On Accreditation in the Field of Conformity Assessment

The Law of the Republic of Kazakhstan dated 5 July, 2008 No. 61-IV

Unofficial translation

      This Law regulates social relations in the field of accreditation of bodies on confirmation of conformity, testing, verification, calibration laboratories (centers), legal entities, carrying out metrological certification of procedure of measurements, as well as other relations in the field of conformity assessment, related with them.

Article 1. Basic definitions used in the Law

      The following basic definitions shall be used in the Law:
      1) accreditation – procedure of official recognition of competence of applicant by the accreditation body to execute works in the particular field of conformity assessment;
      2) accreditation certificate – a document, issued by the accreditation body, certified the competence of the subjects of accreditation to execute the work in the particular field of conformity assessment;
      2-1) revocation of accreditation certificate – a decision of the accreditation body on temporary invalidation of accreditation certificate or the parts of accreditation scope of subject of accreditation in the case of non-conformity of the subject of accreditation to the accreditation criteria, on conformity of which it is accredited, before elimination of reasons, constituted a ground to revocation of accreditation certificate;
      3) accreditation mark – a designation, provided by the accreditation body to the subject of accreditation for information sharing of third persons on undergoing of procedure of accreditation;
      4) accreditation body – a legal entity, determined on a competitive basis, carrying out activity on accreditation and being a member of international organizations on accreditation;
      5) a system of accreditation – a set of the state bodies, individuals and legal entities, performing the work in the scope of accreditation in the field of conformity assessment within its competence;
      6) accreditation criteria – a set of requirements, to which the applicant shall satisfy for its accreditation and subject of accreditation;
      7) updating of materials of accreditation – introduction of amendments to the documents of the subject of accreditation, not involving re-issuance of accreditation certificate;
      8) accreditation scope – officially recognized objects of conformity assessment, on which the accreditation is distributed;
      9) expansion of accreditation scope – a process of increasing the list of objects of conformity assessment by the subject of accreditation;
      10) reduction of accreditation scope– a process of reducing the list of objects of conformity assessment by the subject of accreditation;
      11) experts-auditors of accreditation, confirmation of conformity – individuals, certified in the manner determined by the authorized body;
      12) register of subjects of accreditation – the unified system of recording of subjects of accreditation;
      13) a subject of accreditation – a legal entity or structural subdivision of legal entity, acting on its behalf, being accredited in the manner established by this Law;
      14) an audit – verification of observance of accreditation criteria, carrying out by the accreditation body, by the subjects of accreditation;
      15) calibration laboratory (center) – a legal entity or structural subdivision of legal entity, acting on its behalf, carrying out calibration of measurement means;
      15-1) repeated accreditation – regular procedure of official recognition of the competence of applicant by the accreditation body to execute works in the particular field of conformity assessment;
      15-2) technical expert in the field of ensuring the unity of measurement - individual, certified in the manner determined by the authorized body, for the right to performance of works in the field of ensuring the unity of measurement;
      16) a legal entity, carrying out metrological certification of procedure of measurements – legal entities, certified to performance of works on metrological certification of procedure of measurements;
      17) comparison of the results of verification and calibration of measuring means - comparison of research results, metrological characteristic of measurement means;
      18) an applicant – a legal entity, filed an application for accreditation;
      19) comparative tests – conducting and assessment of the test results on the same similar objects of tests by two or more laboratories (centers);
      20) testing laboratory (center) – a legal entity or structural subdivision of legal entity, acting on its behalf, carrying out verification of measurement means;
      21) conformity assessment – an evidence of carrying out of specified requirements to the products, process, service, management system, personnel, measurement equipment, testing facilities, procedure of measurements by confirmation of conformity, performance of tests, measurements, verification, calibration and certification;
      22) objects of conformity assessment – products, processes, services, management systems, personnel, measurement means, testing facility, procedure of measurements, subject to confirmation of conformity, investigations, tests, measurements, verification, calibration, certification;
      23) bodies on conformation of conformity – legal entities, performance the work on confirmation of conformity of products, processes, services, management systems or personnel;
      24) testing laboratory (center) – a legal entity or structural subdivision of legal entity, acting on its behalf, carrying out investigation, testing;
      25) technical expert – individual, possessing special knowledge or experience in relation of the object, subject to the conformity assessment;
      26) an authorized body – the state body, carrying out the state regulation in the field of technical regulation and ensuring the unity of measurements.
      Footnote. Article 1 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 34-V(shall be enforced from the date of its official publication).

Article 2. The legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment

      1. The legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts.
      2. If the international treaty, ratified by the Republic of Kazakhstan establishes the other rules, than those provided by this Law, the rules of international treaty shall be applied.

