On certification of products and services (1006-XII-son)

28.12.1993

Act has lost its force 29.08.2023

Law of the Republic of Uzbekistan

This Law establishes the legal, economic and organizational basis for certification of products, services and other objects including production processes, management systems, specialists applying for participation in the field of conformity assessment as personnel (hereinafter - products) in the Republic of Uzbekistan, as well as rights, duties and responsibilities of certification participants.

CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts

The following basic concepts shall be applied in this Law:

“National certification system” — a system operating at the state level that has its own rules of procedure and management for certification;

“Certification of products” (hereinafter — certification) — activities to confirm the conformity of products with established requirements;

“Certificate of conformity” — a document issued according to the rules of a certification system to confirm the conformity of certified products with established requirements;

“Conformity mark” — a mark which is labeled to document of product or service and registered in accordance with the established procedure to indicate that the certain product or service conforms to a specific standard or other regulatory document;

“Certification system for products (works, services)” — a certification system relating to a specific product, work or service for which the same specific standards and rules shall be applied;

“Expert-auditor on quality” — a specialist certified in the manner prescribed by law, having appropriate qualifications to carry out work in the field of conformity assessment;

“Inspection body for certification” — a legal entity accredited in the manner prescribed by law, carrying out inspection control of certified products on behalf of certification bodies;

“Inspection control of certified products” — the procedure for periodic reassessment of certified products, carried out in order to confirm its compliance with the requirements established during certification.

Article 2. Purpose and objectives of certification

Certification shall be carried out in order to:

monitoring the sale of products dangerous to life, human health, property of legal entities and individuals, the environment;

ensuring the competitiveness of products in the world market;

creating conditions for the participation of domestic and joint ventures, entrepreneurs in international economic, scientific and technical cooperation and international trade;

consumer protection from the dishonesty of the manufacturer (seller, executer);

confirmation of product quality indicators declared by the manufacturer (seller, executer).

Certification may be in the form of mandatory and optional.

Article 3. Legislation on certification

Relations in the field of certification are regulated by this Law and other legislative acts of the Republic of Uzbekistan adopted in accordance with it, and in the Republic of Karakalpakstan are regulated by the legislation of the Republic of Karakalpakstan.

Article 4. International treaties and agreements

If an international treaty or agreement establishes rules other than those stipulated by the legislation on certification, then the rules of the international treaty or agreement shall be applied.

Article 5. Certification bodies of the Republic of Uzbekistan

The Standardization, metrology and certification Agency of Uzbekistan (hereinafter – “Uzstandard” Agency) is the national certification body of the Republic of Uzbekistan.

“Uzstandard” Agency in accordance with this Law shall:

carry out state policy in the field of certification, establish general rules for certification, publish official information about them;

develop draft programs to improve the certification system and submit them to the Government consideration;

make decisions on joining international certification systems by agreement with the Cabinet of Ministers of the Republic of Uzbekistan, and also conclude agreements on the mutual recognition of certification results, act on behalf of the Republic of Uzbekistan in relations with other states and in international organizations on certification matters;

establish the list of products subject to mandatory certification and submit it for approval to the Cabinet of Ministers of the Republic of Uzbekistan;

maintain state registers of certified products, certified expert-auditors on quality;

carry out state control of compliance with the requirements of mandatory certification;

suspend and cancel certificates of conformity and marks of conformity for violation of certification legislation.

Sources of financing the activities of the “Uzstandard” Agency in the field of certification are the funds of the State budget of the Republic of Uzbekistan, as well as fees for services provided by the “Uzstandard” Agency.

Accredited bodies for certification of products shall:

create product certification systems and ensure their functioning;

organize and conduct certification;

formalize, issue national certificates of conformity or recognize foreign certificates of conformity;

carry out control over certified products.

Testing laboratories (centers) accredited in accordance with the procedure established by the relevant certification system carry out tests of specific products or specific types of tests and issue protocols for certification purposes.

“Uzstandard” Agency has the right to transfer part of its functions to product certification bodies and testing laboratories (centers).

Article 6. Objects and subjects of certification

The object of certification is products, including software and other scientific and technical products.

The subjects of certification are “Uzstandard” Agency, accredited certification bodies, testing laboratories (centers), certification inspection bodies, expert-auditors on quality, personnel involved in conformity assessment activities, as well as legal entities and individuals whose products are subject to certification.

