PRESIDENTIAL DECREE OF THE AZERBAIJAN REPUBLIC

of February 10, 2017 No. 1234

About the additional measures connected with enhancement of management in the sphere of standardization, metrology, accreditation and protection of subjects of the patent law

Being guided by Item 32 of article 109 of the Constitution of the Azerbaijan Republic, for the purpose of ensuring stability of economic reforms, improvement of quality, safety, competitiveness and the export potential of products made in Azerbaijan, bigger liberalization of foreign trade, reduction of spheres of standardization, metrology, accreditation and protection of subjects of the patent law in compliance with modern requirements, achievements of increase in transparency and efficiency of the mechanism of control, and also I decide ensuring implementation of the actions provided in "The strategic road map on prospect of national economy of the Azerbaijan Republic" approved by the Presidential decree of the Azerbaijan Republic of December 6, 2016 No. 1138,:

1. To the Cabinet of Ministers of the Azerbaijan Republic:

1.1. taking into account the international experience to prepare and provide to three-months time to the President of the Azerbaijan Republic the new bill of the Azerbaijan Republic "About standardization";

1.2. taking into account the international experience to prepare and provide to two-month time to the President of the Azerbaijan Republic suggestions for improvement of the control system over safety of non-food products in the consumer market, including delegation of power of control of compliance to requirements of technical regulations in case of their production to the structures on assessment of conformity accredited in the procedure established by the law;

1.3. in six-months time together with the State committee of the Azerbaijan Republic on standardization, metrology and the patent to prepare and provide to the President of the Azerbaijan Republic the draft of the State program for 2018-2025 on reduction of National system of standardization to compliance with the international requirements for the purpose of reduction of national system of standardization in compliance with the international requirements, including adoptions of national technical regulations based on the European Union directives and standards based on international standards;

1.4. perform together with the Ministry of Foreign Affairs of the Azerbaijan Republic and the State committee of the Azerbaijan Republic on standardization, metrology and the patent of measure, the stipulated by the legislation, connected with providing memberships in the international organizations and the conclusion of international treaties on mutual recognition of results of accreditation of the legal entity of the public law, the stipulated in Item 3.2 presents of the Decree, after its state registration, as national standardization organization, the legal entity of the public law, the stipulated in Item 3.3 presents of the Decree, after its state registration, as the national organization for accreditation;

1.5. provide assignment, the provided for Service of the state control on technical regulation and standardization, Public metrological service and Public service on accreditation under the State committee of the Azerbaijan Republic on standardization, metrology and the patent in distribution according to functional classification of the size of the funds allocated at the level of Sections and subsections of functional classification of article 8 of the Law of the Azerbaijan Republic "About the government budget of the Azerbaijan Republic for 2017" based on part 1 of the Presidential decree of the Azerbaijan Republic of December 27, 2016 No. 1180 to the legal entities of the public law provided by Items 3.1-3.4 of this Decree after their state registration;

1.6. based on offers of the State committee of the Azerbaijan Republic on standardization, metrology and the patent and taking into account Item 1.5 of this Decree to provide forming of authorized fund of the legal entities of the public law provided by Items 3.1-3.4 of this Decree;

1.7. taking into account part 5 of this Decree, based on offers of the State committee of the Azerbaijan Republic on standardization, metrology and the patent in three-months time to provide transfer of the state-owned property which is in use of Service of the state control on technical regulation and standardization, the Public metrological service and Public service on accreditation under the specified State committee to the legal entities of the public law provided by Items 3.1-3.4 of this Decree and the State committee of the Azerbaijan Republic on standardization, metrology and the patent;

1.8. in three-months time to prepare and provide to the President of the Azerbaijan Republic offers on reduction of the laws of the Azerbaijan Republic and acts of the President of the Azerbaijan Republic to compliance with this Decree;

1.9. in three-months time to provide reduction of regulatory legal acts of the Cabinet of Ministers of the Azerbaijan Republic in compliance with this Decree and to inform on it the President of the Azerbaijan Republic;

1.10. control reduction of regulatory legal acts of the central executive bodies in compliance with this Decree and in five-months time to inform the President of the Azerbaijan Republic on execution;

1.11. resolve other issues following from this Decree.

2. In case of development of the bill, the stipulated in Item 1.1 presents of the Decree to take the following criteria into account:

2.1. establishment of requirements for indicators of safety of products, including to processes, storage, packaging, drawing the labels and terminology connected with products is performed by technical regulations, and requirements for product quality indicators - standards;

2.2. execution of technical regulations for entrepreneurs has forced character, and execution of the standards expressing quality requirements of products voluntary;

2.3. assessment (approval) of compliance of products to technical regulations is performed depending on their classification by risk groups (low, average and high risk);

2.4. certification is forced only for products relating to group of high risk.

3. To the state committee of the Azerbaijan Republic on standardization, metrology and patent:

3.1. in a month to create the legal entity of the public law "Azerbaijani Institute of Metrology", providing acquisition of the state standards of unit of size, their preserving and transfer of units of size from the state standards;

3.2. in a month to create the legal entity of the public law "Azerbaijani Institute of Standardization", performing development, application of standards, representation in the international organizations in this sphere, and also the adjacent services connected using standards;

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