Aspects of Technical Barriers in Trade and Sanitary Measures in Trade Regarding WTO and CU Nuritdin Djamankulov November 14-15, 2012

Technical Barriers in Trade (TBT) and Sanitary and Phytosanitary (SPS) Measures in Trade The authoritative expert s of WTO (P. van Den Bossche, P.H. Ravier) note an ever increasing role of technical regulation and application of SPS measures in the world trade in comparison with the tariff measures; It is evident that the Kyrgyz authorities underestimate it!!!

TBT and SPS Measures in Trade Application of measures on harmonization of technical regulation and SPS presented the APEC countries the economic effect twice exceeding the measures on tariff decrease; 4,993 food enterprises of EU have veterinary permissions for export to CU against 10 enterprises of CU for export to EU (2011); In 2011, 28 food enterprises were refused in receiving permissions for export to CU; In 2011, the restrictions on export of milk products from KR to Kazakhstan had been introduced for about 5 months, and yet another embargo has been introduced since October 3, 2012!

WTO Regulations on TBT and SPS Measures The WTO members are entitled to impose sanitary and phytosanitary measures required for protection of life or health of people, animal or plants; Neither WTO member country shall be created hindrances to take measures required to provide quality of its export, or protection of life and health of people, animal or plants, environment protection, or prevention of deceitful practice, by that at the level this country considers reasonable; Neither WTO member country shall be created hindrances to take measures required to protect its most important interests in the sphere of security

Every country has a sovereign right to adopt technical regulations, standards, procedures of confor- mance evaluation, SPS measures it shall not create excessive hindrances for the world trade but

WTO Principles Harmonization; National regime; Non-discrimination; Scientific basis and risk assessment; Transparency

TBT and SPS Measures An idea-aspiration: One product – Same requirements; Same testing; One conformity document; Recognized everywhere Problem: How to create trust and recognition???

The CIS Agreement on a Free Trade Zone The parties in mutual trade apply technical measures, including technical regulations, standards and procedures of conformance evaluation governed by the rules and principles of the WTO Agreement on TBT; The parties are governed in mutual trade by the rules and principles of the WTO Agreement on application of SPS measures, as well as international treaties in the relevant spheres, to which they are members

The CU Agreement on TBT and SPS Measures Agreement on circulation of production subject to compulsory conformance evaluation on the customs territory; Agreement on mutual accreditation recognition of certification and test laboratory authorities; CU Agreement on sanitary measures; CU Agreement on veterinary and sanitary measures; Agreement on phyto-sanitary control; Agreement on single principles and rules of technical regulations in RB, RK and RF

TBT and SPS Measures in CU The CU considers the issues of TR and application of SPS measures with a tip of complex range of problems: provision of free circulation of production in the CU and effective control over conformity of production imported to the CU, requirements on its security. Conditions of merchandise admissibility on the territory of the CU countries with respect to TR and application of SPS measures can be divided into two parts: period before technical regulations of CU come into force (transition period); validity period of technical regulations of the CU

CU Regimes in the Sphere of TBT and SPS Measures 1. Regime of third countries (acting): in the aspects of technical regulation and SPS measures the CU applies to KR the regime, which is applied to third countries; 2. Regime of CIS (possibility of its introduction approximately in a year): the effect of the CU Agreement on elimination of TBT with CIS countries, not being members of the CU; 3. Regime of CU (terms of accession of KR bear an indefinite nature)

TBT and SPS Measures in CU New Requirements and Rules Based on the International Ones have been Introduced in the CU: Technical and sanitary requirements to production (for example, MPC on dioxin, melamine to food products, chemical compounds in textile); Requirements to production of food products (provision of traceability and safety of food products (НАССР); Administrative regulations (audit of the system of veterinary systems in third countries is introduced from the date of RF entering to WTO); Forms of conformance evaluation (state registration of the enterprises and some kinds of production); Single technical regulations of the CU

Thank you for your attention!!!!! ANY QUESTIONS????? ANY COMMENTS!!!!!