RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of December 16, 2022 No. 695

About modification of the order of the Government of the Kyrgyz Republic "About accreditation of conformity assessment bodies in the Kyrgyz Republic" of November 16, 2006 No. 795

For the purpose of implementation of the Law of the Kyrgyz Republic "About bases of technical regulation in the Kyrgyz Republic", reductions of decisions of the Cabinet of Ministers of the Kyrgyz Republic in compliance with acts of the Eurasian Economic Union in the field of technical regulation and accreditation, according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Bring in the order of the Government of the Kyrgyz Republic "About accreditation of conformity assessment bodies in the Kyrgyz Republic" of November 16, 2006 No. 795 the following changes:

Item 2 to state 1) in the following edition:

"2. Determine that work on accreditation of the conformity assessment bodies performing activities in the field of obligatory assessment of conformity performs national authority on accreditation of conformity assessment bodies of the Kyrgyz Republic.";

The Regulations on national accreditation system in the Kyrgyz Republic approved by the above-stated resolution to state 2) in edition according to appendix to this resolution;

3) in Regulations on the Council for accreditation of conformity assessment bodies approved by the above-stated resolution:

- in paragraph six of the Section II and the paragraph the fourth the Section III to replace the word of "finance" with the word "commerce".

2. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

"Regulations on national accreditation system in the Kyrgyz Republic

1. General provisions

1. This Regulations on national accreditation system in the Kyrgyz Republic (further - the Provision) establish:

- principles of creation, functioning, field of distribution of national accreditation system of conformity assessment bodies;

- functions of the main participants of accreditation; general procedure for work on accreditation.

2. In national accreditation system in the Kyrgyz Republic accreditation of conformity assessment bodies is performed by the national authority on accreditation authorized by the Cabinet of Ministers of the Kyrgyz Republic.

2. Main terms and determinations

3. In this Provision the following concepts are used:

accreditation - the procedure by means of which the accreditation body officially recognizes competence of the legal entity of accomplishment of specific assessment works of compliance;

the appeal - the appeal of conformity assessment body about review of any negative decision made by accreditation body concerning the desirable status of accreditation;

the certificate of accreditation - the official document, confirmatory that accreditation is provided for certain area;

the claim - in difference from the appeal is the dissatisfaction expressed by person or the organization to accreditation body, concerning activities of this body or accredited body for assessment of conformity in case when person or the organization expect to receive the answer;

accreditation sign - the sign issued by accreditation body and intended for application by accredited bodies on assessment of conformity for the purpose of designation of their status of accreditation;

inspection check-up - enrollment of types of activity, except revaluation, on monitoring of continuous accomplishment by accredited body on assessment of conformity of requirements to accreditation;

consultation - participation in any activities of conformity assessment body which are subject to accreditation;

accreditation criterions - set of requirements to which the subject of accreditation for receipt of the certificate of accreditation on the declared type of activity shall satisfy (works, services);

logo of accreditation body - the emblem used by accreditation body for own identification;

national authority on accreditation - the body authorized by the Cabinet of Ministers of the Kyrgyz Republic to carry out works on accreditation and to represent the Kyrgyz Republic in the international and regional organizations for accreditation;

corrective actions - actions taken for elimination of the reason of discrepancy and the prevention of its repeated origin;

the area of accreditation - specific fields of activity on assessment of conformity on which it is requested or is provided accreditation;

conformity assessment body - the legal entity performing activities for assessment of conformity;

assessment of conformity - the activities connected with direct or indirect determination of the fact that relevant requirements are fulfilled;

assessment - the process performed by accreditation body for the purpose of determination of competence of conformity assessment body on the basis of the specific standard(s) and/or other regulating documents and for certain area of accreditation;

the appraiser - person designated by accreditation body for assessment of conformity assessment body independently or as a part of group of appraisers;

the technical expert - the person designated by accreditation body, who is working under the leadership of the appraiser, having special knowledge or expert skills in the subjected assessment of area of accreditation and not carrying out assessment independently;

the ISO/IEC 17011 standard - the international standard establishing requirements to accreditation bodies of conformity assessment bodies.

3. Main objectives and principles of activities for accreditation

4. Accreditation of conformity assessment bodies is performed for the purpose of confirmation of their competence, providing trust to them, creations of conditions for recognition of results of their activities.

5. Accreditation of conformity assessment bodies is performed according to the principles:

- voluntariness;

- openness and availability of rules of accreditation;

- competence and impartiality of the body performing accreditation;

- inadmissibility of restriction of the competition and creation of obstacles to use of services of accredited bodies in assessment of conformity;

- ensuring equal rights, legitimate interests of all persons applying for receipt of accreditation;

- nondisclosure of the confidential information obtained in the course of work on accreditation;

- inadmissibility of combination in one organization of functions for accreditation, confirmation of conformity and implementation of the state control (supervision).

