Source:
LexInfoSys (University of Bremen)
Web
Site: http://www.gtz.de/LexInfoSys/
More
legislative acts are available from this source
Law
No: 60-IG
Date:
Baku, 16 April 1996
The Law
of the Azerbaijan Republic About Standardisation
The
present Law establishes legal and economic bases of standardisation in
the Azerbaijan Republic, obligatory for all executive authorities, local
self-governing bodies, enterprises, organisations, entrepreneurs (hereinafter
referred to as economic entities), as well as to public associations. State
protection of interests of consumers, governmental and economic entities
is regulated by the present Law and normative documents on standardisation,
worked and applied in compliance with it.
Chapter
I. General provisions
Article
1. Basic definitions
Standardisation
is the activity on the establishment of norms, regulations & characteristics
of production aiming at the provision of:
·
products (works, services) safety for life, health, property and environment;
·
technical, technological and data sharing, as well as mutual replacement
of products (works, services);
·
products (works, services) conformity with the available level of science,
technique and technology, increase of its competitiveness;
·
precision and unity of measurements;
·
economy of all kinds of resources;
·
safety of economic entities with consideration of probability of natural
and technology-related disasters, as well as other extraordinary situations;
·
defence facilities and mobilisation readiness of the country;
·
provision of consumers with full and reliable information about the assortment
and quality of products (works, services).
Standard
is regulating document, worked out as a result of co-operation between
interested parties and confirmed by the corresponding competent organisations
or bodies, which establish requirements to the quality and safety of products
(works, services) intended for mass consumption.
Normative
document on standardisation is
the normative legal act, reflecting general norms, regulations and characteristics
for the fulfilment and use of definite kind of activity or its results.
International
standards are the standards, norms, regulations and recommendations,
adopted and used by the majority of world states.
Regional
(basin) standards are the standards, norms, regulations and recommendations
adopted and used by a group of regional (basin) states, fulfilling technical
- economic co-operation.
Intergovernmental
standards are the standards, norms, regulations and recommendations,
adopted with mutual consent and used in the corresponding relations of
two states.
National
standards are the standards, norms, regulations and recommendations,
worked out and used on the territory of a separate independent state.
Article
2. Legislation of the Azerbaijan Republic about standardisation
Legislation
about standardisation is composed of the present Law and issued with compliance
with it other legislative acts of the Azerbaijan Republic.
Grounds
of the standards of construction, staple foods, other consumer goods and
products (works, services) are fixed by the laws of the Azerbaijan Republic.
Article
3. International treaties
If
otherwise provided by the international treaties of the Azerbaijan Republic
as compared with provisions of the present Law, the regulations of international
treaties are applied.
Article
4. The organisation of works and management of standardisation
1.
The organisation of works and management of standardisation include elaboration
and application of normative documents on standardisation, provision of
consumers with full and reliable information about these documents, development
of standardisation system, determination of rules for application of international
standards in the Azerbaijan Republic and branch peculiarities of standards,
carrying out of control measures over the following of standards requirements,
preparation and improvement of qualification of the personnel in the filed
of standardisation, financing of mentioned works and other measures.
2.
The organisation of works and state management of standardisation is to
be carried out according to the present Law by the corresponding executive
body within the limits of its authority.
3.
The co-ordination of the activity of executive authorities, as well as
economic entities and public associations of the Azerbaijan Republic in
the field of organisation and management of standardisation is to be provided
by the corresponding executive standardisation body.
With
the aim of fulfilment of the said co-ordination the state standardisation
system is applied in compliance with the present Law and other normative
and legal standardisation acts. State standards, comprising this system
establish general organisation and technical rules for standardisation
works, forms and methods of relations between the economic entities themselves
and with the executive authorities.
4.
Acknowledgement and application of international (regional) and intergovernmental
standards, norms, rules and recommendations on standardisation is to be
fulfilled in the order, fixed on the basis of corresponding executive authority
requirements, stipulated by the article 1 of the present Law, unless otherwise
provided international treaties of the Azerbaijan Republic.
Executive
bodies, enjoying appropriate authorities represent the Azerbaijan Republic
in the international organisations and negotiations on standardisation.
Chapter
II. Normative documents on standardisation and their application
Article
5. Normative documents on standardisation and requirements to them
1.
