RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/27
22 September 2000
(00-3792)
Working Party on the
Accession of KazakstanOriginal:  English
ACCESSION OF KAZAKSTAN
Checklist of Illustrative TBT Issues for Consideration in Accession
of the Republic of Kazakstan
The Ministry of Economy of the Republic of Kazakstan has submitted the following
information.
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Commitments (by the time of
accession)WTO Reference Appellations of Legislative and
Normative Acts, Containing ТBТ
requirements
1. Standstill:  the introduction ofnew standards, technical regulations
and conformity assessment procedures
should be fully compatible with theTBT AgreementGenerally agreed principle
in WTO accession
negotiationsArticle 9(2) of the Law "On
Standardization" states, that,
international technical regulations and
standards or the drafts thereof at thestage of completion shall be appliedwhile the development of standards.
In accordance with Law of theRepublic of Kazakstan "OnStandardization”, while the
development of standards,
international technical regulations andstandards or their drafts at the stage ofcompletion thereof are applied, exceptfor  the cases of non-compliance with
the requirements on life and health
safety, as well as environmentalrequirements and technical norms,adopted in the Republic of Kazakstan.(Article 9.2.2)
In accordance with the Law of the
Republic of Kazakstan "On
Certification", international technicalregulations and standards or their draftsat the stage of completion thereof shallbe applied as the basis for thedevelopment of certification normative
documents, except for the cases, when
they are non-efficient or unsuitable,because their level is insufficient toensure the  provision of health and lifesafety, or due to essential technologicalproblems.
Article 13 (2).WT/ACC/KAZ/27
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Commitments (by the time of
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Normative Acts, Containing ТBТ
requirements
2. Submission of Statement onImplementation 2Article 15.2 and TBT
Committee Decision(G/TBT/1) The Committee on Standardization,
Metrology and Certification of theMinistry of Energy, Industry and Tradeof the Republic of Kazakstan will
ensure notification of Kazakstani
standardization programs from themoment of the accession of theRepublic of Kazakstan to the WTO.
3. Establishment and operation of asingle Contact Point for Information("inquiry point")Article 10 Article 17 (4) of the Law "On
Standardization" provides for theestablishment of the Informational
Centre (Enquiry Point) for the purposes
of interaction with internationalorganizations.
The established State Informational
Center of Standards of the Committee
on Standardization Metrology and
Certification of the Ministry of Energy,Industry and Trade is responsible forthe implementation of Articles 10.1and 10.3 of the TBT Agreement.
4. Identification of authorityresponsible for notifications,
publications and other internal
procedures to ensure transparencyobligations are met on an ongoingbasis:Articles 2, 3, 5, 7, 10, 15.2,
Annex 3 and G/TBT/1Article 17 (4) of the Law "On
Standardization" provides for the
establishment of the Inquiry Point,
responsible for the submission tointerested persons of notifications,appropriate documentation related tostandards and certification procedures.The same requirement is contained in
the Standards (ST) of the Republic of
Kazakstan (RK) 1.0-98." The StateStandardization System (SSS).  BasicProvisions".
In accordance with the Law of the
Republic of Kazakstan "OnStandardization”, the Inquiry Point ofthe Republic of Kazakstan , which iswithin the system of the authorizedstate body on standardization,
metrology and certification is
responsible for notification, publicationand other internal procedures to ensuretransparency obligations are met on anongoing basis. Article 17(4).
(a) identification of publication wherenotices of proposed technical
regulations and conformity assessment
procedures will appear(a) Articles 2.9.1, 3.1,5.6.1,
7.1, 10.1.5Informational Bulletin "Vestnik
informatzionnogo tzentra standsartov”,
publication in the Internet
Address:http://www.gosstandard.banknet.kzWT/ACC/KAZ/27
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Commitments (by the time of
accession)WTO Reference Appellations of Legislative and
Normative Acts, Containing ТBТ
requirements
(b) identification of authorityresponsible for making notifications tothe 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 for theestablishment of the Inquiry Point,responsible for the submission to
interested persons of notices,
appropriate documentation and theinformation, related to standards andcertification procedures. The samerequirement is contained in the S Т of
the РК 1.0-98"SSS. The Basic
Provisions".
