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On Ensuring The Uniformity Of Measurements

Original Language Title: Об обеспечении единства измерений

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On ensuring the uniformity of measurements (statements of the Mejlis of Turkmenistan, 2012, no. 3-4, art. 93) this Act establishes a legal framework ensuring the uniformity of measurements in Turkmenistan.
 
CHAPTER 1. GENERAL PROVISIONS Article 1. The basic concepts used in this law for the purposes of this Act, the following basic concepts are used: 1) uniformity of measurements-State measurements, in which the results of measurements are expressed in the units admitted for application in Turkmenistan, and measurement errors are within the established borders with a specified probability;
2) ensuring unity of measurements-activities designed to achieve and maintain uniformity of measurement in accordance with the present law;
3) units units-fixed values taken per unit of data values that are used to quantify the homogeneous with them values;
4) verification of measuring instruments (hereinafter referred to as calibration) is a set of operations performed in order to confirm compliance with metrological requirements measuring instruments;
5) calibration of measuring instruments (hereinafter referred to as calibration) is a set of operations performed to determine the actual values of metrological characteristics of measuring instruments;
6) metrological certification of measuring instruments and reference materials-study of measuring instruments and reference materials to determine their suitability for use.
 
Article 2. The legislation of Turkmenistan in the area of ensuring the uniformity of measurements 1. The legislation of Turkmenistan in the area of ensuring the unity of measurements based on the Constitution and consists of this law and other normative legal acts of Turkmenistan. 
2. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
Article 3. Normative documents on maintenance of unity of measurements 1. Normative documents on maintenance of unity of measurements (hereinafter the regulations) are developed and approved in accordance with the legislation of Turkmenistan.
2. normative documents, establishing metrological rules and regulations have binding force on the territory of Turkmenistan.
 
Article 4. Financing of activities in the area of ensuring the uniformity of measurements the sources of financing for maintenance of unity of measurements are: 1) the funds of individuals and legal entities from providing paid services provided by an authorized body;
2) other means not prohibited by the legislation of Turkmenistan.
 
CHAPTER 2. STATE control and supervision in the field of ENSURING the UNIFORMITY of MEASUREMENTS Article 5. Authorities exercising State control and supervision in the field of measurements unity assurance State control and supervision in the area of ensuring the unity of measurements (hereinafter metrological control and supervision), implemented by the Cabinet of Ministers of Turkmenistan, the authorized agency, other bodies of State power and administration within the limits of their competence.
 
Article 6. Competence of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) defines a unified State policy on ensuring the uniformity of measurements;
2) publishes the normative legal acts of Turkmenistan in the area of ensuring the uniformity of measurements;
3) defines the authorized body;
4) organizes the interaction of the authorized body, other bodies of State power and administration in the area of ensuring the uniformity of measurements;
5) maintains an international cooperation programme in the field of ensuring the uniformity of measurements;
6) exercise other functions referred to it by the legislation of Turkmenistan in the area of ensuring the uniformity of measurements.
 
Article 7. Competence of the authorized body Empowered body: 1) implements a uniform State policy in the area of ensuring the uniformity of measurements;
2) performs metrological control and supervision;
3) is conducting the State Register of measuring instruments, the State Register of certified reference materials;
4) generates information Fund of normative documents;
5) defines the General metrological requirements to means, methods and results of measurements;
6) takes place on a non-reimbursable basis the compliance verification entities, individual entrepreneurs requirements of normative documents and in case of their violation applies with respect to the appropriate measures provided for by the legislation of Turkmenistan;
7) submit for the approval of the Cabinet of Ministers of Turkmenistan units units permitted for use in Turkmenistan;
8) approves State unit standards, types of measuring instruments, the types of standard samples;
9) establishes the rules of creation, approval, storage, and application of the State standards of units;
10) establishes the procedure for verification methodologies and measurement;
11) establishes the procedure for conducting calibration and metrological evaluation of measuring instruments and reference materials;
12) carries out the calibration, calibration and metrological certification of measuring instruments and reference materials;
13) is responsible for licensing in the area of ensuring the uniformity of measurements in accordance with the legislation of Turkmenistan;

14) establishes the procedure for testing of measuring instruments, reference materials, as well as the procedure for type approval of measuring instruments, the type of standard samples;
15) determines in accordance with the legislation of Turkmenistan, the rights and duties of officials carrying out metrological control and supervision;
16) defines the list of legal entities, the creation of metrological services which was obligatory, as well as regulates the creation and organization of the work of these metrological services;
17) interacts with customs, sanitary, veterinary, law enforcement and other State authorities in the implementation of metrological control and supervision;
18) is carrying out an interregional and intersectoral coordination in the area of ensuring the uniformity of measurements in Turkmenistan;
19) represents Turkmenistan in international organizations active in the field of the maintenance of unity of measurements;
20) exercise other functions referred to his competence, legislation of Turkmenistan.
 
