LAW OF THE AZERBAIJAN REPUBLIC

of May 30, 2014 No. 965-IVQ

About accreditation in the field of assessment of conformity

This Law according to Item 24 of part I of article 94 of the Constitution of the Azerbaijan Republic determines legal and organizational basis of accreditation of the structures performing activities in the field of assessment of conformity in the Azerbaijan Republic.

Article 1. Basic concepts

1.0. For the purposes of the Law the following concepts are applied:

1.0.1. assessment of conformity - determination of compliance of goods (service, work) process, management system and personnel to the requirements determined in the corresponding standard, the technical regulation and other regulatory legal acts;

1.0.2. accreditation in the field of assessment of conformity (further - accreditation) - confirmation by accreditation body of compliance to requirements for accreditation for accomplishment of implementation by structure of activities for assessment of conformity;

1.0.3. structure according to accreditation organization, the legal entities and physical persons providing assessment of conformity of goods (service, work) process, management system and personnel to the requirements determined in the corresponding standard, the technical regulation and other regulatory legal acts;

1.0.4. requirements of accreditation - the requirements determined in technical regulatory legal acts for accreditation accomplishment;

1.0.5. accreditation body - the structure established by relevant organ of the executive authority, performing accreditation;

1.0.6. the certificate of accreditation - the document certifying competence to perform activities for assessment of conformity, and also to use accreditation sign;

1.0.7. accreditation sign - the designation used by structure on assessment of conformity for informing on passing of the procedure of accreditation;

1.0.8. testing - technical transaction on assessment of conformity of goods (service, work) to the requirements determined in the corresponding standard, the technical regulation and other regulatory legal acts;

1.0.9. certification - confirmation by conformity assessment body in written or electronic type of compliance of goods (service, work) to the requirements determined in the corresponding standard, the technical regulation and other regulatory legal acts;

1.0.10. inspection body - the structure determining goods compliance by means of issue of the conclusion (service, work) process, personnel to the requirements determined in the corresponding standard, the technical regulation and other regulatory legal acts;

1.0.11. management system - set of procedures and processes of the specific purposes used for achievement. According to this Law, the management system covers quality management systems, environmental protection, work and health, food and information security, and also social responsibility;

1.0.12. producer of reference material - the subject responsible for determination of properties of the made or delivered reference material;

1.0.13. the register of structures on assessment of conformity - the collection of information concerning the structures which underwent accreditation on assessment of conformity.

Article 2. Scope of the Law

2.1. This Law extends to the following structures on assessment of conformity:

2.1.1. test laboratories;

2.1.2. structures on certification of goods (service, work);

2.1.3. structures on certification of management systems;

2.1.4. the structures which are carrying out certification of personnel;

2.1.5. inspection bodies;

2.1.6. producers of reference materials;

2.1.7. According to the Law of the Azerbaijan Republic "About ensuring unity of measurements", structures which accreditation is necessary for performance of works and (or) rendering works on ensuring unity of measurements.

2.2. The structures which are engaged in activities for assessment of conformity of goods (service, work), the process and personnel which are subject to obligatory assessment of conformity in the technical regulation and other regulatory legal acts and also structure which accreditation is necessary for performance of works and (or) rendering services in ensuring unity of measurements according to the Law of the Azerbaijan Republic "About ensuring unity of measurements" are subject to obligatory accreditation.

2.3. Provisions of this Law do not extend to the relations connected with accreditation of the structures estimating compliance of the means of information protection provided for the information security which is the state secret.

2.4. The relations in the field of accreditation of the structures performing activities in the sphere of assessment of conformity in the Alyatsky free economic zone are regulated according to requirements of the Law of the Azerbaijan Republic "About the Alyatsky free economic zone".

Article 3. The legislation of the Azerbaijan Republic on accreditation

The legislation of the Azerbaijan Republic on accreditation consists of the Constitution of the Azerbaijan Republic, this Law, international treaties which participant is the Azerbaijan Republic, and other regulatory legal acts regulating area of accreditation of the Azerbaijan Republic.

Article 4. Principles of accreditation

4.0. Accreditation is based on the following principles:

4.0.1. legality;

4.0.2. impartiality;

4.0.3. transparency and openness for the public;

4.0.4. independence;

4.0.5. protection of trade secret;

4.0.6. professionalism;

4.0.7. representation of public concerns;

4.0.8. representation of concerned parties;

4.0.9. compliance to the international rules of accreditation;

4.0.10. inadmissibility of combination of activities for accreditation with activities for assessment of conformity.

Article 5. Carrying out accreditation

5.1. Accreditation is made on the basis of rules of accreditation, taking into account requirements of this Law.

5.2. Accreditation covers the following stages:

5.2.1. the appeal of structure on assessment of conformity;

5.2.2. assessment by accreditation body of observance of requirements of accreditation by structure for assessment of conformity;

5.2.3. adoption of the final decision from accreditation body.

5.3. For carrying out accreditation the structure on assessment of conformity addresses to accreditation body in written or electronic form. The documents provided in rules of accreditation join the address according to article 5.4 of this Law.

5.4. Rules of accreditation in the field of the assessment of conformity provided in article 2.1 of this Law are determined by activities by relevant organ of the executive authority and are placed on information Internet resources of accreditation body.

5.5. The address about accreditation is registered in day of submission to accreditation body.

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