Accreditation in the field of conformity assessment

This Law regulates public relations in the field of accreditation of conformity assessment bodies, test, poverochnыh, calibration laboratories (centers), legal entities, performing metrological certification of measurement procedures, as well as the associated other relations in the field of conformity assessment.

Article 1. basic concepts, used in the Law

In the present Law the following basic concepts:

1) accreditation – procedure of official recognition by the accreditation body of competence of the applicant to carry out the work in a specific area of ​​conformity assessment;

2) accreditation certificate – document, issued by the accreditation body, certifying the competence of the subjects of accreditation to carry out work in a particular field of conformity assessment;
2-1) Review of accreditation certificate – the decision of the accreditation body of the temporary invalidation of accreditation certificate or part of the scope of accreditation of the subject of accreditation in case of non-subject Accreditation criteria for accreditation, against which it is accredited, to eliminate the causes of, served as the basis for the revocation certificate accreditation;

3) accreditation badge – designation, provided by the accreditation body Accreditation subject to inform third parties of the passage of the accreditation procedure;

4) the accreditation body – entity, determined on competitive basis, carrying out accreditation activities and is a member of international organizations for accreditation;
4-1) experts-auditors on accreditation - individuals, certified in order, determined by the accreditation body;

5) accreditation system – a set of state bodies, individuals and legal entities, carrying out work in the field of accreditation of conformity assessment within their competence;

6) accreditation criteria – a set of requirements, to be met by the applicant for its accreditation and the accreditation of the subject;

7) updated materials Accreditation – changes to documents are the subject of accreditation, not involving renewal of accreditation certificate;

8) the scope of accreditation – officially recognized conformity assessment objects, covered by the Accreditation;

9) extension of accreditation – the process of increasing the subject of accreditation of conformity assessment of the list of objects;

10) reduction in scope of accreditation – the process of reducing the subject of accreditation of conformity assessment of the list of objects;

11) excluded Law of RK 29.03.2016 № 479-V (It enters into force after twenty one calendar days after its first official publication);

12) register of accreditation – unified system of accounting subjects of accreditation;

13) accreditation entity – a legal person or structural unit of a legal entity, acting on its behalf, passed accreditation in order, established by this Act;

14) inspection of – verification of compliance with the subjects of accreditation criteria for accreditation, carried out by the accreditation body;

15) calibration laboratory (Centre) – a legal person or structural unit of a legal entity, acting on its behalf, performing calibration of measuring instruments;
15-1) re-accreditation – another procedure of official recognition by the accreditation body of competence of the applicant to carry out the work in a specific area of ​​conformity assessment;
15-2) technical expert in the area of ​​traceability – individual, certified OK, by the authorized body, the right to perform activities in the area of ​​traceability;

16) entities, performing metrological certification of measurement procedures – entities, accredited to carry out works on metrological certification of measurement procedures;

17) comparison of results of verification and calibration of measuring instruments – comparison of research results, metrological characteristics measuring means;

18) applicant – entity, has submitted request accreditation;

19) comparative tests – implementation and evaluation of the test results on the same or similar test object by two or more laboratories (centers);

20) calibration laboratory (Centre) – a legal person or structural unit of a legal entity, acting on its behalf, performing verification of measuring instruments;

21) conformity assessment – proof of fulfillment of specified requirements for products, process, services, system management, personnel, means of measurement, test equipment, techniques for performing measurements by a conformity, test, research, of measurement, verification, calibration and certification;

22) objects of conformity assessment – products, processes, services, management system, staff, measuring instruments, test equipment, measurement procedure, subject to conformity, research, tested, measurements, verification, calibration, certification;

23) certification bodies – entities, carrying out work on conformity of production, processes, services, management systems or personnel;
23-1) expert auditors on conformity assessment - individuals, certified in order, by the authorized body;

24) testing laboratory (Centre) – a legal person or structural unit of a legal entity, acting on its behalf, carry out research, test;

25) technical expert – individual, possessing special knowledge or expertise on the object, subjected to conformity assessment;

26) authorized body – state agency, exercising the state regulation technical regulations and ensuring traceability.
footnote. Article 1 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication); from 10.07.2012 № 34-V (It enters into force from the date of its first official publication); from 29.03.2016 № 479-V (It enters into force after twenty one calendar days after its first official publication).

Article 2. Legislation of the Republic of Kazakhstan
Accreditation of conformity assessment

1. Legislation of the Republic of Kazakhstan on accreditation of conformity assessment is based on constitutionThe Republic of Kazakhstan and consists of this Law and other regulatory regulations.

2. If an international treaty, ratified by the Republic of Kazakhstan, establishes other rules, than those, which are contained in the present Law, the rules of international treaty.

