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(Data of Mejlis of Turkmenistan, 2013, No. 4, Article 89)
(Turkmenistan dated 20.12.2014 No. 164-V, 28.02.2015 No. 195-V, 12.01.2016 No. 329-V, 23.11.2016 No. 484-V, 03.06.2017 No. 575- V and 09.06.2018 No. 41-VI with amendments and additions)
This Law establishes the legal, economic and organizational foundations of certification in Turkmenistan.
CHAPTER 1 GENERAL PROVISIONS
Article 1. Basic concepts
For the purposes of this Act, the following key concepts apply:
1) certification - work, the result of which is a documentary confirmation of the object of certification's compliance with the requirements specified in the regulatory documents on certification;
2) certificate of conformity - a document confirming that the object of certification meets the requirements specified in regulatory documents on certification;
3) regulatory documents on certification - regulatory documents containing rules, requirements, general principles, characteristics related to specific types of work or their results and registered by the main state service "Turkmenstandartary" (hereinafter - the authorized agency);
4) state accreditation (attestation) - confirmation by an authorized agency of the ability of enterprises (organizations) under its control, other government agencies, testing laboratories (centers) or certification experts-auditors to perform specific tasks in the context of certification in accordance with the regulatory documents on certification work for the purpose of;
5) expert-auditor on certification (hereinafter expert-auditor) - an expert who has been certified in the prescribed manner and has the appropriate professional level to carry out the work defined in the field of certification;
6) product producer, developer, executor, seller, shipper - private entrepreneurs and legal entities who produce, sell, sell (perform works, provide services) the product and are responsible for its quality.
Article 2. Certification legislation of Turkmenistan
1. The certification legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan.
2. If the international agreement of Turkmenistan stipulates rules other than the rules of this Law, then the rules of the international agreement shall be applied.
Article 3. This Act is applicable
1. This Law regulates business relations in the field of certification.
2. This Law applies to the relations of state bodies, which are carried out in accordance with other laws of Turkmenistan related to certification, in accordance with the need for them to receive state accreditation.
Article 4. Objectives of certification
The following are the objectives of the certification:
1) to protect the interests of individuals and legal entities from products, activities, and services that do not meet the requirements of regulatory documents on certification;
2) to ensure the safety of products, performance of work, and provision of services for the protection of life and health of citizens, their property and the environment;
3) ensure regular use of financial resources;
4) to help consumers choose a good quality product;
5) to ensure the competitiveness of products, performance of works, and services in domestic and international markets;
6) creating favorable conditions for physical and legal entities to do business in the single commodity market of Turkmenistan, as well as for their participation in international economic and scientific-technical cooperation.
Article 5. Principles of certification
Certification is based on:
1) transparency and authenticity of information on the certification process for all interested parties;
2) independence of the authorized agency, other state agencies, testing laboratories (centers) and expert auditors from producers, developers, executors, sellers, consignors and consumers;
3) determination of the final list of documents to be submitted for certification in relation to a specific product;
4) improvement of the term of certification;
5) observance of secrecy and commercial secrecy regarding the information received during the certification process.
Article 6. Objects of certification
1. The following are the objects of certification:
(a) product;
(b) processes;
c) execution of work;
d) performance of services.
2. The objects of certification by the authorized body may also include other objects specified by the requirements of regulatory documents on certification.
Article 7. Organization and implementation of certification activities
1. Organization of certification activities is carried out by the authorized agency and other government agencies.
2. Certification activities include production inspection, testing of the product to verify that its characteristics meet the requirements of regulatory documents for certification, state control and monitoring of compliance with the requirements of regulatory documents on certification by private entrepreneurs and legal entities.
3. The authorized agency, enterprises (organizations) under its control, other state institutions, testing laboratories (centers), as well as expert auditors carry out certification work.
4. Other state institutions, testing laboratories (centers), as well as expert auditors carry out certification work on the basis of the relevant document on accreditation (attestation) issued by the authorized agency in the prescribed manner.
5. Testing laboratories (centers) within the scope of their accreditation carry out product tests or specific types of tests, as well as formalize tests in the order and forms prescribed by the authorized agency and issue results.
