3.146.  As with technical regulations and standards, the membership of the Kyrgyz Republic in the EAEU involves a sanitary and phytosanitary (SPS) regime of shared and exclusive competencies between the EEC and the national regulatory authorities. During the review period, the Kyrgyz authorities introduced legislation that implements a common framework for EAEU member States, including revisions and amendments to national legislation to bring it line with EAEU requirements

3.147.  The EAEU rules include a unified regime for sanitary, veterinary, and SPS quarantine measures (Table 3.20). SPS legislation at the EAEU level comprises a set of decisions taken at Council, Board, and EEC levels, and includes rules governing the application of veterinary and sanitary measures; the interaction of authorized bodies of the member States in the application of temporary measures; joint inspections and sampling; laboratory testing, confirmation of conformity, and the issuance of veterinary certificates; and the establishment of maximum permissible levels of residues of veterinary drugs in non-processed food products of animal origin (Table A3.4). A certain number of technical regulations were also adopted, covering food safety in general, as well as specific regulations addressing the safety of milk and dairy products, meat and meat products, fish and fish products, grain, marking and packaging of food products, and feed and feed additives. The EEC established lists of high-risk and low-risk goods that may be subject to SPS quarantine at the border of the Customs Union.[252]

3.148.  At the national level, Parliament adopted two SPS-related laws one on veterinary medicine, and another on the identification of animals and products of animal origin during the review period. The Government passed a number of resolutions covering veterinary and SPS issues (Table A3.5). In addition, the State Inspectorate for Veterinary and Phytosanitary Safety (SIVPS) developed strategic plans for the prevention and control of murrains, small animal plague, rabies, and sheep pox; the fight against brucellosis, anthrax, and echinococcosis; and the control of bovine leukaemia. It also established rules for epizootic monitoring; the taking and selection of pathological material, blood, and feed to be submitted for laboratory examination, analysis, and research; and the fight against especially dangerous and socially significant diseases of farm animals. In addition, it issued instructions containing recommendations for ensuring the biological safety of animal owners when handling animals, and for the active surveillance of animals to diagnose diseases, as well as standard operating procedures for: (i) personal protective equipment; (ii) procedure sampling in the field; (iii) areas of control (supervision); (iv) sending samples to a national or regional laboratory; (v) the delivery of samples to international laboratories; (vi) the disposal of small animal carcasses and materials; and (vii) the decontamination of an infected farm. Moreover, on 2 May 2019 the SIVPS issued an order approving the methods of sampling for laboratory studies carried out in the framework of active epizootic monitoring

3.149.  Prior to the accession of the Kyrgyz Republic to the EAEU, road maps were developed for the harmonization of Kyrgyz legislation and the alignment of its customs infrastructure, including facilities for SPS controls and quarantine, with EAEU requirements. With no detailed assessment of the outcome of work undertaken, it was decided at the level of Heads of State to abolish customs controls on the Kyrgyz-Kazakh border as from 12 August 2015. The Council removed the quarantine control system effective from 18 November 2015. However, this did not resolve all issues. Due to objections from Kazakhstan, phytosanitary controls were maintained until 26 October 2016, and veterinary-sanitary controls are still performed at the Kyrgyz-Kazakh border because the Kazakh authorities question whether the veterinary inspection system in the Kyrgyz Republic is equivalent to the systems of other EAEU member States.[253] Some progress has been made. Low-risk goods, e.g. processed meat and dairy products that underwent heat treatment, have been exported to the Russian Federation since February 2016. Dairy products from certain Kyrgyz enterprises are also admitted into Kazakhstan, but subject to enhanced laboratory control