Article 3. The main objectives and principles of accreditation

1. The main objectives are accreditation:

1) protection of consumers' interests in matters of product safety and quality, processes, services;

2) increase the competitiveness of domestic products;

3) improving the quality and reliability of conformity assessment;

4) elimination of technical barriers to trade;

5) creation of conditions for release of domestic products to foreign markets and recognition of the results of accreditation of subjects of the Republic of Kazakhstan by international organizations and foreign countries.

2. Principles of accreditation are:

1) voluntariness;

2) the availability of information on the procedures, accreditation criteria;

3) transparency of accreditation activities in the field of conformity assessment;

4) preventing discrimination;

5) competence;

6) unity and integrity of the accreditation system;

7) independence;

8) inadmissibility of combining the accreditation with the conformity assessment activities activities;

9) prioritize the use of international standards (regional) organizations in the implementation of accreditation.

Article 4. accreditation system

The accreditation system consists of:

1) The Government of the Republic of Kazakhstan;

2) authorized body;

3) the accreditation body;

4) the subjects of accreditation;

5) experts-auditors on accreditation, conformity assessment, technical experts in the area of ​​traceability, technical experts.
footnote. Article 4 with changes, as amended by the Law of RK from 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 5. The competence of the Government of the Republic of Kazakhstan
in the field of accreditation in the field of evaluation
correspondence

The competence of the Government of the Republic of Kazakhstan in the sphere of accreditation of conformity assessment are:

1) design main directions state policy in the field of accreditation;

2) statement the rules of the tender for the selection of the accreditation and qualification requirements for the accreditation body;
2-1) definition accreditation body in accordance with the rules, referred to in subparagraph 2) this article;

3) perform other functions, assigned to it Constitution, laws of the Republic of Kazakhstan and the acts of the President of the Republic of Kazakhstan.
footnote. Article 5 with changes, Law dated 05.07.2011 № 452-IV (be put into effect with 13.10.2011); from 10.07.2012 № 34-V(It enters into force from the date of its first official publication).

Article 6. The competence of the authorized body

Authorized body within its competence,:

1) implements the state policy in the field of accreditation;
1-1) develops the rules of the tender for the selection of the accreditation and qualification requirements for the accreditation body;
1-2) organizes and conducts competitions for the selection of the accreditation body;
2) excluded Law of RK 13.01.2014 № 159-V (enter into force after ten calendar days after its first official publication);
3) exercise control over compliance with the legislation of the Republic of Kazakhstan on accreditation of conformity assessment;
4) excluded Law of RK 29.12.2014 № 269-V (be put into effect with 01.01.2015);
5) exercise other powers, under this Act, other laws of the Republic of Kazakhstan, acts of the President of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan.
footnote. Article 6 with changes, Law dated 17.07.2009 N 188-IV (introduction order in action see. Article. 2); from 19.03.2010 № 258-IV; from 06.01.2011 № 378-IV (enter into force after ten calendar days after its first official publication); from 05.07.2011 № 452-IV (be put into effect with 13.10.2011); from 10.07.2012 № 34-V(It enters into force from the date of its first official publication); from 10.07.2012 № 36-V(enter into force after ten calendar days after its first official publication); from 13.01.2014 № 159-V (enter into force after ten calendar days after its first official publication); from 29.12.2014 № 269-V (be put into effect with 01.01.2015).

Article 7. The accreditation body

1. Excluded Law of RK from 10.07.2012 № 34-V(It enters into force from the date of its first official publication).

2. The accreditation body:

1) can:
involve experts-auditors on accreditation, conformity assessment, technical experts in the area of ​​traceability, technical experts and other professionals to participate in the execution of the accreditation;
participate in the work of international (regional) non-governmental and non-governmental organizations for accreditation;
organize comparative testing and comparisons of results of verification and calibration of measuring instruments;
conduct an inspection;
to monitor the activities of the subjects of Accreditation for compliance with the criteria for accreditation;
carry out certification of experts-auditors on accreditation;

2) must:
establish forms of accreditation certificate, Applications for accreditation certificate, accreditation badge;
to carry out work on accreditation in compliance with the established order, including the stages of accreditation and dates of their execution, as well as the timing of the inspection, including extraordinary;
to prevent the disclosure of information, constituting commercial or other protected the law secrecy, which became known during the work on accreditation;
maintain the register of accreditation;
to conduct an Internet resource, officially publish it on the register of accreditation and to place regulations on accreditation of conformity assessment;
consider complaints of subjects accreditation and to decide upon, placed on the Internet site information on the decisions taken;
in case of revocation or termination of accreditation certificate postakkreditatsionnogo contract within three working days written notice to the authorized body;
consider applications for renewal of the certificate of accreditation, updating the accreditation materials;
withdraw, return the certificate of accreditation and access to the court to annul the certificate of accreditation on the grounds and in the manner, provided by this Act.

3. For a review of materials for accreditation and decision-making on them the head of the accreditation body to create a permanent commission to consider accreditation materials. Commission decisions are advisory in nature.