4. National accreditation system and its participants

6. The national accreditation system of conformity assessment bodies represents set of rules of performance of works on accreditation, her participants and rules of functioning of accreditation in the Kyrgyz Republic.

7. The conformity assessment bodies which are carrying out works in the field of obligatory assessment of conformity shall be accredited in national accreditation system, except for the conformity assessment bodies accredited by accreditation bodies of other state members of the Eurasian Economic Union.

8. Participants of national accreditation system are:

- conformity assessment bodies and applicants/candidates for accreditation;

- national authority on accreditation of conformity assessment bodies of the Kyrgyz Republic (further - national authority);

- Council on accreditation of conformity assessment bodies;

- appraisers;

- technical experts;

- technical committees on accreditation.

9. Objects of accreditation are the bodies performing activities in the field of assessment of conformity (testing/researches, calibration, inspection, certification of systems of management, personnel, products, processes and services, skill test, production of standard samples, validation and verification).

10. Accredited bodies on assessment of conformity and applicants on accreditation shall:

- to continuously fulfill requirements of accreditation in those areas in which accreditation is requested or provided and to represent certificates of their accomplishment;

- provide access to personnel, places of implementation of activities, the equipment, information, documents and records of conformity assessment bodies necessary for check of fulfillment of requirements of accreditation;

- inform national authority on the changes concerning their accreditation;

- create necessary conditions for carrying out accreditation and inspection check-up;

- pay the works connected with their accreditation and carrying out inspection check-up (after receipt of accreditation);

- fulfill the requirements established by procedures for accreditation of conformity assessment bodies of national authority.

Accredited bodies on assessment of conformity shall refer to accreditation only concerning accredited sphere of activity.

11. The national authority shall conform to requirements of the ISO/IEC standard 17011, and also:

be the legal entity registered according to the procedure, established by the legislation of the Kyrgyz Republic, have the legal rights and obligations providing its activities in the field of accreditation;

have the financial resources necessary for functioning of national authority;

be responsible for adoption of the decisions for accreditation, including accreditation provision, maintenance, expansion of area of accreditation, its reducing, suspension, cancellation and recognition of accreditation;

- guarantee objectivity and impartiality of the activities;

- have necessary means and documentary procedures;

- have the logo.

12. The national authority shall have qualified personnel. Intervention in activities of national authority from state bodies, officials, public organizations, and also persons or the organizations having direct interest in results of the carried-out accreditation is not allowed.

13. The national authority shall publish and if necessary update on the official site or in mass media and/or on other state information resources information on national authority, on accreditation process, accredited bodies on assessment of conformity, on rules and procedures of accreditation, information on recognition of results of accreditation and the annual activities report.

14. The main functions of national authority are:

1) development and enhancement of rules and procedures according to requirements of the ISO/IEC standard 17011, taking into account the politician and managements of the international and regional organizations in the field of accreditation;

2) the organization and carrying out accreditation of conformity assessment bodies on the basis of the submitted applications, carrying out revaluation of conformity assessment bodies;

3) the organization and carrying out inspection check-up (periodic assessment) behind activities of accredited bodies for assessment of conformity;

4) the organization and coordination of activities for carrying out interlaboratory comparative researches and measurements within process of accreditation in the Kyrgyz Republic;

5) forming and maintaining the register of accredited and acknowledged conformity assessment bodies, the register (accounting) of appraisers, technical experts, programs of the skill tests and other comparisons organized by national authority and also provision of data from the specified registers;

6) forming and maintaining national part of the Unified register of accredited bodies on assessment of conformity of the Eurasian Economic Union;

7) decision making according to the addresses which arrived from accredited bodies on assessment of conformity about review of the decisions made by national authority on these accredited bodies on assessment of conformity (decisions according to appeals), and according to claims of any persons to actions (failure to act) of accredited bodies for assessment of conformity or national authority;

8) implementation of check of the facts within competence stated in the arrived addresses of citizens, individual entrepreneurs and legal entities concerning accredited bodies on assessment of conformity for decision making in the field of accreditation of conformity assessment bodies;

9) issue of certificates of accreditation of the established form;

10) entering of offers into authorized body on technical regulation and metrology about the conclusion in accordance with the established procedure international treaties on cooperation and mutual recognition of accreditation of conformity assessment bodies;

11) participation in work on harmonization of regulatory legal acts and regulating documents in the field of accreditation with the international standards and rules which became effective according to the legislation of the Kyrgyz Republic;

12) coordination of activities of technical committees on accreditation of conformity assessment bodies;

13) ensuring availability and transparency of rules and procedures of accreditation;

14) establishment of the procedure of matching, training and official appointment of appraisers and technical experts;

15) performance as the observer at accreditation of conformity assessment body who is the legal entity registered according to the legislation of the Kyrgyz Republic, accreditation body of state member of the Eurasian Economic Union within system of technical regulation of the Eurasian Economic Union.

