3.107.  The ministries and agencies responsible for SPS controls at the border include mainly the Committee on Food Security (CFS) under the Government, the Ministry of Health and Social Protection (MOH), and the Customs Service

3.108.  Under the CFS: the State Veterinary Supervision Service is in charge of veterinary-related controls; the Department of Food Security, through its three regional divisions and 36 state food safety control points, is responsible for SPS control at the border; the National Diagnostics of Food Safety conducts research work through its three regional centres and 19 city centres for food safety diagnostics; and the State Service on Phytosanitary Inspection and Plant Quarantine takes care of phytosanitary inspection and quarantine for plants and seeds

3.109.  Under the MOH, the Agency for Public Health is responsible for sanitary and epidemy control. Imports of processed food products must have sanitary documents ("passports"). The MOH has controlling officers at the border to inspect, analyse, and issue "sanitary and epidemiology conclusions" before customs can clear consignments. Both the goods (such as processed food products, chemicals, and radioactive substances), and the vehicles bringing in the imports, must undergo inspection and obtain a conclusion before they may enter the territory. Goods are tested in toxicology labs to determine compliance with maximum residue levels, and a conclusion is only given to complying goods

3.110.  The authorities stated that, among all the 17 technical regulations, 4 are related to SPS requirements: on juice products from fruit and/or vegetables; on feed and feed additives; on food products, meat and meat products; and on milk and dairy products (Section 3.3.2). Among these four, the Government Resolution No. 190 on Technical Regulation of Food Safety, Safety of Meat and Meat Products, Safety of Milk and Dairy Products, 2016 stipulates SPS requirements on microbiological, physico-chemical, chemico-toxicological, and radiological indicators

3.111.  The Department of Agriculture Policy and Food Security's Monitoring Unit of Food Security and WTO Issues, under the Ministry of Agriculture, is the enquiry point under the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), while the Department of WTO Affairs, under the MEDT, is the notification authority.[68] Tajikistan has not made any notification to the WTO under the SPS Agreement since its accession in 2013. No STCs were raised against Tajikistan in the SPS Committee since 2013

3.112.  Tajikistan is a member of the World Organization for Animal Health (OIE), the Codex Alimentarius, and the International Plant Protection Convention (IPPC). The authorities stated that laws and SPS-related legislation were harmonized with the requirements of the WTO, the OIE, the IPPC, and other international regulatory legal acts

3.113.  At the regional and bilateral levels, Tajikistan has signed: the Agreement on Plant Quarantine of the CIS member States, in 2016; the Agreement in the Field of Phytosanitary and Plant Quarantine, with Uzbekistan, in 2018; the Complex of Joint Actions of the CIS member States for the Prevention and Control of Rabies for the period up to 2025, in 2017; the Agreement on Cooperation in the Field of Veterinary, with Azerbaijan, in 2018; the Memorandum on Cooperation in the Field of Veterinary, with the Kyrgyz Republic, in 2014; the Interregional Cooperation of the Russian Federation and the Republic of Tatarstan, in 2016; and the Uniform Rules of State Veterinary Supervision for International and Interstate Transportation of Livestock Goods, in 2016, through the Argus Automatic System

3.114.  The Trade Portal (https://tajtrade.tj/?l=en), launched in April 2019, provides a step-by-step description of import and export procedures, including legislation related to SPS measures (Table 3.13)

3.115.  The authorities stated that, in Tajikistan, about 10%-15% of agricultural harvest is lost due to pests and disease, and thus the CFS carries out inspections, both at the border and domestically, on agricultural produce, to protect the national territory from diseases

3.116.  Products subject to SPS requirements, if imported, must have documents confirming their quality and safety. Measures adopted at the border include: mandatory veterinary and phytosanitary diagnostic studies; preventive treatment of exported products; and registration of relevant accompanying documents

3.117.  To import animal and animal products, veterinary certificates and other documents of veterinary control and supervision, issued by veterinary specialists of the CFS, are required. When importing and exporting live animals, they are subject to a 10-day compulsory quarantine requirement

