On technical regulation (LRU-213-son)
23.04.2009
Act has lost its force 29.08.2023
the law of the republic of uzbekistan
Adopted by the Legislative Chamber on November 11, 2008 Approved by the Senate on March 27, 2009
Chapter 1. General provisions
Article 1. Purpose of the present Law
The purpose of the present Law shall be to regulate relations in the field of establishment, application, and execution of mandatory requirements for the safety of products, works, and services.
Article 2. Legislation on technical regulation
The legislation on technical regulation shall consist of this Law and other legislative acts.
Should an international treaty to which the Republic of Uzbekistan is a party, establish the rules other than those provided for by the legislation of the Republic of Uzbekistan on technical regulation, the rules of the international treaty shall apply.
Article 3. Basic concepts
The following basic concepts shall be applied in the present Law:
Technical regulation — Establishment, application, and enforcement of mandatory requirements for the safety of products, works, and services;
Safety of products, works, and services — condition of products; processes of their design, production, operation (use), installation, adjustment, storage, transportation, sale and disposal; works performed; and services provided, in which no unacceptable risk associated with the probability of harm to human life, health, the environment, the property of legal, physical persons and the state is present;
Normative documents in the field of technical regulation — technical regulations, normative documents on standardization, sanitary, veterinary, veterinary-sanitary, and phytosanitary rules and regulations, urban planning, environmental standards and rules, and other documents in the field of technical regulation;
Technical Regulation — normative document in the field of technical regulation, establishing mandatory requirements for the safety of products and services;
General Technical Regulation — normative document in the field of technical regulation, establishing mandatory safety requirements for a group of homogeneous products and services;
Special Technical Regulation — normative document in the field of technical regulation, establishing mandatory safety requirements for a particular type of products and services not provided for in General Technical Regulation;
Technical barriers to trade — obstacles to trade arising from differences or changes in mandatory safety requirements for products and services contained in normative documents in the field of technical regulation.
Article 4. Main objectives of technical regulation
The main objectives of technical regulation shall be as follows:
Ensure the safety of human life and health, property of legal entities, individuals, and the state;
Ensure environmental protection, as well as the rational use of natural resources;
Eliminate technical barriers to trade;
Prevent actions misleading consumers with regard to the safety of products, works, and services.
Article 5. Main principles of technical regulation
The main principles of technical regulation shall be as follows:
Mandatory nature of applying the Technical Regulations;
Uniformity of application of Technical Regulations;
Compliance of Technical Regulations with national and international normative documents in the field of technical regulation;
Accessibility of Technical Regulations, information on the procedure of their development, adoption, and publication.
Article 6. The State system of technical regulation
The State system of technical regulation shall consist of the following:
The Cabinet of Ministers of the Republic of Uzbekistan;
Authorized state bodies in the field of technical regulation - the Standardization, Metrology, and Certification Agency of Uzbekistan, the Ministry of Health of the Republic of Uzbekistan, the Ministry of Construction of the Republic of Uzbekistan, the State Committee of the Republic of Uzbekistan on Ecology and Environmental Protection;
State administration and economic management bodies, carrying out activities within their competence in the field of technical regulation.
Chapter 2. Powers of state and other bodies and organizations in the field of technical regulation
Article 7. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of technical regulation
The Cabinet of Ministers of the Republic of Uzbekistan shall:
Determine the main directions of activities of the bodies included in the state system of technical regulation;
Ensure the operation of the bodies included in the state system of technical regulation
Approve programs for the development of Technical Regulations;
Approve General Technical Regulations, introduce amendments and additions to them, as well as cancel these Regulations.
The Cabinet of Ministers of the Republic of Uzbekistan may also exercise other powers in accordance with the legislation.
Article 8. Powers of the Standardization, Metrology, and Certification Agency of Uzbekistan in the field of technical regulation
The Standardization, Metrology, and Certification Agency of Uzbekistan shall:
Submit to the Cabinet of Ministers of the Republic of Uzbekistan consolidated proposals on draft programs for the development of Technical Regulations, submitted by the authorized state bodies in the field of technical regulation and state administration and economic management bodies;
Coordinate and organize within the limits of its powers the activity of state administration and economic management bodies on the development of General and Special Technical Regulations;
Submit to the Cabinet of Ministers of the Republic of Uzbekistan proposals on approval of General Technical Regulations, on introduction of amendments and additions to them, as well as on cancellation of these Regulations;
Set up an expert commission in the field of technical regulation;
Conduct within the limits of its powers an examination of General and Special Technical Regulations, developed by the state administration and economic management bodies;
Approve within the limits of its powers the Special Technical Regulations, developed by economic management bodies, introduce amendments and additions to them, as well as cancel these Regulations;
Approve the list of normative documents in the field of technical regulation, defining methods of sampling, testing, and measuring products required to assess conformity of products and services to the requirements set in Technical Regulations;
Exercise within the limits of its powers a state control over compliance with General and Special Technical Regulations;
Generate the state fund of normative documents in the field of technical regulation;
Carry out within the limits of its powers an international cooperation in the field of technical regulation.