Normative documents on standardisation, which are elaborated and applied
on the territory of the Azerbaijan Republic in cases, order and on conditions,
fixed by the present Law include:
·
state standards of the Azerbaijan Republic;
·
directories of technical, economic and social information;
·
branch standards;
·
international (regional) and intergovernmental standards, norms, rules
and recommendations applied in the established order;
·
technical conditions;
·
standards of enterprises;
·
standards of scientific-technical, engineering societies and other public
associations.
2.
The corresponding body of the executive authority of the Azerbaijan Republic
provides common state registration and account of normative documents,
included into standardisation system, setting up of Republican and branch
funds of these documents.
3.
Requirements, set by normative documents on standardisation are to be based
on international standards, norms, rules and recommendations on standardisation,
progressive national standards of other states, modern scientific, technical
and technological achievements, take into account conditions of products
use, works fulfilment and service rendering, labour conditions and regimes
and not to infringe provisions, established by the legislation of the Azerbaijan
Republic.
Article
6. State standards, directories of technical-economic and social information
1.
State standards are worked out for products (works, services) with the
prospects of mass reproduction and utilisation.
2.
State standards of the Azerbaijan Republic include obligatory and recommendatory
requirements.
Obligatory
requirements include:
·
requirements on the safety of products (works, services) for health, life,
property and environment;
·
requirements on technical, technological and information concurrency and
mutual replacement of products (works, services);
·
general consumer characteristics of products (works, services), methods
of their control, packaging rules, marking, transportation, storage and
utilisation of production;
·
requirements about products (works, services) conformity with the level
of scientific, technical and technological development;
·
requirements of safety and production sanitary of goods (works, services);rules
of preparation of technical documentation on products (works, services),
rational use of all kinds of resources during the production, utilisation,
execution of works and rendering of services;
·
other standardisation requirements, fixed by state standards.
Obligatory
requirements of state standards are to be followed by all executive authorities
and economic entities, the corresponding standards influence spreads on.
In
cases when it is necessary for the protection of interests of the Azerbaijan
Republic and increase of competitiveness of local products (goods, services)
the preliminary requirements on the prospects, outpacing scopes of traditional
technologies may be foreseen in standards.
3.
Requirements set by state standards must not contradict the legislation
of the Azerbaijan Republic.
4.
Recommendatory requirements of state standards must be unconditionally
executed:
a)
if it is stipulated by the acts of legislation;
b)
if the manufacturer (supplier) stated conformity of products with the requirements
in question.
5.
Conformity of products (works, service) with the requirements of state
standards is provided in the order, fixed by the legislation of the Azerbaijan
Republic about certification of products, works, services. Conformity of
products, works and services with the requirements of state standards may
be confirmed by their marking.
Provision
of products (works, services) conformity with state standards requirements,
rules of marking, issue of appropriate permission (license) about marking
of products to economic entities are to be registered in the legally applied
order in the corresponding executive standardisation body and the state
register of mentioned works is to be kept.
6.
It is not permitted to output, import, sell, use and production of goods
(works, services), not corresponding to the requirements of state standards
of the Azerbaijan Republic or requirements of international, regional (basin),
intergovernmental standards applied on the territory of the Azerbaijan
Republic, as well as standards of other states in relation to safety of
life, health, property and environment.
7.
State standards are put into effect after their state registration in the
corresponding executive standardisation body in the legally applied order.
8.
With the aim of operative management and spreading of technical, economic
and social characteristics of products (works, services) conformity with
standards requirements the appropriate directory of technical, economic
and social information is elaborated.
9.
Elaboration and adoption of state standards, development and keeping (as
well as put into effect) of directories of technical, economic and social
information is to be carried out in the order, fixed by the system of standardisation,
corresponding executive standardisation body of the Azerbaijan Republic.
Article
7. Branch standards, technical conditions, standards of enterprises, standards
of scientific - technical, engineering societies and other public associations
1.
Branch standards and technical conditions can be elaborated and adopted
by the corresponding executive bodies within the limits of their authority
with the aim of provision of standardisation requirements to economic entities,
producing goods of certain kind (executing works, rendering services) with
one and the same consumer and functional purpose independently of organisation
and legal forms as well as property types.
The
normative documents in question are prepared as applicable for products
(works, services), on which state standards have not been elaborated, and
in case of necessity for strengthening or increase in requirements of state
standards in force.
Branch
standards and technical conditions, elaborated with the aim of strengthening
of operating state standards are to comply with the obligatory requirements
of state standards and in all cases these normative documents must not
contradict to the interests of citizens and the state.