15. The national authority shall not render services which could affect impartiality (the same procedures for assessment of conformity which carry out conformity assessment bodies or consultation). The national authority observes the requirements of impartiality established by the ISO/IEC 17011 standard.

16. The national authority in coordination with authorized body on technical regulation and metrology represents the interests of the Kyrgyz Republic in the regional and international organizations for accreditation.

17. For ensuring objectivity and impartiality, development and maintenance of the principles and policy of national accreditation system in the Kyrgyz Republic Council for accreditation of conformity assessment bodies is formed (further - Council).

The regulations on Council affirm the Cabinet of Ministers of the Kyrgyz Republic.

18. Appraisers and technical experts participate in:

- to examination of documents of applicants for accreditation and preparation of the corresponding conclusions;

- to assessment of activities of applicants on accreditation on places;

- carrying out inspection check-up behind activities of accredited bodies for assessment of conformity.

Appraisers and technical experts shall conform to requirements of national authority.

Appraisers and technical experts shall have special training with studying of requirements, documents and procedures in the field of accreditation.

19. Technical committees on accreditation are created by national authority from specialists in specific activities of conformity assessment bodies.

The main functions of technical committees on accreditation are:

- preparation of recommendations about application of the international documents on accreditation establishing requirements to objects of accreditation in special spheres of activity;

- introduction of offers for establishment of requirements for matching of specialists in the corresponding spheres of activity and submission of offers on matching of technical specialists for carrying out accreditation in the corresponding spheres of activity.

Specialists of technical committees on accreditation can be involved by national authority in works on accreditation, inspection check-up behind activities of accredited bodies for assessment of conformity and for decision making on accreditation.

The regulations on technical committees approve national authority.

5. Main stages of carrying out accreditation

20. Accreditation of conformity assessment bodies is performed according to the main requirements of the international standards which became effective according to the legislation of the Kyrgyz Republic, this provision, and also the rules and procedures of accreditation approved by national authority.

21. Accreditation of conformity assessment bodies is carried out based on the submitted applications with set of documents of applicants/candidates for accreditation.

22. The procedure for accreditation includes the following main stages:

- application with set of documents candidates for accreditation for the declared area of accreditation, expansion of area of accreditation;

- resource analysis of national authority on accreditation for work according to the request;

- the analysis of documents of the candidate for accreditation and evaluating in case of positive results;

- the analysis of collected materials and decision making about accreditation;

- inspection check-up behind activities of accredited bodies for assessment of conformity. Procedures for accreditation of conformity assessment bodies affirm national authority.

23. The decision on accreditation is made by national authority according to the procedure established by it.

In case of decision making about accreditation of conformity assessment bodies, the certificate of accreditation of the established sample is issued and right to use of sign of accreditation is granted.

In case of decision making about refusal in accreditation to the applicant the official refusal goes to accreditations, with indication of cause of failure.

24. The basis for refusal in accreditation is:

1) discrepancy of the applicant to requirements in the field of accreditation to conformity assessment bodies;

2) availability in the request for accreditation and the enclosed documents, and also other documents provided by the applicant during the procedure of accreditation for the purpose of confirmation of conformity to accreditation criterions, the doubtful or distorted information;

3) non-presentation in the time of the documents and/or data confirming elimination of the revealed discrepancies to requirements in the field of accreditation to conformity assessment bodies established by procedures for accreditation;

4) refusal or evasion of the applicant of passing of examination of the documents and data submitted by him, estimates;

5) non-presentation of documents on receipt of the services necessary and obligatory for provision of the state service in accreditation, or submission of the specified documents with violation of fixed terms;

6) receipt of the request about accreditation from the applicant on whom earlier national authority made the decision on accreditation cancellation, earlier than after two years from the date of accreditation cancellation;

7) receipt of the request about accreditation in national authority from the applicant earlier than after six months from the date of adoption by national authority of the decision on refusal in accreditation on the bases, stipulated in Item the 4th this part.

The certificate of accreditation becomes effective from the date of its registration in the register of accredited bodies on assessment of conformity and is termless. The description and rules of application of sign of accreditation are established by national authority.

25. During action of the certificate of accreditation the national authority exercises inspection check-up behind activities of accredited body for assessment of conformity based on the signed agreement.

The national authority establishes frequency, procedures and plans for carrying out inspection check-up, revaluation of conformity assessment bodies for carrying out monitoring of activities of accredited bodies for assessment of conformity regarding accomplishment of requirements for accreditation by them.

