ORDER OF THE MINISTER OF TRADE AND INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN

of May 25, 2021 No. 359-HK

About approval of Rules of development, examination, acceptance, change and cancellation of technical regulations

According to the subitem 19) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation", I ORDER:

1. Approve the enclosed Rules of development, examination, acceptance, change and cancellation of technical regulations.

2. Recognize to invalid:

1) the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 553 "About approval of Rules of development, examination, acceptance, change and cancellation of technical regulations" (it is registered in the Register of state registration of regulatory legal acts for No. 12072);

2) the order of the Minister of Trade and integration of the Republic of Kazakhstan of May 19, 2020 No. 119-HK "About modification and amendments in the order of the Minister of investments and development of the Republic of Kazakhstan of April 30, 2015 No. 553 "About approval of Rules of development, examination, acceptance, change and cancellation of technical regulations" (it is registered in the Register of state registration of regulatory legal acts for No. 20705).

3. 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.

4. To impose control of execution of this order on the supervising vice-Minister of Trade and integration of the Republic of Kazakhstan.

5. This order becomes effective since July 1, 2021 and is subject to official publication.

It is approved Ministry of Agriculture of the Republic of Kazakhstan

It is approved Ministry of Health of the Republic of Kazakhstan

It is approved Ministry of the industry and infrastructure development of the Republic of Kazakhstan

It is approved Ministry of Emergency Situations of the Republic of Kazakhstan

It is approved Ministry of ecology, geology and natural resources of the Republic of Kazakhstan

It is approved Department of Energy of the Republic of Kazakhstan

It is approved Committee of homeland security of the Republic of Kazakhstan

Approved by the Order of the Minister of Trade and integration of the Republic of Kazakhstan of May 25, 2021 No. 359-HK

Rules of development, examination, acceptance, change and cancellation of technical regulations

Chapter 1. General provisions

1. These rules of development, examination, acceptance, change and cancellation of technical regulations (further – Rules) are developed according to the subitem 19) of Item 1 of article 7 of the Law of the Republic of Kazakhstan "About technical regulation" (further – the Law) and determine procedure for development, examination, acceptance, change and cancellation of technical regulations.

2. These rules do not extend to procedures for development, acceptance, modification and cancellations of the technical regulations accepted within the Eurasian Economic Union and according to the procedure, the defined Agreement on the Eurasian Economic Union ratified by the Law of the Republic of Kazakhstan "About ratification of the Agreement on the Eurasian Economic Union".

Chapter 2. Procedure for development of technical regulations

3. Offers on development, change, amendment or cancellation of the technical regulation are prepared by state bodies which competence includes establishment of obligatory rules and regulations, taking into account offers of technical committees on standardization, National chamber of entrepreneurs of the Republic of Kazakhstan, National authority on standardization, concerned parties and are provided in authorized body in the field of technical regulation (further – authorized body).

The authorized body based on offers develops and approves the plan for development of technical regulations according to the subitem 8) of Item 1 of article 7 of the Law.

The technical regulation is developed in the presence of the concept which is attached to the draft of the technical regulation during public discussion.

In the concept are specified:

1) name of the technical regulation;

2) purpose of development of the technical regulation;

3) basis or scientific reasons for adoption of the technical regulation;

4) scope and subjects of the technical regulation with indication of goods item in codes of the single Commodity nomenclature of foreign economic activity of the Eurasian Economic Union (further – the CN FEA EEU);

5) addressees of regulation, including subjects of business activity, and the impact made on them by the regulation provided by the technical regulation;

6) information on problems which regulation needs to be established to minimize their negative influences;

7) the mechanism of the problem resolution to which solution adoption of the technical regulation is directed;

8) dangerous factors (risks);

9) information on availability and condition of the regulatory legal base of the Republic of Kazakhstan and the Eurasian Economic Union (the laws, resolutions, sanitary, construction, fire and other standards and rules establishing requirements to subject of the technical regulation);

10) information on availability of regulating documents of the international level (international agreements, directives, technical regulations of other countries);

11) information on condition of production, testing facilities and industry in general.

