On approval of the Agreement on the approximation of approaches to regulatory and technical regulation, assessment of conformity, standardization, accreditation and metrological support in the field of the use of atomic energy for peaceful purposes

New Unofficial translation

Resolution of the Government of the Republic of Kazakhstan dated October 11, 2018 No. 631.

      Unofficial translation

      In accordance with subparagraph 2) of article 15 of the Law of the Republic of Kazakhstan dated May 30, 2005 “On international treaties of the Republic of Kazakhstan” The Government of the Republic of Kazakhstan RESOLVES:

      1. To approve the attached Agreement on the approximation of approaches to regulatory and technical regulation, assessment of conformity, standardization, accreditation and metrological support in the field of the use of atomic energy for peaceful purposes, concluded in Kazan on May 26, 2017.

      2. This resolution shall come into effect from the date of its signing.

      Prime Minister of the
      Republic of Kazakhstan B. Sagintayev

  Approved by
Resolution of the Government of
the Republic of Kazakhstan
No.631 dated October 11, 2018

AGREEMENT
on the approximation of approaches to regulatory and technical regulation, assessment of
conformity, standardization, accreditation and metrological support in the field of the use of
atomic energy for peaceful purposes

      Governments of the States Parties to this Agreement, hereinafter referred to as the Parties,

      recognizing the advisability of pursuing an agreed policy in the field of the use of atomic energy for peaceful purposes on regulatory and technical regulation, conformity assessment, standardization, accreditation and metrological support,

      taking into account the principles and approaches to ensuring safety in the use of atomic energy for peaceful purposes, as reflected in safety standards of International atomic energy agency (IAEA) and other international organizations,

      based on the Framework Program for Cooperation of the CIS Member States in the field of the use of atomic energy for peaceful purposes until 2020 COOPERATION "ATOM - CIS" dated May 19, 2011 and taking into account the provisions of the Agreement on the coordination of interstate relations of the CIS Member Nations in the field of the use of atomic energy for peaceful purposes dated May 31, 2013,

      considering the Agreement on the implementation of an agreed policy in the field of standardization, metrology and certification dated March 13, 1992 and Agreement on mutual recognition of test results for type approval, metrological certification, verification and calibration of measuring instruments dated May 29, 2015;

      agreed on the following:

Article 1

      The objectives of this Agreement are to bring together the approaches of the States Parties to this Agreement in the field of regulatory and technical regulations, conformity assessment, standardization, accreditation and metrological support for Production (including imported to CIS member states), for which requirements are established related to ensuring safety in the field of the use of atomic energy for peaceful purposes (hereinafter referred to as the Production), processes of design (including surveys), design, production, construction, installation, fixing, commissioning, operation, decommissioning (dismantling), storage, transportation, sale, disposition, final deposition of the Production (hereinafter referred to as the Processes), as well as the development of an agreed policy and the defining of the main directions in the field of technical regulation in the field of the use of atomic energy for peaceful purposes.

Article 2

      The implementation of approximation of approaches of the States Parties to this Agreement on regulatory and technical regulation, conformity assessment, standardization, accreditation and metrological support will be carried out by the Parties adopting additional agreements defining activities in these areas.

Article 3

      The parties have agreed that activities on the approximation of approaches to regulatory and technical regulation, assessment of conformity, standardization, accreditation and metrological support in the field of peaceful uses of atomic energy taking into account national legislation, will be based on the following principles:

      ensuring the harmonization of mandatory national requirements applicable to the Production and Processes, as well as forms and schemes for conformity assessment and applied for the purpose of conformity assessment of the rules and methods of research (testing) and measurements, including rules for sampling;

      priority of ensuring nuclear and radiation safety in the establishment and application (use) of mandatory requirements for the Production and Processes;

      the inadmissibility of the contradiction of the provisions and requirements for Production and Processes established in the documents on standardization, safety requirements for Production and Processes;

      ensuring a high level of safety culture;

      unity of used terminology;

      ensuring the unity of identification systems, classification and coding systems of Production and Processes;

      обязательность оценки соответствия Продукции и Процессов;

      setting requirements for the Production and Processes, taking into account the recommendations of the IAEA and other international organizations;

      the possibility of mutual or unilateral recognition by the Parties of the results of accreditation of conformity assessment bodies of the Production and Processes;

      the possibility of mutual or unilateral recognition by the Parties of the results of work on the conformity assessment of the Production and Processes conducted by accredited conformity assessment bodies;

      ensuring uniformity of measurements;

      general availability of standardization documents, the use and execution of which is mandatory, except for documents in the field of standardization, containing information constituting state secrets or relating to protected information of limited access in accordance with the legislation of the States Parties to this Agreement.

Article 4

      In relation to Production and Processes principles of regulatory and technical regulation, assessment of conformity, standardization, accreditation and metrological support in the field of the use of atomic energy for peaceful purposes apply to the extent that does not contradict the regulatory legal acts of the States Parties to this Agreement.

      When handling (implementation) in the territories of the States Parties to this Agreement the Production and Processes, intended for a specific object of the use of atomic energy for peaceful purposes, it is not excluded the conformity assessment of the Production and Processes to the requirements of the national regulatory legal acts of the States Parties to this Agreement in which territory this facility is located.

Article 5

      This Agreement does not affect the rights and obligations of each Party arising for it from other international treaties to which its state is a party.

Article 6

      This Agreement may be amended by mutual consent of the Parties, which is an integral part thereof, which is documented in the relevant protocol.

Article 7

      Disputes between the Parties arising from the application and interpretation of this Agreement shall be resolved through consultation and negotiation of the Parties concerned or through another procedure agreed upon by the Parties.

Article 8

      This Agreement shall enter into force upon the expiration of 30 days from the date of receipt by the depositary of the third notification on the implementation by the Signatories of the internal state procedures required for its entry into force.

      For the Parties that have completed internal state procedures later, this Agreement shall enter into force 30 days after the date of receipt by the depositary of the relevant documents.

Article 9

      This Agreement, after its entry into force, is open for accession by any state by transferring to the depositary an instrument of accession.

      For the CIS member states, this Agreement enters into force 30 days after the date of receipt by the depositary of the instrument of accession.

      For a non-member state of the CIS, this Agreement enters into force 30 days after the date of receipt by the depositary of the last notification of consent to such accession of the signatory or acceding States.

Article 10

      This Agreement is concluded for an indefinite period.

      Each Party has the right to withdraw from this Agreement by sending a written notification to the depositary of its intention no later than six months prior to withdrawal and settling the obligations that arose during the term of this Agreement.

      Signed in Kazan on May 26, 2017 in one copy in Russian language. The original copy of this Agreement is kept in the Executive Committee of the Commonwealth of Independent States, which will send to each signatory to this Agreement its certified copy.

On behalf of the Government of the Republic of Azerbaijan

On behalf of the Government of the Russian Federation

On behalf of the Government of the Republic of Armenia

On behalf of the Government of the Republic of Tajikistan

On behalf of the Government of the Republic of Belarus

On behalf of the Government of Turkmenistan

On behalf of the Government of the Republic of Kazakhstan

On behalf of the Government of the Republic of Uzbekistan

On behalf of the Government of the Kyrgyz Republic

On behalf of the Government Of Ukraine

On behalf of the Government of the Republic of Moldova



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