On amendments and additions to the Law of the Republic of Uzbekistan “On metrology” (LRU-614-son)

07.04.2020

LAW OF THE REPUBLIC OF UZBEKISTAN

Adopted by the Legislative Chamber on November 12, 2019 Approved by the Senate on February 28, 2020

Article 1. To introduce into the Law of the Republic of Uzbekistan dated December 28, 1993 No. 1004-XII “On Metrology” (Bulletin of the Supreme Council of the Republic of Uzbekistan, 1994, No. 2, Article 48; Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 2000, No. 5-6, Article 153; 2003, No. 5, Article 67; Bulletin of the chambers of the Oliy Majlis of the Republic of Uzbekistan, 2013, No. 4, Article 98; 2014, No. 12, Article 343) amendments and additions, approving its new edition (attached).

Article 2. The Uzbek Agency for Standardization, Metrology and Certification, the Ministry of Justice of the Republic of Uzbekistan and other interested organizations shall ensure the execution, dissemination to the performers and clarification among the population of the essence and significance of this Law.

Article 3. The Cabinet of Ministers of the Republic of Uzbekistan:

to bring government decisions in accordance with this Law;

to ensure the review and annulment by government bodies of their normative legal acts that contradict this Law.

Article 4. This Law shall enter into force six months after the date of its official publication.

President of the Republic of Uzbekistan Sh. MIRZIYOYEV

Tashkent city,

April 7, 2020

No. LRU-614

LAW OF THE REPUBLIC OF UZBEKISTAN

On metrology

(new edition)

Chapter 1. General provisions

Article 1. Purpose of this Law

The purpose of this Law is to regulate relations in the field of metrological activity.

Article 2. Legislation on metrology

The legislation on metrology consists of this Law and other legislative acts.

If an international treaty of the Republic of Uzbekistan establishes rules other than those provided for by the legislation of the Republic of Uzbekistan on metrology, the rules of the international treaty shall be applied.

Article 3. Basic concepts

The following basic concepts shall apply in this Law:

metrological activity — activity related to ensuring the uniformity of measurements, methods and means of measurement, as well as ways to achieve the required accuracy;

metrological traceability — a property of the measurement result, according to which the result can be correlated with the etalon through a documented inextricable chain of calibrations;

metrological expertise — a set of organizational and legal work to assess and analyze the correctness and completeness of the application of metrological requirements related to ensuring the uniformity of measurements;

test means — a technical device, substance and (or) material with standardized technical characteristics intended for testing;

standard sample — a measuring instrument in the form of a sample of a substance (material) with the values of one or more quantities established as a result of metrological certification characterizing the composition or property of this substance (material);

etalon1 — a measuring instrument designed to reproduce and store a specific unit of magnitude in order to transfer its size to other measuring instruments;

1 Etalon in this case and hereinafter means standart (template, model, sample, forme, mold). The exact translation for the original Uzbek word is standart. But the translator uses the term “etalon” to avoid the confusion between "standart sample" and "etalon" (Translatorʼs notes).

measurement accuracy indicator — an established characteristic of the accuracy of the measurement result obtained in compliance with the norms and rules of the applied measurement procedure;

measurement methodology — a set of operations and rules that ensure that measurements are taken and their results are obtained with established accuracy indicators;

measuring instrument — a technical means used for measurements and having normalized metrological properties;

calibration of measuring instruments — a set of operations performed to establish the metrological characteristics of measuring instruments by determining under specified conditions the relationship between the value of a quantity obtained using a measuring instrument and the corresponding value of a quantity reproduced by the etalon;

verification of measuring instruments — a set of operations performed to determine and confirm the conformity of measuring instruments to established metrological requirements;

unity of measurements — the state of measurements in which their results are expressed in legal units and the accuracy indicators of measurements are within established boundaries with a given probability.

Article 4. The main tasks in the field of metrological activity

The main tasks in the field of metrological activity are:

ensuring the uniformity of measurements in the Republic of Uzbekistan;

prevention of false measurement results;

meeting the needs for objective, reliable and comparable measurement results;

ensuring metrological traceability of measurement results to national and (or) international etalons;

assistance to economic development and scientific and technological progress of the Republic of Uzbekistan.