Information includes data on the number of test laboratories (centers) and bodies for confirmation of conformity having material opportunity to confirm products compliance, their geographic location and production capacities;

12) information on measures which acceptance is necessary for implementation of the technical regulation;

13) the expected results from implementation of the technical regulation, including information on positive and negative influence from implementation of the technical regulation on producers, consumers and in general on national economy, forecasting of possible technical barriers;

14) information on production volumes in the Republic of Kazakhstan and import volumes of products falling under action of the developed (changed/cancelled) technical regulation;

15) information on regulatory legal acts which need to be brought into accord with the technical regulation.

4. State bodies responsible for project development of the technical regulation:

1) place on the web portal of information system of technical regulation the notification on project development of the technical regulation, changes and (or) amendments or cancellation of the technical regulation in form according to appendix 1 to these rules no later than thirty calendar days from the moment of the beginning of project development, changes and (or) amendments or cancellation of technical regulations, and also fill and represent to Information center on technical barriers in trade, to sanitary and phytosanitary measures (further – Information center) the notification on project development of the technical regulation;

2) are involved in project development of the technical regulation of representatives of the interested state bodies, advisory councils in the field of technical regulation under state bodies, special-purpose technical committees on standardization, National chamber of entrepreneurs of the Republic of Kazakhstan, National authority on standardization, accredited associations of subjects of private entrepreneurship, industries and other concerned parties;

3) will organize carrying out the analysis of scientific and technical level of technical regulations and the standards interconnected with them;

4) will organize public discussion of the draft of the technical regulation during the term equal to at least 60 (sixty) calendar days from the date of publication of the notification on their development about day of publication of the notification on completion of public discussion which is placed on the web portal of information system of technical regulation;

5) according to article 83 of the Entrepreneurial code of the Republic of Kazakhstan for the purpose of increase in effectiveness and efficiency of state policy regarding use of specific regulatory tools carry out the procedure of the analysis of regulatory impact;

6) following the results of public discussion create the report of responses according to the draft of the technical regulation (on the project of changes) in form according to appendix 2 to these rules, notes and project proposals of the technical regulation (on the project of changes) which arrived later completion of public discussion are not subject to consideration and inclusion in the report of responses;

7) within 10 (ten) calendar days is provided at the request of concerned parties by the received notes and offers to the draft of the technical regulation;

8) within 15 (fifteen) calendar days finish the draft of the technical regulation taking into account the received notes and offers, and place the modifed project on the web portal of information system of technical regulation;

9) within 5 (five) calendar days send to authorized body the notification on completion of public discussion of the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation according to appendix 3 to these rules for placement on the web portal of information system of technical regulation which contains information on method of acquaintance with the project and the list of the received notes and offers, of names of the state body which developed the draft of the technical regulation, its postal and e-mail addresses and also fill and represent the notification on completion of public discussion of the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation to Information center.

5. Development of the technical regulation is not allowed concerning products, not included in the single list of products concerning which mandatory requirements within the Customs union are established approved by the decision of the Commission of the Customs union.

6. The technical regulation is developed on the basis of scientifically based and (or) statistical data.

The international, regional standards and standards of foreign states can be applied as basis in case of development of technical regulations fully or partially if they answer the purpose, stipulated in Item 1 article 4 of this Law.

7. The requirements established in the technical regulation shall answer main objectives and the principles of technical regulation, interests of state policy in the field of technical regulation, to development of material and technical resources and technological level, and also the legislation of the Republic of Kazakhstan and the international treaties ratified by the Republic of Kazakhstan.

The technical regulation provides the term and conditions of its introduction in action establishing time of transition period during which questions for enforcement of the technical regulation, development and (or) adjustment of regulating or technical documentation, and also the questions connected with production are considered.

8. Technical regulations taking into account risk degree of damnification establish minimum necessary requirements ensuring safety of products, the processes connected with requirements to these products.