Subjects of certification - legal entities can create certification systems within the national certification system. Certification systems of legal entities are subject to mandatory state registration in the manner established by the “Uzstandard” Agency.

CHAPTER II. GENERAL REQUIREMENTS FOR CERTIFICATION ACTIVITIES

Article 7. Certificate of conformity and mark of conformity

When confirming the conformity of products with the established requirements, the certification body issues a certificate of conformity, on the basis of which the manufacturer has the right to use the mark of conformity.

Samples of certificates of conformity, forms and sizes of the national conformity mark used in the certification system are approved by the “Uzstandard” Agency.

Certificates of conformity, marks of conformity, certificates of accreditation of certification bodies and testing laboratories (centers) should be registered in state register mandatory in the manner established by the “Uzstandard” Agency.

Certificates of conformity, marks of conformity, certificates of accreditation of certification bodies and testing laboratories (centers) that have not been registered in the State register are not valid.

The transfer by the applicant of the right to use the certificate of conformity, the mark of conformity to another legal or physical person is prohibited.

Article 8. Implementation of certification activities

Accredited product certification bodies and testing laboratories (centers) carry out certification activities and testing activities for certification purposes on the basis of an accreditation certificate issued in the manner prescribed by law.

When certifying products, the applicant is granted the right to use a certificate or a mark of conformity on the basis of an agreement concluded with the relevant accredited certification body that issued the certificate of conformity.

Article 9. Information about certification

“Uzstandard” Agency informs manufacturers (executors), sellers, consumers and other interested parties about existing certification systems, their bodies, testing laboratories (centers), experts, as well as certificates of conformity, marks of conformity and rules for their use.

Certification bodies should provide the applicant, upon his/her request, with the information necessary for certification of products.

The applicant, upon the request of the certification body, should provide information related to certification, excluding information that is a commercial secret.

CHAPTER III. MANDATORY AND OPTIONAL CERTIFICATION OF PRODUCTS

Article 10. Implementation of mandatory certification

The organization of work on mandatory certification is entrusted to the “Uzstandard” Agency or, on its instructions, to other certification bodies with their mandatory accreditation.

The list of products subject to mandatory certification is approved by the Cabinet of Ministers of the Republic of Uzbekistan.

In the absence of requirements ensuring the safety of the manufacture, use, transportation or storage of products that could cause harm to life, human health, property of legal entities and individuals, the environment, “Uzstandard” Agency provides, together with the relevant government bodies, the immediate development and implementation of such requirements.

Article 11. Conditions for conducting mandatory certification

Mandatory certification includes inspection of production, testing product to determine whether its characteristics meet the requirements of regulatory documents, inspection control of certified products.

Tests shall be carried out by accredited testing laboratories (centers) by the methods established by the relevant regulatory documents, and in their absence, by methods developed by the relevant certification bodies.

Payment for mandatory certification shall be made by the applicant in the manner prescribed by law.

The amount of funds expended by the applicant for the mandatory certification of their products shall be added to the prime cost of the product.

It is prohibited to advertise products subject to mandatory certification but not having a certificate of conformity.

Article 12. Requirements for products subject to mandatory certification

Products subject to mandatory certification cannot be sold on the territory of the Republic of Uzbekistan in cases if it:

was not submitted for certification;

failed certification due to non-compliance with certification requirements;

the certificate has expired or is suspended (canceled).

The sale of products unlawfully marked with a mark of conformity is prohibited.

Article 13. Obligations of manufacturers (entrepreneurs) during mandatory certification of products

Manufacturers (entrepreneurs) implementing products subject to mandatory certification are required to:

submit for certification products subject to mandatory certification;

sell certified products only if there is a certificate issued or recognized by certification bodies, and to ensure its compliance with the requirements of regulatory documents;

suspend or terminate the sale of certified products if it does not meet the requirements of regulatory documents, as well as in cases where the certificate expires or if the certificate is suspended or canceled by a decision of the certification body;

to provide conditions for the unhindered fulfillment of their powers by officials of bodies carrying out mandatory product certification and control of certified products;

notify the certification body in the prescribed manner of changes made to the technical documentation or the manufacturing process of certified products;

indicate in the accompanying technical documentation information about certification and regulatory documents that products must comply with, and ensure that this information is communicated to the consumer (buyer, customer).