The
order of preparation, adoption, registration, application, amendments and
cancellation of documents in question is determined by the normative legal
acts of corresponding executive authorities of the Azerbaijan Republic
under legislation.
Corresponding
state executive authorities, adopted mentioned normative documents are
to be responsible for their conformity with the requirements of state standards.
2.
Standards of enterprises can be independently elaborated and confirmed
by enterprises with the aim of ensurance of state standards' requirements
and improvement of production organisation and management.
3.
Standards of scientific, technical, engineering societies and other public
associations can be adopted by these public associations for spreading
and use of knowledge in different fields and public activity, results of
investigations, experiments, tests and researches.
4.
The order of elaboration, confirmation, account, re-consideration, amendments
and cancellation of standards of economic entities is to be determined
by them under the present Law.
Standards
of economic entities and public associations must not be detrimental to
life, health, property and environment.
Economic
entities or public associations adopting the standards of economic entities
and public associations are to be responsible for their conformity to the
requirements of state standards.
5.
The information about branch standards, technical conditions, standards
of enterprises, scientific-technical, engineering societies and other public
associations is to be sent not later than one month period after their
confirmation to the corresponding state data bank, set up by the executive
standardisation body under legislation with the aim of operative management
and data provision of standardisation system.
Article
8. Application of normative documents on standardisation
1.
Normative documents on standardisation are applied by the corresponding
executive authorities and economic entities during the stages of development,
preparation of products for output, its production, sale (delivery), initial
and secondary use (operation), storage, transportation and utilisation,
fulfilment of works and rendering of services, as well as during their
adoption, preparation of technical documentation (engineering, technological,
design), technical conditions and catalogue cards on the products supplied
(services rendered).
2.
All customers and executors are bound to include provision about conformity
of products (works, services) with obligatory requirements of state standards
into the concluded contract.
3.
The necessity for application of requirements of normative standardisation
documents to products (works, services), output (fulfilled, rendered) on
the territory of the Azerbaijan Republic with the purpose of its export,
is to be determined by the appropriate treaty (contract), unless otherwise
provided by the legislation.
4.
The confirmation or acknowledgement of conformity of products, works and
services imported to the Azerbaijan Republic, including food staff, medicines
or other products, works and services intended for population, with obligatory
requirements of state standards is to be carried out in the order, envisaged
by the legislation of the Azerbaijan Republic.
Article
9. Information about normative standardisation documents, their publication
and distribution
1.
The access to official information about prepared and adopted state standards,
directories of technical, economic and social information and the documents
themselves (if they do not represent state or commercial secret) is to
be ensured to the citizens of the Azerbaijan Republic, foreigners and persons
without citizenship, as well as legal entities.
2.
The corresponding executive standardisation body organises publication
of official information about state standards, technical conditions, branch
standards, directories of technical, economic and social information in
the Azerbaijan Republic, international (regional) and intergovernmental
standards, norms, rules and recommendations on standardisation, national
standards of foreign states, international (regional) and intergovernmental
treaties on standardisation, as well as rules of their application. The
state bank of this information and normative standardisation documents
is to be set up in the order, fixed by the corresponding executive body.
3.
Corresponding executive authorities and economic entities, confirmed and
adopted within their authority the normative standardisation documents,
create and keep the data funds of the documents in question, provide customers
with information about the funds and documents on the contractual basis.
4.
The list of state standards, directories of technical, economic and social
information, as well as data, contained in the Republican catalogue of
products (works, services), marked with a sign of conformity with state
standards, are to be published only by the executive standardisation body.
Chapter
III. State control over the observance of standards requirements
Article
10. Organisation of state control
1.
State control over observance of state standards and other normative documents
on standardisation is carried out to protect the rights and interests of
consumers, states and economic entities, stipulated by the legislation,
by means of ensurance of products quality (works, services) conformity
with the requirements of normative documents on standardisation.
2.
State control carried out to provide the observance of standardisation
requirements is to be fulfilled on the basis of plan, confirmed by the
corresponding executive standardisation body not more than twice a year,
excluding cases stipulated by the legislation and standards, to satisfy
claims and requests of consumers on the stage of normative standardisation
documents application to products (works, services), which may be detrimental
to the life, health and property, as well as environment.
3.
Economic entities and their officials are bound to ensure all conditions,
necessary for the execution of state control.
4.
State control over observance of standards requirements, as well as rules
of their preparation, adoption, confirmation and application are to be
carried out with maximum use of modern technical means by officials, possessing
appropriate authorities. The order of execution of state control in the
field of standardisation is determined by the corresponding Provision,
confirmed by law.