Article 5. Basic principles in the field of metrological activity

Basic principles in the field of metrological activity are:

legality;

objectivity of the results of metrological control and supervision;

scientific validity;

the priority of using units of measurement of the international system of units;

unity of management system;

openness and accessibility of information;

harmonization of national and international requirements for ensuring the uniformity of measurements.

Chapter 2. Regulation in the field of metrological activity

Article 6. The main directions of state policy in the field of metrological activity

The main directions of state policy in the field of metrological activity are:

development of metrological activities based on international requirements;

creation of favorable conditions for attracting investments;

development of scientific research and their integration with industrial practice;

training, retraining and advanced training of personnel in the field of metrological activity;

stimulation of the introduction of advanced innovative and information and communication technologies;

implementation of measures to protect against negative consequences of unreliable measurement results;

ensuring the functioning and development of the system for ensuring the uniformity of measurements in the Republic of Uzbekistan, its harmonization with the international system of units and systems of units of quantities of other countries;

development of international cooperation.

Article 7. Powers of the Cabinet of Ministers of the Republic of Uzbekistan in the field of metrological activity

The Cabinet of Ministers of the Republic of Uzbekistan shall:

ensure the implementation of a unified state policy in the field of metrology;

approve state programs in the field of metrological activity and ensure their implementation;

adopt normative legal acts in the field of metrological activity within the limits of its authority;

Coordinates the activity of republican executive hokimiyat bodies and economic management bodies in the field of metrological activity;

establishes the names and designations of units, the rules for their writing and application, the procedure for metrological control and supervision, the procedure for recognition in the Republic of Uzbekistan of test results and metrological certification, verification, calibration of measuring instruments carried out outside the Republic of Uzbekistan taking into account international treaties of the Republic of Uzbekistan;

approves the list of categories of measuring instruments for which the measurement results are of state importance.

Article 8. Metrological service of the Republic of Uzbekistan

The state administration in the field of metrological activity is carried out by the national metrology body - the Uzbek Agency for Standardization, Metrology and Certification (hereinafter — the specially authorized state body).

The Metrology Service of the Republic of Uzbekistan consists of the State Metrology Service, the metrology services of the republican executive hokimiyat bodies and economic management bodies, as well as the metrology services of legal entities that are not republican executive hokimiyat bodies or economic management bodies.

The state metrological service consists of the specially authorized state body and its units in the Republic of Karakalpakstan, regions and the city of Tashkent, as well as the Uzbek National Institute of Metrology.

The metrology services of the republican executive hokimiyat bodies and economic management bodies shall consist of specially established and accredited subdivisions under the republican executive hokimiyat bodies and economic management bodies.

The metrology services of legal entities shall consist of specially established and accredited legal entities and (or) subdivisions under them that are not republican executive hokimiyat bodies or economic management bodies (hereinafter referred to as metrology services of legal entities).

The metrology services of the republican executive hokimiyat bodies and economic management bodies, and the metrology services of legal entities shall be established to carry out work on ensuring the uniformity of measurements and to perform metrological inspection, when necessary.

The rights and obligations of the metrology services of the republican executive hokimiyat bodies and economic management bodies, and the metrology services of legal entities shall be established in regulations agreed upon with the bodies of the State Metrology Service.

Article 9. Powers of the specially authorized state body in the field of metrological activity

The specially authorized state body shall:

implement a unified state policy in the field of metrological activity;

coordinate in the country the activities of interregional and intersectoral organizations in the field of metrological activity;

establish rules for the creation, approval, storage and maintenance of national etalons, and also ensures their comparison at the international level;

determine the general metrological requirements for the methods, means and results of measurements;

carries out state metrological control, and also coordinates actions in the field of metrological activity;

maintain the State Register of measuring instruments that have passed state tests and type approval or metrological certification;

Adopts regulatory legal acts and normative documents within its powers, including in cooperation with other republican executive hokimiyat bodies;

organize the training and retraining of scientific personnel and technical engineers;

monitor compliance with international treaties of the Republic of Uzbekistan;

involves specialists from the republican executive hokimiyat bodies and economic management bodies, and organizations to fulfill the tasks assigned for ensuring the uniformity of measurements;

participate in the activities of international organizations within the limits of its authority;

ensure the functioning and development of the system for ensuring the uniformity of measurements of the Republic of Uzbekistan and its harmonization with the international system of units and unit systems of quantities of other countries;

take measures to protect the rights of consumers, the health and safety of citizens, the environment and the interests of the state from the negative consequences of incorrect measurement results;

involves specialists from the republican executive hokimiyat bodies and economic management bodies, and organizations to fulfill the tasks assigned for ensuring the uniformity of measurements.