Article 14. Mandatory certification of imported and exported products

Under the terms of the contracts (agreements) concluded for the supply to the Republic of Uzbekistan of products subject to mandatory certification, there must be a certificate of conformity and a mark of conformity confirming its compliance with the established requirements issued or recognized by the “Uzstandard” Agency.

National or recognized by the “Uzstandard” Agency certificates of conformity and marks of conformity of other states are submitted by the applicant (supplier) to the customs authorities together with the customs cargo declaration and these documents are the basis for placing products under the appropriate customs regime.

In the absence of a document confirming the safety of imported products, the customs authorities do not allow the placement of such products under the appropriate customs regime, until the decision on whether to conduct its certification or recognition of a foreign certificate in accordance with the rules of the national certification system is decided, with the exception of the customs regimes of temporary storage and customs warehouse.

The procedure for export of products subject to mandatory certification from the Republic of Uzbekistan is established by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 15. State financing of mandatory certification works

The following works shall be subject to state financing:

development of prospects for the development of certification, rules and recommendations for its conducting;

provision of official information in the field of certification;

participation in the work of international (regional) certification organizations and conducting work with foreign national certification bodies;

development, participation in the development of international (regional) rules and recommendations for certification;

conducting scientific research and other works of national importance on certification;

works of conducting state control of compliance with mandatory certification requirements.

Article 16. State control of compliance with mandatory certification requirements

State supervision of compliance by manufacturers (entrepreneurs, sellers, performers) with the requirements of mandatory certification is carried out by state inspectors of the “Uzstandard” Agency in the manner prescribed by law.

Article 161. Inspection in the form of control

Inspection control of certified products is carried out by certification bodies that issued a certificate of conformity, or by inspection bodies on certification.

Article 17. Optional certification

Any product may be certified voluntarily at the initiative of legal entities and individuals to confirm its compliance with regulatory requirements.

Article 18. Subjects conduct optional certification

Optional certification is entitled to legal entities and individuals accredited in the manner prescribed by the “Uzstandard” Agency.

Article 19. Optional certification systems

Optional certification systems that determine the rules and procedures for certification are established by accredited bodies in agreement with the “Uzstandard” Agency.

CHAPTER IV. SETTLEMENT OF DISPUTES. RESPONSIBILITY FOR VIOLATION OF LEGISLATION ON CERTIFICATION

Article 20. Settlement of Disputes related to the application of this Law

Disputes related to the application of this Law are considered by the court in the manner prescribed by the legislation of the Republic of Uzbekistan.

Article 21. Examination of the appeals

In case of disagreement with the certification result, the interested party has the right to appeal to the Board of examining appeals of the “Uzstandard” Agency.

The regulation on the Board of examining appeals is developed and approved by the “Uzstandard” Agency.

The Board of examining appeals of the “Uzstandard” Agency considers complaints against decisions of certification bodies and testing laboratories (centers).

The appeals are examined within two weeks.

The decisions of the “Uzstandard” Agency, the Board of examining appeals can be appealed in court in the manner prescribed by law.

Article 22. Responsibility of certification bodies and testing laboratories (centers)

The certification body is responsible for:

unreasonable and unlawful issuance of a certificate of conformity;

unlawful actions against the applicant;

disclosure of information constituting a commercial secret of the applicant.

An accredited testing laboratory (center) is responsible for providing the certification body with false test results.

Certification bodies and testing laboratories (centers) are obliged to fully compensate for losses incurred by the applicant as a result of the actions specified in this article in the manner prescribed by law.

Article 23. Responsibility of manufacturers (entrepreneurs) for violation of the rules of mandatory certification

Manufacturers (entrepreneurs) for violation of the rules of mandatory certification are responsible in accordance with the law.

For the sale of uncertified products subject to mandatory certification, officials of the manufacturer (entrepreneur), as well as individual entrepreneurs - manufacturers shall be brought to administrative responsibility.

The application of administrative penalties does not exempt manufacturers (entrepreneurs) from conducting mandatory certification.

President of the Republic of Uzbekistan I. KARIMOV

Tashkent city,

December 28, 1993

No. 1006-XII