[이 글은 우즈베키스탄 제품인증 관련 법규를 영문으로 번역된 것입니다. 원문은 우즈베키스탄언어 또는 러시아 언어로 되어 있습니다.]
LAW OF THE REPUBLIC OF UZBEKISTAN
23.04.2009
LRU-number 213
On technical regulation
Adopted by the Legislative Chamber of November 11, 2008.
Approved by Senate on March 27, 2009
Chapter 1. General Provisions
Article 1. The purpose of this Act
The purpose of this law is to regulate relations in the field of establishing, application and enforcement of mandatory safety requirements for products and services.
Article 2. Legislation on technical regulation
Legislation on technical regulation consists of this Law and other legislative acts.
If an international treaty of the Republic of Uzbekistan stipulates other rules than those provided for by the legislation of the Republic of Uzbekistan on technical regulation, the rules of the international treaty.
Article 3. Basic Concepts
In this Act, the following basic concepts:
technical regulation - the establishment, application and enforcement of the mandatory requirements for the safety of products, works and services;
safety of products and services - the state of products, processes of production, operation (use), storage, transportation, marketing and utilization, work performed, services for which there is no unacceptable risk associated with the probability of harm to human life, health, environmental environment, property law, individuals and the state;
regulations in the field of technical regulations - technical regulations, normative documents on standardization, sanitary, veterinary and sanitary and phytosanitary rules and regulations, town planning, environmental regulations and other documents in the field of technical regulations;
technical regulations - regulations in the field of technical regulations establishing mandatory requirements for the safety of products, works and services;
general technical regulation - regulatory document on technical regulation, establishing mandatory requirements for the safety group of similar products and services;
special technical regulation - regulatory document in the field of technical regulation, establishing mandatory safety requirements for specific types of products and services that are not covered by general technical regulation;
technical barriers to trade - barriers to trade arising from differences or changes in the mandatory requirements for the safety of products and services contained in the regulations in the field of technical regulation.
Article 4. The main tasks of the technical regulation
The main tasks of the technical regulation are:
safety of life and human health, property law, individuals and the state;
ensuring environmental protection and rational use of natural resources;
removal of technical barriers to trade;
prevention actions that may mislead consumers as to the safety of products, works and services.
Article 5. Basic principles of technical regulation
The basic principles of technical regulation are:
mandatory application of technical regulations;
unity of application of technical regulations;
compliance with technical regulations, national and international regulations in the field of technical regulations;
availability of technical regulations, information about the order of their development, adoption and publication.
Article 6. The state system of technical regulation
State system of technical regulation are:
Cabinet of Ministers of the Republic of Uzbekistan;
public authorities in the field of technical regulations – Uzbek Agency for Standardization, Metrology and Certification, Ministry of Health of the Republic of Uzbekistan, State Committee of the Republic of Uzbekistan for Architecture and Construction, the State Committee of the Republic of Uzbekistan for Nature Protection;
bodies of governance and management that operate within its competence in the field of technical regulation.
Chapter 2. The powers of government and other bodies
and organizations in the field of technical regulations
Article 7. Powers of the Cabinet of Ministers of the Republic of Uzbekistan technical regulation
Cabinet of Ministers of the Republic of Uzbekistan:
defines the main directions of activity of bodies belonging to the state system of technical regulation;
ensures the functioning of bodies belonging to the state system of technical regulation;
approves programs development of technical regulations;
Approves the general technical regulations, amends and supplements, and denies the regulations.
The Cabinet of Ministers may also exercise other powers in accordance with the law.
Article 8. Powers of the Uzbek Agency for Standardization, Metrology and certification in the field of technical regulations
Uzbek Agency for Standardization, Metrology and Certification:
submits to the Cabinet of Ministers of Uzbekistan generalized project proposals development programs, technical regulations, introduced by authorized state bodies in the sphere of technical regulation and government and economic management;
within its competence, co-ordinates and organizes the activities of government and economic management on the development of general and specific technical regulations;
submits to the Cabinet of Ministers proposals for the adoption of a common technical regulations, introduction of amendments and additions, as well as the abolition of these regulations;
creates a commission of experts in the field of technical regulation;
within its competence, examines general and special technical regulations developed by the state and economic management;
within its competence, asserts specific technical regulations developed organs of economic management, amends and supplements, and denies the regulations;
within its competence, state control over the general and special technical regulations;
Elaboration of the State fund of normative documents in the field of technical regulation;
within its competence, international cooperation in the field of technical regulations;
Uzbek Agency for Standardization, Metrology and Certification may also exercise other powers in accordance with the law.
Article 9. Authorities of the Ministry of Health of the Republic of Uzbekistan, State Committee for Architecture and Construction, State Committee for Nature Protection in technical regulation
Ministry of Health of the Republic of Uzbekistan organizes and ensures the execution of works in the field of technical regulations of mandatory requirements for the safety of products, works and services in their content harmful to human life and health agents, pathogens, prevention of penetration or distribution of disease vectors, production and use medical products, medical equipment and medicines.