Article 3. Basic purposes and principles of accreditation

      1. The basic purposes of accreditation shall be:
      1) consumer protection in the issues of security and quality of products, processes, services;
      2) competitive growth of domestic products;
      3) improvement of quality and reliability of conformity assessment;
      4) elimination of technical barriers on trade;
      5) creating conditions of yield of domestic products to foreign markets and recognition of the results of works of subjects of accreditation of the Republic of Kazakhstan by the international organization and foreign countries.
      2. The principles of accreditation shall be:
      1) voluntariness;
      2) information availability on procedures, accreditation criteria;
      3) transparency of activity on accreditation in the field of conformity assessment;
      4) non-discrimination;
      5) competence;
      6) the unity and system integrity of accreditation;
      7) independence;
      8) inadmissibility of combining of activity on accreditation with activity on conformity assessment;
      9) priority of the use of standards of international (regional) organizations in the implementation of accreditation.

Article 4. Accreditation system

      An accreditation system shall include:
      1) The Government of the Republic of Kazakhstan;
      2) an authorized body;
      3) accreditation body;
      4) a subject of accreditation;
      5) experts – auditors on accreditation, confirmation of conformity, technical experts in the field of ensuring the unity of measurements, technical experts.
      Footnote. Article 4 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 5. Competence of the Government of the Republic of Kazakhstan in the scope of accreditation in the field of conformity assessment

      Competence of the Government of the Republic of Kazakhstan in the scope of accreditation in the field of conformity assessment shall include:
      1) development of basic directions of the state policy in the field of accreditation;
      2) adoption of regulations of conducting of competition at the choice of accreditation body and qualified requirements to the accreditation body;
      2-1) determination of accreditation body in accordance with the rules, specified in subparagraph 2) of this Article;
      3) exercise other functions, imposed on it by the Constitution, the Laws of the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
      Footnote. Article 5 as amended by the Laws of the Republic of Kazakhstan dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 34-V(shall be enforced from the date of its official publication).

Article 6. Competence of the authorized body

      An authorized body within its competence shall:
      1) implement the state policy in the field of accreditation;
      1-1) develop the rules of holding of a competitive tender at the choice of accreditation body and qualifying requirements to the accreditation body;
      1-2) organize and hold competitive tenders at the choice of the accreditation body;
      2) Is excluded by the Law of the Republic of Kazakhstan dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication);
      3) carry out control of observance of the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment;
      4) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);
      5) exercise of other powers, provided by this Law, 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 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 34-V(shall be enforced from the date of its official publication); dated 10.07.2012 No. 36-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.01.2014 No. 159-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 7. Accreditation body

      1. Is excluded by the Law of the republic of Kazakhstan dated 10.07.2012 No. 34-V(shall be enforced from the date of its official publication).
      2. An accreditation body shall:
      1) have a right to:
      engage the experts-auditors on accreditation, confirmation of conformity, technical experts in the field of ensuring the unity of measurements, technical experts and other specialists to participation in performance of works on accreditation;
      participate in the work of international (regional) non-state and non-governmental organizations on accreditation;
      organize comparative tests and comparison of the results of verification and calibration of measurement means;
      conduct an audit;
      conduct monitoring of activity of the subjects of accreditation in order to conformity to the accreditation criteria;
      2) be obliged to:
      establish the forms of accreditation certificate, annexes to the accreditation certificates, accreditation mark;
      perform the works on accreditation with observance of the established procedure, including the stages of accreditation and period for their performance, as well as the terms of conducting of an audit, as well as extraordinary;
      prevent disclosure of information, constituting commercial or other legally protected secret, being known upon performance of works on accreditation;
      maintain a register of the subjects of accreditation;
      run a web-site, publish the register of subjects of accreditation officially on it and place the regulatory legal acts on accreditation in the field of conformity assessment;
      administer complaints of the subjects of accreditation and adopt decisions on it, post information on adopted decisions on web-site;
      inform an authorized body in written form in the case of revocation of accreditation certificate or termination of post-accredited agreement during three business days;
      consider applications on re-issuance of accreditation certificate, update of materials of accreditation;
      revoke, return accreditation certificate and file petitions in court on cancellation of accreditation certificate on the grounds and in the manner provided by this Law.
      3. Permanent commission on consideration of materials of accreditation shall be created for consideration of materials of accreditation and adoption of decisions on it by the head of the accreditation body. Decision of commission shall bear a recommended character.
      Quantitative composition of commission shall be odd-numbered, consist of at least three persons and include at least one expert - auditor of accreditation.
      Footnote. Article 7 as amended by the Laws of the Republic of Kazakhstan dated 10.07.2009 No. 178-IV; dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.07.2012 No. 34-V(shall be enforced from the date of its official publication).

