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

of May 25, 2021 No. 359-HK

About approval of Rules of development, examination, acceptance, change and cancellation of technical regulations

According to the subitem 19) Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation", PRIKAZYVAYU:

1. Approve the enclosed Rules of development, examination, acceptance, change and cancellation of technical regulations.

2. Recognize invalid:

1) the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 553 "About approval of Rules of development, examination, acceptance, change and cancellation of technical regulations" (it is registered in the Register of state registration of regulatory legal acts for No. 12072);

2) the order of the Minister of Trade and integration of the Republic of Kazakhstan of May 19, 2020 No. 119-HK "About modification and amendments in the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 553 "About approval of Rules of development, examination, acceptance, change and cancellation of technical regulations" (it is registered in the Register of state registration of regulatory legal acts for No. 20705).

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.

Minister of Trade and integration of the Republic of Kazakhstan

B. Sultanov

It is approved

Ministry of Agriculture of the Republic of Kazakhstan

 

It is approved

Ministry of Health of the Republic of Kazakhstan

 

It is approved

Ministry of the industry and infrastructure development of the Republic of Kazakhstan

 

It is approved

Ministry of Emergency Situations of the Republic of Kazakhstan

 

It is approved

Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

 

It is approved

Department of Energy of the Republic of Kazakhstan

 

It is approved

Committee of homeland security of the Republic of Kazakhstan

 

Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of May 25, 2021 No. 359-HK

Rules of development, examination, acceptance, change and cancellation of technical regulations

Chapter 1. General provisions

1. These rules of development, examination, acceptance, change and cancellation of technical regulations (further – Rules) are developed according to the subitem 19) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation" (further – the Law) and determine procedure for development, examination, acceptance, change and cancellation of technical regulations.

2. These rules do not extend to procedures for development, acceptance, modification and cancellations of the technical regulations accepted within the Eurasian Economic Union and according to the procedure, the determined Agreement on the Eurasian Economic Union ratified by the Law of the Republic of Kazakhstan "About ratification of the Agreement on the Eurasian Economic Union".

Chapter 2. Procedure for development of technical regulations

3. Offers on development, change, amendment or cancellation of the technical regulation are prepared by state bodies which competence includes establishment of obligatory rules and regulations, taking into account offers of technical committees on standardization, National chamber of entrepreneurs of the Republic of Kazakhstan, National authority on standardization, concerned parties and are provided in authorized body in the field of technical regulation (further – authorized body).

The authorized body based on offers develops and approves the plan for development of technical regulations according to the subitem 8) of Item 1 of article 7 of the Law.

The technical regulation is developed in the presence of the concept which is attached to the draft of the technical regulation during public discussion.

In the concept are specified:

1) name of the technical regulation;

2) purpose of development of the technical regulation;

3) basis or scientific reasons for adoption of the technical regulation;

4) scope and subjects of the technical regulation with indication of goods item in codes of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further – the CN FEA EEU);

5) addressees of regulation, including subjects of business activity, and the impact made on them by the regulation provided by the technical regulation;

6) information on problems which regulation needs to be established to minimize their negative influences;

7) the mechanism of the problem resolution to which solution adoption of the technical regulation is directed;

8) dangerous factors (risks);

9) information on availability and condition of the regulatory legal base of the Republic of Kazakhstan and the Eurasian Economic Union (the laws, resolutions, sanitary, construction, fire and other standards and rules establishing requirements to subject of the technical regulation);

10) information on availability of regulating documents of the international level (international agreements, directives, technical regulations of other countries);

11) information on condition of production, testing facilities and industry in general.

Information includes data on the number of test laboratories (centers) and bodies for confirmation of conformity having material opportunity to confirm products compliance, their geographic location and production capacities;

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