Article 10. Powers of departments of the specially authorized state body in the Republic of Karakalpakstan, regions and the city of Tashkent

Departments of the specially authorized state body in the Republic of Karakalpakstan, regions and the city of Tashkent shall:

develop draft regulatory documents to ensure the uniformity of measurements;

participate in interlaboratory comparisons at the national level.

Article 11. Powers of the Uzbek National Institute of Metrology

Uzbek National Institute of Metrology shall:

improve and ensure the development of the national etalon base of the Republic of Uzbekistan;

carry out work on maintenance and comparison at the international level of etalons and measuring instruments of the highest accuracy, as well as the storage and transfer of units;

develop draft regulatory documents to ensure the uniformity of measurements;

participate in the implementation of international treaties on the mutual recognition of the results of metrological control;

carry out metrological control and scientific research in the field of metrological activity.

Article 12. Powers of the metrology services of the republican executive hokimiyat bodies and economic management bodies, and the metrology services of legal entities

The metrology services of the republican executive hokimiyat bodies and economic management bodies:

perform the verification and calibration of measuring instruments while accredited;

develop draft normative documents aimed at ensuring the uniformity of measurements.

The metrology services of legal entities:

perform the calibration of measuring instruments and, in cases stipulated by Article 25 of this Law, the verification of measuring instruments while accredited;

develop draft normative documents aimed at ensuring the uniformity of measurements.

Chapter 3. Organization of metrological activity

Article 13. Normative documents on ensuring the uniformity of measurements

The approval and state registration of regulatory documents to ensure the uniformity of measurements, establishing metrological norms and rules and having binding force on the territory of the Republic of Uzbekistan, is carried out by the specially authorized state body.

The Republic of Uzbekistan applies regulatory documents to ensure the uniformity of measurements of the following types:

verification methodology of measuring instruments;

calibration methodology of measuring instruments;

measurement methodology;

certification methodology of test equipment.

Regulatory documents to ensure the uniformity of measurements also include standardization documents that establish the procedure for conducting metrological control.

Methods of verification and calibration of measuring instruments, certification methods of testing instruments are subject to metrological examination.

The measurement procedure is subject to metrological certification.

Article 14. Units of quantities

In the Republic of Uzbekistan in accordance with the established procedure, units of quantities of the international system of units are allowed to be used. Names of units, designations, rules for their writing and application are approved by the Cabinet of Ministers of the Republic of Uzbekistan on the proposal of the specially authorized state body.

The Cabinet of Ministers of the Republic of Uzbekistan may allow the use of units not included in the international system of units.

In carrying out foreign trade activities in accordance with the terms of the contract, other units of quantities may be used.

Article 15. Etalons of units of quantities

Units are stored and reproduced by means of etalons.

The units of quantities reproduced by the etalons should provide metrological traceability to units of the international system of units.

By the decision of the specially authorized state body, the national etalon is recognized as the initial etalon for establishing the size of a certain unit of value in the territory of the Republic of Uzbekistan.

National etalons are not subject to privatization.

The procedure for the creation, approval, storage and application of etalons is established by the specially authorized state body.

Article 16. Measuring instruments and testing instruments

Measuring instruments and test instruments in operation must provide the measurement results in legal units with a specified accuracy and comply with the conditions of use.

The design of measuring instruments should limit access to the functional parts of measuring instruments (including software) in order to prevent unauthorized settings and interventions that may lead to distortion of measurement results.

The criteria for classifying technical means, devices, substances and (or) materials as measuring instruments and (or) testing means are as follows:

possession of normalized metrological properties and technical characteristics, the values of which are assumed unchanged for a certain time;

the ability to ensure measurement results in legal units with specified accuracy, as well as the reliability of test results;

functioning on mechanical, electrical, optical, physico-chemical and electronic principles.

Technical means are not measuring instruments and (or) testing means in case of:

possession of an indicator function;

use solely for preliminary assessment, the results of which are not a measurement and (or) test;

performing exclusively the function of transmitting information about the results of measurements and (or) tests.