Article 8. Subjects of accreditation

      1. The subjects of accreditation shall include: bodies on conformation of conformity;
      testing, verification and calibration laboratories (centers);
      legal entities, carrying out metrological certification of procedure of measurements.
      2. Results of conformity assessment of the subjects of accreditation shall be recognized over the whole territory of the Republic of Kazakhstan.
      3. Foreign organizations, their branches and representatives, carrying out activity on conformity assessment in the territory of the Republic of Kazakhstan, for recognition of the results of their activity shall subject to accreditation in accordance with this Law.
      4. The subjects of accreditation shall have a right to:
      1) use the accreditation mark;
      2) apply to the accreditation body with application on expansion or reduction of accreditation scope, on revocation, on return of accreditation certificate and termination of accreditation certificate;
      3) appeal to the body on accreditation the actions of its servants;
      4) apply to court upon incurrence of disputes on issues of accreditation.
      5. The subjects of accreditation shall be obliged to:
      1) observe the legislation of the Republic of Kazakhstan and the requirements of regulatory documents, on conformity of which they are accredited;
      2) perform the works within the accreditation scope;
      3) refer to accreditation certificate within the accreditation scope;
      4) inform an accreditation body on termination of activity in the approved accreditation scope or upcoming liquidation;
      5) correct identified inconsistencies to the accreditation criteria in the terms, established by the decision of accreditation body;
      6) provide an access to the premise, facility, information to the persons, carrying out an audit, and render them other necessary assistance;
      7) participate in the comparative tests and comparison of the results of verification and calibration of measurements means;
      8) return an accreditation certificate during five business days from the date of acceptance of a decision on termination of accreditation certificate, in the case of termination of accreditation certificate;
      9) terminate a reference to accreditation in the case of termination, cancellation, suspension or deprivation of accreditation certificate;
      10) terminate a reference to accreditation certificate or the field of accreditation that are temporarily recognized as invalid, in the case of revocation of accreditation certificate.
      Footnote. Article 8 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 9. Bodies on conformation of conformity

      1. Bodies on conformation of conformity shall be independent from producers (executors) of products (services), suppliers and consumers of products (services).
      2. Branches of bodies on confirmation of conformity shall be accredited on application of legal entity in accordance with this Law.
      An accreditation scope of branches of bodies on confirmation of conformity shall be approved separately.
      3. Bodies on confirmation of conformity shall not have a right to render the consulting services, affecting to the impartiality and objectivity of process of conformity assessment.
      4. Bodies on confirmation of conformity shall ensure impartiality upon performance of work on confirmation of conformity, assessing the risks arising in the results of activity on confirmation of conformity, and have financial stability and appropriate resources for securing obligations in the field of activity.
      Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 10. Testing, verification and calibration laboratories (centers) and legal entities, carrying out metrological certification of Procedure of measurements

      1. Testing, verification and calibration laboratories (centers) and legal entities, carrying out metrological certification of procedure of measurements shall carry out its activity in accordance with this Law, the legislation of the Republic of Kazakhstan in the field of technical regulation and on ensuring uniformity of measurements.
      2. Verification laboratories (centers) shall be independent of producers (executors) of products (services), suppliers and consumers of products (services).
      3. Testing, verification and calibration laboratories (centers) shall ensure traceability of measurements by reception of size of measurement unit from the state standards of measurement unit in accordance with the legislation of the Republic of Kazakhstan on ensuring the unity of measurements, in the case of their absence – from national standards of measurement units of other countries.
      4. Testing, verification and calibration laboratories (centers) shall ensure impartiality upon performance of works on confirmation of conformity and works in the scope, provided by Article 23 of the Law of the Republic of Kazakhstan “On ensuring uniformity of measurements”, assess the risks, arising in the results of activity, and have financial stability and appropriate resources for securing obligations in the field of activity.
      Footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

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

      1. Experts-auditors on accreditation, confirmation of conformity, technical experts in the field of ensuring the unity of measurements and technical experts shall participate in performance of works on accreditation in accordance with this Law.
      2. Experts-auditors on accreditation, confirmation of conformity, technical experts in the field of ensuring the unity of measurements and technical experts shall carry out its activity on the basis of labour or civil law treaty.
      Footnote. Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 12. Accreditation mark

      1. An accreditation mark shall be used to inform third parties on undergoing of procedure of accreditation by the subject of accreditation.
      2. Provided accreditation mark to the subject of accreditation shall contain the number of issued accreditation certificate.
      3. Procedure of use of accreditation mark shall be determined by post-accredited agreement.

Article 13. The stages of accreditation

      1. An accreditation shall include the following stages:
      1) reception, pendency of application and presented documents;
      2) conclusion of preaccredited agreement;
      3) an expertize of presented documents;
      4) inspection of the applicant at its location;
      ) making decisions on accreditation or on refusal of accreditation;
      6) conclusion of post-accredited agreement, approval of accreditation scope and issuance of accreditation certificate or termination of preaccredited agreement.
      2. Repeated accreditation shall be conducted with observance of all stages, provided by paragraph 1 of this Article. An application to the repeated accreditation shall be filed by the applicant not later than six months before the expiration of the term of effect of accreditation certificate.
      Footnote. Article 13 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 14. Accreditation criteria

      Applicants and subjects of accreditation shall match to the following criteria:
      1) have the status of a legal entity or structural subdivision of legal entity, acting on its behalf;
      2) have qualified personnel, allowing to perform the works on conformity assessment with stated accreditation scope;
      3) have beneficially owned economic management, operative management or in temporary possession and use the premises, facilities and material resources, necessary for performance of works on conformity assessment;
      4) satisfy the requirements of regulatory documents, on conformity of which they are accredited (accredited).
      The regulatory documents on standartization and ensuring the unity of measurements shall be regarded under the regulatory documents in this Law.

