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Home / RLA / Article 19. General provisions The Law on Technical Regulation

Article 19. General provisions The Law on Technical Regulation

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 19. General provisions The Law on Technical Regulation

      1. Technical regulations are developed and applied for the purposes provided for in paragraph 1 of Article 4 of this Law.

     2. The requirements of the adopted and put into effect technical regulations of the Republic of Kazakhstan and the technical regulations of the Eurasian Economic Union are mandatory for compliance by all subjects of technical regulation.

     3. The requirements established by the technical regulations are mandatory, have direct effect throughout the territory of the Republic of Kazakhstan and can be changed by making amendments and (or) additions to the relevant technical regulations.

     4. For products and (or) processes related to product requirements for development, design, surveys, production, construction, installation, commissioning, operation (use), storage, transportation (transportation), sale and disposal, for which the technical regulations of the Eurasian Economic Union have not been put into effect, the requirements of the technical regulations of the Republic apply. Kazakhstan and other regulatory legal acts of the Republic of Kazakhstan or decisions of the Eurasian Economic Commission.

     5. When manufacturing in the Republic of Kazakhstan products intended for export outside the customs territory of the Eurasian Economic Union, if the terms of the foreign trade agreement define other technical requirements than those established by the technical regulations of the Republic of Kazakhstan or the technical regulations of the Eurasian Economic Union, the terms of such agreement shall apply.

      6. The requirements defined by the technical regulations for processes shall be established and applied only if they may affect the achievement of the objectives provided for in paragraph 1 of Article 4 of this Law.

      7. The requirements established by technical regulations should not create obstacles to entrepreneurial activity to a greater extent than is necessary to achieve the goals provided for in paragraph 1 of Article 4 of this Law.

      8. In case of non-compliance of the technical regulations with the provisions of Article 4 of this Law, the interests of state policy, the development of the material and technical base and the level of scientific and technological development, as well as international treaties ratified by the Republic of Kazakhstan, the state body that adopted the technical regulations is obliged to initiate the procedure for repealing or amending such a regulatory legal act.

     9. Technical regulations should provide for the time and conditions for their entry into force, setting the time of the transition period during which issues for the entry into force of technical regulations, the development and (or) amendments and (or) additions to regulatory technical documentation, as well as issues related to the production should be taken into account.

     10. The requirements of technical regulations are considered fulfilled if interrelated standards were used in the production of products.

     The analysis and systematization of interrelated standards is carried out by the National Standardization Body in accordance with the legislation of the Republic of Kazakhstan in the field of standardization.

     Standardization documents may be used in the production of products, provided that they comply with the requirements and standards established by technical regulations.

     11. In the absence of conformity assessment schemes in technical regulations, they are defined in national standards.

 

     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     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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