New Law "On Technical Regulation" adopted
On December 30, 2020, the Law of the Republic of Kazakhstan N 396-VI "On technical regulation" (hereinafter - the Law) was adopted. The law comes into effect six months after the day of its first official publication.
The adoption of the Law is due to the increased requirements for the quality and safety of domestic goods from the internal and external markets, and the deepening of integration processes.
First of all, the Law is intended to regulate public relations arising from the establishment and implementation of mandatory requirements for products, including buildings and structures related to the requirements for products, processes of design (including survey), production, construction, installation, commissioning, operation, storage, transportation, sale and disposal, application on a voluntary basis of requirements for products, processes and provision of services, conformity assessment and state control and supervision in the field of technical regulation, and also establishes the legal framework for the state system of technical regulation.
Article 17 defines the rights and obligations of the owner of the certificate of conformity, the person receiving the declaration of conformity. So, for certification of serial production, the applicant can be a manufacturer or a person authorized by the manufacturer.
When importing serial production products into the territory of the Republic of Kazakhstan, the applicant for its certification must be a person authorized by the manufacturer.
For certification of a batch of products (a single product), applicants 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 product), the applicant for its (his) certification must be the importer.
The right and obligations of the owners of the certificate of conformity and the persons accepting the declaration of conformity are also defined.
The owner of the certificate of conformity or the person who has accepted the declaration of conformity shall bear 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 correspond to the information specified in the certificate of conformity or the declaration of conformity.
When serially produced products are imported into the territory of the Republic of Kazakhstan, a declaration of conformity adopted by a person authorized by the manufacturer is recognized.
When imported into the territory of the Republic of Kazakhstan, the products manufactured in batches shall be recognized by the declaration of conformity adopted by the importer.
Particular attention should be paid to the fact that it is not allowed to use on the territory of the Republic of Kazakhstan when releasing products subject to mandatory confirmation of conformity, certificates of conformity, information about which is absent in the register of technical regulation or unified registers of issued or accepted documents on conformity assessment of the Eurasian Economic Union ...
Head of the Department of the Committee for Technical Regulation and Metrology of the MTI RK for WKO Zhanakhyn Tygynbaev