State supervision in the field of technical regulation regarding the release into circulation of products for their compliance with the requirements of technical regulations

In order to prevent the occurrence of socially dangerous consequences during the implementation of unscheduled inspections and preventive control and supervision with a visit to the subject of control, in case of violations that pose a direct threat to the rights and legitimate interests of individuals and legal entities, human life and health, the environment, the law applies restrictive measures of rapid response in the form of a ban on the release and withdrawal of products.

Violations that pose a threat to the rights and legitimate interests of individuals and legal entities, human life and health, and the environment include non-compliance of products with the requirements of technical regulations, the release into circulation of products for which technical regulations have been put into effect, which have not passed conformity assessment, the release into circulation of products for which technical regulations have been put into effect, without the availability of conformity assessment documents or in the absence of information about the availability of such documents in the register of technical regulation or unified registers of issued or accepted conformity assessment documents of the Eurasian Economic Union.

 The right restrictive measures of rapid response are understood as ways of influencing the subject of supervision.

Products whose non-compliance with the requirements of technical regulations is proved by the results of laboratory tests during the state control and supervision in the field of technical regulation are subject to withdrawal.

The withdrawal of products is carried out on the basis of a decision on the withdrawal of products, which is handed over to the subject of supervision for mandatory execution.

For non-compliance with the decision on the withdrawal of products, the subject of supervision is responsible, established by the laws of the Republic of Kazakhstan.

Seized products that do not meet the requirements of technical regulations and pose a threat to the rights and legitimate interests of individuals and legal entities, human life and health, the environment, are not subject to use in economic and other activities and must be destroyed or can be disposed of or processed in compliance with the requirements established by the authorized body, as well as environmental legislation of the Republic of Kazakhstan, legislation of the Republic of Kazakhstan in the field of veterinary medicine, on civil protection, and the requirements of regulatory legal acts in the field of sanitary and epidemiological welfare of the population, or taken back outside the Republic of Kazakhstan.

The costs associated with the transportation (transportation), storage, destruction, disposal, processing of seized products or their re-export outside the Republic of Kazakhstan are borne by the subject of supervision.

If the products do not comply with the requirements of technical regulations regarding labeling, the products are not subject to withdrawal.

 

Acting Head of the Department of the Committee of Technical Regulation and Metrology of the MTI RK in the West Kazakhstan region Zhanakhyn Tygynbayev