3.118.  To import food and food products, a veterinary permit, or an import quarantine permit, issued by the CFS, is required

3.119.  Under Law No. 751 on the Permitting System, 2011, when importing and exporting plants and plant products, phytosanitary certificates are required. The products must be free from quarantine pests, diseases, and weeds, and the cargo must be free from all types of pests, plant diseases and weed seeds. Government Decree No. 510 on Approval of the List of Quarantine Materials, 2010 lists plants that are allowed to be imported into Tajikistan. Phytosanitary risk analysis takes into account of the age of the plants, the degree of spreading of the pests, and the application of pesticides, among others

3.120.  Other rules governing the importation of plants (fruit, planting materials, plant pests, pathogens, plant products, soil, and vegetables) are contained in: Law No. 1567 on Quarantine and Protection of Plants, 2019; Government Decree No. 450 on the Rules and Norms of Plant Quarantine, 2013; and the requirements of the IPPC. The authorities stated that, currently, 123 types of products are subject to compulsory phytosanitary and quarantine inspections in Tajikistan

3.121.  Importation of genetically modified organisms (GMOs) is regulated under the Law on Biosafety and Bio-Protection. The Institute of Botanica, Genetics and Physiology is currently conducting a study on GMOs. An inter-ministerial working group, composed of the CFS, Tajikstandard, and the MOH, was established to regulate GMOs, including establishing admissible GMO levels in food. Imports of GMOs must be clearly labelled

3.122.  Regarding SPS measures on exports, local laboratories test and certify exports. In addition, veterinary certificates, export quarantine permission, and phytosanitary certificates are required for different products. The Government requires: mandatory veterinary and phytosanitary diagnostic studies; preventive processing of export products, through fumigation by the CFS; registration of all relevant documents; and when exporting live animals, a mandatory 10-day quarantine, and examination of the state of the region for certain infectious diseases

3.123.  As with imports, the CFS is also in charge of issuing phytosanitary, veterinary, and other SPS-related certificates and documents for exports

3.124.  The WTO Standards and Trade Development Facility (STDF) organized capacity-building activities for Tajikistan. Tajikistan's agriculture potential faces many challenges regarding compliance with international requirements, including the duplication of safety controls on food products, fragmented surveillance of agricultural value chains, and lack of coordination between agencies.[69] Tajikistan lacks an efficient registration system for pesticides, an effective monitoring system, and laboratories. The excessive use of pesticides, and the low quality of the pesticides on the domestic market, affect food safety and public health negatively. Thus, in 2018, the STDF began its project to improve food safety in honey and apricots, to boost their exports, through improving the understanding and management of agri-chemicals and veterinary medicines. This project is to terminate in 2021

3.125.  In 2017-18, the STDF implemented a project on shaping market access by building phytosanitary capacity,[70] to address complaints raised by some of Tajikistan's trading partners. According to these complaints, the national plant protection agency the State Service on Phytosanitary Inspection and Plant Quarantine under the CFS had several non-compliance incidents related to the detection of plant pests. Thus, the STDF implemented this project with the intention of strengthening the capacity building of the national plant protection system to enhance market access

3.126.  In 2015-16, the STDF implemented a project to improve food control to meet international requirements. This project was terminated on 30 September 2016.[71]

3.100.  The technical regulation on food labelling requires that labelling contain the following information: name, best before date, instructions for use, safekeeping and cooking, the name and location of the manufacturer, indicators of the nutritional value, ingredients, the presence of components obtained with the use of genetically modified organisms, and the amount (weight). According to the Law on Protection of Consumer Rights, each product in circulation in the territory of Tajikistan must be labelled, including in Tajik. This also applies to imported products

3.101.  The technical regulation on packaging applies to almost all types of packaging on products in circulation in the territory, regardless of their country of origin. Packaging is divided into the following types, according to the materials used: metallic, polymeric, paper of cardboard, glass, wooden, composite materials, textile materials, and ceramic. However, it does not cover packaging for pharmaceutical products, medical devices, medicines (drugs), tobacco products, or dangerous goods