Article 17. Measurement procedures

Measurement procedures should include an assessment of the accuracy of the measurement results and provide the specified accuracy in real conditions of measurement. Measurements must be carried out in accordance with the procedures certified for the performance of measurements.

Metrological certification of measurement procedures is carried out by conducting studies to assess and confirm the conformity of the measurement procedure with the metrological requirements.

The procedure for the development and metrological certification of measurement procedures is established by the specially authorized state body.

Chapter 4. Metrological Inspection and State Metrological Control

Article 18. Carrying out metrological inspection and State metrological control

Metrological inspection shall be carried out by the Uzbek National Metrology Institute, the metrology services of the republican executive hokimiyat bodies and economic management bodies, and the metrology services of legal entities, within the scope of the powers established by this Law.

State metrological control shall be carried out by the special authorized state body in the manner prescribed by the Cabinet of Ministers of the Republic of Uzbekistan, for the purpose of verifying compliance with the requirements of the legislation on metrology.

Article 19. Objects of metrological inspection and State metrological control

The following are the objects of metrological inspection and State metrological control:

etalons;

measuring instruments;

test tools;

standard samples;

information measuring systems;

measurement methodology;

the number of packaged goods in packages during their packaging and sale;

other objects stipulated by the norms and rules of metrology.

Article 20. Fields to which metrological inspection and State metrological control are applied

Metrological inspection and State metrological control shall be applied to measurements performed in the following fields:

healthcare, veterinary medicine, environmental protection;

accounting for material assets and fuel and energy resources;

tax, customs, commercial, postal and telecommunications;

storage, transportation and destruction of toxic, flammable, explosive and radioactive substances;

production, sale of catering products and the provision of services in this area;

protecting the population and territories from natural and man-made emergencies, ensuring fire safety, and the safety of people at water bodies;

ensuring industrial safety;

state defense;

ensuring labor safety and traffic safety;

determination of safety and quality of certified products;

implementation of geodetic, cartographic and hydrometeorological works;

conducting state tests, verification, calibration, repair and metrological certification of measuring instruments;

mining operations;

conducting official sports competitions;

implementation of work on conformity assessment of products and services.

Metrological inspection and State metrological control may also be applied to other fields of activity in accordance with legislation.

Article 21. Metrological inspection

Metrological inspection shall be carried out for the purpose of determining and (or) confirming the metrological and technical characteristics of the objects of metrological inspection and State metrological control.

Metrological inspection shall be carried out in the form of:

testing measuring instruments for the purpose of approving their type;

metrological attestation of measuring instruments and measurement execution methods;

verification and calibration of measuring instruments, including standards;

attestation of testing instruments.

Article 22. State metrological supervision

State metrological control shall be carried out over the observance of the metrological requirements of regulatory documents in the field of technical regulation, as well as other legislative acts.

State metrological supervision is carried out for:

production, repair, rental, sale, condition and use of measuring instruments (including etalons, standard materials, information-measuring systems);

application of measurement techniques;

compliance with established metrological norms and rules, as well as the activities of accredited metrological services, centers and laboratories;

the number of packaged goods in packages during their packaging and sale.

The rights, obligations, and liability of persons carrying out State metrological control shall be determined by legislation.

Article 23. State metrological supervision of the number of packaged goods in packages

State metrological control over the quantity of goods packaged in wrappings during their small-scale packaging and sale shall be carried out by the special authorized state body.

State metrological supervision of the number of packaged goods in packages is carried out in cases where the contents of the package cannot be changed without opening or deformation, and the weight, volume, length, area or other quantities indicating the amount of goods contained in the package are indicated on the package.

State metrological supervision of the number of packaged goods in packages also extends to measuring vessels used as consumer packaging for liquid packaged goods.

State metrological supervision of the number of packaged goods in packages can be carried out by means of a control purchase.

Article 24. Type approval and metrological certification of measuring instruments

The approval of the types of measuring instruments includes work on determining the metrological and technical characteristics of the measuring instruments by conducting state tests, establishing the conformity of the measuring instruments with the legislation on metrology, and adopting a decision on the approval of the type of measuring instruments.

Metrological certification of measuring instruments is carried out by the state metrological service in order to recognize the admissibility of the use of measuring instruments of a single production (or imported in imports into the Republic of Uzbekistan in single copies) based on studies of their properties.

The measuring instruments used in the areas specified in Article 20 of this Law, subject to production and import by import, must be subjected to state tests and type approval or metrological certification.