The quantitative composition of the commission shall be odd, consist of at least three people and include at least one expert-auditor on accreditation.
footnote. Article 7 with changes, Law dated 10.07.2009 № 178-IV; from 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication); from 10.07.2012 № 34-V(It enters into force from the date of its first official publication); from 29.10.2015 № 376-V (introduced in action 01.01.2016).

Article 8. subjects accreditation

1. Excluded Law of RK from 29.10.2015 № 376-V (introduced in action 01.01.2016).

2. The results of conformity assessment accreditation entities are recognized in the whole territory of the Republic of Kazakhstan.

3. foreign organizations, their branches and representative offices, carrying out activity on conformity assessment in the Republic of Kazakhstan, for the recognition of the results of their activities subject to accreditation in accordance with this Law.

4. Subjects entitled to accreditation:

1) use the accreditation mark;

2) contact the accreditation body with a request for extension or reduction of the scope of accreditation, revocation, on the return of the certificate of accreditation and the termination of the accreditation certificate;

3) appeal to the accreditation body of the actions of its employees;

4) to go to court for disputes concerning accreditation.

5. Subjects are required accreditation:

1) comply with the legislation of the Republic of Kazakhstan and regulatory requirements, against which they are accredited;

2) perform work within the scope of accreditation;

3) refer to the certificate of accreditation within the scope of accreditation;

4) notify the accreditation body to terminate the activities in the approved scope of accreditation or the upcoming liquidation;

5) address the identified inconsistencies in terms of the criteria for accreditation, established by the decision of the accreditation body;

6) ensure that persons, carrying out an inspection, Access to the room, equipment, information and provide other necessary assistance;

7) to participate in the comparative tests and comparisons of results of verification and calibration of measuring instruments;

8) in the case of termination of the accreditation certificate to return the accreditation certificate within five working days of receipt of the decision to terminate the accreditation certificate;

9) in the event of termination,, cancellation, suspension or deprivation of accreditation certificate to terminate a link to accreditation;
10) in case of withdrawal of accreditation certificate to terminate a link to the accreditation certificate or scope of accreditation, temporarily invalidated.
footnote. Article 8 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication); from 29.10.2015 № 376-V (introduced in action 01.01.2016).

Article 9. Certification bodies

1. of conformity assessment bodies should be independent of producers (artists) products (services), suppliers and consumers (services).

2. Branches of conformity assessment bodies accredited by the application of a legal entity in accordance with this Law.
The scope of accreditation of conformity assessment affiliates authorities approve individual.

3. of conformity assessment bodies may not provide advisory services, affecting the impartiality and objectivity of the process of conformity assessment.
4. of conformity assessment bodies should ensure impartiality in the performance of work on conformity, assessing risks, resulting from the conformity assessment activities, and have the financial stability and adequate resources to ensure that activities in the field of liability.
footnote. Article 9 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 10. test, poverochnыe, calibration
laboratory (centers) and legal entities,
carrying out metrological certification
measurement procedures

1. test, poverochnыe, calibration laboratories (centers) and legal entities, performing metrological certification of measurement procedures, operate in accordance with this Act, the legislation of the Republic of Kazakhstan in the field of technical regulation and of uniformity of measurements.

2. calibration laboratories (centers) should be independent of producers (artists) products (services), suppliers and consumers (services).

3. test, poverochnыe, calibration laboratories (centers) should provide traceability by obtaining the size of measurement units from the state measurement standards in accordance with laws The Republic of Kazakhstan on ensuring the uniformity of measurements, in their absence – by national standards of other countries of units.
4. test, poverochnыe, calibration laboratories (centers) must provide impartiality in the performance of work on conformity and works in the areas of, the Article 23 Law of the Republic of Kazakhstan "On ensuring the unity of measurements", evaluate risks, arising as a result of, and have the financial stability and adequate resources to ensure that activities in the field of liability.
footnote. Article 10 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 11. Experts-auditors on accreditation,
conformity assessment, technical
Experts in the field of unity
measurements and technical experts

1. Experts-auditors on accreditation, conformity assessment, Technical experts in the area of ​​traceability and technical experts involved in the execution of the Accreditation in accordance with this Act.

2. Experts-auditors on accreditation, conformity assessment, technical experts in the area of ​​traceability, and technical experts carry out their activities on the basis of labor or civil contract.
footnote. Article 11 in the wording of the Law on 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 12. accreditation Badge

1. Accreditation mark is used to inform third parties of the passage of the subject of accreditation Accreditation procedure.

2. Provided the subject of accreditation accreditation mark must contain a reference number issued by the accreditation certificate.