6. In the absence of test laboratories (centers) with relevant documents on accreditation, certified test laboratories (centers) may be allowed to carry out certification activities by the authorized agency.
7. Expert auditors participate in the certification of specific types of products and services in accordance with the procedure established by the authorized agency.
Article 8. State Accreditation
1. State accreditation (attestation) of enterprises (organizations), other government agencies, testing laboratories (centers), expert auditors under the authority of the authorized agency to perform specific tasks in the field of certification is carried out by the authorized agency.
2. The order of state accreditation (attestation) is determined by the competent authority.
Article 9. Funding of certification activities
1. The following are sources of funding for certification activities:
1) funds from paid services in the field of certification provided to private entrepreneurs and legal entities by authorized bodies and other government agencies;
2) Other means not prohibited by the legislation of Turkmenistan.
2. Tariffs for services in the field of certification are set by the authorized agency and other state agencies in agreement with the Ministry of Finance and Economy of Turkmenistan.
CHAPTER 2 CERTIFICATION REGULATION AND SUPERVISION BY STATE
Article 10. Institutions that carry out state regulation and control in the field of certification
State regulation and control in the field of certification is carried out by the Cabinet of Ministers of Turkmenistan, the authorized body, and other state bodies within the scope of their powers.
Article 11. Authority of the Cabinet of Ministers of Turkmenistan
Cabinet of Ministers of Turkmenistan:
1) defines a unified state policy in the field of certification;
2) Turkmenistan issues normative legal acts in the field of certification;
3) approves the procedure for the use of economic measures for violation of the requirements of regulatory documents in the field of certification;
4) Performs other tasks assigned to his authority in the legislation of Turkmenistan.
Article 12. Authorization of the competent authority
Competent Authority:
1) implements a unified state policy in the field of certification;
2) develops and adopts regulatory legal acts on certification, as well as regulatory documents on certification;
3) carries out organizational and methodological leadership in the field of certification;
4) coordinates the work of other state authorities in the field of certification;
5) certifies the objects of certification;
6) conducts inspections on compliance with the requirements of regulatory documents on certification by private entrepreneurs and legal entities, and in case of violations, applies appropriate measures provided for by the legislation of Turkmenistan;
7) carries out accreditation of enterprises (organizations) and other government agencies, accreditation (attestation) of test laboratories (centers), attestation of expert auditors;
8) notes that:
a) the order of product certification, including goods that are already in use;
b) the order of accreditation, the order of accreditation (attestation) of test laboratories (centers), the order of attestation of experts-auditors, for carrying out specific tasks in the field of certification of enterprises (organizations) and other government agencies under their control;
c) the procedure for the control examination of the certified product;
d) the procedure for monitoring the work of other state agencies, testing laboratories (centers), expert-auditors in the field of certification;
e) procedure for recognition of conformity certificates and test results issued by foreign certification bodies;
е) the order of formation and maintenance of the State list on certification;
9) determines the rights and obligations of the officials who carry out the control audit in the field of certification in accordance with the legislation of Turkmenistan;
10) maintains the State register on certification;
11) considers complaints on issues of certification;
12) imposes fines and (or) uses other economic sanctions for violation of requirements of regulatory documents on certification;
13) cooperates with customs, sanitary, veterinary, law enforcement and other state authorities during certification audits;
14) represents Turkmenistan in international organizations that carry out work in the field of certification;
15) develops proposals on the implementation of specific projects of international cooperation in the field of certification and sends them to the Cabinet of Ministers of Turkmenistan for approval;
16) issues requests for elimination of violations in the field of certification;
17) suspends the production, sale, use (use) of the product in case of violations of the requirements of regulatory documents related to certification;
18) conducts product validation, tests and (or) expert analysis;
19) extends and suspends the validity of the certificate of conformity issued by them, issues their replacement copy, as well as cancels the certificates of conformity;
20) carries out control and audit of issued certificates;
21) Performs other tasks assigned to his authority in the legislation of Turkmenistan.