9. The technical regulations establishing requirements of the same products are interconnected for the purpose of providing single structure and contents of the mandatory requirements imposed to products.

10. Development of the technical regulation is performed in the following procedure:

1) the scope where the exhaustive list of products is established (according to the CN FEA EEU qualifier) and processes to which the requirements established by the technical regulation and dangerous factors (risks) which should be avoided, and also criteria and methods of identification for the purposes of application of the technical regulation extend is determined;

2) terms and determinations are established. The terms and determinations used in the technical regulation shall not contradict terms and determinations, the established Law, the Law of the Republic of Kazakhstan "About accreditation in the field of assessment of conformity", the Law of the Republic of Kazakhstan "About ensuring unity of measurements", the Law of the Republic of Kazakhstan "About standardization".

It is allowed to make references to Articles of other legal acts of the Republic of Kazakhstan in which these terms and determinations are established;

3) product circulation conditions in the market of the Republic of Kazakhstan where regulations that products conform to the requirements established by the technical regulation and methods of bringing information on it to the consumer are established are determined (specifying about compliance to technical regulations in the accompanying documentation, availability of the certificate of conformity or the declaration of compliance or the certificate on state registration, the technical or regulating documentation or instructions for the correct operation or use of products, including the corresponding cautions, schemes of assembly);

4) requirements to safety of products and processes of its lifecycle where taking into account damnification risk degree, minimum necessary requirements ensuring their safety are established are established. The technical regulation taking into account risk degree of damnification can contain special requirements to objects of technical regulation according to Item 6 of article 20 of the Law.

Requirements are established only to products or to products and connected with requirements to products to the processes of its lifecycle connected with possibility of direct damnification of life and to health of the person and the environment.

Minimum necessary requirements are established by the specific description of necessary resulting effect of safety by each type of potentially dangerous factor (risk), inherent these products and process. At the same time methods of goal achievement of safety are not regulated, except cases when this purpose reaches only application of the specified method.

Numerical values of technical characteristics of products are established in cases if they have constant: "no more", "at least", "content is not allowed".

Indicators of safety are drawn up in the form of appendix to the technical regulation.

If it is impossible to determine requirements to products which long-term use can do harm which causing depends on the factors which are not allowing to determine degree of admissible risk, the technical regulation contains the requirements concerning informing the consumer on possible harm of products and factors on which it depends;

5) rules of sampling and testing of products, the rule and form of confirmation of conformity, including the scheme of confirmation of conformity (the choice of forms and schemes of confirmation of conformity is performed taking into account total risk from doubtful assessment and damage from application of products which underwent confirmation of conformity) and (or) requirements to terminology, packaging, marking or labeling and rules of their drawing can be established.

In case of absence in technical regulations of schemes of confirmation of conformity of products, they are determined in national standards;

6) the terms and conditions of enforcement of the technical regulation establishing time of transition period during which questions for enforcement of the technical regulation, development and (or) adjustment of regulating or technical documentation, and also the questions connected with production are considered are established;

7) are created the list of the interconnected standards as a result of application of which on voluntary basis observance of requirements of the technical regulation, and also the list of the standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of requirements of the technical regulation and implementation of assessment (confirmation) of compliance of products (further – lists of standards) which are drawn up in the form of appendix to the draft of the technical regulation is provided.

Development of lists of standards is performed by inclusion of documents in them on standardization in the forms provided by appendix 4 and 5 to these rules.

State bodies provide preparation and submission to authorized body at least 1 (one) time in year of reasonable offers on modification and (or) amendments in technical regulations and updatings of lists of standards.

The national authority on standardization performs consideration of lists of standards, their compliance, security with the indicators containing in the draft of the technical regulation within 15 (fifteen) calendar days from the date of receipt of materials from the authorized body or state body responsible for project development of the technical regulation.

Lists of standards it is not created in case requirements of the technical regulation are fulfilled directly.