3. The order of use of the accreditation mark determined postakkreditatsionnym contract.

Article 13. stages of accreditation

1. Accreditation includes the following stages:

1) reception, consideration of the application and the documents submitted;

2) conclusion predakkreditacionnogo agreement;

3) examination of the documents submitted;

4) examination of the applicant on the location;

5) a decision on accreditation or refusal of accreditation;

6) conclusion postakkreditatsionnogo contract, approval of the scope of accreditation and the issuance of a certificate of accreditation or termination of the contract predakkreditatsionnogo.

2. Re-accreditation is conducted in compliance with all stages, provided for in paragraph 1 this article. The application for re-accreditation filed by the applicant not later than six months before the expiry of the accreditation certificate.
footnote. Article 13 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 14. criteria for accreditation

The applicants and the subjects of accreditation must meet the following criteria:

1) have the status of a legal person or structural unit of a legal entity, acting on its behalf;

2) have qualified personnel, allows you to perform work on conformity assessment in the declared field of accreditation;

3) have the right of ownership, of business, operational management or in temporary possession and use of facilities, Equipment and material resources, necessary for the performance of conformity assessment activities;

4) meet the requirements of regulatory documents, against which they are accredited (accredited).
in this Act under the regulations refers to regulations on standardization and ensure traceability.

Article 15. Presentation and consideration of the application

1. The applicant shall submit to the accreditation body the following documents:

1) application for accreditation;

2) notarized copies of documents, establishing the legal status of the applicant;

3) the claimed the scope of accreditation on paper and electronic media;
3-1) quality quide;

4) passport for test, poverochnыh, calibration laboratories (centers), legal entities, performing metrological certification of measurement procedures;

5) Information Staff, performs conformity assessment work, for conformity assessment bodies.

The applicant, depending on their chosen regulatory document provides relevant information.

All documents, with the exception of the application, submitted in duplicate.

2. forms of documents, indicated in subparagraphs 1), 3), 4) and 5) of the first paragraph 1 this article, establishedauthorized body.

3. When, if the application and (or) annexed documents do not meet the prescribed form or not presented in full, accreditation body within five working days, calculated from the date of their receipt, returns the documents of the applicant indicating the reason for the return by mail or handed to his representative intentionally by hand.
footnote. Article 15 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 16. Predakkreditatsionny contract

1. Predakkreditatsionny agreement concluded between the accreditation body and the applicant.

2. The material terms of the contract are predakkreditatsionnogo:

1) subject of a contract;

2) rights and obligations of the parties;

3) cost of work;

4) responsibility of the parties.

3. Typical predakkreditatsionny contract allegedly authorized body.

4. Predakkreditatsionny contract shall be terminated in the following cases:

1) liquidation of the legal entity;

2) termination of the contract in accordance with the civil laws Republic of Kazakhstan;

3) eliminated within a set period of accreditation body inconsistencies, identified in the examination of documents or examination of the applicant on the location;

4) detection by the accreditation if reexamination documents or re-examination of the location of the applicant inconsistencies, referred to respectively in the initial conclusion of expert-auditor on accreditation or the report on the survey group;

5) the adoption by the accreditation decision to deny accreditation.

Article 17. Examination of the documents submitted

1. The examination of the submitted documents is carried out in a period not exceeding thirty days, commencing on the date of the contract.
Examination of the documents submitted with the re-accreditation is carried out in part of the changes in the documents of the subject of accreditation and the legislation of the Republic of Kazakhstan on accreditation of conformity assessment.

2. For examination by the accreditation body appointed expert auditor Accreditation, as well as technical experts on the stated objects of conformity assessment may be involved.

3. The conclusion of expert-auditor on accreditation must contain:

1) assessment of compliance of the submitted documents the criteria for accreditation;

2) indications of a mismatch-specific documents criteria (in the presence of inconsistencies);

3) recommendations on updating the documents submitted (if necessary) and the procedure for confirming the applicant implement these recommendations;

4) conclusions about conformity or non-conformity of the submitted documents the criteria for accreditation.

4. Based on the opinion of expert-auditor on accreditation accreditation body shall take one of the following decisions about:

1) examination of the applicant on the location;

2) eliminating inconsistencies identified by the applicant.
Notification of the decision to the applicant in writing within three working days from the date of the decision by mail or by facsimile and shall be deemed received, respectively, from the date of the applicant's mark in the notice of receipt of postal item or on the day of departure fax.

5. The applicant within thirty working days of receipt of notification, specified in subparagraph 2) of the first paragraph 4 this article, eliminates the inconsistencies found and notify the accreditation body in writing by mail to the submission of supporting documents to eliminate inconsistencies. The accreditation body within seven working days of receipt of the notification conducts re-examination of the documents, if necessary.
footnote. Article 17 in the wording of the Law on 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication); with changes, Law dated 29.10.2015 № 376-V (introduced in action 01.01.2016).

Article 18. examination of the applicant on the location

1. examination of the applicant on the location is conducted to assess the applicant's competence, compliance information, provided in documents, the actual state.

