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I.O'S ORDER. MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of July 25, 2019 No. 9

About approval of provisions of Republican public institution "Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan" and its territorial subdivisions

(as amended on 08-11-2021)

According to the order of the Government of the Republic of Kazakhstan of July 10, 2019 No. 497 "About measures for implementation of Presidential decrees of the Republic of Kazakhstan of June 17, 2019 No. 17 and of July 1, 2019 No. 46 "About measures for further enhancement of system of public administration of the Republic of Kazakhstan" PRIKAZYVAYU:

1. Approve:

1) the Provision of Republican public institution "Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan" according to appendix 1 to this order;

2) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on Nour-Sultan's city" according to appendix 2 to this order;

3) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on the city of Almaty" according to appendix 3 to this order;

4) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on Akmola area" according to appendix 4 to this order;

5) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on the Aktyubinsk region" according to appendix 5 to this order;

6) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan across Almaty region" according to appendix 6 to this order;

7) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on Atyrau area" according to appendix 7 to this order;

8) Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan across the West Kazakhstan region" according to appendix 8 to this order;

9) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on Jambyl area" according to appendix 9 to this order;

10) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan across the Karaganda region" according to appendix 10 to this order;

11) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan across the Kostanay region" according to appendix 11 to this order;

12) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on Kyzylorda area" according to appendix 12 to this order;

13) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan across Mangystau Region" according to appendix 13 to this order;

14) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on the Turkestan region" according to appendix 14 to this order;

15) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan across the Pavlodar region" according to appendix 15 to this order;

16) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on the North Kazakhstan area" according to appendix 16 to this order;

17) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan across the East Kazakhstan region" according to appendix 17 to this order;

18) the Provision of Republican public institution "Department of Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan on the city of Shymkent" according to appendix 18 to this order.

2. Declare invalid the order of the Minister of the industry and infrastructure development of the Republic of Kazakhstan of February 11, 2019 No. 69 "About approval of provisions of Republican public institution "Committee of technical regulation and metrology of the Ministry of the industry and infrastructure development of the Republic of Kazakhstan" and its territorial subdivisions".

3. To provide to committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan:

1) within ten calendar days from the date of approval of this order the direction it electronically in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "Institute of the legislation and legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

2) placement of this order on Internet resource of the Ministry of Trade and integration of the Republic of Kazakhstan.

4. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.

5. This order becomes effective from the date of its signing.

Acting minister of trade and integration of the Republic of Kazakhstan

Zh. Kushukova

Appendix 1

to the Order of the deputy. The Minister of Trade and integration of the Republic of Kazakhstan of July 25, 2019 No. 9

Provision of Republican public institution "Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan"

1. General provisions

1. The republican public institution "Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan" (further - Committee) is the department of the Ministry of Trade and integration of the Republic of Kazakhstan (further - the Ministry) performing regulating, realizable and control functions, and also participating in accomplishment of strategic functions of the Ministry in spheres of technical regulation, standardization and ensuring unity of measurements, legislations of the Republic of Kazakhstan on accreditation in the field of assessment of conformity.

2. The committee performs the activities according to the Constitution of the Republic of Kazakhstan, the laws of the Republic of Kazakhstan, acts of the President and the Government of the Republic of Kazakhstan, other regulatory legal acts, and also this Provision.

3. The committee is legal entity in form of business of public institution, has seals and stamps with the name in state language, forms of the established sample, accounts in bodies of treasury.

4. The committee enters the civil relations from own name.

5. The committee acts as the party of the civil relations on behalf of the state if it is authorized on it.

6. The committee on questions of the competence makes the decisions which are drawn up by orders of the head of Committee.

7. The structure and limit of the number of staff of Committee affirm the Responsible secretary.

8. Committee location: Republic of Kazakhstan, 010000, Nour-Sultan's city, area Esil, Prospekt Mang_l_k El, house 11, building "Reference center".

9. Full name of Committee:

in state language - "Kazakstan Respublikasy Saod of Zhane integration ministrl_g_ Tekhnikalyk to rette of Zhane metrology committee і" respublikalyk memlekett_k mekemes і;

in Russian - Republican public institution "Committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan".

10. This Provision is the constituent document of Committee.

11. Financing of activities of Committee is performed from the republican budget.

12. The committee is not allowed to enter contractual relations with subjects of entrepreneurship regarding accomplishment of the obligations which are functions of Committee.

If the Committee is granted the right to perform the activities which are bringing in incomes, then income gained from such activities go to the income of the republican budget.

2. Mission, main objectives, functions, rights and obligations

13. Mission of Committee: safety and product qualities, services and processes, the prevention of the actions misleading concerning their safety and quality, protection of the rights and legitimate interests of citizens, legal entities and economy of the Republic of Kazakhstan from consequences of doubtful results of measurements.

14. Tasks: realization of state policy in the sphere of technical regulation, standardization and ensuring unity of measurements, legislations of the Republic of Kazakhstan on accreditation in the field of assessment of conformity.