State Committee of the Republic of Uzbekistan for Architecture and Construction organizes and ensures the execution of works in the field of technical regulations of mandatory requirements for the safety of products and services in urban development activities.
State Committee of the Republic of Uzbekistan for Nature Protection organizes and ensures the execution of works in the field of technical regulations of mandatory requirements for the safety of products and services by using natural resources and protect the environment from pollution and other harmful effects.
The public authorities in the field of technical regulations referred to in the first – three of this article, within its competence:
submit proposals to the Uzbek Agency for Standardization, Metrology and Certification of project development programs and technical regulations according to the general technical regulations;
carry out the development of general and special technical regulations and conduct their expertise;
an expert committee in the field of technical regulations;
conduct an examination of general and special technical regulations developed by the state and economic management;
prepare proposals for inclusion in the general technical regulations changes and additions, as well as the abolition of these regulations;
claim special technical regulations amends and supplements, and cancel these regulations;
exercise state control over observance of the general and special technical regulations;
establish a national fund regulations in the field of technical regulations;
carry out international cooperation in the field of technical regulations.
The public authorities in the field of technical regulations and may exercise other powers in accordance with the law.
Article 10. Powers of the state and economic management in the field of technical regulations
Bodies of governance and management within their competence:
submit proposals to the Uzbek Agency for Standardization, Metrology and Certification of project development programs of technical regulations;
carry out the development of general and special technical regulations;
prepare proposals for inclusion in the general and special technical regulations changes and additions, as well as the abolition of these regulations;
provide expert advice in the field of technical regulations;
involved in the formation of the state fund regulations in the field of technical regulations;
monitor compliance with the general and specific technical regulations in the manner prescribed by law;
Bodies of governance and management may exercise other powers in accordance with the law.
Governments within its jurisdiction claiming specific technical regulations, amends and supplements, and cancel these regulations.
Article 11. Expert committee on technical regulation
Expert commissions on technical regulations are created by the authorized state bodies in the field of technical regulations for examination developed general and specific technical regulations, changes and additions to the technical regulations, and to prepare proposals for the abolition of these regulations and judgments on them.
Activities expert commissions on technical regulations in the procedure established by the Cabinet of Ministers.
Article 12. Expert advice in the field of technical regulations
Expert advice in the field of technical regulations created under government governance and management for the development of general and specific technical regulations, changes and additions to the technical regulations, as well as proposals to repeal these regulations.
Activities expert advice in the field of technical regulation is carried out in the manner prescribed by the Uzbek Agency for Standardization, Metrology and Certification.
Article 13. State Fund regulations in the field of technical regulations
State Fund regulations in the field of technical regulation formed the Uzbek Agency for Standardization, Metrology and Certification, and within its competence other authorized state bodies in the sphere of technical regulation.
State Fund regulations in the field of technical regulation includes data on general and special technical regulations.
The public authorities in the field of technical regulations, governments in the prescribed manner to provide state fund regulations in the field of technical regulations approved by their specific technical regulations.
Procedure for the formation and maintenance of the state fund regulations in the field of technical regulations established by the Cabinet of Ministers.
Article 14. Information about technical regulations
Information on existing developed and adopted technical regulations should be available to businesses and individuals. Not be distributed information constituting state secrets or other secrets protected by law.
Uzbek Agency for Standardization, Metrology and Certification needs of businesses and individuals provides information:
on existing developed and adopted technical regulations;
the procedure for conformity assessment of products, works and services to the requirements of normative documents in the field of technical regulations;
Uzbekistan’s membership in international organizations and participation in international treaties in the field of technical regulation;
formal source publication developed, adopted technical regulations and other normative documents in the field of technical regulation.
Chapter 3. Technical regulations
Article 15. Types of Technical Regulations
In Uzbekistan, the following types of technical regulations:
general technical regulations;
specific technical regulations.
Article 16. Requirements to ensure the safety of products works and services in the technical regulations
Requirements to ensure the safety of products and services in the technical regulations may be established by:
biosecurity;
mechanical safety;
Chemical Safety;
nuclear and radiation safety;
fire safety;
electrical safety;
security operation (use) and utilization of machinery and equipment;
electromagnetic compatibility;
safety construction activities;
security of buildings, structures and the use of their surroundings;
environmental safety;
veterinary safety;
industrial and occupational safety;
explosion;
information security;
ensure traceability and test methods.
The technical regulations, may establish other requirements to ensure the safety of products, works and services.
Article 17. Contents of technical regulations
The technical regulations, shall include:
safety characteristics of products, works and services;
Complete list of products, works and services in respect to safety requirements;
with terminology, packaging, marking or labeling and the rules of their application and product identification;
rules of sampling of the products and their testing;
order of state control;
rules and methods of test, measurement, required for conformity assessment of products, works and services to the requirements of normative documents in the field of technical regulation.
