Article 26. Revocation, termination and suspension, revocation and cancellation of the accreditation certificate The Law on Accreditation in the field of Conformity Assessment

Home / RLA / Article 26. Revocation, termination and suspension, revocation and cancellation of the accreditation certificate The Law on Accreditation in the field of Conformity Assessment

1. The accreditation certificate is revoked by the accreditation body in the following cases::

1) the presence of an application of the subject of accreditation, sent in electronic form through the information system of technical regulation or on paper;

2) identification of inconsistencies with the accreditation criteria affecting the reliability of the conformity assessment results;

3) failure to eliminate the identified inconsistencies with the accreditation criteria within the time period established by the accreditation body;

3-1) confirmation of the facts indicated in the complaint or notification of the state body about the admission of violations of the accreditation criteria by the accreditation entity;

4) failure to eliminate the identified negative results of comparative tests and (or) comparisons of the results of verification, calibration of measuring instruments;

5) based on the results of monitoring the activities of the accreditation entities upon detection of violations of the accreditation criteria and conditions of the post-accreditation agreement;

6) failure to submit or provide false data in accordance with the procedure determined by the authorized body, within ten calendar days from the date of issue of the document on the assessment (confirmation) of compliance with information on electronic accounting of the results of conformity assessment (confirmation) carried out in accordance with the legislation of the Republic of Kazakhstan in the field of technical regulation.

The accreditation certificate may be revoked in relation to the activities of the structural unit of the accreditation entity.

In the event of the occurrence of the cases provided for in the sub-paragraphs 1), 2), 3), 3-1) and 4) the first part of this paragraph, which does not relate to the entire scope of the accreditation certificate, the accreditation body decides on the temporary invalidation of part of the scope of accreditation of the subject of accreditation.

2. If there are signs of an administrative offense in the identified inconsistencies with the accreditation criteria, the accreditation body, within three working days from the date of detection of such inconsistency, sends the collected materials to the authorized body for appropriate action.

3. A copy of the decision to revoke the accreditation certificate is sent to the accreditation entity by registered mail with notification within three working days from the date of the decision and is considered received from the date of the applicant's mark in the notification of the postal or other communication organization.

3-1. The accreditation certificate is considered withdrawn from the date of receipt by the accreditation entity of a copy of the decision to revoke the accreditation certificate and renewed from the date of the decision by the accreditation body to renew the accreditation certificate, but not earlier than two months after the date of the decision to revoke the accreditation certificate.

4. From the date of receipt of the decision to revoke the accreditation certificate, the subject of accreditation is obliged to take measures to eliminate the identified inconsistencies.

After the elimination of inconsistencies that served as the basis for the revocation of the accreditation certificate, the subject of accreditation submits in writing information on their elimination to the accreditation body for making a decision on the renewal of the accreditation certificate or part of the scope of accreditation.

If necessary, the accreditation body shall carry out an unscheduled assessment in accordance with the procedure provided for in Article 25 of this Law.

The decision to renew or refuse to renew the accreditation certificate or part of the scope of accreditation is made by the accreditation body within ten working days, calculated from the date of submission by the accreditation entity of information on the elimination of inconsistencies, and in cases of scheduled and unscheduled assessments – from the date of their completion.

If the accreditation body has not notified the accreditation entity in writing of its decision within the specified period, the accreditation certificate is renewed after the expiration of the specified period, but not earlier than two months after the date of the decision to revoke it.

5. The validity of the accreditation certificate is terminated on the following grounds:

1) the presence of an application of the subject of accreditation, sent in electronic form through the information system of technical regulation or on paper;

2) termination of the post-credit agreement.

6. The cancellation of the accreditation certificate is carried out by the court in accordance with the procedure established by the laws of the Republic of Kazakhstan, at the request of the accreditation body in case of detection of false information provided by the applicant or the subject of accreditation upon receipt of accreditation.

7. The suspension and revocation of the accreditation certificate are carried out in accordance with the Code of the Republic of Kazakhstan on Administrative Offences.

The Law of the Republic of Kazakhstan dated July 5, 2008 No. 61-IV.

This Law regulates public relations in the field of accreditation of conformity assessment bodies, as well as related relations.

President

Republic of Kazakhstan

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