RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/KAZ/32
12 October 2000
(00-4206)
Working Party on the
Accession of KazakstanOriginal:  English
ACCESSION OF KAZAKSTAN
Checklist of Illustrative SPS Issues for Consideration in Accession
The Ministry of Economy of the Republic of Kazakstan has submitted the following
information.
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Commitments (by the
time of accession )Comments
1. Standstill:
introduction of newstandards, animalhealth regulations andfood safety
regulations shall
conform to SPSAgreement principles.The legislative basis, regulating the issues of sanitary and phytosanitary measures,
applied in the republic is currently at the stage of development. The new DraftLaw of the Republic of Kazakstan ”On veterinary” has been prepared and thecurrent Law of the Republic of Kazakstan “On Quarantine of Plants” beingamended.
It is assumed, that in the legislative acts under development, the introduction of
new standards, requirements in respect of the health of animals and safety offoodstuff will comply with the basic principles of the SPS Agreement:transparency, risk assessment criteria, availability of the information, etc.
In case of any discrepancies in the requirements and standards of the RK, in
accordance with Article 21 of the Law of the Republic of Kazakstan “On PlantQuarantine” and the Article 3 of the Draft Law of the Republic of Kazakstan “OnVeterinary”, the rules of International Agreements, ratified by the Republic ofKazakstan, will be applied.
Measures on Plants Quarantine Measures on Veterinary
2.   Establishmentand operation of asingle contact point
for information
(“inquiry point”)At present, such Point has not been
established.Currently, such center in the
Republic of Kazakstan is not inplace, but the new draft Law of the
Republic of Kazakstan “On
Veterinary” provides for theestablishment of the Inquiry Point.
3. Transparency:notifications andaccess todocumentation:It is assumed, that while incorporating
the amendments and supplements to theLaw  “On Plant Quarantine”, the issuesof transparency and access to the
information will be taken into account.Veterinary Supervision Department
of the Ministry of Agriculture of theRK collects the information on stateveterinary supervision in the
Republic. Besides, since 1993, the
Republic of Kazakstan is themember of the InternationalEpizootic Bureau (IEB) and it usesthe international information in areaof veterinary, and also submit to the
members of IEB upon their request
the information on the currentWT/ACC/KAZ/32
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sanitary and veterinary situation in
the territory of the Republic.Veterinary Supervision Department
of the Ministry of Agriculture of the
Republic of Kazakstan created a website in the Internet as follows:
http://www.geocities.com/veterinary_kz/
With the help of this web site,anyone can obtain the informationon the veterinary service of therepublic, learn about the legal basis
in the republic as well as to obtain
another information. The given siteis constantly updated.
a) identification of
authority responsible
for makingnotifications to  theWTO and ensuringtransparencyobligations  are met
on  an ongoing basis;In accordance with the amendments and
supplements to the Law of the Republic
of Kazakstan “On Plant Quarantine”,which are under the development, theDepartment of Protection andQuarantine of Plants of the Ministry ofAgriculture of the Republic of
Kazakstan will be responsible for the
observation of the transparencyobligations, preparation and submissionof notices to the internationalorganizations.In accordance with the Law of the
Republic of Kazakstan “On
Veterinary”, the VeterinarySupervision Department of theMinistry of Agriculture of theRepublic of Kazakstan is thecompetent state body on veterinary
and is a responsible entity in the
Republic in respect of preparation,submission of notices to theinternational organizations,including WTO.
b) establishguidance or law
requiring publication
of proposed measuresat an early stage forcomments;The provisions of the current Law of the
Republic of Kazakstan “On Plant
Quarantine” do not provide for the
publication at an early stage of measuresunder the development for the purposesof submission of comments.The provisions of the current Law of
the RK “On Veterinary” do not
provide for the publication of at an
early stage of measures underdevelopment for the purposes ofsubmission of comments.
c ) provision in lawor administrativeprocedure to provide
copies of proposed
measures to WTOMembers; andIn accordance with the amendments and
supplements to the Law of the Republicof Kazakstan “On Plant Quarantine”,
which are under the development, the
Department of Protection andQuarantine of Plants of the Ministry ofAgriculture of the Republic ofKazakstan will be responsible for theobservation of the transparency
obligations, preparation and submission
of notices to the internationalorganizations.The Veterinary Supervision
Department of Ministry ofAgriculture (MA) of the Republic of
Kazakstan together with territorial
veterinary services carries out stateveterinary supervision. TheVeterinary Supervision Departmentof the Ministry of Agriculture of theRepublic of Kazakstan coordinates
the work related to administrative
procedures, which provide for thesubmission of proposed measures tothe IEB members.
d) require in law oradministrativeprocedure, a
reasonable period of
time for commentfrom Members andthe public, andestablishment of aprocess to take
comment into account
withoutdiscrimination.The Current Law of the Republic of
Kazakstan “On Plant Quarantine” doesnot provide for a period of time to
submit comments.The Current Law of the Republic of
Kazakstan “On Plant Quarantine”does not provide for a period of time
to submit comments.WT/ACC/KAZ/32
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4. Necessity:
measures are appliedonly to the extent
necessary to protect
human, animal orplant health.Kazakstan applies phytosanitary
measures in that degree, which necessaryi n  o r d e r  t o  e n s u r e  s a f e t y  o f  h e a l t h  o f
people, animals and plants.Kazakstan ensures observation and
application of sanitary measures inthe framework of the IEB.
