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

of June 22, 2021 No. 422-HK

About approval of Rules of functioning and use of system of voluntary certification, and also maintaining the register of the registered systems of voluntary certification and provision of the data containing in the specified register

According to Item 3 of article 36 of the Law of the Republic of Kazakhstan "About technical regulation" PRIKAZYVAYU:

1. Approve the enclosed Rules of functioning and use of system of voluntary certification, and also maintaining the register of the registered systems of voluntary certification and provision of the data containing in the specified register.

2. 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.

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

4. This order becomes effective since July 1, 2021 and is subject to official publication.

Minister of Trade and integration of the Republic of Kazakhstan

B. Sultanov

It is approved

Ministry of digital development, innovations and aerospace industry of the Republic of Kazakhstan

 

Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of June 22, 2021 No. 422-HK

Rules of functioning and use of system of voluntary certification, and also maintaining the register of the registered systems of voluntary certification and submission of the data containing in the specified register

Chapter 1. General provisions

1. These rules of functioning and use of system of voluntary certification, and also maintaining the register of the registered systems of voluntary certification and submission of the data containing in the specified register (further – Rules) are developed according to Item 3 of article 36 of the Law of the Republic of Kazakhstan "About technical regulation" and determine procedure for functioning and use of system of voluntary certification, and also maintaining the register of the registered systems of voluntary certification and submission of the data containing in the specified register.

2. In these rules the following basic concepts are used:

1) 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;

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

3) 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;

4) 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;

5) body for confirmation of conformity – the legal entity accredited according to the Law of the Republic of Kazakhstan "About accreditation in the field of assessment of conformity" for implementation of activities for confirmation of conformity;

6) 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 requirements established by technical regulations and (or) documents on standardization;

7) information system of technical regulation – the automated information system intended for storage, processing, search, distribution, transfers and provisions of the data and information containing in registers of technical regulation, state system for ensuring the uniformity of measurements, national system of standardization and unified registers of the issued or accepted documents on assessment of conformity of the Eurasian Economic Union;

8) the web portal of information system of technical regulation (further – the web portal) – the Internet resource providing single point of access to information system of technical regulation.

Chapter 2. Procedure for functioning and use of system of voluntary certification

3. The legal entity and (or) physical person registered as the individual entrepreneur or several legal entities and (or) physical persons registered as individual entrepreneurs (further – the applicant), who created system of voluntary certification provide functioning and use of system of voluntary certification.

4. For functioning and use of system of voluntary certification the applicant:

1) is established by the list of the objects which are subject to certification and characteristics, on compliance to which voluntary certification of these objects is performed;

2) determines participants of system of voluntary certification;

3) is applied by mark of conformity (in the presence).

5. Voluntary confirmation of conformity does not replace obligatory confirmation of conformity of products if it is established by the technical regulation or other regulatory legal acts.

6. Voluntary confirmation of conformity is carried out by body for confirmation of conformity in the form of voluntary certification on contractual basis.

Voluntary certification is carried out on initiative and requirements of the applicant for any objects of assessment of conformity regarding their compliance to documents on standardization, and in case of their absence – to the declared requirements.

7. Use of system of voluntary certification is performed by the applicant within the established list of the objects which are subject to certification according to the subitem 1) of item 4 of these rules.

Chapter 3. Procedure for maintaining the register of the registered systems of voluntary certification and submission of the data containing in the specified register

8. Maintaining the register of the registered systems of voluntary certification is performed by the central executive body performing management and cross-industry coordination in the field of technical regulation (further – authorized body).

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