THE LAW
OF TURKMENISTAN
ON CERTIFICATION OF THE PRODUCTS AND SERVICES
The present
Law establishes the legal bases of certification of the products, services and
other objects (hereafter - a product) in Turkmenistan, and also the rights and
obligations of the participants of certification.
Chapter
I. General regulations
Article
1. The concept of certification.
Certification of the product
(hereinafter - certification) - is the activity to confirm the correspondence
of the product to the established requirements.
Certification is carried out with the aim of: establishing conditions for the
activity for enterprises, institutions, organizations and enterprises in united
trade market of Turkmenistan, and also to participate in international economic,
scientific and technical cooperation and international trade:
- assisting consumers in a competent choice of products;
- protection of consumers from non-conscientious producer (seller, executor);
- to control (controlling) safety of the products for environment, life, health
and property (ownership);
- confirmation of the indicators of products quality, declared by the producer.
Article 2. Legislation
of Turkmenistan on certification.
Relations
in the field of certification are regulated by the present Law and the acts
of legislation of Turkmenistan issued according to that.
Article
3. International treaties .
If according
to the international treaties other rules are established than the ones, which
are contained in the legislation of Turkmenistan on certification than the rules
of international agreement is used.
Chapter
II. On Certification
Article
4. The state system of certification.
The state
system of certification sets the basic regulations and rules of certification,
its principles and structure, its requirements to the bodies on certification,
laboratories (centres), the order of their certification and accreditation,
methods of certification of production, of certified products, inspection control
of certified products and activity of accredited bodies on certification, laboratories
(centres), other rules and requirements needed for realisation of the goals
of certification.
Article
5. The organisational structure of state system of certification.
The organisational structure
of state system of certification are formed by:
- the state body on certification of the products and services (the main inspection
of Turkmenistan), local bodies of certification of products and services, testing
trial laboratories (centres).
Article
6. The obligatory certification.
- Obligatory certification
is the certification of a product on correspondence to the demands of a standards
or other normative document, providing its safety for life, health of people,
property (ownership) of citizens and environment, the quality of products
(work, services). The nomenclature of products (work, services) are to be
subjected to certification is confirmed by the Cabinet of Ministers of Turkmenistan.
All products imported to the country and exported from is to be subjected
to certification. Certification is conducted by the bodies of certification
according to the worked out rules and competence.
- In case of a positive
decision of the body on certification as a result of holding of certification
of the products (works, services) the applicant is given the certificate of
correspondence giving him the right to mark given product with the sign of
correspondence in the order set by the state body on certification of products
and services.
- The signs of correspondence
used in the system of certification and also the national sign of correspondence
are registered in the state Registry on Certification.
Article
7. Rights and obligations of the participants of the state system of certification.
- The state body on certification
of the products and services carries out inspection (checking) of enterprises,
obligations and in case of breaking (violating) the requirements of the standards
and technical conditions in working out (elaboration), production , fixing,
transformation, keeping and exploitation of the products and conditions of
certification has right to:
- give an order to eliminate violations;
- to withdraw and destroy (annihilate) products which contain chemical and
other substances body for health which exceeds (overdraws) the admitted norm
several times;
- to hold up the production, realisation, use, exploitation of the product,
not to give or annual (cancel) the effect (work, functioning) of the certificate
of correspondence, and the right to use the Law of correspondence in repeated
violation;
- to append penalty, economic sanctions;
- to conduct metrological certification and inspection (checking) of the means
(tools) of measurement;
- to licence the activity on producing, inspection, fixing (repairing), selling,
hiring of the means of measurement;
- to carry out supervision of packing and package of goods, issue into circulation,
condition and use of the means of measurement, observance of the metrological
norms and rules;
- to accredit the bodies on certification, testing laboratories (centres),
to issue them licences for providing certain types of work;
- to conduct the state registry of the participants and objects of certification;
- to set up rules of recognition of foreign certificates, signs of correspondence
and results of testing;
- to set up the rules of accrediting and issue of licence to conduct the work
on certification;
- to carry out the state control and supervision of the observance of the
rules of certification and certified products;
- to consider appeals on the problems issues of certification to issue certificates
and licences to use signs of correspondence;
- to give directions or to stop the effect on cancellation of document, issued
by other bodies on certification, if they do not contradict to the requirements
of state system of certification.