Article 13. Authority of other government agencies
Other government agencies:
1) they participate in the implementation of the unified state policy in the field of certification within their jurisdiction;
2) certify the product according to the accreditation procedure;
3) develop regulatory documents on certification within their jurisdiction, as well as make changes to them and send them to the authorized agency for registration;
4) during the implementation of state control in the field of certification, they carry out their actions in interaction with the authorized agency, customs, sanitary, veterinary, law enforcement agencies;
5) keep records of certificates of conformity issued by them in accordance with the procedure established by the competent authority;
6) carry out certification, tests and (or) expert analysis of the product and issue certificates of conformity;
7) extend the period of validity of the certificate of conformity issued by them, suspend it, issue their replacement copy, and also cancel the certificates of conformity;
8) carry out the control of the certificates of conformity issued by them;
9) issue requests to eliminate detected violations;
10) impose a fine in accordance with the procedure established by the legislation of Turkmenistan;
11) perform other functions assigned to their authority in the legislation of Turkmenistan.
CHAPTER 3 IMPLEMENTATION OF WORK IN CERTIFICATION
PROCEDURE
Article 14. Product certification
1. A product produced in Turkmenistan or a product brought to Turkmenistan (including a product in use brought to Turkmenistan) is subject to certification, taking into account the features provided for in the second, fourth and fifth parts of this article, in accordance with the procedure established by the authorized agency.
2. Products taken out of the customs territory of Turkmenistan related to export, as well as products brought to Turkmenistan for the needs of individuals not related to personal, family and business activities, are exempted from certification, except for the cases provided for in the third part of this article.
3. Certain types of products taken out of the customs territory of Turkmenistan related to export, as well as products brought to Turkmenistan for the needs of individuals not related to personal, family and business activities, may be subject to certification. Lists of such products are approved by the Cabinet of Ministers of Turkmenistan.
4. The following products brought to Turkmenistan are not subject to certification:
1) in the sample order intended for carrying out tests (tests);
2) not intended for exhibition and subsequent publication or use;
3) for official missions of foreign states and international organizations in Turkmenistan, diplomatic and equivalent missions.
4) intended for sale only in retail stores without the right to sell in the domestic market.
5. Products of folk art-practical creativity, handmade by citizens of Turkmenistan (except for carpet products, jewelry made of precious metals and precious stones), as well as products of visual arts and souvenirs are not subject to certification.
6. Products exempted from certification may be certified upon request by interested parties.
7. Certificates of the Cabinet of Ministers of Turkmenistan may stipulate the specifics of certification of individual types of products.
8. Features of certification of products brought to Turkmenistan intended for the organization and holding of the 2017 Asian Indoor and Martial Arts Games in Ashgabat with the Law of Turkmenistan "On organizing and holding the 2017 Asian Indoor and Martial Arts Games in Ashgabat" is determined. (Addition entered is valid until December 31, 2017 (with addition) - on the basis of the Law of Turkmenistan dated 03.06.2017 No. 575-V).
Article 141. Certification of Services
1. Certification of services is carried out in accordance with the procedure established by the authorized agency in order to confirm the result of direct interaction between the contractor and the consumer, as well as the compliance of the contractor's work to meet the needs of the consumer with the requirements of regulatory documents.
2. The list of services subject to certification shall be approved by the authorized body in agreement with the Cabinet of Ministers of Turkmenistan.
3. Services that are not subject to certification may be certified at the request of interested parties based on their applications.
Article 15. Industrial safety certification
1. Industrial and technological equipment, materials and chemicals, vehicles transporting dangerous goods, in order to ensure the safety of hazardous production objects, performance of work, provision of services, protection of production workers, exposure of dangerous and harmful production factors to the population and the environment. refers to the certification of individual and collective protective equipment of employees in terms of compliance with industrial safety requirements.
2. Certification of compliance with industrial safety requirements is carried out in accordance with the procedure established by the authorized body.
Article 16. Certificate of Conformity and State Mark of Conformity
1. A certificate of conformity is issued when the product's compliance with the established requirements is confirmed by an authorized agency or other government agency, and based on it, the product manufacturer, developer, executor, seller, shipper has the right to use the state conformity mark.
