About Standardization

Original Language Title: О стандартизации

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On Standardization (statements of the Mejlis of Turkmenistan, 2012, no. 3-4, art. 94) this Act establishes the legal and organizational framework for standardization 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) standardization activities for establishing rules, regulations and specifications regarding the products (works, services), its processes of development, production, sale, exploitation (use), storage, transportation;
2) normative documents on Standardization (hereinafter the regulations)-documents containing rules, requirements, general principles, specific characteristics for activities or their results;
3) standardization objects-products (works, services), its processes of development, production, sale, exploitation (use), storage, transportation requirements, measurement methods and results, the accuracy of their implementation, as well as the terms and definitions used in the field of standardization.
 
Article 2. The legislation of Turkmenistan in the field of standardization 1. The legislation of Turkmenistan in the field of standardization is 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. The scope of this law 1. This law regulates relations arising from activities in the area of standardization.
2. This law shall not apply to standards in the fields of education, communication, defence and security of the State, health, statistics and accounting, auditing, banking, securities, construction norms and rules, the scope of which is set by the legislation of Turkmenistan.
 
Article 4. Standardization standardization Objectives objectives are: 1) the protection of interests of natural and legal persons from the products (works, services), not corresponding to requirements of normative documents;
2) providing technical, technological and information compatibility and interchangeability of production (works, services);
3) security products;
4) compliance with the requirements established by the regulations;
5) ensuring rational use of material resources;
6) improving the quality and competitiveness of products (works, services) taking into account advances in science and technology.
 
Article 5. Organization of standardization 1. Organization of works on Standardization includes the development and application of normative documents, legal entities and individual entrepreneurs, complete and reliable information in the field of standardization, determination of the rules of international and intergovernmental (regional) standards in Turkmenistan.
2. Organization of works on standardization in accordance with this law authorized body in the sphere of Standardization (hereinafter referred to as the authorized body), the standardization of the legal persons and the technical committees for standardization.
3. How to create services for legal entities and standardization technical committees for Standardization is established by the authority.
 
Article 6. Financing funding sources for Standardization standardization are: 1) the funds of legal persons and individual entrepreneurs from giving them paid services by the notified body;
2) other means not prohibited by the legislation of Turkmenistan.
 
CHAPTER 2. STATE control and supervision in the field of standardization of Article 7. Authorities exercising State control and supervision in the field of standardization of State control and supervision in the field of standardization 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 8. Competence of the Cabinet of Ministers of Turkmenistan Cabinet of Ministers of Turkmenistan: 1) defines a uniform State policy in the field of standardization;
2) publishes the normative legal acts of Turkmenistan in the field of standardization;
3) defines the authorized body;
4) maintains an international cooperation programme in the field of standardization;
5) exercise other functions referred to his competence, legislation of Turkmenistan in the field of standardization.
 
Article 9. Competence of the authorized body Empowered body: 1) implements a uniform State policy in the field of standardization;
2) approve State standards and make changes to them, carries them to state registration, enacts and repeals laws;
3) implements the State registration of technical specifications and changes thereto;
4) in accordance with the established procedure publishes national standards, technical conditions, as well as alterations;
5) establishes the procedure for the use on the territory of Turkmenistan of international, intergovernmental (regional) standards, other normative instruments adopted by foreign States;
6) leads state register standards, State Register of technical conditions;
7) forms the Fund of normative documents;
8) carries out interpretation of normative documents;

9) conducts, on a grant basis, to oversee the observance of legal entities and individual entrepreneurs of the requirements of normative documents and in case of their violation applies with respect to the appropriate measures provided for by the legislation of Turkmenistan;
10) sets the rules for creating and maintaining a catalog of normative documents;
11) in accordance with the legislation of Turkmenistan establishes the rights and obligations of officials exercising control and supervision in the field of standardization;
12) interacts with customs, sanitary, veterinary, law enforcement and other State authorities in the exercise of control and supervision in the field of standardization;
13) represents Turkmenistan in international organizations active in the field of standardization;
14) exercise other functions referred to his competence, legislation of Turkmenistan.
 
Article 10. 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 field of standardization;
2) interact with the notified body, customs, sanitary, veterinary, law enforcement authorities in exercising control and supervision in the field of standardization;
3) shall develop, adopt (take), register, repeal regulations amend them;
4) exercise other functions in the field of standardization, stipulated by the legislation of Turkmenistan.
 
Chapter3. REGULATIONS Article 11. Categories of normative documents 1. On the territory of Turkmenistan there are the following categories of normative documents: 1) State standards;
2) international standards;
3) Interstate (regional) standards;
4) technical conditions;
5) industry standards;
6) standards of enterprises;
7) rules, regulations, instructions, guidelines, standards and recommendations.
2. On the territory of Turkmenistan may also be allowed to apply standards of foreign countries in the order established by the authorized body.
 
Article 12. Normative documents requirements 1. Regulations should be based on the international, intergovernmental (regional) standards, rules, regulations and recommendations on standardization, progressive standards of foreign countries, modern scientific and technical and technological developments, take into account the conditions of use of the products (works, services).
2. normative documents regarding the products (works, services) should contain requirements for the processes it development, production, sale, exploitation (use), storage, transportation, methods of monitoring these requirements, labelling and packaging of products (works, services).
  3. development, manufacture, sales, maintenance (use), storage, transportation and repair of products, performance of works (services) without the relevant normative documents or in violation of requirements of normative documents, are not allowed.
 
