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

of May 13, 2021 No. 335-HK

About approval of Rules of implementation of monitoring of activities of subjects of accreditation

According to Item 3 of article 7-1 of the Law of the Republic of Kazakhstan "About accreditation in the field of assessment of conformity" PRIKAZYVAYU:

1. Approve the enclosed Rules of implementation of monitoring of activities of subjects of accreditation.

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. 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 13, 2021 No. 335-HK

Rules of implementation of monitoring of activities of subjects of accreditation

Chapter 1. General provisions

1. These rules of implementation of monitoring of activities of subjects of accreditation (further - Rules) are developed according to Item 3 of article 7-1 of the Law of the Republic of Kazakhstan "About accreditation in the field of assessment of conformity" (further - the Law) and determine procedure for carrying out monitoring of activities of subjects of accreditation.

2. The basic concepts used in these rules:

1) accreditation body - the republican state company performing activities for accreditation and being the member of the international organizations for accreditation;

2) monitoring of activities of the subject of accreditation (further - monitoring) - set of measures for collection, processing, the analysis and use of data and information on activities of the subjects of accreditation regarding compliance to accreditation criterions performed by accreditation body according to the Law;

3) authorized body - the state body performing state regulation in the field of technical regulation and ensuring unity of measurements.

3. Monitoring is performed by accreditation body by observation of results of the works rendered by subjects of accreditation, services and processes in the field of accreditation.

4. Monitoring is carried out for the purpose of prevention, non-admission and suppression of illegal activities of subjects for accreditation in the field of assessment of conformity.

Chapter 2. Procedure for carrying out monitoring of activities of subjects of accreditation

5. Monitoring is carried out regarding compliance of subjects of accreditation to the following criteria:

1) to have the status of the legal entity or structural division of the legal entity acting from his name;

2) to have the qualified personnel allowing to perform assessment works of compliance in the declared area of accreditation;

To have 3) on the property right, economic maintaining, operational management or in temporary ownership and use of the room, the equipment and material resources necessary for performance of works on assessment of conformity;

4) to meet the requirements of regulating documents, on compliance to which they will be accredited (are accredited) taking into account the scheme of accreditation;

5) to carry out assessment works of compliance in full and in the limits approved in the field of accreditation.

Regulating documents in these rules are understood as documents on standardization.

6. For carrying out monitoring the accreditation body sends inquiry to the subject of accreditation for submission of documents and information on observance of accreditation criterions (further - documents).

7. The subject of accreditation within 7 (seven) working days from the date of receipt of request, submits documents to accreditation body.

Based on the address of the subject of accreditation the term of provision of documents in accreditation body is prolonged for 5 (five) working days.

8. The accreditation body carries out the analysis of the submitted documents and on analysis results constitutes the conclusion in which it is specified:

1) date of creation;

2) surname, name, middle name (if it is specified in the identity document) and position of person (persons) who carried out (carrying out) monitoring;

3) name of the subject of accreditation;

4) period of carrying out monitoring;

5) the period of activities of the subject of accreditation which is subject to monitoring.

6) data on results of monitoring, including on the revealed discrepancies;

7) the signature of person (persons) who carried out (carrying out) monitoring.

The accreditation body notifies the subject of accreditation on results of monitoring within 20 (twenty) working days from the date of submission of documents.

9. Monitoring is not carried out in identification cases in documents of the subject of accreditation of technical mistakes (slips, typographical errors, grammatical mistakes) and (or) the data which are not provided by regulatory legal acts and regulating documents, not influencing quality and safety of products and the related processes, works and services, and (or) traceability of results of activities of the subject of accreditation.

10. In case of disagreement with analysis results of documents the subject of accreditation makes the complaint in accreditation body no later than 3 (three) working days from the date of receipt of results in time.

11. Monitoring is performed with use of the register of data of the state system of technical regulation.

12. The accreditation body on the official site quarterly, no later than 10 (tenth) following reporting quarter publishes the report on results of monitoring which contains:

1) statistical data about the number of subjects of accreditation on which monitoring at which by results of monitoring are revealed is carried out and are not revealed discrepancies;

2) names of subjects of accreditation according to which monitoring, information on discrepancies to accreditation criterions is carried out;

3) information on the taken measures concerning subjects of accreditation on which discrepancies are revealed.

13. If in the revealed discrepancies to accreditation criterions there are signs of structure of administrative offense, accreditation body within three working days estimated from the date of detection of such discrepancy sends to authorized body the conclusion and collected materials for acceptance of adequate measures.

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