The state body on certification of products and services is obliged:
- to observe the legislation of Turkmenistan, rights and interests of enterprises
and citizens protected by the Law;
- to provide the effective fulfilment of the state supervision under the observance
of the requirements of standards and other normative and technical documents
by enterprises and citizens.
The state body on certification
of the products and services carries out the work with organizations and enterprises
on self-supporting base establishes the Certification Fund of products and services
together with them, the means of which are not subjected to taxation.
- Body on certification:
- certifies the products and issues certificates;
- holds up (stops) or cancels the functioning (effect) of the issued certificates
to him;
- provides the applicant at his demand the necessary information in the limits
of its competence
- Testing laboratories
(centres) certified and accredited in the fixed order by corresponding system
of certification, carries out testing of the concrete product or concrete
type of tests and issue the minutes of tests for the purposes of certification.
- Producers (sellers,
executors) of products, realised at the territory of Turkmenistan are obliged:
- to realise this product this product only in case of existence of the certificate
issued and recognised to be authorised to that by the body;
- to provide the correspondence of the product being realised to the requirements
of the normative documents, correspondence to which it was certified and marking
it by with the sign of correspondence in the fixed order;
- to point out the information on certification and normative documents in
the covering technical documentation, which the product has to correspond
to and provide bringing of this information to the consumer’s (buyer’s,
customer’s) notice;
- to hold up or cease the realisation of the certified product, if it does
not correspond to requirements of the normative documents, correspondence
to which it was certified, on expiration of the deadline of the certificate
or in case, if the work of certificate was hold up or cancelled by the decision
of the body on certification;
- to provide unimpeded fulfilment of their authorities by official functionaries
of the bodies carrying out certification of the product and control of certified
product;
- to inform the body on certification in the fixed order on changes inserted
into technical documentation or into technological process of production of
certified product.
Article
8. Conditions of bringing in the imported product.
- In the terms of contracts,
signed on the delivery of the products to Turkmenistan the existence of the
certificate and the sign of correspondence confirming its correspondence to
the fixed requirements has to be stipulated. The indicated certificate and
signs of correspondence has to be issued and recognised by the authorised
body of Turkmenistan.
- Certificates or documents
on their recognition are produced to the customs bodies together with their
cargo customs declaration and are necessary documents for receiving permission
to bring in the products to the territory of Turkmenistan.
- The order of bring in
the territory of Turkmenistan, the products has to be obligatorily certified
is set by the authorised body, according to the legislative acts of Turkmenistan.
Article
9. Financing of the work on certification and state control and supervision.
- Elaboration of the rules
and recommendations on holding of certification, providing official information
in the field of certification;
Participation in the work of international (regional) organizations on certification
and holding of work with foreign national bodies on certification;
Holding of scientific and research and other work on certification, having
the nation-wide significance;
Holding of state control and supervision of the observance of the rules of
certification and certified products;
Holding of the state Registry on certification and accrediting and keeping
in the archive of the materials of state registration of the system of certification
and signs of correspondence;
Other works on certification, determined by the legislation of Turkmenistan;
are subjected to the obligatory (mandatory) state financing.
- Payment on certification
of the concrete products is produced by the applicant in the order, set up
by the authorised body.
The total amount of the expenditures made by the applicant to conduct the
obligatory certification of its products, ascribed to its cost.
Chapter
III. Responsibility for breaking (violation) of the regulations (principles)
of the present Law.
Article
10. Criminal, administrative or civil and legal responsibility.
For breaking
(violation) of the legislation on certification and services the juridical and
physical persons, and also bodies of state management take the disciplinary,
material, administrative or criminal responsibility set up by the Law.
Chapter
IV. The Settlement of disputes
Article
II. The bodies, settling disputes in the field of certification of the products
and services.
Disputes in the field of
certification of the products and services are tried by the courts in the order
set up by the legislation of Turkmenistan.
Insert the present Law into the power from the day of its publishing in the
press.
PRESIDENT OF TURKMENISTAN
SAPARMURAT TURKMENBASHI
Ashgabat, October
8, 1993