Article
11. Rights of state control bodies on standardisation
State
control bodies are entitled to the following in the field of standardisation
within the limits of their authority and in the legally established order:
·
free access to official and production premises of economic entities;
·
receipt of data and documents, necessary for the execution of state control
from economic entities;
·
gratuitous use of material-technical means and experts of economic entities
during the execution of state control;
·
taking of probes and samples of products (works, services) in accordance
with operating normative standardisation documents with the aim of determination
of their conformity with standards requirements;
·
direct official claims about elimination of found infringements to the
corresponding economic entities;
·
issue of orders about ban or suspension of production, fulfilment or use,
about removal from turnover (sale) or recall of products (works, services)
from consumers, which may be detrimental to life, health, property or environment
in case of their full non-conformity with standards requirements;
·
making decisions about prohibitions of products(works, services) sale in
case of non-execution of claims and orders, as well as deviation of economic
entity from the delivery of products (works, services) for state control;
·
banning of sale of imported products and rendering of imported services,
which have not come through state registration in the order, fixed by the
legislation of the Azerbaijan Republic and corresponding state standards,
and may be detrimental to life, health, property and environment;
·
application of sanctions to economic entities and their officials for infringements
of state standards' requirements in the legally fixed order;
·
sending of materials to the Economic court, common court or law-enforcement
bodies to take measures, stipulated by the legislation of the Azerbaijan
Republic in case of non-fulfilment of claims, orders or resolutions in
due terms and repeated infringement of state standards' requirements by
economic entities.
In
case of infringement of orders and resolutions about ban or suspension
of realisation (delivery, sale) of products, fulfilment of works and rendering
of services the fines are to be applied to economic entities in the legally
fixed order.
Article
12. Responsibility for the infringement of legislation about standardisation
1.
Corresponding executive authorities, local self-governing bodies and economic
entities, as well as public associations bear responsibility for infringement
of legal requirements about standardisation in accordance with the present
Law and other legislative acts of the Azerbaijan Republic.
2.
According to the legislation of the Azerbaijan Republic bodies, executing
state control over the observance of state standards requirements and their
officials bear administrative, civil and criminal responsibility for non-fulfilment
or undue fulfilment of their duties, exceeding the limits of authorities,
disclosure of state or commercial secret, allowance of ungrounded audits
and intrusions, resulted in damage as well as infringement of legislation
about standardisation.
3.
Disputes, arisen during the fulfilment of legal requirements about standardisation
are to be solved in court.
Chapter
IV. Financing of works on state standardisation and state control
Article
13. Works on state standardisation, financed from budget
The
following works on standardisation are financed from budget in the Azerbaijan
Republic:
·
elaboration, publication, distribution and sending out of state standards
and other normative documents to interested users, fixing requirements
to products (works, services) in relation to its safety for life, health,
property as well as environment;
·
elaboration and (or) participation in elaboration of international (regional)
and intergovernmental standards, norms, rules and recommendations on standardisation;
·
participation in the work of international (regional) and intergovernmental
bodies of standardisation;
·
elaboration of draft normative legal acts on concrete projects of standardisation,
as well as elaboration and management of organisational, methodical and
general technical systems and complexes of standards;
·
conducting of scientific and investigation works on standardisation;
·
organisation of state control over the observance of state standards requirements;
·
compiling, maintaining and keeping of special State register and catalogue
of funds of operating state standards, other normative standardisation
documents of the Azerbaijan Republic in the order fixed by the corresponding
executive body, as well as international (regional) and intergovernmental
standards, norms, rules and recommendation on standardisation, national
standards of foreign states;
·
other works on standardisation, carried out by the executive power bodies,
having correspondent authorities, related with taking of measures on standardisation,
being of state significance.
Article
14. Sources of financing of state standardisation
Financing
of works, conducted according to the state standardisation system is carried
out at the expense of following sources in the Azerbaijan Republic:
·
budget means;
·
means, obtained from rendering of services on standardisation (sale of
publications, data and recommendations);
·
means, allocated for normative provision of certain state programs and
projects;
·
means, directed to pay normative expenditures for the ensurance of products
(works, services) quality, as well as other standardisation requirements;
·
part of means, obtained from the application of sanctions and fines, determined
by the legislation;
·
gratuitous and charitable contributions.
The
President of the Azerbaijan Republic
Heydar
Aliyev.
Baku,
April 16, 1996.
¹
60-IG.
|