15. Functions of Committee:

1) it is excluded;

2) it is excluded;

2-1) introduction of offers to state bodies about reduction of the regulatory legal acts and legal acts mentioning objects of technical regulation in compliance with the legislation of the Republic of Kazakhstan in the field of technical regulation, technical regulations and national standards;

2-2) taking measures of impact to suppression and non-admission of release into the stream of commerce of products which are not conforming to requirements of technical regulations;

2-3) withdrawal of products posing direct threat to the rights and legitimate interests of physical persons and legal entities, to life and health of the person, the environment according to the legislation in the field of technical regulation and submission of the claim in court for deprivation of the subject of supervision of right of possession, use and (or) the order of such products agree civil procedurally to the legislation of the Republic of Kazakhstan;

2-4) appeal to the court in case of failure to carry out or inadequate accomplishment by physical, legal entities of legal requirements or instructions, the resolutions issued by officials in the field of technical regulation;

2-5) implementation of the state control in the sphere of realization of jewelry and other products;

2-6) approval for application in the territory of the Republic of Kazakhstan for the purpose of ensuring compliance with the technical regulation of the Eurasian Economic Union, carrying out researches (testing) and measurements in case of assessment of conformity of objects of technical regulation to requirements of the technical regulation of the Eurasian Economic Union national (state) standards of state members of the Eurasian Economic Union as national standards of the Republic of Kazakhstan;

2-7) development of allowing requirements to experts-auditors in confirmation of conformity, the list of the documents confirming compliance to them and also rules of certification, prolongation of action of certificates of experts-auditors in confirmation of conformity in coordination with authorized body in the sphere of permissions and notifications and authorized body in the sphere of informatization;

2-8) development of rules of development, examinations, acceptances, changes and cancellations of technical regulations;

2-9) development of rules of withdrawal of products which are not conforming to requirements of technical regulations;

2-10) development of rules of assessment of conformity;

2-11) development of checking sheets and criteria for evaluation of risk degree according to the Entrepreneurial code of the Republic of Kazakhstan on carrying out the state control and supervision in the field of technical regulation regarding release into the stream of commerce of products on its compliance to requirements of technical regulations;

2-12) development of rules of release into the stream of commerce of the products which are not included in the single list, included in the single list, but concerning which are not accepted or technical regulations, and also the list of products concerning which the declaration on general safety, forms of the declaration on general safety is adopted are not enacted;

2-13) development of rules of decision making about inclusion or exception of conformity assessment bodies in national part (from national part) the unified register of conformity assessment bodies of the Eurasian Economic Union;

2-14) development of rules of realization of the principles of proper laboratory practice;

2-15) development of rules of forming, maintaining and support of the register of technical regulation;

2-16) development of technical regulations;

2-17) development of rules on approval and registration of approvals like the vehicle, approvals like the chassis;

2-18) development of rules on check of correctness and justification of registration of approvals like the vehicle, approvals like the chassis;

2-19) representation of interests of the Republic of Kazakhstan in the international and regional organizations for accreditation;

2-20) exercises the state control and supervision regarding release into the stream of commerce of products on its compliance to requirements of technical regulations, and also behind observance by subjects of the state control and supervision in the field of technical regulation of the requirements established by the legislation of the Republic of Kazakhstan in the field of technical regulation, other regulatory legal acts of the Republic of Kazakhstan or decisions of the Eurasian economic commission, except for products which are subject state sanitary and epidemiologic, veterinary sanitary, quarantine phytosanitary to control and supervision;

3) the organization of the analysis and conducting examination of projects and technical regulations on compliance to state policy in the field of technical regulation and to the purposes, stipulated in Item 1 article 4 of the Law of the Republic of Kazakhstan "About technical regulation";

4) interaction with advisory councils, physical persons and legal entities concerning technical regulation;

5) forming of negotiation line item concerning technical regulation and representation of the Republic of Kazakhstan in the international and regional organizations for technical regulation, assessment of conformity and accreditation in the field of assessment of conformity;

6) it is excluded;

7) ensuring functioning of Information center on technical barriers in trade, to sanitary and phytosanitary measures;

8) the organization and coordinating of work on carrying out the state control of observance of the requirements established by technical regulations;

9) it is excluded;

10) providing organization of works on interlaboratory comparative researches (checking);

11) maintaining the register of the foreign and international organizations which notified on the beginning or the termination of implementation of activities for issue of documents in the sphere of confirmation of conformity of foreign sample in the territory of the Republic of Kazakhstan;

12) participation in forming of the state system of technical regulation;

13) development of procedure and organization of preparation, retraining, advanced training of experts-auditors in confirmation of conformity, accreditation, determination of the country of goods' origin, status of goods of the Customs union or foreign goods and their certification, and also development of allowing requirements to them;

14) it is excluded;

15) creation of advisory advisory bodies for the benefit of safety of products and processes;

16) forming of the draft of the plan for development of technical regulations;

17) approval of the state standards of units of sizes;

18) the organization of carrying out scientific research in the field of metrology;

19) organization and carrying out the state metrological control;

20) approval like measuring instruments, standard samples;

21) implementation of licensing on production of National Flag and State Emblem of the Republic of Kazakhstan;

22) development of rules by determination of the country of goods' origin and issue of the certificate of origin and cancellation of its action;

23)  No. 118 is excluded according to the Order of the Minister of Trade and integration of the Republic of Kazakhstan of 29.11.2019;

24)  No. 118 is excluded according to the Order of the Minister of Trade and integration of the Republic of Kazakhstan of 29.11.2019;

25) implementation of the state control in spheres:

- technical regulation;

- ensuring unity of measurements;

- legislations of the Republic of Kazakhstan on accreditation in the field of assessment of conformity;

26)  No. 118 is excluded according to the Order of the Minister of Trade and integration of the Republic of Kazakhstan of 29.11.2019;

27) development of checking sheets, criteria for evaluation of risk degree, semi-annual lists of preventive control with visit in the field of technical regulation, metrology, the legislation of the Republic of Kazakhstan on accreditation in the field of assessment of conformity;

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