2. Samples of certificates of conformity, certificates of accreditation (attestation), types and dimensions of the state mark of conformity are approved by the authorized body.
3. Advertising and (or) posting of products without a certificate of suitability is not allowed.
4. The existence of documents confirming their quality and safety should be considered in the conditions of contracts concluded for the import of products to Turkmenistan.
5. The certificate of conformity issued to the products subject to certification in accordance with Article 14 of this Law is submitted to the customs authorities together with the customs declaration and is a necessary document for obtaining permission to import the products to Turkmenistan (take them out of Turkmenistan).
6. Eligibility certificates are subject to mandatory registration in the State Register of Certification in accordance with the procedure established by the authorized agency.
7. Conformity certificates not registered in the State Register of Certification are not valid.
Article 17. State Register of Certification
1. The State Register on Certification contains a database and is necessary for the informational system service of testing laboratories (centers), expert-auditors, certified objects and productions, information on certified products, as well as the implementation of technical policy and management of product certification. contains other information that is
2. The procedure for the creation and maintenance of the State Register on Certification, the procedure for submitting information on registration of conformity certificates issued by other state agencies to the authorized agency, as well as the procedure for submitting information stored in the State Register on Certification by natural and (or) legal entities to the authorized agency prescribed by
Article 18. Recognition of certification documents issued by foreign countries
1. Documents confirming the quality and safety of the product received outside the territory of Turkmenistan are recognized in accordance with the international agreements of Turkmenistan. In the absence of an international agreement, recognition of documents confirming the quality and safety of the product is carried out in accordance with the procedure established by the competent authority.
2. If there are no regulatory documents in force in Turkmenistan on certification registered by an authorized agency for imported products, as well as if no bilateral international agreement on mutual recognition of conformity certificates has been concluded, for the purpose of certification, a one-time order from the manufacturer or the certification authority of foreign countries the recognition and use of documents confirming the quality and safety of products is allowed in the manner established by the authorized body.
CHAPTER 4
STATE SUPERVISORY EXAMINATION FOR CERTIFICATION
Article 19. Implementation of the state control audit in the field of certification
1. State control audit in the field of certification is carried out by checking compliance with the requirements of regulatory documents on certification by private entrepreneurs and legal entities.
2. The state control audit in the field of certification is carried out by the officials of the authorized agency within the scope of their authority.
Article 20. The main rights and obligations of officials conducting state control audits in the context of certification
1. Officials conducting state control audits in the field of certification have the following rights:
1) to be able to access the quality of certified products, the performance of work, the provision of services, as well as the work of other state agencies and testing laboratories (centers) in the field of certification without hindrance to carry out state control;
2) to request and receive the necessary documents and information from individuals and legal entities to conduct a state control audit of the quality of certified products, the performance of work, and the provision of services, as well as to conduct a state control audit of the work of other state agencies and testing laboratories (centers) in the context of certification;
3) in accordance with the requirements of regulatory documents on certification, to carry out the selection of prototypes and samples of products for the control of its conformity;
4) to issue requests to remove violations of the requirements set forth in the certification documents or, in the absence of conformity certificates (copies of conformity certificates), taking into account the regulatory nature of the violation, to prohibit the sale of the product for a specified period;
5) to suspend and (or) cancel certificates of conformity if it is found that the products do not meet the requirements established in the regulatory documents on certification;
6) to prosecute persons who manufacture and (or) sell products that do not meet the requirements set forth in regulatory documents on certification in accordance with the legislation of Turkmenistan.
2. Officials conducting the state control audit are obliged to:
1) to carry out explanatory work on the application of the legislation of Turkmenistan in the field of certification, to inform manufacturers, developers, executors, sellers, consignors about existing regulatory documents on certification;
2) to keep commercial and other secrets protected by law;
3) to comply with the procedure for conducting the state control audit established by the legislation of Turkmenistan in the context of certification;
4) to take measures to eliminate violations of the law found on the basis of the results of the state control audit.
