of May 28, 2021 No. 371-HK
About modification of the order of the Minister of investments and development of the Republic of Kazakhstan of December 26, 2018 No. 918 "About approval of Rules of development, approval, examination, approval, registration, accounting, change, review, cancellation and enforcement of national standards (except for military national standards), national qualifiers of technical and economic information and recommendations about standardization"
I ORDER:
1. Bring in the order of the Minister of investments and development of the Republic of Kazakhstan of December 26, 2018 No. 918 "About approval of Rules of development, approval, examination, approval, registration, accounting, change, review, cancellation and enforcement of national standards (except for military national standards), national qualifiers of technical and economic information and recommendations about standardization" (it is registered in the Register of state registration of regulatory legal acts for No. 18075) the following change:
Rules of development, approval, examination, approval, registration, accounting, change, review, cancellation and enforcement of national standards (except for military national standards), national qualifiers of technical and economic information and recommendations about standardization, approved by the specified order to be reworded as follows according to appendix to this order.
2. To provide to committee of technical regulation and metrology of the Ministry of Trade and integration of the Republic of Kazakhstan in the procedure established by the legislation:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on Internet resource of the Ministry of Trade and integration of the Republic of Kazakhstan.
3. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.
4. This order becomes effective since July 1, 2021 and is subject to official publication.
Minister of Trade and integration of the Republic of Kazakhstan
B. Sultanov
Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of May 28, 2021 No. 371-HK
Approved by the Order of the Minister of investments and development of the Republic of Kazakhstan of December 26, 2018 No. 918
1. These rules of development, approval, examination, approval, registration, accounting, change, review, cancellation and enforcement of national standards (except for military national standards), national qualifiers of technical and economic information and recommendations about standardization (further - Rules) are developed according to the subitem 8) of article 9 of the Law of the Republic "About standardization" (further - the Law) and determine procedure for development, approval, examination, approval, registration, accounting, change, review, cancellation and enforcement of national standards (except for military national standards), national qualifiers of technical and economic information and recommendations about standardization.
2. In these rules the following basic concepts are used:
1) authorized body in the field of standardization (further - authorized body) - the central executive body performing management in the field of standardization;
2) information system of technical regulation - the automated information system intended for storage, processing, search, distribution, transfers and provisions of the data and information containing in registers of technical regulation, state system for ensuring the uniformity of measurements, national system of standardization and unified registers of the issued or accepted documents on assessment of conformity of the Eurasian Economic Union.
3. Development of national standards (except for military national standards), national qualifiers of technical and economic information and recommendations about standardization (further - documents on standardization) is performed according to the national plan of standardization approved by authorized body according to the subitem 6) of article 9 of the Law and (or) in initiative procedure.
Information on the documents on standardization developed in initiative procedure prior to their development goes developer in electronic form to national authority on standardization (further - the NOSE) by means of information system of technical regulation.
The NOSE within 10 (ten) working days from the date of receipt checks information on the developed documents on standardization and notifies the developer by means of information system of technical regulation on identification or lack of duplication with the documents existing and planned for development on standardization.
4. Documents on standardization are developed taking into account:
1) results of scientific research (testing) and measurements;
2) the international, regional standards, standards of the organizations, standards of the foreign states and other documents establishing requirements to subject of standardization;
3) the gained practical experience of application of new types of products, processes and services.
The period of development of the documents on standardization developed on the basis of scientific research and measurements shall not exceed 3 (three) years.
5. Development of documents on standardization is performed by the interested subjects of national system of standardization.
6. The national qualifier of technical and economic information is developed on main types of the technical and economic information used in industries of economy and requiring accounting.
7. Recommendations about standardization contain the organizational and methodical provisions, voluntary for application, concerning work on standardization, and also ensuring unity of measurements and confirmation of conformity, promoting application of the corresponding standard, or provision which reasonablly previously to check in practice before their establishment in the standard.
8. Documents on standardization are developed according to ST of PK 1.2 "National system of standardization of the Republic of Kazakhstan. Procedure for development of documents on standardization" (further - ST of PK 1.2), ST of PK 5.1 "National system of standardization of the Republic of Kazakhstan. Classification system and codings of technical and economic information. Procedure for development of national qualifiers of technical and economic information" (further - ST of PK 5.1).
9. Procedures of creation, registration, content, statement of documents for standardization are established by fundamental national standards.
10. Approval of documents on standardization includes the following stages:
1) public discussion;
2) approval of the interested subjects of national system of standardization;
3) technical discussion in technical committee on standardization, and in case of its absence - in the NOSE.
11. Public discussion is performed according to ST of PK 1.2 in information system of technical regulation within 60 (sixty) calendar days from the date of placement of documents on standardization.
12. Documents on standardization depending on subject of standardization are sent by developer for approval to the following persons:
1) to the customer of development (in the presence);
2) to the interested state bodies within their competence;
3) to National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken;
4) to users of documents on standardization, in form of business of the legal entity;
5) to branch associations of legal entities in the form of associations (unions) (according to activity);
6) to subjects of accreditation (according to area of accreditation);
7) to research institutions and/or research laboratories (in the presence).
