ORDER OF THE MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of May 29, 2021 No. 373-HK

About approval of Rules of withdrawal of products non-compliant to the requirements of technical regulations

According to the subitem 21) Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation", PRIKAZYVAYU:

1. Approve the enclosed Rules of withdrawal of products non-compliant to the requirements of technical regulations.

2. Recognize invalid:

1) the order of the acting minister on investments and development of the Republic of Kazakhstan of December 4, 2015 No. 1155 "About approval of Rules of implementation of withdrawal and withdrawal of products which are not conforming to requirements of technical regulations" (it is registered in the Register of state registration of regulatory legal acts for No. 12668);

2) the order of the Minister of Trade and integration of the Republic of Kazakhstan of April 28, 2020 No. 102-HK "About modification of the order of the acting minister on investments and development of the Republic of Kazakhstan of December 4, 2015 No. 1155 "About approval of Rules of implementation of withdrawal and withdrawal of products which are not conforming to requirements of technical regulations" (it is registered in the Register of state registration of regulatory legal acts for No. 20511).

3. To provide to committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan in the procedure established by the legislation:

1) state registration of this order in the Ministry of Justice 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 since July 1, 2021 and is subject to official publication.

Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of May 29, 2021 No. 373-HK

Rules of withdrawal of products which are not conforming to requirements of technical regulations

Chapter 1. General provisions

1. These rules of withdrawal of products which are not conforming to requirements of technical regulations (further – Rules), are developed according to the subitem 21) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation" (further – the Law) and determine procedure for withdrawal of products which are not conforming to requirements of technical regulations, return by the manufacturer authorized by the manufacturer person, the importer or the seller of such products released by it (further – withdrawal of products).

2. These rules extend to the products which are subject to response or withdrawn at the person which acquired and (or) using products only for the personal, family, home or other use connected with business activity (further - the acquirer).

Chapter 2. Procedure for withdrawal of products non-compliant to the requirements of technical regulations of products

3. The basis for withdrawal of products is establishment by the manufacturer authorized by the manufacturer person, the importer or the seller of release into the stream of commerce of products which are not conforming to requirements of technical regulations.

4. In case of the bases specified in Item 3 of these rules, the manufacturer or person authorized by the manufacturer, the importer or the seller withdraws products for the purpose of non-admission of its further address.

5. The manufacturer or person authorized by the manufacturer, the importer or the seller for the purpose of avoidance of risks independently withdraws products at the acquirer and identifies specific batch, amount, unit of production subject to response.

Certain product quantity from batch or from series is subject to withdrawal of products.

6. The importer or the seller disposes of products withdrawn based on Item 3 of these rules which cost is compensated to the acquirer, the manufacturer or person authorized by the manufacturer independently.

7. If discrepancy is ineradicable, the withdrawn products from the date of detection of such discrepancy within 30 (thirty) calendar days are subject to conversion, utilization, destruction or the return export from the territory of the Republic of Kazakhstan with observance of the requirements established by documents on standardization and (or) technical regulations, and also the ecological legislation of the Republic of Kazakhstan, the legislation of the Republic of Kazakhstan in the field of veterinary science about civil protection, and requirements of regulatory legal acts in the sphere of sanitary and epidemiologic wellbeing of the population, or are back exported out of limits of the Republic of Kazakhstan.

8. If discrepancy to the withdrawn products is removable, the manufacturer, person authorized by the manufacturer, the importer or the seller eliminates this discrepancy in agreed time frames with the acquirer of products.

9. Violations are considered removable if:

1) by the corrective actions approved with the acquirer of products, except for case of stipulated in Item 6 these rules, the manufacturer, person authorized by the manufacturer, the importer or the seller can eliminate the found discrepancies without carrying out additional and (or) re-testing products compliance, to requirements of technical regulations;

2) modification of design (structure) of products or technology of its production, do not influence the safety indicators confirmed in case of assessment of conformity;

3) change (failure to carry out) of requirements of the production technology of products, engineering procedure do not cause discrepancy of products to the requirements checked in case of assessment of conformity;

4) by the corrective actions approved with the acquirer, except for case of stipulated in Item 6 these rules, the manufacturer, person authorized by the manufacturer, the importer or the seller can eliminate the found discrepancies with carrying out additional and (or) re-testing and assessment of conformity of products to requirements of technical regulations.

10. The manufacturer, person authorized by the manufacturer, the importer or the seller by results of the taken measures for withdrawal of products informs in electronic form authorized body in the field of technical regulation by means of information system of technical regulation, with provision of data on produktion (the name, code of the commodity nomenclature of external economic activity, quantity (unit (in pieces), weight (in kilograms), I will eat around (in liters), the cost, batch No., date of production, data on the document on assessment of conformity) and specifying of the revealed discrepancies (Items, Articles) of requirements of the technical regulation.

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