Article 8. The competence of other organs of State power and administration and other bodies of State power and administration within the limits of their competence: 1) participate in the implementation of a uniform State policy in the area of ensuring the uniformity of measurements;
2) exercise other functions in the field of ensuring the uniformity of measurements in accordance with the legislation of Turkmenistan.
 
CHAPTER 3. FRAMEWORK FOR ENSURING the UNIFORMITY of MEASUREMENTS Article 9. Unit values 1. In Turkmenistan are permitted to use the unit values appearing in the international system of units, adopted by the General Conference on weights and measures.
2. the name, designation and rules for writing units and permitted to use multiples and dolne from them quantities, as well as scale units installed by the authorized body.
3. Unit values admitted to use in Turkmenistan, approved by the Cabinet of Ministers of Turkmenistan.
4. In some cases the notified body in consultation with the Cabinet of Ministers of Turkmenistan shall be admitted for application in Turkmenistan units units not included in the international system of units.
 
Article 10. Public unit standards 1. National standards of measurement units are used as source for playback and content (storage) units (or multiples dolne values units) with the aim of transferring them all sizes measured data values on the territory of Turkmenistan.
2. the content of the (storage) of the State standards of units, playback and transfer size units from State standards of units to the exemplary work and means of measurement, development and improvement of measurement standards base, as well as comparisons of State measurement standards with international standards of measurement units are provided by the authorized body.
3. State unit standards shall be approved by the authorized body.
 
Article 11. The means of measurement 1. Measuring instruments are technical devices intended for measurements with normalized metrological characteristics.
2. Measuring tools must provide the necessary accuracy and comply with the metrological requirements.
3. Decision on classification of technical devices to measuring instruments takes the authorized body.
 
Article 12. Methods of measurement 1. Measurements must be carried out in accordance with the methods of measurement, certification.
2. the procedure for certification of techniques of performance of measurements is established by the authority.
 
Article 13. Standard samples of materials and substances 1. Standard samples of materials and substances (hereinafter referred to as CRMs) are intended for playback, content (storage) and transmission characteristics of the composition or properties of substances (materials), expressed in values of units permitted for use in Turkmenistan.
2. Standard samples are used in the implementation of metrological control and supervision.
3. Standard samples shall be approved by the authorized body.
 
CHAPTER 4. Metrological control and supervision Article 14. The scope of metrological control and Metrological supervision control and supervision are subject to measurements, the results of which are used in: 1) the diagnosis and treatment of human diseases;
2) manufacture of medicines;
3) research works;
4) performance of works on the packaging of goods;
5) testing, verification and metrological attestation of measurement tools and standard samples;
6) providing a safe working environment, quality certified products;
7) ensuring traffic safety in all modes of transport;
8) sports registration records;
9) for trade, customs, financial-accounting, postal and tax operations;
10) carrying out geodetic and meteorological work;
11) mineral extraction;
12) storage, transportation and destruction of toxic, flammable, explosive and radioactive substances;
13) environmental monitoring Wednesday;
14) carrying out judicial, arbitral, investigative examinations.
 
Article 15. Forms of metrological control and metrological control and supervision supervision is carried out in the form of: 1) type approval of measuring instruments or type standard samples;

2) metrological certification of measuring instruments and reference materials;
3) verification and calibration;
4) checks when releasing, exploitation, storage of measuring instruments, the amount of goods sold when executing trading operations, as well as the number of prepackages in their packaging, sale and import;
5) licensing of activities in the area of ensuring the uniformity of measurements.
 
Article 16. Type approval of measuring instruments, the type of standard specimens 1. Type approval of measuring instruments, the type of standard specimens will be accorded on the decision of the authorized body on recognition of conformity type of measuring instruments, the type of standard samples of metrological requirements based on the results of the tests of means of measurements, standard samples.
2. Testing of measuring instruments and reference materials are carried out by the notified body.   
3. If there is no base for testing of measuring instruments and reference materials imported into Turkmenistan by legal entities and individual entrepreneurs, they are required to purchase for their metrological equipment testing. In some cases, the tests may be carried out by the representative of the authorized body the manufacturer of measuring instruments and reference materials.
4. the approved types of measuring instruments shall be entered in the State Register of measuring instruments approved types of standard designs in the State Register of certified reference materials.
5. the use, sale and advertising of measuring instruments and reference materials are not introduced in the State Register of measuring instruments or in State Register of certified reference materials are not permitted, with the exception of means of measurements and reference materials intended for use in residential or educational purposes.
6. the order of testing of measuring instruments, reference materials, order, type approval of measuring instruments, the type of standard samples are installed by an authorized body.
7. In some cases the authorized body upon agreement with the Cabinet of Ministers of Turkmenistan may provide other conditions for type approval of measuring instruments, the type of standard samples.
 
