This document summarizes the key WTO regulations on technical barriers to trade (TBT) and sanitary and phytosanitary (SPS) measures. It discusses the SPS Agreement and TBT Agreement adopted in the Uruguay Round from 1986-1994. It then defines SPS measures and discusses their role in international trade. The document also examines the Kyrgyz Republic's participation in international agreements like the WTO, WHO, and EAEC. Finally, it analyzes harmonization of SPS measures in the Kyrgyz Republic in light of WTO and EAEC rules.

1. Harmonization of the application of the SPS
system in the Kyrgyz Republic in view of the
WTO rules and the rules of EAEC
Nuritdin Jamankulov
Seminar: "The development of food exports in
Kyrgyzstan."
18-19 October 2015, Bishkek, Kyrgyz Republic

2. 2
Fundamental WTO regulations in the areas of
technical regulations and SPS measures
1. During the Uruguay Round (1986-94) the following mandatory for use
documents were prepared and adopted:
Agreement on Technical Barriers to Trade (TBT);
Agreement on the Application of Sanitary and Phytosanitary Measures (SPS).
Соглашение по применению санитарных и фитосанитарных мер (СФС).
2. Agricultural products covered by both Agreements on SPS and TBT measures.
3. In accordance with item 1.5. TBT Agreement the provisions of this Agreement
shall not apply to SPS measures.
A part of SPS measures are included in the technical regulations of the EAEC for
agricultural and food products, therefore the technical regulation of the sphere of
agricultural products and application of SPS measures in the framework of the
EAEC is appropriate to consider together.

3. The notion of SPS measure
SPS measure is any measure applied:
(а) to protect the life or health of animals or plants within the territory of a WTO Member from risks arising
from the entry, establishment or spread of pests, diseases, harmful organisms;
(b) in the protection of life or health of humans or animals within the territory of a WTO Member from risks
arising from additives, contaminants, toxins or disease-causing organisms in foods, beverages or feedstuffs;
(с) to protect human life or health within the territory of a WTO Member from risks arising from diseases
carried by animals, plants or products thereof, or in connection with the entry, establishment or spread of
pests; or
(d) to prevent or limit other damage within the territory of the WTO Member from the entry, establishment or
spread of pests.

4. The notion of SPS measure
The SPS measures are:
laws, regulations, rules, requirements and procedures covering, inter alia,
requirements to the end product;
methods of processing and production;
procedures of testing, inspection, certification and approval;
quarantine regulations, including relevant requirements associated with the
transportation of animals or plants or the materials necessary for their life activity
during transportation;
provisions on relevant statistical methods, sampling procedures and methods
of risk assessment;
requirements for packaging and labeling directly aimed to ensure food safety.
Harmonisation - the establishment, recognition and application
of common SPS measures by different WTO members.

5. 5
Technical regulation and SPS measures in
international trade.
The role of the TBT and SPS measures in international trade is increasing!
• As a result of reduction of technical barriers the annual turnover within the
framework of the WTO has increased by 15%;
•Concerted measures within APEC on the harmonization of technical regulation
allowed to increase profits of the APEC members to 0.26% of GDP (the
effectiveness due to the tariff reduction (0.14% of GDP);
•In high-income countries non-tariff measures in the form of technical barriers to
trade in agricultural products add additional 4% to the average import tariffs with
the rate of 2%, while the impact of trade policies in countries with high and
middle-income countries on the agricultural sector on average accounts for 30%
of the cost of production, and thereof 20% are for technical regulations
(UNCTAD of materials).

6. SPS :
WTO: TBT and SPS measures
Protection of people and animals from risks
arising from supplements, contaminants, toxins or
disease-causing organisms in food, beverages,
animal feed.
Protection and animals and plants from pests and
diseases
Protection of human health and safety or animal
and plant life
National security;
Prevention of deceptive practices;
Environmental protection
TBTObjectives
Protection of human life and health from risks
arising from diseases transmitted by animals,
plants or products made of them

7. WTO: TBT and SPS measures
WTO approaches
Every country has the sovereign
right to:
• adopt technical
regulations, standards, conformity
assessment procedures;
• use SPS measures
It
should not create
excessive
obstacles in
international
trade
BUT

8. WTO Agreement on SPS
Elimination of excessive obstacles in trade
Non-discrimination
HarmonizationNational mode
Mutual recognition
ТTransparency
The main principles

9. WTO Agreement on applying SPS measures мер
Measures that are based on risk asses
Recognition of pests-free zones
Harmonization
Equivalence
Transparency
Disallowing arbitrary discrimination
Scientifically
grounded
measures
The main principles
Reduction of negative effects on trade

10. Participation of the Kyrgyz Republic in
international agreements and organizations
The Kyrgyz Republic is a member of:
1.World Trade Organization (WTO);
2.World Health Organization (WHO);
3.World Organization for Animal Health (OIE);
4.The International Convention on Plant Protection
(IPPC);
5.Commissions that exist under "Codex Alimentarius";
6.CIS;
7.EAEC.
> 10

