Article 1. The basic concepts used in this Law of the Law on Technical Regulation

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The following basic concepts are used in this Law:

1) manufacturer – a legal entity registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union or an individual registered as an individual entrepreneur who carries out production or production and sale of products on his behalf.;

2) a person authorized by the manufacturer is a legal entity or individual registered as an individual entrepreneur registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union, who, on the basis of an agreement with the manufacturer, including with a foreign manufacturer, performs actions on behalf of this manufacturer during conformity assessment and product release on the territory of the Republic of Kazakhstan;

 3) evidentiary materials – objective evidence, including those obtained with the help of photographs- and video recordings containing information about product sampling, test results, research and (or) measurements, as well as conformity assessment documents and (or) other documents proving that the conformity assessment object meets the requirements of technical regulations, and (or) documents confirming the preservation of control samples of products in testing laboratories (centers) (if the preservation of control samples of the examined (tested) products is provided for by regulatory legal acts of the Republic of Kazakhstan and (or) regulatory technical documents), achieving the required indicators and parameters and, if necessary, the legal status and (or) the right of the manufacturer, importer, manufacturer's authorized person, seller to accept the declaration of conformity;

 4) general safety declaration is a document voluntarily accepted by the manufacturer, a person authorized by the manufacturer, an importer, or a seller in respect of products not included in the Unified List of Products for which mandatory requirements are established within the Customs Union, approved by a decision of the Customs Union Commission (hereinafter referred to as the Unified List), as well as products included in the A single list, but for which technical regulations have not been adopted or put into effect;

 5) importer – a legal entity registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union or an individual registered as an individual entrepreneur who has concluded a foreign trade agreement (contract) with a foreign manufacturer (seller) for the transfer of manufactured products and releases these products into circulation and (or) its implementation in the territory of the Republic of Kazakhstan;

6) assignment of international identification codes to vehicle manufacturers – assignment of individual identification marks to a vehicle manufacturer registered as a legal entity or an individual registered as an individual entrepreneur operating in the territory of the Republic of Kazakhstan;

7) certificate of assignment of an international identification code to a vehicle manufacturer – a document confirming the assignment of an international identification code to a vehicle manufacturer registered as a legal entity or an individual registered as an individual entrepreneur operating in the territory of the Republic of Kazakhstan;

8) service – an activity aimed at meeting the needs of individuals and (or) legal entities, the results of which have no material expression, meeting the requirements of standardization documents;

9) the state system of technical regulation is a set of subjects of technical regulation and relations between them to establish requirements for technical regulation facilities in regulatory legal acts, standardization documents and their execution.;

10) the register of data of the state system of technical regulation (hereinafter referred to as the register of technical regulation) is an electronic database of technical regulations, accreditation entities, issued conformity assessment documents, expert auditors for conformity assessment, equipment, information about products that do not meet the requirements of technical regulations, and other information in the field of technical regulation;

11) mandatory certification is a form of mandatory confirmation of compliance by the body for confirming the compliance of technical regulation facilities with the requirements of technical regulations;

12) regulatory technical document – a document containing technical and technological standards;

13) training center – a legal entity that provides training and advanced training for expert auditors on conformity assessment;

14) interrelated standards – national and (or) interstate standards that ensure compliance with the requirements established by technical regulations;

15) products are the result of an activity presented in a tangible form and intended for further use for economic and other purposes.;

16) product and process safety – the absence of unacceptable risks associated with harm to human life, health, and the environment, including flora and fauna;

17) release of products into circulation – delivery (sale) or import of products (including shipment from the manufacturer's warehouse or shipment without warehousing) for the purpose of distribution on the territory of the Republic of Kazakhstan in the course of entrepreneurial activity;

18) product lifecycle – processes of design (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal of products;

19) the applicant is a legal entity or an individual registered as an individual entrepreneur (manufacturer, importer, authorized by the manufacturer, seller) registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union, who provided products, processes and services for conformity assessment;

20) process – a set of interrelated and sequential actions (works) in order to achieve any given result, including the processes of the product life cycle;

21) seller – a legal entity registered in accordance with the legislation of the Republic of Kazakhstan or an individual registered as an individual entrepreneur who sells products to the buyer (consumer);