3.102.  In accordance with the Law No. 759 on Conformity Assessment, 2011, Tajikstandard is in charge of conformity assessment. Previously, the Accreditation Department under Tajikstandard engaged in the accreditation of certification bodies and testing laboratories. Since 18 November 2015, by Government Resolution No. 674 on the National Accreditation Centre, a state unitary enterprise was established, and replaced the Accreditation Department. As at 1 January 2019, 288 subjects of accreditation were registered: of these, 23 were conformity assessment bodies, 170 were testing laboratories, 5 were calibration laboratories, and 90 were medical laboratories

3.103.  The operation of the National Accreditation Centre is based on the Law on Conformity Assessment and on the requirements under ISO/IEC 17011. The Centre is a member of: the Interstate Council for Standardization, Metrology, Certification and Accreditation of CIS countries. Representatives of the Centre participate actively in the work of the Scientific and Technical Commission for Accreditation, and of the working group for the Creation of a Regional Accreditation Organization; and the Interregional Association for Standardization, Metrology, Certification and Accreditation. Representatives of the Centre participate actively in the work of the Council for Strategy and Business Development

3.104.  The National Accreditation Centre is an associate member of the Asia Pacific Accreditation Cooperation (APAC).[66] The authorities indicated that they are making efforts to become a full member of the APAC, which will contribute to Tajikistan being recognized by the International Laboratory Accreditation Organization (ILAC), and the International Accreditation Forum (IAF)

3.105.  Mandatory confirmation of compliance is carried out in the form of mandatory certification. The order and procedures for the performance of work, and payment for the certification work for identical domestic and imported goods, are the same. At the time of accession to the WTO, a list of 173 products were subject to compulsory conformity assessment.[67] The authorities indicated that this list was a much-shortened one (down 75% from the period before accession). The Government is making efforts to reduce the number of items on the list further, through the adoption of technical regulations. For example, the certification of food products intended for children and adolescents, low-voltage equipment, petroleum products, and building materials are conducted only on the basis of the required technical regulations

3.106.  To reduce technical barriers to international trade, in accordance with the Law on Conformity Assessment, a joint order on the procedure of importing products subject to mandatory certification was issued by the Customs Service and Tajikstandard in 2014. They introduced a conditional release regime, which enables the release of import consignments, and specifies a time-frame within which importers must obtain conformity certification. Since 2014, Tajikistan recognizes third-party conformity assessments carried out overseas, by reciprocity. They are mainly from the CIS countries with which Tajikistan has signed mutual recognition agreements, and with Uzbekistan under a bilateral agreement. Tajikistan does not accept producers' declarations of conformity

3.90.  Legislation on standards and technical regulations is contained mainly in: Law No. 668 on Standardization, 2010; and Law No. 522 on Technical Regulation, 2009

3.91.  The Agency of Standardization, Metrology, Certification and Trade Inspection Tajikstandard is the national standards body, the national quality certifying body, the national laboratory accrediting body, and the national metrology body. It is the national enquiry point under the WTO TBT Agreement. It is in charge of developing, acquiring, improving, and storing national standards for units of measurement, on type approval and calibration of measuring instruments

3.92.  Tajikstandard is a correspondent member of the International Organization for Standardization (ISO). It is an associate member of the International Organization for Legal Metrology (OIML), and a full member of the Euro-Asian Cooperation of Public Metrological Institutions (COOMET). It is also a member of the Interstate Council for Standardization, Metrology and Certification of CIS countries. It is not a member of the International Electrotechnical Commission (IEC)