2. A survey carried out by the auditor, expert in accreditation or group survey, formed by the accreditation body.

3. survey group must consist of at least two people, the team leader is appointed expert auditor Accreditation, conduct an examination of documents.

4. The group survey may be included to harmonize:

technical experts in the area of ​​traceability;

expert auditors on conformity, technical experts, Specialists of state bodies and other organizations on the declared field of accreditation.

5. inspection period should not exceed ten working days, commencing on the date of arrival of the inspection to the location of the applicant or its structural unit, located outside the seat of the applicant. The total period of the applicant's survey, having structural units, shall not exceed thirty working days.

6. According to the results of its work, the team is on the survey report, which should include an assessment of the applicant's compliance with the accreditation criteria.

7. Report is the team leader, taking into account all the comments of its members in two copies and signed by all members of the group. One copy of the report is given to the applicant.

8. In case of disagreement with the report of the group to survey the applicant may submit to the the accreditation body their comments in writing within three working days by mail or by facsimile and shall be deemed received, respectively, from the date of the mark of the accreditation body in the notification of the receipt of postal or fax the day of departure.

9. Based on the report on the survey group and taking into account the applicant's remarks (if available) the accreditation body in a period not exceeding five working days, take one of the following decisions:

1) on the review of the collected materials Accreditation;

2) to eliminate the inconsistencies identified by the applicant.
Notification of the decision to the applicant in writing within three working days from the date of the decision by mail or by facsimile and shall be deemed received, respectively, from the date of the applicant's mark in the notice of receipt of postal item or on the day of departure fax.

10. The applicant within twenty working days of receipt of notification, specified in subparagraph 2) of the first paragraph 9 this article, It eliminates the inconsistencies identified in the survey and notify the accreditation body to eliminate them in writing by mail to the submission of supporting documents to eliminate inconsistencies, then the accreditation body conducts its re-examination, if necessary. The term re-examination of the applicant or its subsidiaries shall not exceed five working days, commencing on the date of arrival of the inspection to the place of the applicant.

11. Timeline for Compliance extended accreditation body upon a written request of the applicant, in which he shall indicate the reasons, but not more than two months.
footnote. Article 18 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication); from 29.10.2015 № 376-V (introduced in action 01.01.2016).

Article 19. Making a decision on accreditation or
refusal of accreditation

1. The decision on accreditation or refusal of accreditation shall be taken by the accreditation body within thirty working days, counted from the receipt of the collected materials on commission Review materials accreditation.
In case of commission on accreditation materials inconsistencies accreditation criteria the applicant submits term, necessary to eliminate inconsistencies, but not more than two months. In this case, the term, referred to in part one of this clause, suspended.

2. In the case of a positive decision is postakkreditatsionny contract and within seven working days of approving the document, defining the scope of accreditation, issued a certificate of accreditation and one set of documents.

3. If a negative decision to the applicant the written reasoned refusal within five working days from the date of adoption of the decision by mail or by fax, which is deemed to be received according to the applicant's mark the date in the notice of receipt of postal item or on the day of departure fax.
A set of documents sent to the applicant by post or handed to his representative intentionally by hand.
footnote. Article 19 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 20. Postakkreditatsionny contract

1. Postakkreditatsionny agreement concluded between the accreditation body and subject to accreditation.

2. The material terms of the contract are postakkreditatsionnogo:

1) subject of a contract;

2) rights and obligations of the parties;

3) cost of work;

4) the order and dates of the inspections, renewal of accreditation certificate, updating the accreditation materials;

5) the procedure of comparative testing and (or) Comparisons of results of verification and calibration of measuring instruments;

6) responsibility of the parties.

3. Typical postakkreditatsionny contract allegedly authorized body.

4. Postakkreditatsionny contract shall be terminated in the following cases:

1) liquidation of the legal entity;

2) the expiry of the accreditation certificate;

3) deprivation of accreditation certificate;

4) cancellation of the certificate of accreditation;

5) expelled Law of RK 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication);

6) failure to eliminate inconsistencies, served as the basis for the revocation certificate accreditation;

7) termination of the contract in accordance with the civil laws Republic of Kazakhstan.

5. The date of termination of the contract on the grounds postakkreditatsionnogo, set out in subparagraph 6) points 4 this article, It is the day, following the date of expiry of removing inconsistencies.
footnote. Article 20 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 21. Accreditation certificate

1. Certificate of accreditation, issued by the accreditation body, valid on the entire territory of the Republic of Kazakhstan and have a five-year period of the action.

2. Validity of the certificate of accreditation shall be calculated from the date the decision on accreditation, and includes a period of time, during which the accreditation certificate has been revoked.
2-1. The accreditation body, if necessary, at the completion of re-accreditation may extend the validity of the previously issued certificate of accreditation to the date of the decision on the accreditation of no more than three months in the case of compliance with a subject term of accreditation, established clause 2 articles 13 this Act.