22) conformity mark – a designation used to inform customers about the passage of products and services through the procedures for confirming compliance with the requirements established by technical regulations and (or) national standards;

23) certificate of conformity – a document certifying the compliance of technical regulation facilities with the requirements established by technical regulations and (or) standardization documents;

24) the holder of the certificate of conformity is an applicant for conformity assessment who has received a certificate of conformity.;

25) declaration of conformity – a document by which the manufacturer, importer, a person authorized by the manufacturer or the seller certify the conformity of products, processes and services in circulation with the requirements of technical regulations and standardization documents;

26) conformity assessment – direct or indirect determination of compliance with the requirements imposed on the object of technical regulation;

27) voluntary confirmation of conformity is a procedure by which conformity of products, processes and services is confirmed, conducted on the initiative of the applicant for compliance with standardization documents and (or) the applicant's requirements.;

28) mandatory confirmation of conformity is a procedure by which the conformity of products with the requirements established by technical regulations is confirmed.;

29) conformity assessment is a procedure that results in documentary evidence (in the form of a declaration of conformity or a certificate of conformity) of the conformity of an object of technical regulation with the requirements established by technical regulations and (or) standardization documents;

30) conformity assessment body – a legal entity accredited in accordance with the established procedure to carry out conformity assessment activities;

31) expert auditors for conformity assessment - individuals certified in accordance with the procedure determined by the authorized body;

32) conformity assessment scheme – a set and sequence of conformity assessment procedures;

33) certification is a procedure by which a conformity assessment body certifies that products and/or related processes, as well as services, comply with established requirements.;

34) testing is a procedure within the framework of conformity assessment or an independent form of conformity assessment conducted by a testing laboratory (center), which results in the determination of one or more quantitative and (or) qualitative characteristics of the properties of a product sample or other conformity assessment object according to an established methodology.;

35) testing laboratory (center) (hereinafter referred to as laboratory) is a legal entity or a structural subdivision of a legal entity acting on its behalf, carrying out tests (research);

36) a technically complex product is an industrial product with a technically complex internal structure that includes many structural or heterogeneous elements forming a single whole that allows it to be used for its intended purpose.;

37) technical barrier – an obstacle that arises in trade between countries due to differences or variability in the requirements contained in technical regulations and (or) standardization documents;

38) technical regulations – a regulatory legal act that establishes requirements for products or for products and related life cycle processes, developed and applied in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation or an international treaty ratified by the Republic of Kazakhstan;

39) technical regulation is the legal regulation of relations in the field of establishing, applying and fulfilling mandatory requirements for products or for products and related processes of design (including surveys), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal, as well as in the field of conformity assessment;

40) the authorized body in the field of technical regulation (hereinafter referred to as the authorized body) is the central executive body responsible for management and intersectoral coordination in the field of technical regulation.;

41) technical regulation information system – an automated information system designed to store, process, search, distribute, transmit and provide information and information contained in the registers of technical regulation, the state system for ensuring the uniformity of measurements, the national standardization system and the unified registers of issued or accepted documents on conformity assessment of the Eurasian Economic Union;

42) the web portal of the technical regulation information system (hereinafter referred to as the web portal) is an Internet resource that provides a single access point to the technical regulation information system;

43) technical secretariat – an organization designated by the authorized body to carry out activities to verify the correctness and validity of vehicle type approval, chassis type approval, collection of information on issued safety certificates of vehicle construction and assignment of international identification codes to vehicle manufacturers;

44) principles of good laboratory practice – a system of requirements aimed at ensuring the quality of preclinical laboratory research, including the processes of organization, planning, procedure for conducting and monitoring preclinical laboratory research in the field of human health, environmental safety, registration, archiving and presentation of the results of such research;

45) monitoring of compliance with good laboratory practice – within the framework of contractual relations, periodic inspection of laboratories and (or) audit of their research results in order to confirm compliance with the principles of good laboratory practice.

This Law establishes the fundamental principles of technical regulation that arise when establishing and fulfilling requirements for products, related processes, and the provision of services, and also defines the legal basis for the functioning of the state system of technical regulation.

President

Republic of Kazakhstan

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