The Standardization, Metrology, and Certification Agency of Uzbekistan may also exercise other powers in accordance with the legislation.
Article 9. Powers of the Ministry of Health of the Republic of Uzbekistan; the Ministry of Construction of the Republic of Uzbekistan; and the State Committee of the Republic of Uzbekistan on Ecology and Environmental Protection in the field of technical regulation
The Ministry of Health of the Republic of Uzbekistan shall organize and ensure the implementation of works in the field of technical regulation concerning mandatory requirements for the safety of products, works, and services in terms of presence of the substances in them harmful to human life and health, pathogens, prevention of penetration or spread of disease vectors, production and use of medical devices, medical equipment, and medicines.
The Ministry of Construction of the Republic of Uzbekistan shall organize and ensure the implementation of works in the field of technical regulation relating to mandatory requirements for the safety of products, works, and services in urban development activities.
The State Committee of the Republic of Uzbekistan on Ecology and Environmental Protection shall organize and ensure the implementation of works in the field of technical regulation concerning mandatory requirements for safety of products, works, and services when using natural resources and protecting the environment from pollution and other harmful effects.
Authorized state bodies in the field of technical regulation, specified in parts 1-3 of this Article shall perform as follows within the limits of their powers:
Submit proposals to the Standardization, Metrology, and Certification Agency of Uzbekistan on draft programs for the development of Technical Regulations and on the approval of General Technical Regulations;
Develop General and Special Technical Regulations and conduct their expert examination;
Set up expert commissions in the field of technical regulation;
Conduct an examination of General and Special Technical Regulations, developed by the state administration and economic management bodies;
Prepare proposals on introduction of amendments and additions to General Technical Regulations, as well as on cancellation of these Regulations;
Approve Special Technical Regulations, introduce amendments and additions to them, as well as cancel these Regulations;
Exercise state control over compliance with General and Special Technical Regulations;
Generate the state fund of normative documents in the field of technical regulation;
Carry out international cooperation in the field of technical regulation.
The authorized state bodies in the area of technical regulation may also exercise other powers in accordance with the legislation.
Article 10. Powers of state administration and economic management bodies in the field technical regulation
State administration and economic management bodies shall perform as follows within the limits of their powers:
Submit proposals to the Standardization, Metrology, and Certification Agency of Uzbekistan on draft programs for the development of Technical Regulations;
Develop General and Special Technical Regulations;
Prepare proposals on introduction of amendments and additions to General and Special Technical Regulations, as well as on cancellation of these Regulations;
Set up expert councils in the field of technical regulation;
Participate in the generation of the state fund of normative documents in the field of technical regulation;
Exercise control over observance of General and Special Technical Regulations in line with the procedure established by the legislation.
State administration and economic management bodies may also exercise other powers in accordance with the legislation.
State administration bodies shall approve within the limits of their powers the Special Technical Regulations, introduce amendments and additions to them, as well as cancel these Regulations.
Article 101. Legal examination of normative documents in the field of technical regulation
Normative documents in the field of technical regulation of state administration bodies shall be subject to mandatory legal examination in the Ministry of Justice of the Republic of Uzbekistan and registration after obtaining a positive conclusion, except for General Technical Regulations.
Inclusion of legal norms in normative documents in the field of technical regulation, except for General Technical Regulations shall not be allowed.
Article 11. Expert commissions in the field of technical regulation
Expert commissions in the field of technical regulation shall be established under the authorized state bodies in the field of technical regulation for expert examination of developed General and Special Technical Regulations, amendments and additions to Technical Regulations, as well as for preparation of proposals on cancellation of these Regulations and conclusions on them.
Activity of expert commissions in the field of technical regulation shall be carried out in line with the procedure, established by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 12. Expert councils in the field of technical regulation
Expert councils in the field of technical regulation shall be established under the state administration and economic management bodies for the development of General and Special Technical Regulations, amendments and additions to Technical Regulations, as well as proposals on cancellation of these Regulations.