Carrying out state tests, type approval and entering into the State Register of measuring instruments are carried out by the specially authorized state body.

The manufacturer must affix the State Register mark on the approved measuring instruments or in their operational documentation.

Article 25. Verification of measuring instruments

The verification of measuring instruments shall be carried out by the accredited Uzbek National Metrology Institute, the metrology services of the republican executive hokimiyat bodies and economic management bodies, as well as, in cases stipulated by the fifth part of this article, the metrology services of legal entities.

When verifying measuring instruments, the determination and confirmation of their compliance with the established metrological requirements is carried out on the basis of the verification method of measuring instruments, which provides a sequence of operations.

The lists of groups of measuring instruments to be verified are approved by the specially authorized state body.

The list of categories of measuring instruments for which the measurement results are of state importance shall be approved by the Cabinet of Ministers of the Republic of Uzbekistan based on the proposals of the special authorized state body, agreed upon with the Committee for the Development of Competition and Consumer Protection of the Republic of Uzbekistan and the authorized republican executive hokimiyat bodies in the field where these measuring instruments are applied.

The verification of measuring instruments that are not included in the list of categories of measuring instruments for which the measurement results are of state importance may be carried out by the metrology services of legal entities.

Article 26. Calibration of measuring instruments

Calibration of measuring instruments is carried out by accredited metrological services.

When calibrating measuring instruments, verification methods for measuring instruments are used to establish the metrological characteristics of measuring instruments.

Measuring instruments used outside the areas specified in paragraphs two to ten of the first part of Article 20 of this Law may be calibrated during their production, sale, operation, rental and repair.

The results of calibration of measuring instruments performed by an accredited metrological service can be used in the verification of measuring instruments.

It is allowed to create metrological services for the calibration of measuring instruments on the basis of public-private partnership.

Article 27. Certification of test equipment

Certification of test equipment is carried out by accredited metrological services.

Certification of test instruments is carried out in order to determine the conformity of standardized technical characteristics of test instruments to the requirements of regulatory documents in the field of technical regulation.

When certifying test means, certification methods of test means are used, the implementation of which allows determining the conformity of test means to the standardized technical characteristics of test means.

Article 28. Accreditation of metrological services for the right to carry out metrological works and services

The accreditation of metrology services for the right to carry out metrological expertise of regulatory documents aimed at ensuring the uniformity of measurements, metrological attestation of measuring instruments, testing instruments, and measurement execution methods that may be applied and used in the fields stipulated in Article 20 of this Law, attestation of testing instruments, and verification, calibration, and testing of measuring instruments shall be carried out in the manner prescribed by legislation.

Inspection control over the activity of accredited metrology services carrying out metrological expertise of regulatory documents aimed at ensuring the uniformity of measurements, metrological attestation of measuring instruments and measurement execution methods that may be applied and used in the fields stipulated in Article 20 of this Law, attestation of testing instruments, verification, calibration, and testing of measuring instruments shall be carried out in the manner prescribed by legislation.

Chapter 5. Final provisions

Article 29. State financing of the state metrological service

The following works of the state metrological service are subject to state financing:

development of prospects for the development of metrology;

participation in the work of international, regional organizations in metrology and work with foreign national metrology services;

development and participation in the development of normative legal acts and normative documents, as well as international, regional norms and rules in the field of metrological activity;

conducting research and other works in the field of metrological activities of national importance;

development, improvement, manufacture, storage, use, acquisition and maintenance of etalons and measuring instruments, as well as ensuring their comparison at the international level;

development of reference materials;

conducting state metrological supervision.

Article 30. Payment for metrological works and services

Metrological works and services provided to legal entities and individuals for testing, type approval, metrological certification, verification and calibration of measuring instruments, certification of measurement procedures, metrological examination of regulatory documents in the field of technical regulation and ensuring the uniformity of measurements, assessment of technical competence and compliance with established metrological norms and rules, assessment of the quality of measurements and tests, as well as other types of metrological activities that are not included in the scope of state financing, are paid by interested parties in accordance with the terms of contracts.

Article 31. Resolution of disputes

Disputes arising in the field of metrological activity shall be resolved in the manner prescribed by legislation.

Article 32. Liability for violating the legislation on metrology

Persons guilty of violating the legislation on metrology shall be held liable in the manner prescribed.