Article 17. Rights and obligations of the holder of the certificate of conformity, the person accepting the declaration of conformity The Law on Technical Regulation

Home / RLA / Article 17. Rights and obligations of the holder of the certificate of conformity, the person accepting the declaration of conformity The Law on Technical Regulation

1. The applicant for certification of mass-produced products may be a manufacturer or a person authorized by the manufacturer.

When mass-produced products are imported into the territory of the Republic of Kazakhstan, the applicant for their certification must be a person authorized by the manufacturer.

Applicants for certification of a batch of products (a single product) may be a manufacturer, seller, importer, or a person authorized by the manufacturer.

When importing into the territory of the Republic of Kazakhstan products manufactured in batches (single products), the importer must be the applicant for its (his) certification.

2. The holder of the certificate of conformity has the right to:

1) apply to the conformity assessment body with an application for re-certification;

2) submit an application to the conformity assessment body for making changes and (or) additions to the certificate of conformity, issuing a duplicate certificate, terminating the certificate, issuing a certificate upon re-certification;

3) appeal to the authorized body against the decisions and (or) actions (inaction) of the conformity assessment body, and in case of disagreement with the decision of the authorized body or failure to receive a response within the time period established by the law of the Republic of Kazakhstan, appeal to the court;

4) exercise other rights in accordance with this Law, other laws of the Republic of Kazakhstan, technical regulations of the Eurasian Economic Union and other law of the Eurasian Economic Union, as well as international treaties of the Republic of Kazakhstan that do not constitute the law of the Eurasian Economic Union, the contract for the performance of certification works.

3. The holder of the certificate of conformity is obliged to:

1) constantly comply with certification requirements, including the implementation of relevant changes brought to it by the conformity assessment body, in accordance with the terms of the agreement between the applicant for certification and the conformity assessment body;

2) comply with the product requirements established by the technical regulations for which the certification was carried out.;

3) after the suspension or cancellation of the certificate of conformity, stop using all advertising materials that contain references to certification and take the measures provided for by the certification scheme.;

4) inform the conformity assessment body about all changes in products, their production process, management system (if any), changes in technological equipment of production, relocation of production facilities, changes in organizational and legal status or form of ownership, address, contact information.

4. It is not allowed to use certificates of conformity on the territory of the Republic of Kazakhstan when putting into circulation products subject to mandatory conformity assessment, information about which is not available in the register of technical regulation or the unified registers of issued or accepted documents on conformity assessment of the Eurasian Economic Union.

5. The holder of the certificate of conformity bears the responsibility established by the laws of the Republic of Kazakhstan for the release into circulation of products that do not meet the requirements established by technical regulations and do not comply with the information specified in the certificate of conformity.

6. The person accepting the declaration of conformity has the right:

1) choose any conformity assessment scheme used in the declaration of conformity from among the schemes provided for this conformity assessment object, taking into account the conditions of their application;

2) determine the specific composition of evidentiary materials in relation to a specific conformity assessment object, taking into account the chosen conformity assessment scheme and the requirements for the composition of evidentiary materials defined by the technical regulations, and in cases where there are no technical regulations or the composition of evidentiary materials is not defined by them, in accordance with the rules of conformity assessment;

3) submit to the conformity assessment body in writing an application for registration of the declaration of conformity, unless otherwise provided by the technical regulations of the Eurasian Economic Union and other law of the Eurasian Economic Union;

4) submit to the conformity assessment body in writing an application for termination of the registration of the declaration of conformity, a notice of termination of the declaration of conformity to the technical regulations of the Eurasian Economic Union, or an application for termination of the declaration of conformity in a single form;

5) appeal to the authorized body against the decisions and (or) actions (inaction) of the conformity assessment body, and in case of disagreement with the decision of the authorized body or failure to receive a response within the time limit established by the law of the Republic of Kazakhstan, appeal to the court.

7. The person accepting the declaration of conformity must:

1) comply with the requirements of the conformity assessment rules and (or) decisions of the Eurasian Economic Union concerning the declaration of conformity and registration of declarations of conformity;

2) ensure that products for which a declaration of conformity has been adopted and registered comply with the requirements established by technical regulations;

3) suspend or discontinue the release into circulation of products for which there is a registered declaration of conformity, if these products do not comply with the requirements of technical regulations.

8. When mass-produced products are imported into the territory of the Republic of Kazakhstan, a declaration of conformity adopted by an authorized manufacturer is recognized.

When imported into the territory of the Republic of Kazakhstan, the declaration of conformity accepted by the importer is recognized.

9. It is not allowed to use declarations of conformity on the territory of the Republic of Kazakhstan when putting into circulation products subject to mandatory conformity assessment, information about which is not available in the register of technical regulation or the unified registers of issued or accepted documents on conformity assessment of the Eurasian Economic Union.

10. The person who accepted the declaration of conformity bears the responsibility established by the laws of the Republic of Kazakhstan for the release into circulation of products that have passed the conformity assessment procedure and do not meet the requirements established by technical regulations and do not comply with the information specified in the declaration of conformity.

11. The provisions of paragraph 1 of this article shall apply to holders of a vehicle type design safety certificate, vehicle type approval, with exceptions provided for by the relevant technical regulations of the Eurasian Economic Union.

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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