Unofficial translation
This order shall come into force on July 1, 2021.In accordance with subparagraph 4) of paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan "On Technical Regulation", I HEREBY ORDER:
1. To approve:
1) The Rules for the release into circulation of products not included in the Unified List, included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect in accordance with Appendix 1 to this order;
2) a list of products in respect of which a declaration of general safety shall be adopted in accordance with Appendix 2 to this order;
3) a form of declaration of general safety in accordance with Appendix 3 to this order.
2. The Committee for technical regulation and metrology of the Ministry of Trade and Integration of the Republic of Kazakhstan in the manner established by the legislation 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 effect from July 1, 2021 and shall be subject to official publication.
|
Minister of Trade and Integration of the Republic of Kazakhstan |
B. Sultanov |
"AGREED"
Ministry of Healthcare
of the Republic of Kazakhstan
"AGREED"
Ministry of Culture and Sports
of the Republic of Kazakhstan
"AGREED"
Ministry of National Economy
of the Republic of Kazakhstan
"AGREED"
Ministry of Digital Development,
Innovations and Aerospace
Industry of the Republic of Kazakhstan
| Appendix 1 to the order of the Minister of Trade and Integration of the Republic of Kazakhstan dated May 31, 2021 No. 380-RL |
Rules for the release into circulation of products not included in the Unified List, included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect
Chapter 1. General provisions
1. These Rules for the release into circulation of products not included in the Unified List, included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect (hereinafter-the Rules) have been developed in accordance with subparagraph 4) of paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan "On Technical Regulation" (hereinafter - the Law) and shall determine the procedure for issuing into circulation of products that are not included in the Unified List, included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect.
2. The following basic concepts are used in these Rules:
1) a manufacturer - a legal entity or an individual registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union, registered as an individual entrepreneur, carrying out manufacture or production and sale of products on its own behalf;
2) a person authorized by the manufacturer - a legal entity or an individual registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union, registered as an individual entrepreneur, who, on the basis of an agreement with the manufacturer, including with a foreign manufacturer shall carry out actions on behalf of this manufacturer when assessing conformity and release into circulation of products on the territory of the Republic of Kazakhstan;
3) a declaration of general safety - a document voluntarily accepted by the manufacturer, a person authorized by the manufacturer, importer, seller in relation to products not included in the Unified List of Products in respect of which mandatory requirements are established within the Customs Union, approved by decision of the Commission of the Customs Union (hereinafter – the Unified List), as well as products included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect;
4) an importer - a legal entity registered in accordance with the legislation of the Republic of Kazakhstan or a member state of the Eurasian Economic Union or an individual registered as an individual entrepreneur who has concluded a foreign trade agreement (contract) with a foreign manufacturer (seller) for the transfer of products manufactured in batches and carries out release of these products into circulation and (or) their sale on the territory of the Republic of Kazakhstan;
5) release of products into circulation - supply (sale) or import of products (including shipment from the manufacturer's warehouse or shipment without storage) for the purpose of distribution on the territory of the Republic of Kazakhstan in the course of entrepreneurial activities;
6) a seller - a legal entity registered in accordance with the legislation of the Republic of Kazakhstan or an individual registered as an individual entrepreneur, selling products to the purchaser (consumer);
7) information system of technical regulation - an automated information system designed to store, process, search, distribute, transfer and provide data and information contained in the registers of technical regulation, the state system for ensuring the uniformity of measurements, the national standardization system and unified registers of issued or accepted documents on conformity assessment of the Eurasian Economic Union.
Chapter 2. The procedure for the release into circulation of products not included in the Unified List, included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect
3. A manufacturer, a person authorized by the manufacturer, an importer, a seller shall ensure the safety of products upon release into circulation of products not included in the Unified List, included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect.
4. To ensure the safety of products, a sufficient condition shall be the application of national standards on a voluntary basis, the effect of which applies to the products put into circulation.
