LAW OF THE KYRGYZ REPUBLIC

of May 22, 2004 No. 67

About technical regulation in the Kyrgyz Republic

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on April 16, 2004

This Law establishes the legal basis in the area:

developments, acceptances, applications and execution of mandatory requirements to products, including to buildings and constructions (further - products), and/or to the design processes connected with requirements to products (including researches), productions, constructions, installation, adjustment, storage, transportation, realization, operation and utilization;

developments, acceptances, applications and execution on voluntary basis of requirements to products or design processes (including researches), productions, constructions, installation, adjustment, storage, transportation, realization, operation, to utilization, performance of works, rendering services;

assessments of conformity;

responsibility of participants of the relations regulated by this Law.

Operation of this Law does not extend to social and economic, organizational, sanitary and hygienic, treatment-and-prophylactic, rehabilitation measures in the field of labor protection; on measures for prevention of distribution and prevention of mass infectious diseases of the person and animals; on the relations connected with delivery of health care, origin, distribution of quarantine and especially dangerous harmful organisms for life and health of the person, animals and plants; on veterinary and phytosanitary services; on medicines, medical products, veterinary medicines (except as specified developments, acceptances and execution of mandatory requirements to products, including pesticides, agrochemicals, food products); on measures for protection of the soil, atmospheric air, water objects of the resorts, water objects carried to places of tourism and mass rest; on the state educational standards, regulations (standards) on financial accounting also edited (standards) of auditor activities, standards of issue of securities and standards of professional activity in the security market, standards of estimative activities.

Requirements to use and management of radio-frequency range, and also to functioning and interaction of communication networks of the Kyrgyz Republic are established and regulated by the legislation of the Kyrgyz Republic in the field of communication.

This Law also does not govern the relations connected with development, acceptance, application and execution of requirements to implementation of activities in the field of industrial safety, safety of engineering procedures on hazardous production facilities, requirements to ensuring reliability and safety of electric utility systems and power generation facilities, except as specified developments, acceptances, applications and execution of such requirements to products and / or to the design processes connected with requirements to products (including researches), productions, constructions, installation, adjustment, storage, transportation, realization, operation and utilization.

Section I. General provisions

Article 1. Basic concepts

For the purposes of this Law the following concepts are applied:

1) 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;

2) safety of products and/or connected with requirements of design processes to it (including researches), productions, constructions, installation, adjustment, storage, transportation, realization, operation, utilization (further - safety) - lack of the unacceptable risk connected with damnification of life, to health of physical persons, the environment, including life and health of animals and plants, property of physical persons and legal entities, the state-owned and municipal property;

3) veterinary and sanitary and phytosanitary requirements - requirements, obligatory for execution, and the procedures established for the purpose of protection against the risks arising in connection with penetration, fixing or distribution of harmful organisms, diseases, carriers of diseases or pathogenic organisms including in case of transfer or distribution by their animals and/or plants with products, loads, materials, vehicles, with availability of additives, pollutants, toxins, wreckers, weed plants, pathogenic organisms, including with foodstuff or sterns, and also requirements, obligatory for execution, and the procedures established for the purpose of prevention of other damage connected with distribution of harmful organisms;

4) the state control (supervision) of observance of requirements of technical regulations - activities of authorized bodies for check of observance of requirements of technical regulations to products by the legal entities and physical persons registered as individual entrepreneurs;

5) declaring of compliance - form of obligatory confirmation of conformity issued in the product circulation to requirements of technical regulations;

6) the declaration of conformity - the document which the manufacturer (the official representative of foreign manufacturer, the seller) certifies that products released by it conform to requirements of technical regulations;

7) the applicant - the legal entity or physical person registered as the individual entrepreneur, which is the manufacturer or the seller, or person authorized by the manufacturer which for confirmation of conformity adopts the declaration of conformity or addresses for receipt of the certificate of conformity;

8) mark of conformity to technical regulations - the designation applied on the released products which compliance to requirements of technical regulations is confirmed in accordance with the established procedure;

9) mark of conformity - the designation serving for informing buyers on compliance of subject to certification to the requirements established by system of voluntary certification or the national standard;

10) identification of products - establishment of identity of product characteristics to its essential signs;

11) manufacturer - the legal entity or physical person registered as the individual entrepreneur, including the foreign manufacturer, performing on its own behalf production or production and sales of products and responsible for its compliance to requirements of technical regulations;

12) testing - the technical transaction consisting in determination of one or several characteristics of these products, process or service according to the established procedure;

13) the product circulation - release or import to the territory of the Kyrgyz Republic of products with subsequent its realization;

14) object of technical regulation - products or products and the design processes connected with requirements to products (including researches), productions, constructions, installation, adjustment, storage, transportation, realization, operation and utilization;

15) approval - permission to production in the address or on use on the set appointment or in the set conditions, issued according to the procedure, established by technical regulations;

16) conformity assessment body - the legal entity who is carrying out assessment works of compliance;

17) certification body - the legal entity who is carrying out works on certification;

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