Article 7. Competence of the authorized body of the Law On Technical Regulation

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1. In the field of technical regulation, the authorized body exercises the following powers:

1) forms the state system of technical regulation;

2) formulates and implements the state policy in the field of technical regulation;

3) carries out intersectoral coordination of the activities of government agencies, individuals and legal entities in the field of technical regulation;

4) develops and approves rules for the approval and registration of vehicle type approvals, chassis type approvals;

5) develops and approves rules for assigning international identification codes to vehicle manufacturers;

6) develops and approves the form of the certificate of assignment of the international identification code to the vehicle manufacturer;

7) develops and approves rules for the implementation of the principles of good laboratory practice;

8) develops and approves a plan for the development of technical regulations;

9) interacts with expert councils, individuals and legal entities on issues of technical regulation;

10) forms a negotiating position on technical regulation issues and represents the Republic of Kazakhstan in international and regional organizations for technical regulation, conformity assessment and accreditation in the field of conformity assessment;

11) develops and approves the rules for the formation, maintenance and maintenance of the register of technical regulation;

12) ensures the functioning of the Information Center;

13) develops and approves licensing requirements for conformity assessment experts, a list of documents confirming compliance with them, as well as rules for attestation and renewal of certificates of conformity assessment experts in coordination with the authorized body in the field of permits and notifications and the authorized body in the field of informatization;

14) develops and approves the requirements for training centers and the rules for their inclusion in the register of technical regulation;

15) carries out state control and supervision regarding the release of products into circulation for their compliance with the requirements of technical regulations, as well as for compliance by subjects of state control and supervision in the field of technical regulation with the requirements established by the legislation of the Republic of Kazakhstan in the field of technical regulation, other regulatory legal acts of the Republic of Kazakhstan or decisions of the Eurasian Economic Commission;

16) develops and approves checklists and criteria for assessing the degree of risk in accordance with the Business Code of the Republic of Kazakhstan on state control and supervision in the field of technical regulation regarding the release of products into circulation for their compliance with the requirements of technical regulations;

16-1) defines a list of requirements, the violation of which entails the use of rapid response measures, and also defines, in relation to specific violations of the requirements, a specific type of rapid response measure, indicating the duration of this measure (if necessary).

The list of requirements, the violation of which entails the use of rapid response measures, includes requirements that are subject to state control in accordance with Article 143 of the Entrepreneurial Code of the Republic of Kazakhstan.;

16-2) determines the procedure for organizing and conducting a control purchase in the field of technical regulation;

17) creates consultative and advisory bodies in the interests of ensuring the safety of products and processes;

18) carries out expert examinations, coordination of developed technical regulations, coordination of suspension or cancellation of technical regulations, including initiation of issues of suspension or cancellation of technical regulations by state bodies;

19) develops and approves rules for the development, examination, adoption, amendment and cancellation of technical regulations;

20) develops and approves technical regulations;

21) develops and approves the rules for the recall of products that do not comply with the requirements of technical regulations;

22) prohibits the release into circulation of products that pose an immediate threat to the rights and legitimate interests of individuals and legal entities, human life and health, and the environment, in accordance with this Law;

23) carries out cancellation of the validity of conformity assessment documents in accordance with this Law;

24) takes measures to suppress and prevent the release into circulation of products that do not comply with the requirements of technical regulations;

25) seizes products that pose an immediate threat to the rights and legitimate interests of individuals and legal entities, human life and health, and the environment, in accordance with this Law, and files a lawsuit to deprive the subject of supervision of the right to own, use, and (or) dispose of such products in accordance with the civil procedure legislation of the Republic of Kazakhstan;

26) makes proposals to government agencies on bringing regulatory legal acts and legal acts affecting technical regulation facilities in line with the legislation of the Republic of Kazakhstan in the field of technical regulation, technical regulations and national standards;

27) applies to the court in case of non-fulfillment or improper fulfillment by individuals or legal entities of legal requirements or regulations, resolutions issued by officials in the field of technical regulation.

2. In the field of conformity assessment, the authorized body exercises the following powers:

1) develops and approves the rules of conformity assessment;

2) ensures the organization of work on interlaboratory comparative tests (comparison);

3) develops and approves rules for verifying the correctness and validity of vehicle type approvals and chassis type approvals;

4) develops and approves the rules for the release into circulation of products not included in the Unified List, included in the Unified List, but for which technical regulations have not been adopted or put into effect, as well as the list of products for which a declaration of general safety is being adopted, the form of the declaration of general safety;

5) approves for use in the territory of the Republic of Kazakhstan in order to ensure compliance with the requirements of the technical regulations of the Eurasian Economic Union, conducting research (tests) and measurements in assessing the compliance of technical regulation facilities with the requirements of the technical regulations of the Eurasian Economic Union national (state) standards of the member States of the Eurasian Economic Union as national standards of the Republic of Kazakhstan;

6) develops and approves the rules for making decisions on the inclusion or exclusion of conformity assessment bodies in the national part (from the national part) of the unified register of conformity assessment bodies of the Eurasian Economic Union.

3. The authorized body shall exercise other powers provided for by this Law, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.

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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