It is registered by
Ministry of Justice
Republic of Tajikistan
On November 5, 2014 No. 806
of October 31, 2014 No. 681
About the Procedure for development, approval, state registration, check, review, change, cancellation, application, the official publication of technical regulations, including technical regulations concerning defensive products, the notification and publication of information on them and the Procedure for creation and maintaining National fund of technical regulations and documents in the field of technical regulation, and also the instruction for use by this fund
According to article 8 of the Law of the Republic of Tajikistan "About technical regulation" the Government of the Republic of Tajikistan DECIDES:
1. Approve the Procedure for development, approval, state registration, check, review, change, cancellation, application, the official publication of technical regulations, including technical regulations concerning defensive products, the notification and publication of information on them (appendix 1).
2. Approve the Procedure for creation and maintaining National fund of technical regulations and documents in the field of technical regulation, and also the instruction for use by this fund (appendix 2).
3. To standardization agency, metrology, certification and trade inspection under the Government of the Republic of Tajikistan together with the interested ministries and departments to take necessary measures for implementation of this resolution.
Prime Minister of the Republic of Tajikistan
to the Order of the Government of the Republic of Tajikistan of October 31, 2014 No. 681
1. This Procedure establishes rules of development, approval and state registration of technical regulations, including technical regulations concerning defensive products, and also the rule of their check, review, change, cancellation, application, the official publication, the notification and publication of information on them.
2. Development of technical regulations is performed by executive bodies of the government according to the Program of the development of technical regulations (further - the Program) approved by the Government of the Republic of Tajikistan. The draft of the Program is developed by the authorized state body responsible for the organization of works on technical regulation (further - authorized body) on the basis of offers of executive bodies of the government and other interested subjects of technical regulation.
3. In case of development of technical regulations it is necessary to provide transparency of process of development and possibility of participation in their consideration of all concerned parties.
4. By preparation, approval or application of the technical regulation which can make essential impact on trade, authorized body at the request of concerned parties, including members of the WTO explains need of the similar technical regulation from the point of view of following provisions:
- technical regulations are not prepared, are not accepted or do not affirm so that to create or lead to creation of excessive obstacles in international trade. For this purpose technical regulations do not make more restrictive impact on trade, than it is necessary for achievement of the legal purposes, taking risks which would arise in case of their failure to carry out into consideration. Such legal purposes are, in particular, requirements of homeland security; prevention of fraudulent practice; protection of health or safety of people, life or health of animals or plants, or environmental protection. In case of assessment of similar risks such factors as, in particular, the available scientific and technical information, appropriate technology of processing or intended end use of goods are considered;
- technical regulations do not remain in force if the circumstances or the reasons which caused their acceptance do not exist any more or if the changed circumstances or the reasons allow to use the methods making less restrictive impact on trade;
- if there is need for technical rules, and there are relevant international standards or their development comes to the end, they or their appropriate sections are used as basis for technical regulations, except as specified, when similar international standards or their appropriate sections would be inefficient or improper means for achievement of the legal pursued purposes, for example, owing to essential climatic or geographical factors or vital technological issues.
5. When the relevant international standard is absent, or maintenance of the developed technical regulation does not conform to maintenance relevant international standards and if the technical regulation can make essential impact on trade authorized body:
- publishes at the corresponding early stage the notification in seal on expected introduction of the specific technical regulation to give the chance to concerned parties to get acquainted with it;
- through the secretariat of the WTO notifies concerned parties on the goods covered by the developed technical regulation, accompanying the notification with short specifying of the purpose and reasons for the developed technical regulation. Such notifications are published at the corresponding early stage when amendments can be still made and notes are considered;
- on demand provide to concerned parties, including members of the WTO, detailed descriptions or copies of the developed technical regulation and, whenever possible, specify Sections which significantly differ from relevant international standards;
- without discrimination provide to concerned parties reasonable period of time for preparation of notes by them in writing, discussions of these notes on demand and accounting of these written notes, and also results of these discussions.
6. On condition of observance of provisions of introductory part of Item 5, the authorized body, in case of origin or availability of threat of emergence of urgent problems of safety, health, environmental protection or homeland security, can not resort to the actions listed in Item 5, provided that after adoption of the technical regulation:
- through the secretariat of the WTO immediately notifies concerned parties on the specific technical regulation and the covered goods, accompanying the notification with short specifying of the purpose and reason of introduction of the technical regulation, including statement of essence of these urgent problems;
- on demand provides to concerned parties of the copy of the technical regulation;
- without discrimination gives to concerned parties the chance to provide their notes in writing, on demand discusses these notes and considers these written notes, and also results of these discussions.
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