Article 15. Presentation and pendency of an application

      1. An applicant shall present to the accreditation body the following documents:
      1) an application for accreditation;
      2) notarized copies of documents, establishing the legal status of applicant;
      3) states accreditation scope on paper and electronic media;
      3-1) quality manual;
      4) a passport for testing, verification and calibration laboratories (centers), legal entities, carrying out metrological certification of procedure of measurements;
      5) details on personnel, performing the works on conformity assessment, for bodies on confirmation of conformity.
      An applicant shall provide relevant information depending on regulatory document, chosen by them.
      All documents, except for application, shall be presented in two copies.
      2. The forms of documents, specified in subparagraph 1), 3), 4) and 5) of the first part of paragraph 1 of this Article, shall be established by the authorized body.
      3. In the case, if application and (or) documents, attached to it, are not correspond to the established form or not presented in the full extent, accreditation body shall return the documents to the applicant with specification of return reasons by mail or hand over to its representative purposely under signed receipt during five business days, calculated from the date of their receipt.
      Footnote. Article 15 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 16.Preaccredited agreement

      1. Preaccredited agreement shall be concluded between accreditation body and applicant.
      2. The material conditions of preaccredited agreement shall be:
      1) a subject of an agreement;
      2) rights and obligations of the parties;
      3) cost of works;
      4) responsibility of the parties.
      3. Model preaccredited agreement shall be approved by the authorized body.
      4. Preaccredited agreement shall be terminated in the following cases:
      1) liquidation of legal entity;
      2) termination of an agreement in accordance with the civil legislation of the Republic of Kazakhstan;
      3) non-elimination of the term of inconsistencies, established by the accreditation body, identified upon documentation expertise or inspection of applicant at its location;
      4) detection of inconsistencies by the accreditation body upon repeated documentation expertise or upon repeated inspection at the location of applicant, accordingly specified in the primary expert-auditor’s conclusion on accreditation or in the report of group of inspection;
      5) adoption of decision on refusal in accreditation by the accreditation body.

Article 17. An expertize of presented documents

      1. An expertize of presented documents shall be carried out in the term of not more than thirty business days, calculated from the date of conclusion of agreement.
      An expertize of presented documents upon repeated accreditation shall be conducted in a part of changes in the documents of subject of accreditation and the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment.
      2. An expert-auditor on accreditation shall be assigned for conducting of expertize by the body of accreditation.
      3. Conclusion of expert-auditor on accreditation shall contain:
      1) conformity assessment of presented documents to the accreditation criteria;
      2) specifications to the inconsistency of documents on specific criteria (upon availability of inconsistencies);
      3) recommendation on amendment of presented documents (if it’s necessary) and procedure of approval of performance of these recommendations by the applicant;
      4) conclusions on conformity or non-conformity of presented documents to the accreditation criteria.
      4. On the basis of conclusion of expert-auditor on accreditation, an accreditation body shall adopt one of the following decisions on:
      1) inspection of applicant at its location;
      2) elimination of identified inconsistencies by applicant.
      Notification on adopted decision shall be directed to the applicant in a written form during three business days from the date of adoption of decision by mail or by fax connection and shall be considered as received accordingly from the date of the mark of applicant in notification on reception of postal item or on the date of sending of fax message.
      5. An applicant shall eliminate identified inconsistencies and inform on it an accreditation body in a written form by mail with presentation of supporting documents on elimination of inconsistencies during thirty business days from the date of reception of notification, specified in subparagraph 2) of first part of paragraph 4 of this Article. An accreditation body shall conduct a repeated expertize of documents, if it’s necessary, during seven business days from the date of reception of notification.
      Footnote. Article 17 is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 18. Inspection of applicant at its location

