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LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 30, 2020 No. 396-VI ZRK

About technical regulation

This Law establishes the fundamental principles of technical regulation arising in case of establishment, execution of requirements to products, the related processes, rendering services and also determines the legal basis of functioning of the state system of technical regulation.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the manufacturer - the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur, performing on its own behalf production or production and sales of products;

2) person authorized by the manufacturer - the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur who based on the contract with the manufacturer, including with the foreign manufacturer, performs actions on behalf of this manufacturer in case of assessment of conformity and release into the stream of commerce of products in the territory of the Republic of Kazakhstan;

3) evidentiary materials - the objective certificates including received by means of photo and video fixing, containing data on sampling of products, results of testing, researches and (or) measurements, and also documents on assessment of conformity and (or) other documents proving compliance of object of assessment of conformity to requirements of technical regulations, and (or) the documents confirming preserving in test laboratories (centers) of control product samples achievement of required indicators and parameters and in necessary cases legal status and (or) the right of the manufacturer, the importer authorized by the manufacturer of person, the seller to adopt the declaration of conformity;

4) the declaration on general safety - the document which is voluntarily accepted by the manufacturer authorized by the manufacturer person, the importer, the seller concerning products which are not included in the Single list of products concerning which mandatory requirements within the Customs union are established approved by the decision of the Commission of the Customs union (further - the Single list), and also products included in the Single list, but concerning which are not accepted or technical regulations are not enacted;

5) the importer - the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur who concluded with the foreign manufacturer (seller) the agreement in foreign trade (contract) for transfer issued by lots of products and performs release of these products in the address and (or) its realization in the territory of the Republic of Kazakhstan;

6) assignment of the international identification codes to manufacturers of vehicles - fixing of separate identification marks to the manufacturer of the vehicle registered as the legal entity or physical person registered as the individual entrepreneur, performing activities in the territory of the Republic of Kazakhstan;

7) the certificate on assignment of the international identification code to the manufacturer of the vehicle - the document confirming assignment of the international identification code to the manufacturer of the vehicle registered as the legal entity or physical person registered as the individual entrepreneur, performing activities in the territory of the Republic of Kazakhstan;

8) service - the activities directed to requirements satisfaction of physical and (or) legal entities which results have no material expression, conforming to requirements of documents for standardization;

9) the state system of technical regulation - set of subjects of technical regulation and the relations between them on establishment of requirements to objects of technical regulation in regulatory legal acts, documents on standardization and their execution;

10) the register of data of the state system of technical regulation (further - the register of technical regulation) - the electronic database of technical regulations, subjects of accreditation, the issued documents on assessment of conformity, confirmation of conformity experts-auditors, the equipment, information on products which are not conforming to requirements of technical regulations, and other data in the field of technical regulation;

11) obligatory certification - form of obligatory confirmation of conformity by body for confirmation of conformity of objects of technical regulation to requirements of technical regulations;

12) the regulating technical document - the document containing technical and technological regulations;

13) training center - the legal entity performing preparation and advanced training of experts-auditors in confirmation of conformity, determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods;

14) the interconnected standards - the national and (or) interstate standards providing fulfillment of requirements, established by technical regulations;

15) products - the result of activities provided in material and material form and intended for further use in economic and other purposes;

16) safety of products and processes - lack of the unacceptable risk connected with damnification of life, to health of the person, the environment, including plant and animal life;

17) production in the address - delivery (realization) or import of products (including sending from warehouse of the manufacturer or shipment without warehousing) for the purpose of distribution in the territory of the Republic of Kazakhstan when implementing business activity;

18) product lifecycle - design processes (including researches), productions, constructions, installation, adjustment, operation, storage, transportation, realization and utilization of products;

19) the applicant - the legal entity registered according to the legislation of the Republic of Kazakhstan or state member of the Eurasian Economic Union or the physical person registered as the individual entrepreneur (the manufacturer, the importer, the person authorized by the manufacturer, the seller) which provided products, processes and service for evaluating compliance;

20) process - set of the interconnected and consecutive actions (works) for the purpose of achievement of any set result, including processes of product lifecycle;

21) the seller - the legal entity registered according to the legislation of the Republic of Kazakhstan or the physical person registered as the individual entrepreneur, selling products to the acquirer (consumer);

22) mark of conformity - the designation serving for informing buyers on passing of products and service through procedures of confirmation of conformity to the requirements established by technical regulations and (or) national standards;

23) the certificate of conformity - the document certifying compliance of objects of technical regulation to the requirements established by technical regulations and (or) documents on standardization;

24) the certificate holder of compliance - the applicant on evaluating compliance who received the certificate of conformity;

25) the declaration of conformity - the document which the manufacturer, the importer, person authorized by the manufacturer or the seller certify compliance issued in the product circulation, processes and service to requirements of technical regulations and documents for standardization;

26) assessment of conformity - direct or indirect determination of observance of requirements imposed to object of technical regulation;

27) voluntary confirmation of conformity - the procedure by means of which confirmation of conformity of products, processes and service is performed, carried out at the initiative of the applicant on compliance to documents on standardization and (or) requirements of the applicant;

28) obligatory confirmation of conformity - the procedure by means of which confirmation of conformity of products to the requirements established by technical regulations is performed;

29) confirmation of conformity - the procedure which the documentary certificate (in the form of the declaration of conformity or the certificate of conformity) is result of compliance of object of technical regulation to the requirements established by technical regulations and (or) documents on standardization;

30) body for confirmation of conformity - the legal entity accredited in accordance with the established procedure for implementation of activities for confirmation of conformity;

31) confirmation of conformity experts-auditors - the physical persons certified according to the procedure, determined by authorized body;

32) the scheme of confirmation of conformity - set and the sequence of procedures of confirmation of conformity;

33) certification - the procedure by means of which the body for confirmation of conformity certifies compliance of products and (or) the related process, and also service to the established requirements;

34) testing - the procedure within confirmation of conformity or the independent form of assessment of conformity which is carried out by test laboratory (center) which determination by the established technique of one or several quantity and (or) quality characteristics of properties of product sample is result, of other object of assessment of conformity;

35) test laboratory (center) (further - laboratory) - the legal entity or structural division of the legal entity operating from his name, performing testing (research);

36) technically difficult product - industrial product with technically difficult internal device which includes the set of structural or diverse elements forming the single whole allowing to use it for designated purpose;

37) technical barrier - the obstacle arising in trade between the countries owing to distinction or variability of the requirements containing in technical regulations and (or) documents on standardization;

38) the technical regulation - the regulatory legal act establishing requirements to products or to products and the related processes of its lifecycle, developed and applied according to the legislation of the Republic of Kazakhstan in the field of technical regulation or the international treaty ratified by the Republic of Kazakhstan;

39) technical regulation - legal regulation of the relations in the field of establishment, applications and execution of mandatory requirements to products or to products and the related design processes (including researches), productions, constructions, installation, adjustment, operation, storage, transportation, realization and utilization, and also in the field of assessment of conformity;

40) authorized body in the field of technical regulation (further - authorized body) - the central executive body performing management and cross-industry coordination in the field of technical regulation;

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