Activity of expert councils in the field of technical regulation shall be carried out in line with the procedure, established by the Standardization, Metrology, and Certification Agency of Uzbekistan.
Article 13. The state fund of normative documents in the field of technical regulation
The state fund of normative documents in the field of technical regulation shall be generated by the Standardization, Metrology, and Certification Agency of Uzbekistan and other authorized state bodies in the field of technical regulation within the limits of their powers.
The state fund of normative documents in the field of technical regulation shall include data on General and Special Technical Regulations.
Authorized state bodies in the field of technical regulation, state administration bodies shall submit in the established order to the state fund of normative documents in the field of technical regulation the Special Technical Regulations approved by them.
The procedure of generation and maintenance of the state fund of normative documents in the field of technical regulation shall be set by the Cabinet of Ministers of the Republic of Uzbekistan.
Article 14. Information on Technical Regulations
Information on existing, developed, and adopted Technical Regulations shall be available to legal entities and individuals. Information constituting state secrets and other secrets protected by law shall not be subject to dissemination.
The Standardization, Metrology, and Certification Agency of Uzbekistan shall provide the following information at the request of legal entities and individuals:
On existing, developed, and adopted Technical Regulations;
On the procedure of conformity assessment of products and services to the requirements of normative documents in the field of technical regulation;
On membership of the Republic of Uzbekistan in international organizations and participation in international treaties in the field of technical regulation;
On official sources of publication of developed and adopted Technical Regulations and other normative documents in the field of technical regulation.
Chapter 3. Technical Regulations
Article 15. Types of Technical Regulations
The following types of Technical Regulations shall be applied in the Republic of Uzbekistan:
General Technical Regulations;
Special Technical Regulations.
Article 16. Requirements in the Technical Regulations for ensuring safety of products and services
Requirements for ensuring safety of products and services in Technical Regulations may be established on the following:
Biological safety;
Mechanical safety;
Chemical safety;
Nuclear and radiation safety;
Fire safety;
Electrical safety;
Safety of operation (use) and disposal of machinery and equipment;
Electromagnetic compatibility;
Safety of construction activities;
Safety of operation of buildings, structures and use of adjacent territory;
Environmental safety;
Veterinary safety;
Industrial and occupational safety;
Explosion safety;
Information security;
Ensuring the uniformity of measurements and testing methods.
Technical Regulations may also establish other requirements for ensuring the safety of products and services.
Article 17. Content of Technical Regulations
The Technical Regulations shall contain the following:
Characteristics of safety of products and services;
Full list of products and services in respect of which safety requirements are being established;
Requirements to terminology, packaging, marking, or labels, and rules of their application and identification of products;
Procedure for exercising state control;
Rules necessary to assess the conformity of products and services to the requirements of normative documents in the field of technical regulation.
Technical Regulations shall also contain sanitary, veterinary, veterinary-sanitary, and phytosanitary measures, taking into account the degree of risk of causing harm to human life and health and the environment, and prevention of damage arising in connection with penetration or spread of harmful microorganisms and additives, diseases, vectors of diseases, contaminants, toxins, pests, and weed plants.
Sanitary, veterinary, veterinary-sanitary, and phytosanitary rules and norms shall establish the following:
Mandatory requirements for products, the procedure of testing, inspection, the procedure for issuing sanitary-epidemiological, veterinary, and phytosanitary conclusions;
Quarantine-related and veterinary-sanitary rules, including requirements related to the transportation of animals and plants;
Sampling methods and procedures, methods of research and risk assessment of causing harm to human life and health, the environment, as well as other requirements contained in the Technical Regulations.
Technical Regulations shall not contain requirements for product design and execution, except for cases, when due to absence of requirements for its design and execution taking into account the degree of risk of causing harm to human life and health, the product safety is not ensured.
Technical Regulations shall not contain requirements for products and services causing harm to human life and health, property of legal entities, individuals, and the state as a result of long-term use of such products and services and (or) due to the impact of other factors not allowing to determine the degree of acceptable risk. Hereby, the Technical Regulations may contain requirements, concerning informing consumers about possible harm and about factors, on which the risk of causing harm to human life and health and environment depends.
Technical Regulations may contain the following special requirements for the safety of products and services:
Those ensuring protection of life and health of certain categories of citizens defined by the legislation;
With regard to transboundary hazardous production facilities that in case of technogenic emergencies pose a threat to human life and health, the environment, and the property of legal entities, individuals, and the state.