      1. Inspection of applicant at its location shall be conducted in order to assess the competence of an applicant, conformity of information, provided in the documents, to the actual state.
      2. Inspection shall be carried out by the group of inspection, formed by the accreditation body.
      3. A group of inspection shall consist of at least three people, an expert-auditor on accreditation, conducting an expertize of documents shall be assigned by the head of a group.
      4. To the group on inspection may be included on agreement:
      technical experts in the field of ensuring the unity of measurements;
      experts-auditors on confirmation of conformity, technical experts, specialists of the state bodies and other organizations on stated accreditation body.
      5. The term of inspection shall not exceed ten business days, calculated from the date of arrival of a group of inspection to the location of applicant or its structural subdivision, located out of the location of applicant. Total period of inspection of applicant, having structural subdivision shall not exceed thirty business days.
      6. According to the results of their work a group of inspection draws up a report, which shall contain conformity assessment of applicant to the accreditation criteria.
      7. A report shall be drawn up by the head of the group in recognition of all notes of its members in two copies and shall be signed by all members of group. One copy of the report shall be given to the applicant.
      8. In the case of disagreement with the report of group on inspection, an applicant may present their notes to the accreditation body in written form during three business days by mail or by fax connection and shall be considered as received accordingly from the date of the mark of the accreditation body in notification on reception of postal item or on the date of sending of fax message.
      9. On the basis of report of a group on inspection and in recognition of notes of applicant (in their existence), an accreditation body shall adopt one of the following decisions in the term not more than five business days:
      1) on consideration of collected materials of accreditation;
      2) on elimination of identified inconsistencies by the applicant.
      Notification on adopted decision shall be directed to the applicant in written form during three business days from the date of adoption decision by mail or by fax connection and shall be considered as received accordingly from the date of the mark of applicant in notification on reception of postal item or on the date of sending of fax message.
      10. An applicant shall eliminate identified inconsistences and inform an accreditation body on its elimination in a written form by mail with presentation of supporting documents on elimination of inconsistencies during twenty business days from the date of reception of notification, specified in subparagraph 2) of first part of paragraph 9 of this Article, after which an accreditation body shall conduct its repeated inspection if it’s necessary. The term of repeated inspection of applicant or its structural subdivision shall not exceed five business days, calculated from the date of arrival of a group on inspection to the location of applicant.
      11. The term of elimination of inconsistences shall be extended by the accreditation body on a written application of applicant, in which the reasons are stated, but not more than two months.
      Footnote. Article 18 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication)

Article 19. Adoption of decisions on accreditation or refusal in accreditation

      1. Decision on accreditation or on refusal in accreditation shall be adopted by the accreditation body during thirty business days, calculated from the date of reception of collected materials to the commission on consideration of materials of accreditation.
      In the case of identification of inconsistences by the commission on consideration of materials of accreditation, to the accreditation criteria, the term, necessary for elimination of inconsistencies shall be presented to the applicant, but not more than two months. In the specified case, the term, provided by first part of this paragraph shall be suspended.
      2. In the case of adoption of positive decision the post-accredited agreement shall be concluded and the document, determining accreditation scope, shall be approved, an accreditation certificate and one set of documents shall be issued.
      3. Upon negative decision, a motivated refusal shall be directed to the applicant in written form during five business days from the date of adoption decision by mail or by fax connection and shall be considered as received accordingly from the date of the mark of accreditation body in notification on reception of postal item or on the date of sending of fax message.
      A set of documents shall be directed to the applicant by mail or handed over to its representative purposely under signed.
      Footnote. Article 19 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 20. Post-accredited agreement

      1. Post-accredited agreement shall be concluded between an accreditation body and the subject of accreditation.
      2. The material conditions of post-accredited agreement shall be:
      1)a subject of an agreement;
      2) rights and obligations of the parties;
      3) cost of works;
      4) procedure and terms of conducting an audit, re-issuance of accreditation certificate, update of materials of accreditation;
      5) procedure of conducting of comparative tests and (or) comparison of results of verification and calibration of measurement means;
      6) responsibility of the parties.
      3. The model post-accredited agreement shall be approved by the authorized body.
      4. Post - accredited agreement shall be terminated in the following cases:
      1) liquidation of legal entity;
      2) expiration of validity of accreditation certificate;
      3) forfeiture of accreditation certificate;
      4) cancellation of accreditation certificate;
      5) Is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication);
      6) non-elimination of inconsistencies, constituted as a ground for revocation of accreditation certificate;
      7) termination of an agreement in accordance with the civil legislation of the Republic of Kazakhstan.
      5. The date of termination of post-accredited agreement on the grounds, provided by subparagraph 6) of paragraph 4 of this Article, shall be considered the day, following the date of expiry of elimination of inconsistencies.
      Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 21. Accreditation certificate

      1. Accreditation certificates, issued by the accreditation body, shall be valid over the whole territory of the Republic of Kazakhstan and have validity of five years.
      2. Validity of accreditation certificate shall be calculated from the date of adoption a decision on accreditation shall include period of time, during of which an accreditation certificate was revoked.
      2-1. Accreditation body may extend validity of previously issued accreditation certificate to the date of adoption of decision on accreditation not more than three months in the case of observance of term, established by paragraph 2 of Article 13 of this Law by the subject of accreditation upon necessity of completion of works upon repeated accreditation.
      3. The compulsory annex to the accreditation certificate shall be the document, approved by the accreditation body and determining an accreditation scope.
      4. Accreditation certificate shall subject to registration in the register of the subjects of accreditation.
      5. In the accreditation certificate shall be specified:
      1) name, organizational-legal form, location of the subject of accreditation;
      2) regulatory document, on conformity of which a subject of accreditation is accredited;
      3) registered number of accreditation certificate;
      4) the date of registration of accreditation certificate in the register of the subjects of accreditation;
      5) validity of accreditation certificate;
      6) Is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).
      6. The forms of accreditation certificate shall be the documents of exact reporting, have protection and number.
      7. Accreditation certificate shall be issued in single copy; transfer of accreditation certificate to other legal entities is prohibited.
      8. Lost, mutilated accreditation certificates, annexes to accreditation certificates shall be considered as invalid from the date of filing of written application (with annex of documents, approving the fact of loss, mutilating of accreditation certificate, annex to the accreditation certificate) to the accreditation body.
      Accreditation body shall effect an issuance of copy of accreditation certificate, annexes to the accreditation certificate during five business days from the date of filling of an application.
      Footnote. Article 21 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 22. Re-issuance of accreditation certificate