The technical regulations, taking into account the degree of risk of harm to human life and health, the environment and the prevention of damage, arising from the entry or spread of harmful microorganisms and additives, diseases, disease vectors, pollutants, toxins, pests and weeds should also contain sanitary, veterinary and sanitary and phytosanitary measures.
For sanitary, veterinary and sanitary and phytosanitary measures shall be established:
mandatory product requirements, the procedure of its test inspection procedures for the issue of sanitary-epidemiological, veterinary and phytosanitary conclusion;
quarantine and animal health rules, including requirements relating to the carriage of animals and plants;
methods and sampling procedure, methods of research and evaluation of the risk of harm to human health and life, the environment, as well as in technical regulations other requirements.
The technical regulations, should not be held for the design of products and their performance, except when due to the lack of requirements for its design and execution, taking into account the degree of risk of harm to human life and health is not ensured the safety of products.
In technical regulations should not contain requirements for products and services that cause harm to human life and health, property law, individuals and the state as a result of prolonged use of these products and services and (or) due to the impact of other factors is not possible to determine degree of acceptable risk. In the technical regulations may contain requirements for informing consumers about the possible dangers and the factors that affect the risk of harm to human life and health, the environment.
The technical regulations, may contain specific requirements for the safety of products and services:
ensure the protection of life and health of certain categories of citizens defined by the legislation;
for transboundary hazardous production facilities, which in the case of man-made disasters pose a threat to human life and health, the environment, property law, individuals and the state.
Technical regulations containing information constituting state secrets or other secrets protected by law, drafted and adopted in the manner prescribed by law.
Technical regulations are comprehensive, have a direct effect on the entire territory of the Republic of Uzbekistan, and can only be changed by rewiring and additions to the established order.
Article 18. Formation of the technical programs regulations
Formation program of technical regulations implemented by the Uzbek Agency for Standardization, Metrology and Certification with proposals of other authorized state bodies in the sphere of technical regulation and government and economic management within their competence.
Program development of technical regulations approved by the Cabinet of Ministers and published in due course.
Article 19. The order of development of technical regulations
Technical regulations are developed in accordance with the approved program of technical regulations.
Developers of technical regulations in the prescribed manner:
publish reports on the development of technical regulations;
define the groups and types of products and services subject to technical regulation;
determine the methods of conformity assessment of products, works and services requirements established in the technical regulations;
harmonize technical regulations developed;
ensure availability of technical regulations developed.
Developers provide technical regulations developed discussion of technical regulations within two months from the date of their official publication.
Article 20. Procedure for the adoption of technical regulations
General technical regulations developed by the state and economic management, public authorities passed on technical regulations on their activities for the examination.
Uzbek Agency for Standardization, Metrology and Certification, after obtaining the opinion of the relevant expert committee for technical regulation in the established order directs general technical regulations to the Cabinet of Ministers for approval.
Special technical regulations developed by the state and economic administration, passed the public authorities in the field of technical regulations on their activities for the examination.
The public authorities in the field of technical regulations, governments in the directions of its activities on the basis of the conclusion of appropriate expert committee on technical regulation argue specific technical regulations.
Approved general and special technical regulations go into effect not earlier than six months from the date of publication.
Publication of general and special technical regulations shall be as prescribed by law.
Article 21. Application of regulations in the field of technical regulation for the development of technical regulations
In developing technical regulations are national and international regulations in the field of technical regulations establishing criteria for the safety of products and services.
The technical regulations, as evidence are fully or partially texts of normative documents in the field of technical regulation.
Article 22. Compliance with technical regulations
Compliance with technical regulations is mandatory for all businesses and individuals.
With the introduction of technical regulations adopted earlier relevant regulations to standardize the specified therein products, works and services lose binding and acquire voluntary application in the prescribed manner.
Article 23. State control over observance of technical regulations
State control over observance of technical regulations carried out by officials of the authorized state bodies in the sphere of technical regulation and government in accordance with the legislation.
Chapter 4. Final provisions
Article 24. Financing activities in the field of technical regulation
Finance work in the field of technical regulations at the expense of the republican budget and legal entities.
From the republican budget finances:
The development of common technical regulations;
examination of general and special technical regulations;
maintenance of the State fund of normative documents in the field of technical regulation;
state control over observance of technical regulations;
costs associated with the membership of the Republic of Uzbekistan in international organizations for technical regulation.
Article 25. Dispute Resolution
Disputes in the field of technical regulation are resolved in accordance with the legislation.
Article 26. Responsibility for violation of the law on technical regulation
Persons found guilty of violating the law on technical regulation, shall be liable in the prescribed manner.
Article 27. Bringing the legislation into conformity with this Act
Cabinet of Ministers of the Republic of Uzbekistan:
lead the government’s decision in accordance with this Act;
ensure revision and repeal government agencies of their legal acts that contradict this Law.
Article 28. Entry into force of this Act
This Act enters into force on the day of its official publication.
President
The Republic of Uzbekistan Islam Karimov
Tashkent
April 23, 2009
LRU-number 213