3.150.  Responding to Kazakh claims that Kyrgyz milk- and dairy-processing firms lack proper laboratories to certify export products, major efforts were undertaken (with donor funding) in 2017 to enhance the capacity of Kyrgyz facilities. The laboratories at the State Sanitary and Epidemiological Service (Bishkek) and at Osh were re-equipped and modernized. These are national centres of veterinary diagnostics and expertise. In addition, 12 zonal and inter-district veterinary laboratories were repaired, and the construction of zonal centres of veterinary diagnostics and expertise was initiated in Balykchi, Batken, Karakol, and Talas. Funds to equip the veterinary laboratories were made available through Government Decision No. 224-r of 27 July 2018. According to the authorities, the national centres in Bishkek and Osh are now fully equipped and have received accreditation according to ISO/IEC standards 17025:2017 and 2019

3.151.  The SIVPS, as by the authorized body, examines exports of goods subject to veterinary control are examined and then issues certificates. According to the authorities, a Food Safety Law presented in 2017, that, inter alia, would have reduced the number of inspection agencies from 22 to 11, has not been adopted

3.152.  At the time of its previous Review in 2013, the Kyrgyz Republic did not have a national enquiry point or national notification authority for SPS issues. These were subsequently established. The Kyrgyz Republic notified the WTO Secretariat that three institutions serve as its national SPS Enquiry Points: (i) the Department of Disease Prevention and State Sanitary Epidemiological Supervision (Ministry of Health); (ii) the Ministry of Agriculture and Melioration; and (iii) the SIVPS. The Department of Technical Regulation and Metrology (Ministry of Economy) is the national notification authority. Since 2015, the Kyrgyz Republic has notified three laws (the Laws on Quarantine of Plants, about Veterinary, and about Animal Identification), two Government Decrees[254], one Government Resolution[255], and two EAEU Technical Regulations on Safety of Grain (CU TR 015/2011 and CU TR 015/2012)

3.153.  No specific trade concerns were raised in the WTO Committee on Sanitary and Phytosanitary Measures relating to measures maintained by the Kyrgyz Republic during the review period. Likewise, the Kyrgyz Republic has not raised any specific trade concerns regarding measures imposed by other Members

3.133.  During the review period, most developments regarding standards, technical regulations, and conformity assessments resulted from the Kyrgyz Republic's accession to the EAEU. The 2004 Law on the Basics of Technical Regulation, which remains the key law for standards and technical regulations, was amended in June 2019 to update it and bring it in line with the EAEU regulatory framework. Although many former Kyrgyz standards and technical regulations have been replaced by common EAEU technical regulations, the underlying regulatory acts of the Kyrgyz Republic remain relevant

3.134.  The Centre for Standardization and Metrology (CSM) under the Ministry of Economy is the principal government body involved in the development and adoption of standards and technical regulations. The CSM is a correspondent member of the ISO and Codex Alimentarius and an affiliate member of the International Electrotechnical Commission (IEC). The CSM is the national enquiry point for standards, while the TBT Enquiry Point and Technical Regulation Information Service under the Ministry of Economy is the national enquiry point for technical regulations and conformity assessments

3.135.  In order to fulfil the requirements of EAEU technical regulations, the EAEU Commission approves the list of international and regional standards, or in their absence national standards. Voluntary application of relevant standards on this list is a sufficient condition of compliance with requirements of the relevant EAEU technical regulations. If standards on this list are not used, conformity assessment is carried out based on risk analysis.[242] In the absence of an applicable international standard, regional standards, or national standards of other countries, may be used as a basis for EAEU measures

3.136.  As at 1 July 2020, the CSM had adopted 6,911 standardization documents, 1,608 of which were harmonized with ISO standards, 691 of which were based on IEC standards, and 245 of which were based on Codex Alimentarius guidelines or recommendations.[243] The Kyrgyz Republic is currently developing national standards for certain types of food products

3.137.  The EAEU Treaty states that "technical regulation of the EAEU members shall be used for the purpose of protecting life and (or) human health, property, the environment, protecting life and (or) health of animals and plants, prevention of actions misleading consumers as well as to ensure energy efficiency and resource conservation within the EAEU. Adoption of technical regulations of the EAEU for other purposes is not allowed".[244] The implementation of a common set of technical regulations is designed to establish a unified legal framework for ensuring product safety and protection against unsafe and falsified products within the customs territory, thus eliminating technical barriers in intra-EAEU trade.[245]

