Article 21. The specifics of the development, examination, adoption, amendment and repeal of the technical regulations of the Law on Technical Regulation

Home / RLA / Article 21. The specifics of the development, examination, adoption, amendment and repeal of the technical regulations of the Law on Technical Regulation

1. Technical regulations, amendments and (or) additions to technical regulations are developed, adopted and are subject to cancellation in accordance with the established procedure, taking into account the provisions of this Law.

2. Proposals for the development, amendment, addition or cancellation of technical regulations are prepared by government agencies responsible for establishing mandatory rules and regulations, taking into account proposals from the technical committees for Standardization, the National Chamber of Entrepreneurs of the Republic of Kazakhstan, the National Standardization Body, and interested parties, and submitted to the authorized body.

3. The authorized body forms and approves a draft plan for the development of technical regulations. The approved plan for the development of technical regulations is subject to publication on the authorized body's Internet resource within ten calendar days from the date of approval in accordance with the established procedure.

Financing of work on the development of technical regulations that is not provided for in the plan for the development of technical regulations is not allowed at the expense of budgetary funds.

4. The state body that developed the draft technical regulations shall post on the Internet resource of the authorized body a notification in the prescribed form on the development of the draft, amendments and (or) additions or cancellation of the technical regulations no later than thirty calendar days from the start of work on the development of the draft, amendment and addition or cancellation of the regulatory legal act.

5. The state body that developed the draft technical regulations:

1) organizes a public discussion of the project;

2) finalizes the draft taking into account the comments received and places it in the public information system.;

3) submits, upon request, the comments received to the draft technical regulations to the interested parties.;

4) formulates a list of interrelated standards, as a result of which compliance with the requirements of the technical regulations is ensured, as well as a list of standards containing rules and methods of research (testing) and measurements, including sampling rules necessary for the application and fulfillment of the requirements of the technical regulations and the assessment (confirmation) of product conformity (hereinafter – the list standards containing rules and methods), which are issued as an appendix to the draft technical regulations.

The list of interrelated standards, as a result of which compliance with the requirements of the technical regulations is ensured, is not formed if the requirements of the technical regulations can be fulfilled directly.

The list of standards containing rules and methods is not formed in cases where the technical regulations do not contain requirements for conformity assessment or when the assessment of compliance with the requirements of the technical regulations can be carried out without conducting research (tests) and measurements.

The list of standards containing rules and methods includes national standards and (or) interstate standards, and in their absence, measurement methods that are mandatory for assessing (confirming) product conformity.

If the list of standards containing rules and methods does not include a national standard, an interstate standard, or measurement procedures necessary for the application and fulfillment of the requirements of the technical regulations and the assessment of compliance with technical regulations, the relevant requirement of the technical regulations is put into effect only after the relevant national standard and (or) interstate standard, and In case of their absence, the measurement procedure will be included in the list of standards containing rules and methods.

6. The period for public discussion of the draft technical regulations (from the date of publication of the notification of its development to the date of publication of the notification of the completion of the public discussion) must be at least sixty calendar days.

7. The notification of the completion of the public discussion of the draft technical regulations must be published on the Internet resource of the authorized body and contain information about the method of familiarization with the draft and the list of comments received, the name of the state body that developed the draft technical regulations, its postal and e-mail addresses.

8. The final version of the draft technical regulations is submitted for adoption in accordance with the procedure established by the legislation of the Republic of Kazakhstan.

9. Between the date of adoption and the date of entry into force or cancellation of the technical regulations, a period of time should be provided for the implementation of measures to ensure compliance with its requirements.

10. If it is necessary to develop, adopt and put into effect technical regulations, including amendments to them, caused by extraordinary circumstances (information from a government agency about an immediate threat to human life and health, the environment or national security), technical regulations are adopted without notification and public discussion.

11. The notification of the adopted technical regulations must be published on the Internet resource of the authorized body, as well as sent to the World Trade Organization Secretariat through the World Trade Organization Information Center in accordance with the legislation of the Republic of Kazakhstan on the regulation of trade activities.

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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