Unofficial translation
This order shall come into force from July 1, 2021.In accordance with paragraph 5 of Article 44 of the Law of the Republic of Kazakhstan "On Technical Regulation", I HEREBY ORDER:
1. To approve the attached Rules for the storage of seized products.
2. The Committee for technical regulation and metrology of the Ministry of Trade and Integration of the Republic of Kazakhstan in the manner prescribed by law shall ensure:
1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;
2) placement of this order on the Internet resource of the Ministry of Trade and Integration of the Republic of Kazakhstan.
3. Control over the execution of this order shall be entrusted to the supervising Vice-Minister of Trade and Integration of the Republic of Kazakhstan.
4. This order shall come into force on July 1, 2021 and shall be subject to official publication.
|
Minister of Trade and Integration of the Republic of Kazakhstan |
B. Sultanov |
| Approved by the order of the Minister of Trade and Integration of the Republic of Kazakhstan dated May 21, 2021 No. 349-RL |
Rules for the storage of seized products
Chapter 1. General provisions
1. These Rules for the storage of seized products (hereinafter - the Rules) have been developed in accordance with paragraph 5 of Article 44 of the Law of the Republic of Kazakhstan "On Technical Regulation" (hereinafter - the Law) and shall determine the procedure for the storage of seized products.
2. These Rules shall apply to seized products which non-compliance with the requirements of technical regulations has been proven by the results of laboratory tests during state control and supervision in the field of technical regulation in order to prevent the occurrence of socially dangerous consequences.
3. The basis for the storage of seized products shall be the decision on the seizure of products issued by the territorial subdivision of the authorized body in the field of technical regulation.
Chapter 2. Procedure for the storage of seized products
4. The seized products shall be placed for the storage at the subject of supervision or a third party on the basis of a storage agreement concluded with the subject of supervision, in accordance with the civil legislation of the Republic of Kazakhstan (hereinafter- the third party).
5. The seized products shall be placed for the storage within 5 (five) working days from the date of entry into force of the decision on the seizure of products.
6. The subject of supervision, in order to ensure conditions that exclude access to the seized products in the presence of an official of territorial subdivision of the authorized body in the field of technical regulation shall provide sealing, or gluing, or sealing with warning inscriptions on the seized products or the room (premises) where the seized products are stored.
Sealing, gluing, sealing shall be drawn up by an act in any form indicating the name of the seized products, quantity (unit (pieces), weight (kilogram), volume (cube) or other quantities), cost, batch number, date of manufacture, storage location, responsible person for storage. The act shall be drawn up in two original copies in the Kazakh and Russian languages, signed by an official of territorial subdivision of the authorized body in the field of technical regulation and the subject of supervision. One copy shall be kept by the subject of supervision, the second one - by an official of territorial subdivision of the authorized body in the field of technical regulation.
If the storage of the seized products is carried out by a third party, the act shall be drawn up in three copies, signed by an official of territorial subdivision of the authorized body in the field of technical regulation, a subject of supervision, the third party. One copy shall be kept by the subject of supervision, the second one- by an official of territorial subdivision of the authorized body in the field of technical regulation, the third one– by the third party.
7. The subject of supervision or the third party, carrying out the storage of the seized products shall ensure the storage of seized products in accordance with requirements of regulatory documents on standardization for the seized products and the storage conditions specified in the labelling or in the shipping documents for the products.
8. For the storage of seized products, a separate premise (room, warehouse, territory), zone or area that meets the requirements established in paragraph 7 of these Rules shall be provided.
If the seized products are stored in the same room together with other products, then the subject of supervision or a third party shall ensure that the seized products are stored in an area, excluding their contact with other products.
9. The seized products shall be stored with the inscription: "SEIZED, THE PRODUCTS DO NOT MEET THE REQUIREMENTS OF TECHNICAL REGULATIONS". This inscription shall be applied taking into account the contrast between the background colours and the inscription, ensuring the possibility of reading information without the use of optical devices.
10. The seized products shall be stored in accordance with the requirements of these Rules until the entry into force of the court decision on the claim of territorial subdivision of the authorized body in the field of technical regulation, presented in accordance with paragraph 4 of Article 44 of the Law.