      1. The ground of re-issuance of accreditation certificate shall be:
      1) reorganization of the subject of accreditation;
      2) change of location of the subject of accreditation;
      3) change of the name of the subject of accreditation;
      4) an application of the subject of accreditation on expansion or reduction of the scope of accreditation.
      2. The subject of accreditation shall file an application on re-issuance of accreditation certificate with notification of new details and documents, provided by subparagraph 3) and 4) of paragraph 1 of Article 15 of this Law to the accreditation body during ten calendar days, calculated from the date of occurrence of one of the grounds of re-issuance of accreditation certificate, provided by subparagraphs 1) – 3) of paragraph 1 of this Article, as well as in the case of reduction of the scope of accreditation.
      3. Upon expansion of the scope of accreditation of the subject of accreditation simultaneously with application shall provide information on existence of relevant specialists, equipment, premises in the expansible scope, to the accreditation body.
      4. Upon re-issuance of accreditation certificate of the accreditation body shall be conducted an inspection on location of the subject of accreditation in the manner provided by Article 18 of this Law, in the cases:
      1) change of location of test, verifying, calibration laboratories (centers);
      2) expansion of the scope of accreditation.
      5. The documents on re-issuance of accreditation certificate shall be considered by the accreditation body during fifteen business days, calculated from the date of their receipts.
      In the term, provided by this paragraph, shall not be included the term of carrying on investigation on location of the subject and elimination of inconsistencies to the accreditation criteria, if they were identified by the accreditation body.
      6. In the case of positive decision, an accreditation body shall re-issue an accreditation certificate and restate the document, determining the scope of accreditation.
      7. Decision on refusal in re-issuance of accreditation certificate shall be adopted upon revelation of unreliable information, non-elimination of inconsistencies, identified in the course of investigation by the subject of accreditation within the established term, as well as detection of inconsistencies, identified upon primary inspection upon repeat inspection in the presented documents and details.
      A notification on adopted decision shall be directed to the subject of accreditation in a written form during three business days from the date of adoption decision by mail or by fax connection and shall considered as received accordingly from the date of the mark of applicant in notification on reception of postal item or on the date of sending of fax message.
      8. Validity of accreditation certificate shall not be terminated upon re-issuance.
      Footnote. Article 22 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 23.Update of materials of accreditation

      1. Update of materials of accreditation in the absence of grounds, provided by paragraph 1 of Article 22 of this Law, in the cases:
      1) introduction of amendments and (or) additions to the regulatory documents, specified in the documents of the subject of accreditation, and (or) enforcement of the new regulatory document;
      2) change o the composition of the specialists, carrying out the works on conformity assessment;
      3) change of measurement means and testing facilities.
      2. Upon updating the subject of accreditation shall file an application with foundation of the reasons of updating and two copies of documents, in which the amendments were introduced, to the accreditation body.
      3. An accreditation body shall consider the documents in the terms not more than ten business days from the date of their receipts.
      In the case of positive decision and in the absence of grounds for the re-issuance of accreditation certificate, an accreditation body shall take the introduced amendments into consideration, if it is necessary restate the document, determining the scope of accreditation, on which shall notify the subject of accreditation by mail or by fax connection and it shall be considered as received accordingly from the date of the mark of applicant in notification on reception of postal item or on the date of sending of fax message.
      4. Decision on refusal in updating of materials of accreditation shall be adopted by the accreditation body upon revelation of unreliable information and (or) information, concerning expansion of the scope of accreditation, in the presented documents and details.
      A notification on adopted decision shall be directed to the subject of accreditation in a written form during three business days from the date of adoption decision by mail or by fax connection and shall considered as received accordingly from the date of the mark of applicant in notification on reception of postal item or on the date of sending of fax message.
      Footnote. Article 23 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 24. Register of the subject of accreditation

      1. An accreditation body shall form and keep a register of the subject of accreditation.
      2. Register of the subject of accreditation shall contain the following:
      1) details, specified in paragraph 5 of Article 21 of this Law;
      2) the objects of conformity assessment, included in the scope of accreditation;
      3) surname, name, patronymic (in its existence) of the head of the subject of accreditation;
      4) the date and ground of re-issuance of accreditation certificate;
      5) the date, ground of updating of the materials of accreditation and information on updated materials of accreditation;
      6) the dates of conducting and the results of audits;
      7) the dates and grounds of revocation and return of accreditation certificate by the accreditation body;
      8) the date and ground of termination of validity of accreditation certificate;
      9) cancellation date of accreditation certificate;
      10) the date and ground of termination of accreditation certificate;
      11) a mark on issuance of the copy of accreditation certificate.
      3. Information, specified in paragraph 2 of this Article, shall be recorded in the register of the subjects of accreditation during seven business days from the date of occurrence of a ground.
      4. Information, contained in the register of the subject of accreditation, shall be public for familiarization with it of individuals and legal entities.