11. CIS and EAEC: TBT and SPS
EAEC declares its adherence to the WTO on TBT and SPS measures:
1. Preamble of the EAEC Treaty: “Taking into account the rules,
regulations and principles of the WTO”.
2. EAEC members will take measures to bring the legal system of the
EAEC and the decisions of its organs in accordance with the WTO (from
the Customs Union Agreement on functioning of the CU in the
multilateral trading system).
3. The Members of the CIS in the mutual trade are guided by the rules and
principles of the WTO on TBT Agreements on application of SPS
measures (from the Free Trade Agreement of the CIS);

12. EAEC and WTO
1. Each member country has its own EAEC formal WTO commitments.
2. Inclusion of SPS requirements and procedures into technical regulations EAEC on
agricultural commodities.
3. EAEC is a single customs territory and a common market, common technical
regulations, common SPS requirements. However, access of agricultural goods in
the territory of the Member States may be different. Examples :
4. Each member of the EAEC has the right to introduce additional SPS measures;
5. Country exemptions were introduced in the application of veterinary measures on a
number of lines (positions) included in the Uniform list (decision of the CCC as of
23.09.2011 No. 810);
6. Importation of goods to Kazakhstan from third countries is allowed based on
veterinary requirements, different from the Uniform Requirements of EAEC (Protocol
on certain matters of import and circulation of goods in the EAEC as of 16.10.2016).

13. CIS and EAEC : TBT and SPS
4. . When joining the WTO, Russia and Kazakhstan have undertaken obligations that all
SPS measures, technical regulations, standards and conformity assessment
procedures will be developed and applied within the framework of the EAEC, in
accordance with WTO principles and rules (from the report of the WG on accession to
the WTO).
5. Belarus in the process of accession to the WTO creates its own volume of obligations,
which corresponds the most to obligations of Russia (from the Treaty on the
functioning of the Customs Union within the framework of the multilateral trading
system).

14. Accession of Kyrgyzstan to the EAEC
Accession of the KR to the EAEC means that:
The customs territory of the Kyrgyz Republic and the market are a part
of the EAEC;
The boundaries of the Kyrgyz Republic with Uzbekistan, China and
Tajikistan are EAEC customs borders;
The absence of customs and other types of control in the supply of
goods from Kyrgyzstan in the EAEC countries and vice versa;
Conditions of import of the goods in the Kyrgyz Republic from third
countries are conditions of import of goods into the EAEC.
Products imported into the Kyrgyz Republic from third countries or
produced in the Kyrgyz Republic, acquire the status of goods of EAEC.
The Kyrgyz Republic establishes the level of the SPS protection,
adopted within the framework of the EAEC.

15. Accession of Kyrgyzstan to the EAEC
From the date of coming into force of the Treaty of Accession of the Kyrgyz Republic to
the Treaty on the EAEC the acts of EAEC bodies, as well as the decision of the Supreme
Eurasian Economic Council, the decision of the ECE (CU Commission), that were in force
on the date of entry into force of the Treaty shall be applied in the territory of the Kyrgyz
Republic with consideration of the provisions specified by the Protocol concerning the
conditions and transitional provisions (Article 4 of the Treaty of accession to the Treaty
on the EAEC).
I.e., technical regulations of CU, Uniform animal health requirements of
EAEC, other acts of the ECE in the field of technical regulations and SPS
measures are in force from August 12 in the KR.

16. Accession of Kyrgyzstan to the EAEC
Access modes of goods in the Kyrgyz Republic in the technical
aspects of regulation of agricultural products:
The first mode (the transition period). From 12.08.2015 - access of products
is regulated by :
Technical regulations CU (EAEC) or
provisions of the national legislation of the Kyrgyz Republic during the 24
months (for the transitional period).
The second mode. From 12.08.17 is governed exclusively by the technical
regulations of the CU
Note. Documents of conformity, adopted within the framework of national
legislation before 12.08.2017 shall be valid until 08.12.2019

17. Accession of Kyrgyzstan to the EAEC
Year of Kyrgyzstan's participation in the EAEC. Some
conclusions:
1. There is a low level of awareness of the EAEC legislation in
the field of technical regulation and application of SPS
measures both among entrepreneurs and public bodies.
2. KR veterinary control system has not yet been recognized
as equivalent to the level of animal health protection
requirements established by the EAEC.
3. Weak inefficient public institutional support in the fields
of technical regulations and application of SPS measures.
4. Insufficient level of technical competence of the
laboratory infrastructure in the Kyrgyz Republic.