Article 13. State standards and specifications 1. State standards and specifications are developed by the notified body, legal entities and individual entrepreneurs, services on the standardization of legal entities, the technical committees for standardization.
2. State standards approved by the authorized body.
3. Technical conditions approved by legal entities and individual entrepreneurs, developed them.
The persons concerned shall be entitled to apply the technical conditions of legal persons and individual entrepreneurs with their consent, certified by a notary.
4. State standards set requirements for homogeneous groups of products (works, services), where necessary, requirements for specific products (works, services), providing technical unity in the development, production, sale, exploitation (use), storage, transportation of goods (works, services) and the relevant technical rules and norms.
5. Technical specifications establish requirements for specific goods (works, services) or multiple types of products (works, services) and should not be below the level of State standards.
6. State standards and technical conditions should contain: 1) safety of products (works, services), its processes of development, production, sale, exploitation (use), storage, transportation, stipulating the impermissibility of risk of harm (harm) to human life and health, natural Wednesday;
2) main characteristics of products (works, services), the methods of their control, packaging requirements, labelling, sale, exploitation (use), storage and transportation of goods (works, services);
3) rules and regulations, to ensure the technical and informational unity in the development, production, maintenance (use of) goods (works, services), including the rules of drawing up the technical documentation, quality assurance of products (works, services), management of all kinds of resources, terms and their definitions, symbols, metrological and other General and technical and organizational rules and regulations;

4) requirements for technical and information compatibility and interchangeability of products (works, services).
In State standards and technical conditions of legal entities and individual entrepreneurs can also be provided and other requirements to the products (works, services).
7. the requirements of State standards and technical regulations are mandatory for all legal persons and individual entrepreneurs engaged in the development, production, implementation, maintenance (use), storage, transportation of goods (works, services).
8. the procedure for development, approval, registration, modification and cancellation of State standards and technical conditions set by the authorized body.
 
Article 14. Industry standards and enterprise standards 1. Industry standards and enterprise standards are developed and approved (accepted) by legal entities and individual entrepreneurs, producing products (works, services) of a certain type and the same consumer and functional purpose.
2. Industry standards are being developed for those types of products (works, services), which have not established national standards.
Industry standards can also be developed with the necessary restriction of State standards, if this prevents the deterioration of quality performance indicators set by State standards.
3. Enterprise Standards are being developed for goods (works, services) for which no appropriate public or industry standards.
4. information about industry standards and enterprise standards no later than 30 calendar days after their adoption (adoption) is sent to the competent authority.
5. the procedure for development, approval, registration, modification and cancellation as well as industry standards and enterprise standards set State standard, approved by the authorized body.
Article 15. International, intergovernmental (regional) standards, standards of foreign countries 1. International standards approved by the International Organization for standardization.
2. Interstate (regional) standards approved by the Interstate (regional) Standardization Organization.
3. International, Interstate (regional) standards, standards of foreign States are applied on the basis of international agreements (contracts) on cooperation agreements, as well as the authorized body with relevant international and regional standardization organizations.
 4. registration and enforcement of international, intergovernmental (regional) standards, standards of foreign countries shall be made in accordance with the procedure established by the authorized body.
 
Article 16. Rules, regulations, instructions, guidelines, standards and recommendations 1. Rules, regulations, instructions, guidelines, standards and recommendations are developed and approved (accepted) by legal entities and individual entrepreneurs, producing products (works, services).
2. the procedure for development, approval, registration, modification and cancellation rules, regulations, instructions, guidelines, standards and recommendations set by the authorized body.
 
Article 17. Fund of normative documents 1. For information available to users authorized body forms the Fund of normative documents and undertakes: 1) safekeeping of State standards, technical conditions, past State registration, as well as industry standards and enterprises;
2) acquisition and storage of international and intergovernmental (regional) standards, rules, regulations, instructions, guidelines, standards and recommendations, standards of foreign countries.
2. Legal entities and individual entrepreneurs, affirmed (accepted) within the limits of their competence, normative documents, form and lead information collections these documents, as well as providing users with information about them.
 
Article 18. Publication and dissemination of normative documents 1. Exceptionally right of official publication of the international and intergovernmental (regional) standards, standards of foreign countries, adopted for use in Turkmenistan, as well as State standards and technical conditions that have passed the State registration, belongs to the competent authority.
2. Natural and legal persons shall be ensured free access to official information on the adopted normative documents, as well as to the documents if they do not constitute a State or commercial secret.
 
CHAPTER 4. FINAL PROVISIONS Article 19. Liability for violation of this law persons guilty of violating this law bear responsibility, established by the legislation of Turkmenistan.
 
Article 20. Settlement of disputes disputes arising in the area of standardization shall be settled in the manner prescribed by the legislation of Turkmenistan.
 
 
Article 21. The entry into force of this law 1. This law shall enter into force on the day of its official publication.

2. Abrogating the law of Turkmenistan "on standardization and Metrology", adopted by the Majlis of Turkmenistan October 1, 1993 GODA (Statements of the Mejlis of Turkmenistan, 1993, Nos. 9-10.61), all subsequent laws or their relevant parts, which made changes and additions.
3. 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. 343-IV.
 

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