In accordance with the Law of the
Republic of Kazakstan "OnStandardization”, the Inquiry Point  is
the entity, responsible for making
notifications to the WTO.
(c) guidance/law to ensure regulatoryauthorities afford non-discriminatoryconsideration of comments in thepreparation 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 (1,2) of the Law "On
Standardization" states, that the officialinformation on adopted standards andthe standards under development, aswell as the standards themselves shallbe available to users, including foreign
users for the purposes of submission of
comments on developed draft standardsand the documents itself.  The S Т of
the РК 1.0-98".  The SSS.  The Basic
Provisions" sets forth, that the bodies,
which approved standards shall provide
users with the information on them andthe standards themselves pursuant tothe statutory procedure for the purposesof submission of comments ondeveloped draft standards and the
documents itself.
(d) guidance/law to ensure regulatory
authorities allow a reasonable period oftime between the final publication of atechnical regulation and conformityassessment procedure and its entry intoforce so that suppliers can adapt(d) Articles 2.11, 2.12, 3.1,
5.8, 5.9, 7.1Article 9 (2) of the Law "On
Standardization” stipulates publicationof summaries or draft standards for thepurposes of discussion thereof,preparation of remarks and comments.
The SТ of the РК 1.0-98" SSS. The
Basic Provisions" states, that officialpublication shall be carried within theterms before the entry into force,immediately after the adoption thereof .WT/ACC/KAZ/27
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Commitments (by the time of
accession)WTO Reference Appellations of Legislative and
Normative Acts, Containing ТBТ
requirements
(e) publication and notification ofwork program for standards and non-governmental conformity assessmentprocedures, including publication of
notices of draft standards and an
opportunity for public comment.(e) Article 4, Annex 3 (J, K,
L, N, 0);Article 17 (1) of the Law "On
Standardization" provides for themandatory provision of officialinformation on standards under the
development.
The ST of the РК 3.0-94" The State
Certification System. The BasicProvisions" sets forth, that theinformation received from the
participants of the state certification
system shall be periodically publishedin informational editions.
Annual program  on planned and
developed standards, including
conformity assessment procedures ispublished  in special  informationaledition.
5. Development and Application ofTechnical 5. Articles 2, 3, 5, 6, 7Regulations and ConformityAssessment Procedures: Existence of
legal and/or administrative
underpinnings (or reasonablemeasures" as appropriate) to ensureongoing compliance with provisions ofthe agreement concerning, in
particular:Article 8.1 The Law of the Republic of Kazakstan
"On Standardization".
The Law of the Republic of Kazakstan
"On Certification" .
The SТ of the РК 1.0-98"SSS. The
Basic Provisions". The S Т of the РК
3.0-94" The State Certification System.
The Basic Provisions"
(a) non-discrimination with respect to the treatment of 
products;(a) Articles 2.1, 
3.1,5.1,5.2, 7.1 The SТ РК 1.0-98" SSS. Basic
Provisions" all products, including
imported products shall not be subjectto sales, if it does not meet themandatory safety and environmentalrequirements, set forth in standards.
The SТ of the РК 3.0-94" The State
Certification System. The BasicProvisions" provides that non-discrimination requirement withrespect to participation in the state
certification system of all the
participants thereof, as well as carryingout of mandatory and voluntarycertification both of domestic andimported products in accordance withsingle rules.WT/ACC/KAZ/27
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Commitments (by the time of
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requirements
(b) the prohibition of unnecessaryobstacles to international tradeand the consideration of less trade-restrictive alternatives tofulfilling legitimate objectives;(b) Articles 2.2, 
3.1,5.1, 5.2, 7.1In Article 9 (4) of the Law "On
Standardization," it is provided, thatstandards shall not be a technicalobstacle in production and trade withother countries.
The ST of the RK 1.0-98" SSS. The
Basic Provisions" provides, that thestandards shall be developed in such away, that they do not create obstaclesin trade.