26. Expansion, reducing, suspension, cancellation or renewal, recognition of area of accreditation are performed according to procedures of national authority based on requirements of the ISO/IEC17011 standard.

27. The bases for suspension of action of the certificate of accreditation by national authority are the revealed violations or circumstances which are not connected with initiative of accredited body of assessment of conformity, its liquidation or reorganization:

1) violation by accredited body on assessment of conformity of the requirements established by procedures of national authority, for accreditation of conformity assessment bodies, rules of assessment of conformity of products, regulatory legal acts, legislations of the Kyrgyz Republic in the field of technical regulation, including accreditation and assessment of conformity, acts of the Eurasian Economic Union, and also the international treaties which are not constituting the right of the Eurasian Economic Union, in the field of assessment of conformity and become effective according to the legislation of the Kyrgyz Republic;

2) the reference conformity assessment body on accreditation concerning not accredited sphere of activity;

3) representation by accredited body on assessment of conformity of incomplete or unreliable information to national authority within the conclusion or agreement performance on carrying out inspection control / revaluation (reaccreditation) of activities of accredited body for assessment of conformity if such information has essential value for accreditation;

4) refusal or evasion of accredited body on assessment of conformity from the conclusion or agreement performance on carrying out inspection control / revaluation (reaccreditation) of activities of accredited body for assessment of conformity;

5) non-confirmation of competence of conformity assessment bodies during periodic assessment (inspection check-up).

28. The certificate of accreditation is suspended by national authority according to the procedure established by it until elimination of the violations or circumstances which formed the bases for suspension of action of the certificate of accreditation, their reasons, but no more than for six months from the date of decision making about suspension of action of the certificate of accreditation.

29. Action of the certificate of accreditation is cancelled in the following cases:

1) representation by accredited body on assessment of conformity in national authority of the statement for the termination of activities in the field of accreditation;

2) the termination of activities of the legal entity according to the legislation of the Kyrgyz Republic on state registration of legal entities;

3) reorganization of the legal entity in the form of allocation;

4) not elimination by accredited body on assessment of conformity which certificate of accreditation is suspended, discrepancies in the terms established by the plan of corrective actions approved by conformity assessment body and approved with national authority;

5) identification within year at least two facts of violations by accredited body on assessment of conformity of the requirements of the procedure of confirmation of conformity of products which entailed suspension of action of the certificate of accreditation;

6) factual determination of provision of obviously false and/or false information based on which the national authority makes the decision on accreditation, and also about obviously false and/or provided by expert group doubtful conclusions (on examination of documents, assessment, elimination by the applicant or accredited body on assessment of conformity of the revealed discrepancies to accreditation criterions);

7) use by accredited body on assessment of conformity of sign of accreditation without the permission of national authority or with violation of the established requirements;

8) failure to carry out within one year of works in the field of assessment of conformity according to area of accreditation, non-presentation in national authority within one year of data on results of the activities, about changes of personnel structure and competence (in the presence), the changes of technical equipment and other changes influencing the status of accreditation;

9) the revealed violations or circumstances which causes cannot be removed by accredited body on assessment of conformity by means of development and realization of the adjusting actions;

10) the revealed violations or circumstances which causes can be removed by accredited body on assessment of conformity by means of development and realization of the adjusting actions, but the accredited body on assessment of conformity within 15 working days from the date of decision making about suspension of action of the certificate of accreditation did not express the written consent to their elimination;

11) the termination of term of suspension of action of the certificate of accreditation, at the same time the revealed violations or circumstances, their causes were not removed by accredited body on assessment of conformity by means of development and realization of the adjusting actions approved with national authority.

6. Consideration of appeals and claims

30. In case of dissatisfaction with activities of national authority or accredited body on assessment of conformity, person or the organization can make the complaint in national authority.

The national authority shall consider the claim and send to the specified person (organization) the reasonable answer.

31. In case of the negative decision made by national authority concerning the status of accreditation of conformity assessment body, he can submit the appeal in national authority for its review.

32. Appeals and claims are submitted in national authority which creates the commission on appeals and claims which shall consider the claim and send to the specified person (organization) the reasonable answer. Procedures of consideration of appeals/claims, and also procedure for activities of the commission on appeals and claims are established by national authority.

33. The decisions of national authority made by results of work of the commission on appeals and claims can be appealed judicially.

7. Payment for work on accreditation

34. Payment for work on accreditation and inspection check-up is made by conformity assessment bodies based on agreements according to the price list established by national authority in coordination with state body on the antimonopoly policy.

8. Recognition of the accreditation which is carried out by foreign bodies

35. The certificates (certificates, certificates) about accreditation of conformity assessment bodies issued by foreign accreditation bodies are recognized national authority based on recognition of equivalence of the accreditation systems and requirements applied in case of accreditation.".

 

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