Article 17. Metrological certification of measuring instruments and reference materials 1. Measuring tools and standard designs outside Turkmenistan or imported in Turkmenistan, in a single copy are subject to metrological certification.



2. Metrological certification of measuring instruments and reference materials is carried out by the notified body.

3. Metrological certification of measuring instruments and reference materials can also be metrological services of legal persons. Metrological certification of reference materials is performed under an appropriate license.
4. Metrological certification of measuring instruments and reference materials shall be certified by a certificate of established sample metrological certification, its validity is determined at the time of his extradition.
5. Means of measurement and standard samples, past metrological certification, respectively are made in the State Register of measuring instruments and in the State Register of certified reference materials.
6. the order of the results of metrological certification of measuring instruments and reference materials is established by the authority.
 
Article 18. Calibration 1. Measuring instruments subject to metrological control and supervision in accordance with article 14 of this law, prior to the commencement of their operation (application), as well as after repair shall be primary verification and during operation-a periodic check.
2. Verification is carried out by the authorized body or poveritelâmi poveritelâmi of metrological services of legal persons with the appropriate license.
The procedure for certification of verification officers shall be established by the authorized body.
3. the results of the calibration are certified sign poveritel′nogo hallmarks or evidence of verification.
Sign poveritel′nogo hallmarks applied on measurement tool and (or) to the operational documentation.
Form of hallmarks, its application and the model certificate of verification by the notified body are established.
4. in case of loss or damage to the verified certificate of State poveritel′nogo hallmarks of measurement tool accepted unfit for use.
Duplicates verification certificates are not issued.
5. Means of measurement, used to monitor values without assessing their value in units with improved accuracy, verification is not provided.
Monitoring the health of these measurements is exercised by their users.
6. the list of measuring instruments subject to verification, frequency of calibration, the order of its holding shall be determined by the notified body.
 
Article 19. Calibration 1. Measuring tools, not subject to metrological control and supervision, are calibrated at the time of their release from the production in the prescribed manner by the manufacturer of these measuring instruments.
2. the need for calibration of the measuring instruments during operation as well as after their repair by the user.
3. Calibration is carried out by the notified body.  
4. the right calibration can also be granted to the metrological services of legal persons under an appropriate license with the use of measurement standards, relevant public standards of measurement units.

5. the results of the calibration are certified calibration mark put on the means of measurement or calibration certificate that specifies the valid values for the metrological characteristics. The calibration results are also recorded in the operational documents.
6. Monitor calibration carried out by metrological services of legal persons is carried out by the notified body.
7. the list of measuring instruments calibration, frequency of calibration, the order of its holding shall be defined by the notified body.
 
Article 20. Check when issuing, exploitation, storage of measuring instruments, the amount of goods sold when executing trading operations, as well as the number of prepackages in their packaging, marketing and import of 1. Check when issuing, exploitation, storage of means of measurements carried out in order to verify their compliance with metrological rules and norms.
2. Check the amount of goods sold when transactions are carried out in order to determine the mass of correctness, volume flow, or other values that characterize the quantity of these goods.
3. Check the number of prepackages in packages of any kind in their packaging, sale and import were in place to match the number of the goods contained in the packaging, the number marked on the package.
 
Article 21. Licensing in the area of ensuring the uniformity of measurements legal entities carry out the manufacture of measuring instruments, their calibration, calibration, repair, manufacturing and metrological certification of reference materials on the basis of a licence issued in accordance with the legislation of Turkmenistan on licensing.
 
CHAPTER 5. FINAL PROVISIONS Article 22. liability for violation of this law persons guilty of violating this law bear responsibility, established by the legislation of Turkmenistan.
 
Article 23. Settlement of disputes disputes arising in the area of ensuring the uniformity of measurements shall be settled in the manner prescribed by the legislation of Turkmenistan.
 
Article 24. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. Normative-legal acts of Turkmenistan are subject to adjustment in accordance with this Act in the three-month period from the date of its entry into force.
 
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat October 19, 2012 year no. 342-IV.