18. EAEC: TBT and SPS
On the system of TBT and SPS in the EAEC in terms of
the WTO
:
1. The principle of scientific approach and risk assessment: A brief comment :
•It was stated in the EAEC Treaty;
•There are disputes regarding the non-compliance (Example: The levels of tetracycline
group in production);
•The SPS measures in the EAEC are not applied based on the risk analysis methods
based on the relevant standards of international organizations.
2. The principle of harmonization of SPS measures and technical regulations with
international standards: A short comment :
•It was stated in the EAEC Treaty;
•The degree of harmonization of EAEC technical regulations on food products with
international standards is 40% (source: Rospotrebnadzor)

19. EAEC: TBT and SPS
3. The principle of non-discrimination. Brief comment:
• This principle is not formulated in the EAEC Treaty;
• Cases of discrimination are allowed within the framework of the EAEC:
• Cases of discrimination are allowed within the framework of the EAEC:
 Decision of the CUC on October 18, 2011 №833 the systems of checking objects of veterinary
control have been established by authorities of Belarus, Kazakhstan and Russia, were
recognized equivalent a priori. Kyrgyzstan will have to prove the equivalence of their systems
through the assessment (audit).
 According to the Protocol on certain issues import and circulation of products in the EAEC of
10/16/2016 to goods from WTO countries can be delivered to Kazakhstan based on veterinary
requirements that differ from the Uniform Requirements of EAEC, while, for example, from
Kyrgyzstan products must comply only with the Uniform requirements of the EAEC .
тан

20. EAEC: TBT and SPS
4. Principle of recognition of equivalence: A brief comment:
• There is a decision of the CCC of October 18, 2011 №835 «On the equivalence of sanitary,
veterinary and phytosanitary measures, and a risk assessment." But:
 There is no information on the signing of the recognition of equivalence agreements.
• Application of the principle of equivalence in the field of technical regulation has the nature of a
recommendation:
 In developing the EAEC technical regulations the regulations of third countries are used, in
particular the EU countries’ regulations (EEC Council Decision of 20 June 2012 №48).
5. The principle of regionalization: A brief comment:
• In accordance with the decision of the CCC on October 18, 2011 №835 in risk assessment
the recognition of zones free of pests and diseases should be taken into account.
However, there is still no regulatory support from the ECE.

21. EAEC: TBT and SPS
6 The principle of transparency: A brief comment:
 The obligations under the WTO in terms of ensuring transparency do
not apply to the EAEC. Each country should implement this principle
independently.
 The WTO Secretariat report "Review of the Kyrgyz Republic Trade
Policy" dated October 1, 2013 noted the lack of a long-term Reference
point for SPS measures.
 In EAEC there is no coherent picture of the conditions of access of
goods to the EAEC in the aspects of TBT and SPS measures.
 There is a breach of this principle by the EAEC member states.
Example, in February 2016, Kazakhstan introduced a ban on the import
of dried fruits and persimmons without sending a notification.

22. EAEC: TBT and SPS
7 . Principle of voluntary application of standards (TBT Agreement):
Brief comment: According to the EAEC Treaty:
• ECE sets the list of standards, as a result of applying them of a
voluntary bases compliance with the requirements of technical
regulations of EAEC is ensured. In the case of non-application of the
standards included in the above list, conformity assessment is carried
out on the basis of risk analysis. (In the absence of documented
procedures established for the analysis of risk, the standards from the List of
standards actually become mandatory).
 ECE establishes a closed list of standards for the methods of tests. (1)
In some cases, the standards become mandatory; 2) excludes the right to
directly apply international standards that are not included in this list).

23. EAEC: TBT and SPS
8 . Principle of recognition of conformity assessment results (Article 6 of the TBT
Agreement): A brief comment:
• The application of this principle in the EAEC in relation to third countries is expected
in the future in the framework of the EAEC Agreement “On the procedure and
conditions for the elimination of technical barriers in trade with third countries.” There
is a separate EAEC agreement on CIS countries.
• Within the framework of the EAEC Treaty the Member States mutually recognize
accreditation of conformity assessment bodies, but do not recognize accredited in
third countries, carried out in the framework of international organizations (ILAC).
However, during WTO accession Kazakhstan will accept the results of conformity
assessment procedures for the conformity assessment bodies of the WTO members
due through membership of the national body for accreditation of Kazakhstan in the
international accreditation organizations (ILAC).

24. ВТО и частные стандарты.
WTO and private standards
1. Market access: There are two opinions. The main discussions in the WTO on the private
standards of WTO members:
1) Private standards allow providers improve the quality of their products and to meet the highest
demands.
2) Private standards are more restricting access to the market in comparison with the formal
requirements.
2. Development: A number of WTO members expressed concern about the costs of compliance
with private standards and additional certification costs.
3. WTO Legislation: There are two opinions among the members of the WTO:
1) The use of private standards is a legitimate private initiative.
2) It is the responsibility of the Governments-importers. Private standards do not meet WTO
requirements (transparency, scientific validity of SPS measures) and restrict trade more than is
necessary from the point of view of public health.
2. In Russia, there is a tendency of establishing private standards by retail nets. Thus:
•There are conditions for access of products to the market, established by the state;
•There are conditions of providing a commercial place for the production formulated by

25. WTO and private standards
Examples of private standards:
•GlobalGAP;
•The Global Initiative for Food Safety;
•ISO 22000: Food safety management systems;
•Safe Quality Food / SQF / 1000 and 2000;
•ISO 22005: Traceability in the feed and food chain;
•Global Standard for Food of the British Retail Consortium;
•QS Qualität Sicherheit, Quality Assurance;
•The Food and Drink Federation: The technical standard for the delivery of
identified genetically unmodified food components and products of the British
Retail Consortium.

26. THANK YOU VERY MUCH FOR YOUR
ATTENTION!!!