3. Mandatory appendix to the accreditation certificate is a document, approved by the accreditation body and setting the scope of accreditation.

4. The accreditation certificate is subject to registration in the register of accreditation.

5. The accreditation certificate indicated:

1) name, form of incorporation, the location of the subject of accreditation;

2) normative document, compliance which is accredited by the accreditation entity;

3) registration number of the certificate of accreditation;

4) date of registration certificate of accreditation in the register of accreditation;

5) the validity of the certificate of accreditation;

6) excluded Law of RK 29.12.2014 № 269-V (be put into effect with 01.01.2015).

6. Forms of accreditation certificate are documents of strict accountability, are protected and the number of.

7. Accreditation certificate is issued in a single copy, transfer certificate of accreditation to other legal entities banned.

8. lost, spoiled certificates of accreditation, Annex to the accreditation certificate shall be considered invalid from the date of the subject of accreditation submission of a written application (with the documents, confirming the fact of loss, damage accreditation certificate, Annex to the accreditation certificate) Accreditation Body.

The accreditation body within five working days from the date of submission of the application makes a duplicate certificate of accreditation, Annex to the accreditation certificate.
footnote. Article 21 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication); from 29.12.2014 № 269-V (be put into effect with 01.01.2015).

Article 22. Re-issuance of a certificate of accreditation

1. The grounds for renewal of accreditation certificate are:

1) reorganization of the subject of accreditation;

2) change the location of the subject of accreditation;

3) change of the name of the subject of accreditation;

4) a statement of the subject of accreditation of expanding or reducing the scope of accreditation.

2. The subject of accreditation within ten calendar days, calculated from the moment of occurrence of one of the bases reissue certificate accreditation, contemplated in subparagraphs 1) – 3) points 1 this article, and in case of reduction of the scope of accreditation, submit to the accreditation body the application for renewal of accreditation certificate indicating the new information and documents, provided for in subparagraphs 3) and 4) points 1 articles 15 this Act.

3. When extending the scope of accreditation subject of accreditation together with the application provides the accreditation body information on the relevant professionals, equipment, premises in the expandable area.

4. At renewal of the certificate of accreditation by the accreditation survey is conducted at the location of the subject of accreditation in order, stipulated Article 18 this Act, in cases:

1) changing the location of the test, poverochnoй, calibration laboratory (center);

2) expand the scope of accreditation.

5. Documents for renewal of accreditation certificate examined by an accreditation body within fifteen working days, calculated from the date of their receipt.

On time, provided by this paragraph, does not turn on the duration of the survey based on the location of the subject and eliminate inconsistencies accreditation criteria, if they have been identified by the accreditation body.

6. If approved, the accreditation body within seven working days, renews the accreditation certificate and document pereutverzhdaet, defining the scope of accreditation.

7. The decision to refuse the renewal of the certificate of accreditation shall be taken in identifying in the documents and particulars of false information, fails to eliminate the subject Accreditation identified during the survey of inconsistencies within the prescribed period, as well as the detection of inconsistencies during re-examination, identified at baseline.
Notification of the decision is sent to the subject of accreditation in writing within three working days from the date of the decision by mail or by facsimile and shall be deemed received, respectively, from the date of the applicant's mark in the notice of receipt of postal item or on the day of departure fax.

8. Validity of certificate of accreditation renewal is not interrupted.
footnote. Article 22 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 23. Actualization of accreditation materials

1. Actualization materials accreditation performed in the absence of bases, the clause 1 articles 22 this Act, in cases:

1) changes and (or) Additions to the regulatory document, specified in documents subject accreditation, and (or) the introduction of the new instrument;

2) changes in the composition of experts, carrying out works on conformity assessment;

3) replacement of measuring and test equipment.

2. When updating the entity shall submit to the accreditation by the accreditation body an application stating the reasons for updating and two copies of the documents, in which changes were made.

3. The accreditation body will review the documents in a period not exceeding ten working days from the date of their receipt.
In the case of a positive decision, and there are no grounds for reissuing a passport Accreditation Accreditation Body takes note of the modifications, if necessary pereutverzhdaet document, defining the scope of accreditation, as written notice of the subject Accreditation by mail or by fax, and it is deemed to be received according to the applicant's mark the date in the notice of receipt of postal item or on the day of departure fax.
4. The decision to refuse accreditation to the actualization of materials taken by the accreditation body in the detection of the documents and information and false information (or) information, concerning the expansion of the scope of accreditation.
Notification of the decision is sent to the subject of accreditation in writing within three working days from the date of the decision by mail or by facsimile and shall be deemed received, respectively, from the date of the applicant's mark in the notice of receipt of postal item or on the day of departure fax.
footnote. Article 23 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 24. The register of accreditation

1. The accreditation body It generates and maintains a registry of subjects accreditation.

2. The Register of Accreditation should contain the following:

1) intelligence, specified in point 5 articles 21 this Act;

2) objects of conformity assessment, included in the scope of accreditation;

3) name, name, patronymic (if available) head of the subject of accreditation;

4) the date and the basis of renewal of accreditation certificate;

5) the date, updating the base material and the accreditation of updated information on the accreditation materials;

6) the date and results of inspections;

7) the date and grounds for revocation and return by the accreditation certificate of accreditation;

8) the date and the basis of termination of accreditation certificate;

9) the date of cancellation of the certificate of accreditation;

10) the date and the basis of deprivation of accreditation certificate;

11) mark for a duplicate certificate of accreditation.