Article 25. An audit of the subject of accreditation

      1. An audit shall be carried out on the ground of post-accredited agreement. The first audit shall be conducted not later than twelve months after the date of primary accreditation. Follow-up audit shall be conducted at intervals of not more than once every two years, but not later than twenty-four months from the date of conducting of previous audit.
      In the case of receipt of application of individual or legal entity or the message of the state body on allowance of violations of accreditation criteria by the subject of accreditation, an accreditation body shall have a right to conduct an exception audit.
      2. The term of conducting of an audit of the subject of accreditation or its structural subdivision, located out of location of the subject of accreditation, shall not exceed five business days. The term of conducting of exception audit shall not exceed three business days.
      The total duration of an audit of the subject of accreditation, having the structural subdivision, shall not exceed twenty business days.
      3. Upon conducting of an audit, an accreditation body shall have a right to request the necessary explanations, documents and details from the subject of accreditation.
      4. The results of an audit shall be executed by the report in two copies, in which shall be specified:
      1) the date, time and place of issue of report;
      2) the date and solution number of the head of accreditation body, on the ground of which an audit was conducted;
      3) surnames, names, patronymics (in its existence) of the expert-auditors on accreditation, conducted an audit;
      4) the name of the subject of accreditation, surname, name, patronymic (in its existence), position of representative of the subject of accreditation, presented upon conducting of an audit;
      5) the date, time and place of an audit;
      6) information on results of verification, as well as on identified inconsistencies and on their character;
      7) specifications on elimination of inconsistences and on the terms of their elimination;
      8) details on familiarization or on refusal in familiarization with the report of representative of the subject of accreditation, their signature or details on refusal of the signature.
      One copy of the report shall be given in the representative of the subject of accreditation.
      An accreditation body shall consider a report during ten business days from the date of its receipt and in absence of the grounds for revocation of accreditation certificate or directions of collected materials to the authorized body in the manner provided by paragraph 2 of Article 26 of this Law, shall take an information into consideration or adopt decision on elimination of identified inconsistences to the accreditation criteria by the subject of accreditation.
      Footnote. Article 25 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication).

Article 26. Revocation, determination, cancellation, suspension, termination of the accreditation certificate

      Footnote. Title of Article 26 is in the wording of the Law of the Republic of Kazakhstan dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication).

      1. An accreditation certificate shall be revoked by the accreditation body in the following cases:
      1) existence of the written application of the subject of accreditation;
      2) identification of inconsistencies to the accreditation criteria, affecting to the reliability of results of conformity assessment;
      3) non-elimination of identified inconsistences to the accreditation criteria according to the term, established by the accreditation body;
      3-1) approval on the results of exception audit of the facts, specified in application of individual and legal entity or message of the state body, on allowance of violations of accreditation criteria by the subject of accreditation;
      4) non-elimination of identified negative results of competitive tests and (or) comparison of the results of verification, calibration of the measurement means;
      5) on the results of the monitoring of activity of the subjects of accreditation upon detection of violations of accreditation criteria and conditions of post-accredited agreement;
      6) non-presentation or presentation of unreliable data in the manner determined by the authorized body, during ten calendar days from the date of issuance of document on conformity assessment (approval) of details on electronic record of results of works on conformity assessment (approval), carrying out in accordance with the legislation of the Republic of Kazakhstan on technical regulation.
      An accreditation certificate may be revoked in a part of activity of structural subdivision of the subject of accreditation.
      Upon occurrence of the cases, provided in subparagraphs 1), 2), 3), 3-1) and 4) of the first part of this paragraph, not relating to the whole scope of accreditation certificate, an accreditation body shall make decision on temporary invalidation of a part of the accreditation scope of the subject of accreditation.
      2. In case, if there are essential elements of administrative infractions in the identified inconsistences to the accreditation criteria, an accreditation body shall direct the collected materials to the authorized body for adoption of appropriate measures during three business days, calculated from the date of identification of such inconsistency.
      3. Copy of decision on revocation of accreditation certificate shall be directed to the subject of accreditation by mail by registered mail with delivery notification during three business days from the date of adoption of decision and shall be recognized as received from the date of a mark of applicant in notification of postal or other communication organization.
      3-1. Accreditation certificate shall be considered as withdrawn from the date of obtainment of copies of decision on withdrawal of accreditation certificate by the subject of accreditation and renewed from the date of making decision by the body of accreditation on renewal of accreditation certificate, but not earlier than two months from the date of making decision on withdrawal of accreditation certificate.
      4. A subject of accreditation from the date of receipt of decision on revocation of accreditation certificate shall be obliged to take measures on elimination of identified inconsistences.
      After elimination of inconsistencies, constituted as a ground for revocation of accreditation certificate, a subject of accreditation shall represent information on their elimination in a written form to the accreditation body for adoption decision on renewal of accreditation certificate or the part of the scope of accreditation.
      If case of necessity of confirmation of details on elimination of identified inconsistencies, an accreditation body shall conduct an audit in the manner provided by Article 25 of this Law.
      Decision on renewal or refusal in renewal of accreditation certificate or a part of the scope of accreditation shall be adopted by the accreditation body during ten business days, calculated from the date of presentation of details on elimination of inconsistences by the subject of accreditation, and in the cases of conduct of an audit – from the date of its termination.
      If within the specified period an accreditation body did not notify a subject of accreditation in a written form on its own decision, then after the specified period of accreditation certificate it shall be renewed.
      5. Validity of accreditation certificate shall be terminated on the following grounds:
      1) existence of a written application of the subject of accreditation;
      2) termination of post-accreditation agreement.
      6. Cancellation of accreditation certificate shall be conducted by court in the manner established by the Laws of the Republic of Kazakhstan, upon the application of accreditation body in the case of detection of provision of false information by the applicant upon reception of accreditation certificate.
      7. Suspension, termination of accreditation certificate shall be carried out in the manner provided by the legislation of the Republic of Kazakhstan on administrative infractions.
      Footnote. Article 26 as amended by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 31-V(shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.05.2014 No. 203-V (shall be enforced upon expiry of six months after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015).

