On September 1, 2020, in his Address to the people, the Head of State gave instructions to improve the safety and quality of products in the territory of the Republic of Kazakhstan, noting that the Law of the Republic of Kazakhstan "On Technical Regulation", adopted more than 10 years ago, does not meet modern challenges and realities and requires revision. On December 30, 2020, the draft Law "On Technical Regulation" was adopted in a new version, which is able to protect our consumers from unsafe products, and introduce mechanisms to support domestic producers.
The new legislation introduces a mechanism for rapid response under state control, and it is aimed primarily at the object of control of technical regulation, and not as before on the subject of control. Thus, the burden on business in the implementation of state control and supervisory measures will be reduced.
In the process of state control and supervision, the products themselves will be checked, and not the manufacturer or seller, since the products are subject to technical regulation. The updated legislation introduces a procedure for sampling unsafe products for laboratory testing. The basis for sampling will be a violation of the requirements of technical regulations in the implementation of conformity assessment products and (or) the absence of conformity assessment documents for the products released into circulation (i.e. without certificates of conformity or declaration of conformity).
In cases of detection of violations that directly threaten the rights and legitimate interests of individuals and legal entities, human life and health, and the environment, law-limiting measures of rapid response will be applied in the form of a ban on the release into circulation and withdrawal of products.
The withdrawal of products is a new measure of this Law. The products whose non-compliance with the requirements of the 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. It should be added that rapid response measures will be applied only if there is irrefutable evidence, and the ban on the release of products into circulation will remain in effect until the identified violations are eliminated.
Due to the fact that currently one of the problems of assessing the conformity of products is "gray certificates", i.e. falsification of accreditation subjects during the work on confirming the conformity of information, expressed in the form of an incomplete cycle of conducting the necessary laboratory tests, non-compliance with the established test deadlines, etc. To solve this problem, the new version of the Law" On Technical Regulation " obliges all subjects of accreditation to conduct photo and (or) video recording of the process of the results of research (testing) and measurement of products (if this is provided for by the technical regulations)to form the evidence base. Thus, gray certificates will become a thing of the past, and the system of protecting the market from unsafe products will become more effective.
Chief Specialist of the Department of the Committee of Technical Regulation and Metrology in Kostanay region N. Lisovskaya
rab. 50-49-18
SOT. 8-778-056-28-26