3. Information, referred to in paragraph 2 this article, entered in the register of accreditation within seven working days from the moment of foundation.

4. Information, contained in the register subjects accreditation, It is open to get acquainted with her natural and legal persons.

Article 25. Inspection of the subjects of accreditation

1. The inspection is carried out on the basis of postakkreditatsionnogo contract. The first inspection shall be conducted not later than twelve months after the initial accreditation date. Follow-up inspections are conducted at intervals of not more than once in two years, but not later than twenty-four months from the date of the previous inspection.

In the event of a handling natural or legal person or public body messages of approval subject to the accreditation criteria for the accreditation violations accreditation body may conduct an extraordinary inspection of.

2. The duration of the inspection of the subject of accreditation or a structural unit, located outside the seat of the subject of accreditation, must not exceed five working days. The duration of the extraordinary inspection shall not exceed three working days.
The total duration of the inspection of the subject of accreditation, having structural units, shall not exceed twenty working days.

3. The accreditation body during the inspection shall have the right to request the necessary explanations of the subject of accreditation, documents and information.

4. The results of the inspection report drawn up in two copies, which shall:

1) date, time and place of the report;

2) date and number of decision of the head of the accreditation body, on the basis of which the inspection visit carried out;

3) surname, names, patronymic (if available) Experts-auditors on accreditation, conducted an inspection;

4) name of the subject of accreditation, surname, name, patronymic (if available), the position of the representative of the subject of accreditation, be present during the inspection;

5) date, time and place of inspection;

6) Information about the scan results, including deficiencies identified and their character;

7) indicate the corrective actions and the timing of their removal;

8) information on the training or refusal to familiarize with the report of the representative of the subject of accreditation, their signatures or information on the refusal to sign.

One copy of the report given to the representative of the subject of accreditation.

The accreditation body examines the report within ten days from the time of its arrival in the absence of bases for accreditation certificate revocation either direction in the collected materials authorized body OK, stipulated clause 2 articles 26 this Act, It takes note of the information or the decision to eliminate the subject of accreditation criteria identified non-accreditation.
footnote. Article 25 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication).

Article 26. recall, termination, suspension,
deprivation of accreditation certificate

footnote. article Title 26 in the wording of the Law on 16.05.2014 № 203-V (enter into force six months after its first official publication).

1. The accreditation certificate is revoked by the accreditation body in the following cases:
1) a written statement of the subject of accreditation;
2) identify inconsistencies accreditation criteria, affect the accuracy of the results of conformity assessment;
3) failure to eliminate the revealed discrepancies in the criteria for accreditation set by the accreditation deadline;
3-1) confirmed by the results of the extraordinary inspection of the facts, these outstanding natural or legal person or public body report, of approval subject to the accreditation criteria for the accreditation violations;
4) failure to eliminate the revealed negative results of comparative tests and (or) Comparisons of the results of the verification, calibration of measuring instruments;
5) the results of monitoring of activity of subjects of accreditation when it detects violations of accreditation criteria and conditions of the contract postakkreditatsionnogo;
6) failure or submission of false data in order, by the authorized body, within ten calendar days from the date of issuance of the assessment document (confirmation) compliance information on electronic registration of the results of the evaluation (confirmation) correspondence, is carried out in accordance with laws The Republic of Kazakhstan in the field of technical regulation.
Accreditation certificate may be revoked in terms of activity of the structural subdivisions of the subject of accreditation.
Upon the occurrence of cases, in subparagraphs 1), 2), 3), 3-1) and 4) the first part of this paragraph,, not related to the entire field of accreditation certificate, accreditation body takes a decision on the invalidation of the accreditation scope of the subject of accreditation.
2. When, if nonconformity accreditation criteria, there are signs of an administrative offense composition, accreditation body within three working days, calculated from the date of detection of such discrepancies, directs to the authorized body the materials collected for appropriate action.
3. A copy of the decision to revoke the certificate of accreditation is sent to the subject of accreditation by registered letter with acknowledgment within three working days from the date of the decision and deemed to be received from the date of the applicant's mark in the notification e-mail communications or other organization.
3-1. The certificate of accreditation is considered to have been withdrawn from the date of receipt of the subject of accreditation copy of the decision to revoke the certificate of accreditation and renewed from the date of acceptance by the accreditation decision on the renewal of accreditation certificate, but not earlier than two months from the date of the decision to revoke the certificate of accreditation.
4. The subject of accreditation from the date of receipt of the decision to revoke the certificate of accreditation is obliged to take measures to address identified gaps.
After the elimination of inconsistencies, served as the basis for the revocation certificate accreditation, Accreditation is subject to written information about their elimination in the accreditation body for a decision on the renewal of accreditation certificate or part of the scope of accreditation.
If necessary, confirm the information to eliminate detected nonconformities accreditation body conducts an inspection in order, stipulated Article 25 this Act.
The decision to renew or refuse to renew a certificate of accreditation or accreditation of the area taken by the accreditation body within ten working days, calculated from the date of submission of the subject of accreditation information on corrective actions, and in cases of inspection – from the date of its completion.
If within the specified period the accreditation body notifies the subject of accreditation of its decision, then after the deadline, but not earlier than two months from the date of the decision to revoke the certificate of accreditation is renewed.
5. Action accreditation certificate is terminated on the following grounds:
1) a written statement of the subject of accreditation;
2) postakkreditatsionogo termination of contract.
6. Deprivation of accreditation certificate by the court in order, established by the laws of the Republic of Kazakhstan, on the application of the accreditation body in case of providing false information to the applicant in obtaining the certificate of accreditation.
7. suspension, deprivation of accreditation certificate shall be as, stipulated lawsThe Republic of Kazakhstan on Administrative Offenses.
footnote. Article 26 with changes, Law dated 10.07.2012 № 31-V(enter into force after ten calendar days after its first official publication); from 16.05.2014 № 203-V (enter into force six months after its first official publication); from 29.12.2014 № 269-V (be put into effect with 01.01.2015); from 29.10.2015 № 376-V (introduced in action 01.01.2016).