The list of the standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of requirements of the technical regulation and implementation of assessment (confirmation) of compliance of products (further - the list of the standards containing rules and methods) is not created in cases when the technical regulation does not contain requirements about evaluating compliance or when assessment of conformity to requirements of the technical regulation is performed without carrying out researches (testing) and measurements.

The list of the standards containing rules and methods joins national standards and (or) interstate standards, and in case of their absence - technique of accomplishment of measurements which are obligatory for implementation of assessment (confirmation) of compliance of products.

Interstate standards, join in lists of standards, on condition of their acceptance in the territory of the Republic of Kazakhstan.

In case of absence in the list of the standards containing rules and methods, the national standard and (or) the interstate standard, and in case of their lack of technique of accomplishment of the measurements necessary for application and execution of the requirement of the technical regulation and implementation of assessment of conformity of objects of technical regulation, the relevant requirement of the technical regulation becomes effective only after when the conforming national standards and (or) interstate standards, and in case of their absence technique of accomplishment of measurements, are included in the list of the standards containing rules and methods.

The list of the standards containing rules and methods joins the techniques of researches (testing) and measurements certified and approved according to the legislation of the Republic of Kazakhstan in the field of ensuring unity of changes, data on which are included in "The register of the state measuring system of the Republic of Kazakhstan".

11. In case of project development of change the state body responsible for project development of change to the technical regulation prepares the table from the operating and offered edition of structural elements of the technical regulation with the corresponding reasons for the technical regulation.

Submission of offers on modification of lists of standards it is provided by appendix 6 to these rules.

Chapter 3. Procedure for examination of technical regulations

12. The draft of the technical regulation, the copy of withdrawals of the interested organizations, the report of responses reflecting the provided notes and offers to the draft of the technical regulation and which is drawn up in tabular style with indication of the author of notes and offers acting and offered edition and also with the conclusion of developer according to the provided notes and offers go for consideration to authorized body for the purpose of establishment of compliance to the purposes of stipulated in Item 1 article 4 of the Law, to the requirements of the Law and international treaties ratified by the Republic of Kazakhstan.

Consideration of the draft of the technical regulation and the materials attached to it stated in this Item is carried out within 10 (ten) working days from the date of their receipt.

13. The state bodies responsible for project development of the technical regulation, after receipt of the conclusions, and also notes and offers within 10 (ten) working days perform completion of the draft of the technical regulation.

Chapter 4. Procedure for acceptance, change and cancellation of technical regulations

14. Procedure for acceptance, change and cancellation of the technical regulation are performed according to the Law of the Republic of Kazakhstan "About legal acts".

15. Modification of the technical regulation is performed according to Chapters 2 and 3 of these rules.

16. In case of discrepancy of the technical regulation to provisions of article 4 of the Law, to interests of state policy, development of material and technical resources and technological level, and also the international treaties ratified by the Republic of Kazakhstan, the state body which accepted the technical regulation cancels or makes changes to such regulatory legal act.

Appendix 1

to Rules of development, examination, acceptance, change and cancellation of technical regulations

Form

Notification on project development of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

1. Name of the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
2. State body responsible for project development of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
3. Object of technical regulation of the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
4. Purpose of project development of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
5. The postal address, phone numbers, the e-mail address for the direction of notes and offers (responses) on the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
6. Expected date of completion of public discussion of the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

 

Appendix 2

to Rules of development, examination, acceptance, change and cancellation of technical regulations

Form

Form of the report of responses according to the draft of the technical regulation (on the project of changes)

_________________________________________________________________
   Name of the draft of the technical regulation (project of change)

Structural element of the technical regulation	The name of state body, organization, provided the note or the offer (response) (number of the letter and date) (in the presence)	Note or offer (response)	Conclusion of developer of the technical regulation
1	2	3	4

 

Appendix 3

to Rules of development, examination, acceptance, change and cancellation of technical regulations

Form

Notification on completion of public discussion of the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

1. Name of the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
2. State body responsible for development of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
3. Object of technical regulation of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
4. Expected date of completion of project development of the technical regulation, changes and (or) amendments or cancellation of the technical regulation
5. The postal address, phone numbers, the e-mail address for receipt of notes and offers (responses) on the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