5. Regulations
Based on Science:
regulations governinganimal and planthealth and food safetyshall be based onscientific evidence.Article 4 (1), subitem 3 of the Law of the
RK "On Plant Quarantine" says that
principles of implementation of the statemeasures on plant quarantine in theterritory of the Republic shall be asfollows: objective, scientifically justifiedassessment of possible impact of
quarantine objects on plant resources
and products of plant origin andprevention of possible injury, caused bythem.Any provisions and instructions
aimed at protection of animals, and
for the purposes of safety of people,they shall be subject to mandatoryexamination and approbation, andalso the International standards andnorms of the International Epizootic
Bureau shall be taken into account.
After these procedures are in placethey shall be approved by Scientificand Technical Council on Veterinaryof the Ministry of Agriculture of the
Republic of Kazakstan, which
consists of famous veterinaryscientists and veterinary specialists.
6. Harmonization:to the extent possiblemembers shall followinternationalstandards, guidelines,
and recommendations
in establishing SPSmeasures.Article 7 (1), subitem 8 of the Law of the
Republic of Kazakstan “On PlantQuarantine” sets forth, that the statephytosanitary service shall developtogether with research- scientific
organizations, the quarantine measures
based on the international norms andrecommendations and shall carry outcontrol over the fulfillment thereof byphysical persons and legal entities,
irrespective of the forms of ownership.There are standards and norms,
which ensure protection of animalsand safety of people against animals’diseases. New standards and norms,complying with the requirements of
the International Veterinary Code
and European Union are taken intoaccount in the course ofdevelopment of standards.
7. Equivalence:members shallrecognize differentmeasures that achievethe same level of
protection.Principle of equivalency is reflected in
the Law of the Republic of Kazakstan“On Plant Quarantine”, Article 13(1)Item 2 states, that quarantine measuresof other countries are recognized, if they
ensure an appropriate level of
phytosanitary protection, applied in therepublic.Being the member of the IEB,
Kazakstan shall conductconsultations is case of anydifferences in sanitary measuresapproaches and reach the agreement
to recognize the equivalency of
concrete sanitary measures.
8. RiskAssessment:developing scientificevidence andconducting risk
assessment to unsure
that measures arebased on science andapplied only to theextent necessary to
protect health.In accordance with Article 4  (1) of the
Law of the Republic of Kazakstan “OnPlant Quarantine”, the principles ofimplementation of the state measures onplant quarantine in the territory of
Republic of Kazakstan are as follows: "
objective, scientifically justifiedassessment of possible impact ofquarantine objects on plant resourcesand products of a plant origin and
prevention of possible injury, caused by
them.Veterinary practices of the republic
possesses own methods ondiagnostics, treatment and specificpreventive measures againstinfectious animals’ diseases, which
proved to be reliable in the territory
of republic. When using thesemethodologies,  risk  assessmentmethod is applied,  which includethe  elements of  observance,
scientifically justified proving,
assessment of  policy, possible riskmanagement, introduction ofmeasures  and the liquidation,  whatmeets the requirements theInternational Veterinary Code.
9. Regional In the amendments and supplements In the new Draft Law of theWT/ACC/KAZ/32
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conditions: measures
take into account theregional
characteristics both of
the areas from whichproducts originate andthe areas for whichthey are destined.being incorporated to the Law of the
Republic of Kazakstan “On PlantQuarantine”, as assumed, regional
conditions such as origin of the product,
place of its destination will be taken intoaccount.Republic of Kazakstan “On
Veterinary”, as assumed, regionalconditions such as origin of the
product, place of its destination will
be taken into account.
10. Non-discrimination:measures do notarbitrarily orunjustifiably
discriminate between
different members orbetween domestic andforeign suppliers.The same regime is applied with respect
to all foreign suppliers and domesticsuppliers. When issuing a quarantinecertificate to certify the conformity ofimported or transit products with the
necessary phytosanitary requirements,
the same criteria are applied that areused in respect of domestic suppliers.The same regime is applied with
respect to all foreign suppliers anddomestic suppliers. In case ofissuance of veterinary certificate tocertify the conformity of imported or
transit products with the necessary
sanitary requirements, the samecriteria are applied that are used inrespect of domestic suppliers.
Restrictions for the countries WTO-
members will be applied the sameway as they are currently applied, incase of unfavourable conditions withrespect to animals’ diseases inaccordance with list of A and B of
the International Epizootic Bureau.
The Republic of Kazakstan suchinformation receives from theInternational Epizootic Bureau since1993. Discrimination in respect ofdomestic or foreign suppliers is
excluded. The main requirements are
as follows: favorable conditions inthe territory where the products havebeen purchased from, conformity ofthe veterinary documents and thepermission to the importation or
transit from the country – importer.
11. Control,
inspection andapproval procedures:ensure thatprocedures, includingsystems for approval
of the use of additives
or for establishingtolerances forcontaminants infoods,  beverages or
feedstuffs comply
with Agreement.Procedures for quarantine control,
laboratory examination andphytosanitary certification are reflectedin implementing regulations, related toplant quarantine.Procedures for sanitary control,
laboratory examination andobtaining of a veterinary certificateare reflected in implementingregulations in the area of veterinary.
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