Article 27. Settlement of disputes

1. The applicants and the subjects of accreditation shall be entitled to appeal against the negative decision of the accreditation body for accreditation materials to the commission on appeal.

2. the appeal commission is created by the head of Accreditation.

The commission on appeal formed by delegation of three representatives from accredited under the authorized associations of legal entities in the form of associations (unions), three representatives from the competent authority and a representative from the accreditation body.

3. The chairman and secretary of the appeal committee shall be elected by a majority vote of its members.

Chairman of the appeals committee approves regulations on, directs its activities, Commission holds meeting, It plans its work.

4. the appeal commission within ten working days from the date of receipt of the complaint is the conclusion about the validity of the decision to the head Accreditation Body.

5. On the outcome of the conclusion of the appeal commission head of the accreditation body shall inform the applicant or the subject of accreditation, the complainant, within three working days of the conclusion of.

6. The applicants and the subjects of accreditation in the event of disputes concerning the accreditation may apply to the court in order, established laws Republic of Kazakhstan.

Article 28. Recognition of the results of accreditation,
conducted foreign bodies
accreditation

1. Recognition of the Republic of Kazakhstan of the results of accreditation, conducted by foreign accreditation bodies, It is based on the recognition of the equivalence of accreditation systems, procedures and requirements, used in accreditation.

2. Mutual recognition of accreditation is carried out through bilateral and multilateral agreements.

3. The certificate of accreditation or equivalent documents, issued by foreign accreditation bodies, recognized in the Republic of Kazakhstan in accordance with the agreements concluded with international (regional) nongovernmental, non-governmental organizations for accreditation.

Article 29. Responsibility for violation of the law
The Republic of Kazakhstan on accreditation
in the field of conformity assessment

Violation of legislation of the Republic of Kazakhstan on accreditation of conformity assessment entails responsibility, established laws Republic of Kazakhstan.

Article 30. State control over observance
The Republic of Kazakhstan legislation on
Accreditation of conformity assessment

1. State control over observance accreditation body the legislation of the Republic of Kazakhstan on accreditation of conformity assessment is carried out in the form of checks.
Testing is carried out in accordance with entrepreneurial Code Republic of Kazakhstan.

2. State control over the observance of the subjects of accreditation of legislation of the Republic of Kazakhstan on accreditation of conformity assessment carried out in accordance with entrepreneurial Code Republic of Kazakhstan.

3. The audit of the accreditation body authorized body may apply to the Government of the Republic of Kazakhstan with the notion of deprivation of the status Accreditation Body.
footnote. Article 30 with changes, Law dated 17.07.2009 N 188-IV (introduction order in action see.Article 2); from 06.01.2011 № 378-IV (enter into force after ten calendar days after its first official publication); from 29.10.2015 № 376-V (introduced in action 01.01.2016).

Article 31. Final and transitional provisions

1. This Act shall come into force after ten calendar days after its first official publication, with the exception of points 2 articles 10, which is effective from 1 July 2009 of the year.

2. Certificate of accreditation, issued prior to the introduction of this Act, considered valid

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