1. Name of the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

2. State body responsible for development of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

3. Object of technical regulation of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

4. Expected date of completion of project development of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

5. The postal address, phone numbers, the e-mail address for receipt of notes and offers (responses) on the draft of the technical regulation, changes and (or) amendments or cancellation of the technical regulation

Appendix 4

to Rules of development, examination, acceptance, change and cancellation of technical regulations

Form

The list of the interconnected standards as a result of which application on voluntary basis observance of requirements of the technical regulation is provided

№. of payment order	Elements of the technical regulation	Designation of the interconnected standard	The name of the interconnected standard	Note
1	2	3	4	5

Notes:

1. In column 2 elements of the technical regulation are specified, compliance to which is provided by means of fulfillment of requirements of the interconnected standard (the paragraph, the subitem, Item, Article, appendix).

2. In column 3 designation of the interconnected standard in general and/or Sections (Items, subitems) of the interconnected standard is specified if observance of requirements of the technical regulation is provided with application on voluntary basis of separate Sections (Items, subitems) the interconnected standard.

3. In column 5 information on end date of application of the interconnected standard instead of which the replacing interconnected standard is developed (one or two days in the Arab figures, one or two months in the Arab figures, one or four years in the Arab figures), and (or) information on establishment in case of need of transition period during which it is applied as the standard replaced, and replacing it is specified.

Appendix 5

to Rules of development, examination, acceptance, change and cancellation of technical regulations

Form

The list of the standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of requirements of the technical regulation and implementation of assessment (confirmation) of compliance of products

№. of payment order	Elements of the technical regulation	Designation of the standard	Name of the standard	Note
1	2	3	4	5

Notes:

1. In column 2 elements of the technical regulation are specified, compliance to which is confirmed by means of application of rules and methods of researches (testing) and measurements, including the rules of sampling established in the standard (the paragraph, the subitem, Item, Article, appendix).

2. In column 3 designation of the standard in general and/or Sections (Items, subitems) of the standard is specified if for implementation of assessment (confirmation) of compliance of products to requirements of the technical regulation it is provided with application of separate Sections (Items, subitems) the standard.

3. In column 5 information on end date of application of the standard instead of which the replacing standard is developed (one or two days in the Arab figures, one or two months in the Arab figures, one or four years in the Arab figures), and (or) information on establishment in case of need of transition period during which it is applied as the standard replaced, and replacing it is specified.

Appendix 6

to Rules of development, examination, acceptance, change and cancellation of technical regulations

Form

Submission of offers on modification of the list of the interconnected standards as a result of which application on voluntary basis observance of requirements of the technical regulation, and also the list of the standards containing rules and methods of researches (testing) and measurements, including the rules of sampling necessary for application and execution of requirements of the technical regulation and implementation of assessment (confirmation) of compliance of products is provided

№. of payment order	Elements of the technical regulation	Designation and name of the standard and technique	Designation and the name of the replacing standard	Start date of application of the replacing standard	Note
1	2	3	4	5	6

Notes:

1. In column 2 elements of the technical regulation are specified, compliance to which is confirmed by means of application of rules and methods of researches (testing) and measurements, including the rules of sampling established in the standard (the paragraph, the subitem, Item, Article, appendix).

2. In column 3 designation of the standard (technique) in general and/or Sections (Items, subitems) of the standard (technique) is specified if for implementation of assessment (confirmation) of compliance of products to requirements of the technical regulation it is provided with application of separate Sections (Items, subitems) the standard.

3. In column 5 start date of application of the replacing standard is specified (by digital method: one or two days in the Arab figures, one or two months in the Arab figures, one or four years in the Arab figures).

4. In column 6 information on end date of application of the standard instead of which the replacing standard is developed (one or two days in the Arab figures, one or two months in the Arab figures, one or four years in the Arab figures), and (or) information on establishment in case of need of transition period during which it is applied as the standard replaced, and replacing it is specified.

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