Other interested subjects of national system of standardization consider draft documents on standardization in information system of technical regulation.
13. During public discussion draft documents on standardization undergo obligatory technical discussion in special-purpose technical committee on standardization, and in case of its absence - in the NOSE.
If the basic organization of technical committee on standardization is developer of draft documents on standardization, technical discussion takes place in the NOSE.
Results of technical discussion are reflected in the protocol which is introduced to the document on standardization in information system of technical regulation.
In case of not reaching consensus within technical discussion, at the initiative of developer of draft documents on standardization, repeated technical discussion it is performed in technical committee on standardization or in the NOSE.
Carrying out technical discussion in technical committee on standardization is performed according to ST of RK 1.15 "National system of standardization of the Republic of Kazakhstan. Technical committees on standardization. Procedure for creation and activities".
14. The notes and offers arriving to draft documents on standardization after completion of public discussion are accepted at the discretion of developer.
In case of non-presentation of approval to draft documents on standardization by persons specified in subitems 2) - 7) Item 12 of these rules within 60 (sixty) calendar days, draft documents on standardization are considered approved without notes.
15. The developer of the document on standardization following the results of approval performs preparation of the report of responses with inclusion of the accepted and not accepted notes and proposals of the approving persons. In case of rejection of notes and proposals of the approving persons, the developer directs the answer with reasons for the reasons of rejection.
The final version of the draft document on standardization is sent on repeated approval to persons having notes to the draft document on the standardization which is not affecting execution of the project. The draft document on standardization is distributed together with the report of responses.
The term of repeated approval constitutes 10 (ten) working days from the date of the direction of the draft document on standardization to the approving persons.
16. The developer of the document on standardization creates case according to ST of RK 1.22 "National system of standardization of the Republic of Kazakhstan. Case of the document on standardization. Procedure for forming and delivery in Single state fund of regulating technical documents".
17. The developer directs by means of information system of technical regulation the drawn-up case of the document on standardization to the NOSE for conducting examination.
18. Examination of drafts of national standards (except for military national standards) (further - standards) is performed for the purpose of:
1) establishments of reaching consensus of subjects of national system of standardization, except as specified developments of the standards raising safety issues of subjects of standardization;
2) establishments of compliance to requirements of the legislation of the Republic of Kazakhstan and the Eurasian Economic Union (further - EEU);
3) checks of completeness of completeness of cases of standards according to Item 16 of these rules;
4) exceptions of duplication of requirements of the existing standards;
5) the analysis of the report of responses on completeness of approval of drafts of standards, according to Item 12 of these rules;
6) establishments of observance of procedure for development and approval of drafts of the standards provided in Chapters 2 and 3 of these rules;
7) establishments of compliance to requirements of the international, regional standards, standards of the foreign states and other documents establishing requirements to subject of standardization on the basis of which drafts of standards are developed;
8) establishments of authenticity of transfer of the text into the state and Russian languages according to fundamental national standards.
19. Examination of projects of national qualifiers of technical and economic information is performed for the purpose of:
1) establishments of observance of procedure for development and approval of projects of the national qualifiers of technical and economic information specified in Chapters 2 and 3 of these rules;
2) establishments of compliance to requirements of the legislation of the Republic of Kazakhstan and EEU;
3) checks of completeness of completeness of cases of national qualifiers of technical and economic information according to Item 16 of these rules;
4) the analysis of the report of responses on completeness of approval of projects of national qualifiers of technical and economic information, according to Item 12 of these rules.
20. Examination of drafts of recommendations about standardization is performed for the purpose of:
1) establishments of compliance of the developed recommendations about standardization to requirements of the legislation of the Republic of Kazakhstan, EEU and documents for standardization;
2) detection of need of review, updating and (or) standardization of the existing or earlier developed documents on standardization;
3) checks of completeness of completeness of cases of recommendations about standardization according to Item 16 of these rules;
4) the analysis of the report of responses on completeness of approval of drafts of recommendations about standardization according to Item 12 of these rules.
21. In case of discrepancy of the submitted documents to requirements provided in Item 16 of these rules, the NOSE by means of information system of technical regulation returns cases of draft documents on standardization on completion no later than 5 (five) working days from the date of their receipt.
22. Expertize of draft documents on standardization is carried out within 20 (twenty) working days from the date of their receipt in the NOSE according to ST of RK 1.33 "National system of standardization of the Republic of Kazakhstan. Procedure for conducting examination of documents on standardization".
23. The compulsory provision of document approval on standardization is reaching consensus, except for the documents on standardization raising safety issues of subjects of standardization.
The decision on document approval on standardization, raising safety issues of subject of standardization, is accepted by authorized body in coordination with the interested state body.