Article 27. Resolution of disputes

      1. Applicants and subjects of accreditation shall have a right to appeal the negative decisions of accreditation body on the materials of accreditation to the board of appeals.
      2. Board of appeals shall be established by the head of accreditation body.
      Composition of a board of appeals shall be formed by delegation of three representatives from accredited associations of legal entities under the authorized body in the form associations (unions), three representatives from the authorized body and one representative from the body on accreditation.
      3. Chairman and secretary of a board of appeals shall be elected by the majority of votes of its members.
      Chairman of a board of appeals shall approve position of commission, manage its activity, conduct a meeting of commission, plan its work.
      4. Board of appeals shall present conclusion on reasonableness of adopted decision to the head of accreditation body during ten business days from the date of receipt of the complaint.
      5. On the results of consideration of conclusion of the board of appeals, a head of accreditation body shall inform an applicant or the subject of accreditation, made a compliant, during three business days from the date of presentation of conclusion.
      6. Applicants and subjects of accreditation upon occurrence of disputes on issues of accreditation shall have a right to apply to a court in the manner established by the legislation of the Republic of Kazakhstan.

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

      1. Recognition of the results of accreditation, conducted by the foreign accreditation bodies in the Republic of Kazakhstan, shall be carried out on the basis of recognition of equivalence of accreditation systems, procedures and requirements, applied upon accreditation.
      2. Mutual recognition of the results of accreditation shall be carried out by conclusion of bilateral and multilateral agreements.
      3. Accreditation certificates or the documents, equivalent to them, issued by the foreign accreditation bodies, shall be recognized in the Republic of Kazakhstan in accordance with agreements, concluded with international (regional) non-state, non-governmental organizations on accreditation.

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

      Violation of the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment shall entail responsibility, established by the Laws of the Republic of Kazakhstan.

Article 30. The state control of observance of the legislation of the Republic of Kazakhstan on accreditation in the field of conformity assessment

      1. The state control of observance of the legislation of the Republic of Kazakhstan by the accreditation body on accreditation in the field of conformity assessment shall be carried out in the form of verification.
      Verification shall be carried out in accordance with the Law of the Republic of Kazakhstan “On the state control and supervision in the Republic of Kazakhstan”.
      2. The state control of observance of the legislation of the Republic of Kazakhstan by the subjects of accreditation on accreditation in the field of conformity assessment shall be carried out in the form of unscheduled verification in accordance with the Law of the Republic of Kazakhstan “On the state control and supervision in the Republic of Kazakhstan”.
      3. On the results of verification of accreditation body, an authorized body shall have a right to apply to the Government of the Republic of Kazakhstan with presentation on forfeiture of the status of accreditation body.
      Footnote. Article 30 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication).

Article 31. Final and transitional provisions

      1. This Law enters into force upon expiry of ten calendar days after its first official publication, except for paragraph 2 of Article 10, which shall be enforced from 1 July, 2009.
      2. Accreditation certificates, issued before the enforcement of this Law, shall be recognized as valid.

      The President
      of the Republic of Kazakhstan              N.Nazarbayev