3.138.  International standards and recommendations form the basis for EAEU technical regulations, except in cases where they do not comply with the purposes of adoption of technical regulations of the EAEU, including due to climatic and geographical factors, technological reasons, or other particularities.[246] The EAEU Commission approves a Common List of products to which technical regulations of the EAEU or national mandatory requirements of its member States may be applied. A product subject to a technical regulation may be put into circulation within the EAEU only if it has complied with the necessary conformity assessment procedures

3.139.  Under the Protocol on Transitional Provisions (Section 2.3.2.2), the Kyrgyz Republic was granted a general six-month transition period, and longer extensions ranging from one to four years for the adaptation to 22 specific EAEU technical regulations: (i) one year for technical regulations pertaining to machinery, explosive equipment, and farm tractors; (ii) two years for technical regulations pertaining to railway rolling stock, railway infrastructure, packaging, pyrotechnic products, children's and teens' products, toys, elevators, light industry products, food products and their labelling, juices, fat-and-oil products, furniture, specialized nutrition, explosives, food additives, milk, and meat; and (iii) four years for technical regulations pertaining to petrol and jet fuel, diesel and marine fuel, and heating oil.[247] Prior to the adoption of these EAEU technical regulations, such products made by domestic enterprises could only be circulated within the Kyrgyz Republic.[248]

3.140.  Pursuant to these transition arrangements, EAEU technical regulations gradually became applicable in the Kyrgyz Republic during the period 2017-19.[249] The authorities indicate that there currently are 43 EAEU technical regulations in force in the Kyrgyz Republic, and a further 5 that are planned to be put into effect by 2022.[250] Among the 44 national technical regulations adopted prior to the Kyrgyz Republic's accession to the EAEU, 19 remain in force, and 7 of them establish requirements for products not included in the EAEU Common List (Box 3.3)

3.141.  The EAEU Treaty calls for harmonization of rules and approaches towards accreditation in accordance with international standards while ensuring the objectivity, impartiality, and competence of the accreditation bodies of the member States. Accredited bodies for conformity assessment (certification bodies and testing laboratories) are listed in the Unified Register of Conformity Assessment Bodies of the EAEU. According to the EAEU Treaty, the accreditation bodies of the member States must be independent and not compete with each other. An application for accreditation as a conformity assessment certification body is addressed to the accreditation body of the member State where the applicant is registered as a legal entity.[251]

3.142.  The Kyrgyz Centre of Accreditation (KCA) under the Ministry of Economy performs accreditation of certificated bodies and testing laboratories. On 23 October 2013, the Kyrgyz Republic joined the multilateral Agreement on Mutual Recognition of International Cooperation on Laboratory Accreditation (ILAC) and became a full member of ILAC with respect to accreditation of testing laboratories according to international standard ISO/IEC 17025. ILAC suspended the status of the KAC in 2014, but following corrective actions and confirmation of its effectiveness, the KCA had its status as signatory body reinstated on 2 October 2018. The KCA more recently took steps to implement new versions of international standards on accreditation systems

3.143.  According to the authorities, the Kyrgyz Republic has made substantial efforts to ensure the necessary infrastructure to apply the standards and technical regulations of the EAEU. This includes the establishment, equipment, and modernization of a number of testing laboratories. Funds for this work were provided by the Russian Federation

3.144.  The Kyrgyz Republic has submitted 17 notifications related to TBT measures applicable within the EAEU (including one revision and one corrigendum) since it formally joined the EAEU in August 2015

3.145.  Up to end-March 2020, the Kyrgyz Republic, jointly with the Russian Federation and Kazakhstan, was a subject to two specific trade concerns raised at the TBT Committee. These were related to: (i) pharmaceutical products; and (ii) safety of toys. The Kyrgyz Republic has never used the TBT Committee to raise its own concerns regarding measures proposed or implemented by other Members