The consensus is considered reached on condition of the consent of the majority with it of the interested subjects of national system of standardization and lack of contradictions to the legislation of the Republic of Kazakhstan according to the fundamental national standard.
24. Following the results of positive result of examination, the draft document on standardization is submitted scientific and technical council on standardization the NOSE (further - NTS the NOSE).
On NTS the NOSE the interested state bodies, National chamber of entrepreneurs of the Republic of Kazakhstan of Atameken, the organization and other subjects of national system of standardization within sphere of activity take part.
The regulations on NTS the NOSE affirm the NOSE.
The notice on date of meeting of NTS the NOSE to the interested state bodies, the organizations and other subjects of national system of standardization goes the NOSE no later than 3 (three) working days about day of holding meeting.
The term of consideration of NTS the NOSE of draft documents on standardization constitutes 10 (ten) working days from the moment of issue of the conclusion about positive results of examination the NOSE.
In the presence of notes of members of NTS the NOSE draft documents on standardization return to completion to developer before complete elimination of notes.
25. The protocol on the positive solution of NTS the NOSE, draft documents on standardization introduces the NOSE to authorized body for approval.
Documents on standardization affirm the decision of authorized body within 10 (ten) working days from the moment of their receipt.
Action of this Item does not extend to documents on the standardization raising safety issues of subjects of standardization.
26. In the NOSE NTS protocol data on reference of documents on standardization to mentioned safety issues of subjects of standardization and the interested state bodies with which it is recommended to approve the draft document on standardization are specified (depending on subject of standardization).
The NOSE NTS protocol and draft documents on the standardization raising safety issues of subjects of standardization, the NOSE sends to authorized body.
Approval of the draft documents on standardization raising safety issues of subjects of standardization is performed by authorized body with the interested state bodies before their approval (in the form of projects) within 10 (ten) working days.
In case of non-presentation of approval by state bodies to draft documents on standardization within 10 (ten) working days, draft documents on standardization are considered approved without notes.
Approval is performed by authorized body concerning approved (without notes) the draft document on standardization within 10 (ten) working days from the moment of receipt of line item from state body.
27. The developer within 7 (seven) working days from the date of approval of the document by authorized body on standardization supplements case of the document on standardization by means of information system of technical regulation in electronic form for its registration in the NOSE with the following documents:
1) the order of authorized body on approval of the document on standardization;
2) NOSE NTS protocol;
3) expert opinion NOSE;
4) the draft document on standardization in the state and Russian languages.
28. Document registration on standardization provides entering into the register of national system of standardization and preparation for the edition of documents on standardization according to ST of PK 1.2.
29. In case of representation by developer of incomplete set of the documents specified in Items 16 and 27 of these rules, the NOSE no later than 5 (five) working days from the date of provision of documents returns to developer by means of information system of technical regulation case of the document on standardization for completion.
30. After carrying out registration, case of the document on standardization is contributed to Single state fund of regulating technical documents.
31. Changes on standardization are made to documents during the replacing, amendment or exception of separate requirements, prolongation, restriction or recovery of their action, introduction of new requirements and harmonization with international standards which do not involve violation of requirements of interchangeability and compatibility of new products with products made according to the existing documents on standardization.
32. Changes in documents on standardization are developed and affirm according to the procedure, established in Chapters 2 - 6 these rules and according to ST of PK 1.2.
33. Review of documents on standardization is performed in case of considerable change of its content, constituting more than 50% of amount.
34. Review of documents on standardization is performed according to the procedure, established in Chapters 2 - 6 these rules.
35. Cancellation of documents on standardization is performed in the following cases:
1) contradictions to requirements of the legislation of the Republic of Kazakhstan;
2) enforcement of new documents on standardization instead of operating;
3) acceptances in the territory of the Republic of Kazakhstan of interstate standards (for standards and recommendations about standardization);
4) losses of relevance of application of documents on standardization.
36. In case of cancellation of documents on the standardization initiating cancellation subjects of national system of standardization send by means of information system of technical regulation to authorized body the relevant proposal.
37. The authorized body considers question of cancellation of documents on standardization from the date of receipt within 10 (ten) working days after carrying out the analysis the NOSE.
38. The NOSE provides carrying out the analysis and consideration at NTS meeting the NOSE of the offer on cancellation of documents on standardization within 10 (ten) working days after their receipt in the NOSE.
39. Analysis results the NOSE and recommendations of NTS the NOSE on the offer on cancellation of documents on standardization are submitted by means of information system of technical regulation in authorized body. Following the results of consideration of question of cancellation of documents on standardization, authorized body makes the relevant decision.
40. The authorized body establishes the term of enforcement of documents on standardization.
41. Date of Introduction of documents on standardization, and also changes to them, is established taking into account implementation of actions, providing their implementation, terms of updating of production technologies (accomplishment of services) of subject of standardization not earlier than in 6 (six) months from the date of their approval.
Reducing term of enforcement of documents on standardization, and also changes is allowed to them according to the decision of authorized body provided that they are available to interested persons in the published type.
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