Article 21. Basic rights and duties of expert auditors
1. Expert auditors have the right to:
1) to carry out certification and expert analysis of specific products and to issue conclusions on them within the scope of their attestation;
2) to get acquainted with the necessary documents of the inspected enterprise (organization);
3) requesting information necessary for conducting an investigation, excluding information constituting a state or commercial secret.
2. Expert auditors are obliged to:
1) to conduct an independent documented analysis of the objects of certification;
2) non-disclosure of confidential information received in the course of their certification, except for cases provided for by the legislation of Turkmenistan;
3) to justify and correctly describe the indicators of that product in the results during evaluation and expert analysis of specific products.
Article 22. Basic rights and obligations of product manufacturers, developers, executors, sellers, and shippers
1. Product manufacturers, developers, executors, sellers, shippers have the following rights:
1) to use the state conformity mark in relation to certified products;
2) to apply to the competent authority in accordance with the legislation of Turkmenistan for illegal actions of other state bodies, test laboratories (centers), expert-auditors;
3) to apply to court to protect their rights and legal interests.
2. Producers, developers, executors, sellers, shippers are obliged to:
1) release products into circulation only after passing certification;
2) to sell products only when there is a certificate confirming their quality and safety;
3) to show information on certification and regulatory documents on certification in the documents sent with the product and to ensure that this information is delivered to consumers;
4) to provide documentary confirmation to the institutions that carry out the state control audit, as well as to consumers, that the products meet the requirements of regulatory documents on certification;
5) to ensure that the quality of manufactured and (or) sold products meets the requirements of regulatory documents on certification and mark it with the state conformity mark established by the order;
6) if the certified products do not meet the requirements of regulatory documents on certification, as well as if the validity period of the certificate has ended or the validity of the certificate of conformity has been suspended, or if it has been canceled by the decision of the agency that carries out state control and inspection in the context of certification, then such to suspend or suspend the manufacture and (or) distribution of products;
7) provision of conditions for the persons carrying out the certification of products and the state control inspection of the objects of certification to perform their duties without hindrance;
8) to inform the authorized body about the changes made to the technical documents of the certified products or the technological process of production in the prescribed manner.
CHAPTER 5 GENERAL PROVISIONS
Article 23. Liability for violation of this Act
Persons guilty of violating this Law shall bear the responsibility established by the legislation of Turkmenistan.
Article 24. Dispute Resolution
Disputes arising in connection with certification are resolved in accordance with the procedure established by the legislation of Turkmenistan.
Article 25. Entry into force of this Act
1. This Law enters into force on the day of its official publication.
2. The following shall be considered invalid:
1) The Law of Turkmenistan "On Certification of Products and Services" adopted on October 8, 1993 (Data of the Mejlis of Turkmenistan, 1993, No. 9-10, Article 94);
2) Part 4 of the Law of Turkmenistan "On Amendments to Certain Legislations of Turkmenistan" adopted on November 23, 1999 (Details of the Mejlis of Turkmenistan, 1999, No. 4, Article 56);
3) Part V of the Law of Turkmenistan "On Amendments and Additions to Certain Legislations of Turkmenistan" adopted on July 7, 2001 (Data of the Mejlis of Turkmenistan, 2001, No. 2, Article 22);
4) Part XIII of the Law of Turkmenistan "On Amendments, Additions and Revocation of Certain Laws of Turkmenistan" adopted on November 18, 2009 (Data of the Mejlis of Turkmenistan, 2009, No. 2, Article 33) ;
5) The Law of Turkmenistan "On Amendments to the Law of Turkmenistan "On Certification of Products and Services" adopted on August 4, 2011 (Data of the Mejlis of Turkmenistan, 2011, No. 3, Article 63);
6) The Law of Turkmenistan "On Amendments and Additions to the Law of Turkmenistan "On Certification of Products and Services" adopted on August 4, 2012 (Data of the Mejlis of Turkmenistan, 2012, No. 3, Article 70).
3. The normative legal acts of Turkmenistan shall be brought into line with it within three months from the date of entry into force of this Law.
President of Turkmenistan |
Gurbanguly Berdimuhamedov |
Ashgabat city. December 18, 2013. No. 459-IV. |