
Containing ТBТ requirement
(f) the acceptance of the results of
conformity assessment proceduresconducted by bodies in an exportingMember country;(f) Article 6, 7.1 The State Standard of the Republic of Kazakhstan 3.4.-94.  The State Certification
Systems of the Republic of Кazakhstan. The Certification Procedure for products.
General requirements provides that the Certification Body is able to make decision oncombination of certification tests with the tests, conducted in the production process with
participation of a representative of the Certification Body.
(g) non-discriminatory and cost-based fee
structure(g) Article 5.2, 7.1, 10.4 The State Standard of the Republic of Кazakhstan 3.2.-94 The State Certification system
of the Republic of Kazakhstan. The requirements to certification bodies and theprocedure for their accreditation determines the equivalency principle for fees, levied for
the certification of imported and domestic products.
6. Development and Application of Standards 6.
and Conformity Assessment Procedures:
- Existence of legal and/or administrative
underpinnings (or "reasonable measures"as appropriate) to ensure ongoingcompliance with provisions of theagreement concerning, in particularArticle 4 and Annex 3,
Article 8The Law "On Standardization".
The Law "On Certification".
(a) non-discrimination with respect to the
treatment of products;(a) Annex 3 (D), Article 8.1 The State Standard of the Republic of Kazakhstan 3.0-94 The State Certification System
of the Republic of Kazakhstan.  The Basic Provisions provides for the requirement of
mandatory and voluntary certification of both domestic and imported products in
accordance with single rules.
b) the prohibition of unnecessary obstacles
to international trade(b) Annex 3 (E), Article 8.1 Article 9 (4) of the Law "On Standardization", Article 13 of the Law "On Certification"
set forth that the standards should not be a technical obstacle in production and trade
with other countries.
c) the consideration of appropriate
international standards, guides andrecommendations as a basis forstandards;(c) Annex 3 (F), Article 8.1 Article 9 (2) of the Law "On Standardization" and Article 13 the Law "On Certification",
provide that international technical regulation and standards or their drafts at the stage ofcompletion should be applied while the development of standards.
d) non-discriminatory and cost-based fee
structure/ion(d) Annex 3 (M), Annex 3
(P), Articles 8.1, 10.4The State Standard of the Republic of K azakhstan 3.2.–94 The State Certification
System of the Republic of Kazakhstan. The Requirements to Certification Bodies and the
Procedure for the accreditation thereof determ ines the equivalency principle for fees,
levied for the certification of imported and domestic products.
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