(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 The S Т of the РК 1.0.-98" Procedure
for State Standards Development",
states that the standards shall be
periodically updated to comply withmodern scientific and technicalachievements of advanced domesticand foreign experience.
(d) the consideration ofappropriate international standards, guides and recommendations as a basis for technical regulations and conformity assessment 
procedures;(d) Article 2.4, 3.1,5.4, 
7.1Article 9 (2) of the Law "On
Standardization”" and Article 13 of theLaw "On Certification" provides that,the international technical regulationsand standards or their drafts at the stageof completion thereof shall be applied
while the development of standards.
The SТ of the РК 1.0-98" SSS. The
Basic Provisions" provides, that whilethe development of standards, it isrequired to take into account the drafts
at the stage of completion thereof and
the adopted international and regionalstandards.
(e) the consideration ofequivalent technical regulations of
other Members;(e) Article 2.7, 3.1,7.1 Article 15 (3) of the Law "On
Standardization" provides for the right
of producers to apply standards and
technical regulations of foreigncountries pursuant to procedure,established by an AuthorizedStandardization Body . The Draft of theSТ of the РК 1.0 - 2000 "SSS. The
Basic Provisions" also contains this
requirement .
(f) the acceptance of the results of conformity assessmentprocedures conducted by bodies in an exporting Member country;(f) Article 6, 7.1  The S Т of the Republic of Kazakstan
3.4.-94"The State CertificationSystems of the РК. The Certification
Procedure for products. General
requirements" provides, that the
Certification Body  an make a decisionon combination of certification testswith the tests, conducted in theproduction process with participationof a representative of the Certification
Body .WT/ACC/KAZ/27
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Commitments (by the time of
accession)WTO Reference Appellations of Legislative and
Normative Acts, Containing ТBТ
requirements
(g) non-discriminatory and cost-based fee structure(g) Article 5.2, 7.1, 
10.4The SТ of the РК 3.2.-94" The State
Certification system of the РК. The
requirements to certification bodies andthe procedure for their accreditation"
determines the equivalency principle
for fees, levied for the certification ofimported and domestic products.
6. Development and Application ofStandards 6. and ConformityAssessment Procedures:Existence of legal and/or
administrative underpinnings (or"
reasonable measures" as appropriate) toensure ongoing compliance withprovisions of the agreementconcerning, in particular:Article 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 8.1The SТ of the РК 3.0-94" The State
Certification System of the РК. The
Basic Provisions" provides for the
requirement of mandatory andvoluntary certification of both domesticand imported products in accordancewith  single rules.
b) the prohibition of unnecessaryobstacles to international trade(b) Annex 3 (E), 
Article 8.1Article 9 (4) of the Law "On
Standardization" sets forth that the
standards shall not be a technical
obstacle in production and trade withother countries.
The SТ of the Republic of Kazakstan
1.0-98" SSS. The Basic Provisions"
provides that the standards shall be
developed in such a way in order notcreate an obstacles in trade.
c) the consideration of appropriate international standards, guides and recommendations as a basis for 
standards;(c) Annex 3 (F), 
Article 8.1Article 9 (2) of the Law "On
Standardization” and Article 13 theLaw "On Certification", provide that,international technical regulation and
standards or their drafts at the stage of
completion shall be applied while thedevelopment of standards.
The SТ of the Republic of Kazakstan
1.0-98" SSS. The Basic Provisions"
provides, that while the development of
standards, it is necessary to considerthe drafts at the stage of completionthereof and take into account theadopted international and regionalstandards.WT/ACC/KAZ/27
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Normative Acts, Containing ТBТ
requirements
d) non-discriminatory and cost-based fee structure/ion(d) Annex 3 (M), 
annex 3(P), Articles 8.1, 10.4The SТ of the РК 3.2. - 94.  The State
Certification System of the РК. The
Requirements to Certification Bodiesand the Procedure for the accreditation
thereof, determines the equivalency
principle for fees, levied for thecertification of imported and domesticproducts.
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