5. In order to ensure the safety of products not included in the Unified List, included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect, a manufacturer, a person authorized by the manufacturer, an importer, a seller shall proceed from:
1) the need to take into account the characteristics of the product (including its composition), packaging requirements, availability of instructions (manuals) for its operation (use, application), installation, start-up, regulation and running-in;
2) information about the effect of such products on other products in case of their joint use, if there is information or reasonable assumptions;
3) the need to provide the purchaser (consumer) with information about the product and its labelling, instructions (manuals) for its operation (use, application), disposal, possible risks and ways to eliminate them during installation, adjustment, operation (use, application) and (or) other product information;
4) reasonable assumptions about the possibility of using products for other purposes, when such use poses a risk;
5) the need to provide information on the operation, use, use of products by certain categories of consumers, including minors, pregnant women, nursing mothers, and the disabled.
6. A manufacturer, a person authorized by the manufacturer, an importer, a seller shall ensure the safety requirements of the products specified in paragraph 5 of these Rules, its compliance with the properties declared on the label, subject to the recommendations and (or) restrictions on operation (use, application) established by the manufacturer during the expiration date (service life) of the product established by the manufacturer.
7. When putting into circulation of products that are not included in the Unified List, included in the Unified List, but in respect of which technical regulations have not been adopted or put into effect, a manufacturer, a person authorized by the manufacturer, an importer, a seller shall form a declaration of general safety in the information system of technical regulation in accordance with Appendix 3 to this by order.
The declaration of general safety shall be assigned a unique identification number in accordance with the Rules for the formation, maintenance and tracking of the register of technical regulation, approved by the authorized body in accordance with subparagraph 11) of paragraph 1 of Article 7 of the Law.
8. After formation of the declaration of general safety by the authorized body in the field of technical regulation within 3 (three) calendar days, a notification shall be issued and entered into the information system of technical regulation.
| Appendix 2 to the order of the Minister of Trade and Integration of the Republic of Kazakhstan dated May 31, 2021 No. 380-RL |
List of products in respect of which a declaration of general safety is accepted
1. Watches of all kinds and their parts.
2. Umbrellas and sunshades.
3. Sunglasses.
4. Inventory and equipment for general physical education, gymnastics, athletics, other sports or outdoor games (with the exception of products that are objects of current technical regulations).
5. Brooms, household brushes.
6. Расчески, гребни для волос и аналогичные предметы.
6. Combs, hair combs and similar items.
7. Stationery, including ballpoint pens, pens and markers with a tip made of felt or feutre and other porous materials, pencils, coloured pencils (with the exception of products that are objects of current technical regulations).
8. Publishing book and magazine products (with the exception of products that are objects of current technical regulations).
9. Christmas-tree decorations, artificial Christmas trees and their accessories, electric garlands (with the exception of products that are objects of current technical regulations).
10. Artificial flowers.
| Appendix 3 to the order of the Minister of Trade and Integration of the Republic of Kazakhstan dated May 31, 2021 No. 380-RL |
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| Form |
State system of technical regulation of the Republic of Kazakhstan
QR code of a unique identification number
Declaration of general safety
(registered in the register of data of the state system of technical regulation)
"____" ________ 20___ year
_________________________________________________________
(unique identification number)
A manufacturer, a person authorized by the manufacturer, an importer,
a seller __________________________________________________
________________________________________________________________
(Business identification number, name of a manufacturer, of a person authorized by the manufacturer, an importer, a seller, a legal address)
First head_____________________________________________________
___________________________________________________________
(Individual identification number, surname, name, patronymic (if any)
Contact details ____________________________________________
(phone number, e-mail address, website)
Code of the Unified Commodity Nomenclature for Foreign Economic Activity of the Eurasian Economic Union ____________________________________________
Name of product ________________________________________________
Brief description of products ________________________________________
Designation and name of a normative document on standardization, according to which the products are manufactured ________________________________________
Production start date ______________________________________________
A manufacturer, a person authorized by the manufacturer, an importer, a seller |
Surname, name, patronymic |
Note: According to paragraph 1 of Article 7 of the Law of the Republic of Kazakhstan "On Electronic Document and Electronic Digital Signature", this document is equivalent to a paper document.