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LAW OF THE REPUBLIC OF KAZAKHSTAN

of November 9, 2004 No. 603-II

About technical regulation

(as amended on 03-04-2019)

This Law governs the public relations by determination, establishment, application and execution of mandatory requirements to products, service, processes of lifecycle, confirmation of conformity, accreditation and the state control in the field of technical regulation, and also establishes the legal basis of the state system of the technical regulation aimed at safety of products, services and processes in the Republic of Kazakhstan.

Chapter 1. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) accreditation - the procedure of official recognition of competence of the applicant by accreditation body to perform works in certain sphere on confirmation of conformity of objects of technical regulation to the established requirements;

2) it is excluded

3) it is excluded

4) area of accreditation - officially acknowledged objects of assessment of conformity to which accreditation extends;

4-1)  No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

5) audit (in the sphere of confirmation of conformity) - the systematic, independent documentary analysis of activities of accredited bodies for confirmation of conformity and (or) test laboratories (centers), and also the control of compliance to the certified products which is carried out at the initiative of the applicant, services, processes, systems of quality management to the established requirements;

5-1)  No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

6) the supplier - the physical person or legal entity providing products, service;

6-1) verifying body - the state body authorized on confirmation of justification of issue of the certificate of origin, reliability of the data containing in it and also accomplishment of criteria of determination of the country of goods' origin by producers;

7) the manufacturer (contractor) - the physical persons or legal entities making products for the subsequent alienation or own consumption in the production purposes, and also performing works or rendering service in the paid and (or) non-paid agreement;

7-1) criterion of sufficient processing (conversion) - one of criteria of determination of the country of goods' origin according to which the goods if two countries and more participate in its production, are considered the events from that country in the territory of which it was subjected to the last essential processing (conversion) sufficient for giving to goods of its characteristic properties;

8) inspection check-up - the check performed by accredited body on confirmation of conformity of the certified products, process to the requirements established by technical regulations according to the procedure, determined by authorized body;

9) it is excluded

9-1)  No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

9-2) assignment of the international identification codes to manufacturers of vehicles - fixing of separate identification marks to the manufacturer of the vehicle registered as person performing economic activity in the territory of the Republic of Kazakhstan;

9-3) certificate on assignment of the international identification code to the manufacturer of the vehicle - the document confirming assignment of the international identification code to the manufacturer of the vehicle registered as person performing economic activity in the territory of the Republic of Kazakhstan;

10) service - the activities directed to requirements satisfaction of physical and (or) legal entities which results have no material expression;

11) risk - probability of damnification of life or to health of the person, the environment, including plant and animal life, taking into account severity of its consequences;

11-1)  No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

12) No. 31-V ZRK is excluded according to the Law of the Republic of Kazakhstan of 10.07.2012

13) the state system of technical regulation - the physical persons and legal entities, state bodies which are carrying out works in the field of technical regulation;

14) the register of the state system of technical regulation - the document of accounting of technical regulations and regulating technical documents, bodies for confirmation of conformity, test laboratories, confirmation of conformity, accreditation experts-auditors, to determination of the country of goods' origin, the status of goods of the Eurasian Economic Union or foreign goods and the issued documents in the sphere of confirmation of conformity;

15) concerned parties - physical persons and legal entities which activities are directly connected with development of technical regulations, and also other persons whose participation is provided by international treaties of the Republic of Kazakhstan;

16) obligatory certification - the procedure of confirmation of conformity of products to the requirements established by technical regulations with participation of bodies for confirmation of conformity;

17)  No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

17-1) regulating technical document - the regulating document containing technical and technological regulations;

17-2)  No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

17-3) interconnected standard - the national standard providing fulfillment of requirements, established by technical regulations;

18) products - the result of activities provided in material and material form and intended for further use in economic and other purposes;

18-1) production in the address - delivery or import of products (including sending from warehouse of the manufacturer or shipment without warehousing) for the purpose of distribution in the territory of the Republic of Kazakhstan when implementing business activity on non-paid or paid basis;

18-2)  No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

19) identification of products, service - the procedure providing unambiguous recognition of certain products, service in distinctive signs;

20) safety of products and processes (further - safety) lack of the unacceptable risk connected with damnification of life, to health of the person, the environment, including plant and animal life taking into account combination of probability of realization of dangerous factor and severity of its consequences;

21) product lifecycle - design processes, productions, operation, storage, transportation, realization, destruction and utilization of products;

22)  No. 184-VI ZRK is excluded according to the Law of the Republic of Kazakhstan of 05.10.2018;

23) the applicant - the physical person or legal entity which provided products, service, processes for confirmation of conformity and also the legal entities who submitted the application for accreditation and audit (in the sphere of confirmation of conformity);

24) process - set of the interconnected and consecutive actions (works) on achievement of any set result, including processes of product lifecycle;

25) mark of conformity - the designation serving for informing buyers on passing as products, service of the procedure of confirmation of conformity to the requirements established by technical regulations, standards and other documents;

26) the certificate of conformity - the document certifying compliance of products, service to the requirements established by technical regulations, to provisions of standards or other documents;

27) it is excluded

28) the declaration of conformity - the document which the manufacturer (contractor) certifies compliance issued in the product circulation, services to the established requirements;

29) voluntary confirmation of conformity - the procedure by means of which confirmation of conformity of products, service, processes is performed, carried out at the initiative of the manufacturer (contractor) or the seller on compliance to the standard, other document or special requirements of the applicant;

30) obligatory confirmation of conformity - the procedure by means of which confirmation of conformity of products to the requirements established by technical regulations is performed;

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