3.93.  At the time of accession to the WTO, Tajikistan signed a number of TBT-related regional/bilateral agreements and memoranda of understanding (MOUs):[63] Agreement on Carrying out the Coordinated Policy on Standardization, Metrology and Certification of CIS Countries; Agreement on the Basis of Harmonization of Technical Regulations of the Eurasian Economic Community Countries; Agreement between Tajikistan and Belarus on Cooperation in Standardization, Metrology and Certification Related Areas; Agreement between Tajikistan and Ukraine on Cooperation in Standardization, Metrology and Certification Related Areas; Agreement between Tajikistan and Turkmenistan on Cooperation in Standardization, Metrology and Certification Related Areas; Protocol on Cooperation between Tajikstandard and the Standards Institute of Turkey; Agreement between Tajikistan and Azerbaijan; Agreement between Tajikistan and Armenia; Memorandum of Understanding between Tajikstandard and the National Agency on Standards of Afghanistan; and Memorandum of Understanding between the Ministry of Economic Development and Trade of Tajikistan and the Institute of Standards and Industrial Research of the Islamic Republic of Iran

3.94.  Tajikstandard also signed an MOU with the Standardization Administration of China in the field of standardization. In 2014-16, the Federal Institute of Physical and Technology in Germany helped Tajikstandard to modernize the technical infrastructure of laboratory standards of mass

3.95.  Tajikistan was not subject to any specific trade concerns (STCs) raised in the WTO TBT Committee over the review period.[64]

3.96.  The process of developing standards is regulated according to the Law on Standardization. Draft standards are prepared by individuals, legal entities, public organizations, associations, or other interested parties "in accordance with the standards development programme".[65] The developer of the draft standard submits it to interested parties for comments for a minimum of two months. The agreed draft standard, an explanatory note, and a summary of feedback from the comments collected, are then sent to Tajikstandard for adoption. After adoption, the standard is published, and is available at Tajikstandard's library. Standards are typically reviewed every five years

3.97.  The authorities indicated that, as at 1 January 2019, there were 25,848 interstate standards, which are standards developed by technical committees of the Interstate Council for Standardization, Metrology and Certification of CIS countries. They accounted for 97.7% of all active standards in Tajikistan. The other 2.3% of active standards are national ones (596). Among the interstate standards, 29% are harmonized with ISO standards. Tajikistan is not a full member of ISO and cannot directly adopt ISO standards as national ones but can adopt them indirectly via corresponding interstate standards. Among the interstate standards, mechanical engineering accounted for the biggest portion (18.7%), followed by general technical and organizational documents (16.7%) (Chart 3.2)

3.98.  Standards may become compulsory, i.e. technical regulations. To date, Tajikistan has 17 technical regulations, of which 6 were notified to the WTO under the Agreement on Technical Barriers to Trade. Five of the notifications were made by Tajikstandard, and one was made by the Ministry of Economic Development and Trade (MEDT) (Section 3.1.5). All notifications were on technical regulations of different products, for the protection of human health and safety (Table 3.12). Technical regulations normally enter into force six months after adoption, and Members have 60 days for comments after notification. All technical regulations were published at www.standard.tj in Tajik and Russian. Technical regulations are reviewed at least every seven years

3.99.  The other technical regulations, not yet notified to the WTO, are: Government Resolution No. 29, 2014: Food Labelling; Government Resolution No. 30, 2014: Requirements for the Safety of Motor Gasoline, Diesel Fuel, Fuel Oil, and Jet Engine Fuel; Government Resolution No. 338, 2014: Security of Building Materials and Products; Government Resolution No. 642, 2014: Juice Products from Fruits and (or) Vegetables; Government Resolution No. 811, 2014: Safety of Feed and Feed Additives; Government Resolution No. 136, 2015: Safety of Liquified Petroleum Gases; Government Resolution No. 236, 2015: Safety of Gas-Powered Apparatus; Government Resolution No. 189, 2015: Safety of Low-Voltage Equipment; Government Resolution No. 190, 2016: Safety of Food Products, Safety of Meat and Meat Products; Government Resolution No. 190, 2016: Safety of Milk and Dairy Products; and Government Resolution No. 512, 2016: Safety of Furniture Products