Technical Regulations that contain information, constituting state secrets and other secrets protected by law shall be developed and adopted in line with the procedure, established by the legislation.
Technical Regulations shall be exhaustive, have direct effect on the entire territory of the Republic of Uzbekistan and shall be subject to possible amendments only by introducing amendments and additions in line with the established procedure.
Article 18. Designing the programs for the development of Technical Regulations
Designing the programs for the development of Technical Regulations shall be carried out by the Standardization, Metrology, and Certification Agency of Uzbekistan taking into account proposals of other authorized state bodies in the field of technical regulation and state administration and economic management bodies within the limits of their powers.
Programs for the development of Technical Regulations shall be subject to approval by the Cabinet of Ministers of the Republic of Uzbekistan and shall be published in line with the established procedure.
Article 19. Procedure for the development of Technical Regulations
Technical Regulations shall be developed in accordance with the approved programs for the development of Technical Regulations.
Developers of Technical Regulations shall perform the following in accordance with the established procedure:
Publish reports on the development of Technical Regulations;
Determine groups and types of products and services subject to technical regulation;
Determine methods of assessment of conformity of products and services to the requirements established in the Technical Regulations;
Consider the developed Technical Regulations;
Ensure accessibility of developed Technical Regulations.
Developers of Technical Regulations shall ensure discussion of developed Technical Regulations within two months from the date of their official publication.
Article 20. Procedure for the adoption of Technical Regulations
General Technical Regulations, developed by the state administration and economic management bodies shall be transferred to the authorized state bodies in the field of technical regulation by areas of their activities for expert examination.
The Standardization, Metrology, and Certification Agency of Uzbekistan - after receiving the conclusion of the relevant expert commission in the field of technical regulation - shall submit in the prescribed manner the General Technical Regulations to the Cabinet of Ministers of the Republic of Uzbekistan for approval.
Special Technical Regulations, developed by the state administration and economic management bodies shall be transferred to the authorized state bodies in the field of technical regulation by areas of their activities for expert examination.
Authorized state bodies in the field of technical regulation, state administration bodies by areas of their activity shall approve Special Technical Regulations on the basis of conclusion of relevant expert commission in the field of technical regulation.
Approved General and Special Technical Regulations shall enter into force not earlier than six months after the date of their official publication.
Publication of General and Special Technical Regulations shall be carried out in line with the procedure established by the legislation.
Article 21. Application of normative documents in the field of technical regulation for the development of Technical Regulations
The national and international normative documents in the field of technical regulation, establishing criteria of safety of products and services shall be used when developing Technical Regulations.
Texts of normative documents in the field of technical regulation shall be given in full or in part in the Technical Regulations as evidence.
Article 22. Compliance with Technical Regulations
Compliance with Technical Regulations shall be mandatory for all legal entities and individuals.
With the introduction of Technical Regulations, earlier normative documents on standardization for products and services specified therein shall lose their mandatory nature and acquire voluntary basis of application in line with the established procedure.
Article 23. State control over observance of Technical Regulations
State control over observance of Technical Regulations shall be carried out by officials of the authorized state bodies in the field of technical regulation and state administration bodies in line with the procedure established by the legislation.
Chapter 4. Final provisions
Article 24. Financing the works in the field of technical regulation
Financing the works in the field of technical regulation shall be carried out at the expense of the Central Budget and legal entities.
The following shall be financed at the expense of the Central Budget:
Development of General Technical Regulations;
Expert examination of General and Special Technical Regulations;
Maintenance of the state fund of normative documents in the field of technical regulation;
Implementation of the state control over observance of Technical Regulations;
Costs associated with membership of the Republic of Uzbekistan in international organizations on technical regulation.
Article 25. Dispute resolution
Disputes in the field of technical regulation shall be settled in accordance with the procedure established by the legislation.
Article 26. Responsibility for violation of the legislation on technical regulation
Persons guilty of violating the legislation on technical regulation shall be held liable in accordance with the established procedure.
Article 27. Bringing the legislation into compliance with the present Law
The Cabinet of Ministers of the Republic of Uzbekistan shall:
Bring Governmental decisions into compliance with the present Law;
Ensure reviewing and abolishing by the State administration bodies of their regulatory-legal acts contradicting with the present Law.
Article 28. Entry into force of the present Law
The present Law shall enter into force on the date of its official publication.
The President of the Republic of Uzbekistan Islam KARIMOV
Tashkent city,
April 23, 2009,
No. ZRU-213