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LAWS
17.07.2014

Law on Accreditation in the field of Conformity Assessment

 

According to the point 24 of the part I of the Article 94 of the Constitution of the Republic of Azerbaijan, this Law shall determine legal and organizational basis for accreditation of the bodies operating in the field of conformity assessment. 

 

Article 1. Main definitions

1.0. For the purposes of this Law, the following of definitions shall be used:

1.0.1. conformity assessment – assessment of goods (services, works), process and management system in accordance with the requirements of technical regulations and other normative legal acts determining compliance

1.0.2. accreditation in the field of conformity assessment (hereinafter - accreditation) –

conformation by the accreditation body of compliance to the accreditation requirement of body in order to function in the field of conformity assessment

1.0.3. conformity assessment body – natural and legal persons conformity assessment organizations goods (services, works), process, management system and personnel in accordance with the relevant standard, the requirements of technical regulations and other normative legal acts to ensure

1.0.4.  accreditation requirements – requirements defined in the technical normative and legal  acts  for the implementation of the accreditation

1.0.5. accreditation body - relevant executive power body which carries out the accreditation

1.0.6. accreditation certificate –  document which is important for confirming authority for the implementation of the activity of conformity assessment and for using in accreditation mark

1.0.7. accreditation mark - mark which is used for showing that the conformity assessment body is accredited

1.0.8. Test - technical operation on the determination of the appropriateness of goods (services, works), which are indicated on the relevant standard, technical regulation and other normative legal act

1.0.9. certification – conformation of the compliance with the requirements of goods (services, works), process, management system, personnel by the conformity assessment body which are indicated on the relevant standard, technical regulation and other normative legal act in written or electronic form

1.0.10. inspection body - body which is determined the compliance with the requirements of goods (services, works), process, management system, personnel which are indicated on the relevant standard, technical regulation and other normative legal act by giving feedback

1.0.11. management system - set of procedures and processes used to achieve a specific goal. According to this Law, the management system covers the management systems of quality, environment, the protection of labor and health, food, and information security and social responsibility

1.0.12. standard material producer - entity which is responsible for the determination of characteristics of the standard materials produced and supplied

 

1.0.13. register of conformity assessment bodies - collection of information for the accredited conformity assessment bodies.

 

Article 2 – Scope of the Law

This Law shall apply to the following conformity assessment bodies: 

  • Testing laboratories;
  • certification bodies of goods (services, works);
  • Management systems which provided by certification bodies;
  • Personnel certification bodies;
  • Inspection bodies;
  • Reference material producers;

According to the Law of the Republic of Azerbaijan “On ensuring uniformity of measurements” accreditation shall be required for bodies implementing works and (or) rendering services on ensuring of uniformity of measurements.

The accreditation of bodies dealing with conformity assessment activity of goods (services, works), process and staff which mandatory conformity assessment is required in technical regulation and other normative legal act and According to the Law of the Republic of Azerbaijan “On ensuring uniformity of measurements” accreditation required bodies for implementing works and (or) rendering services on ensuring of uniformity of measurements.

 

Article 3. The legislation of the Republic of Azerbaijan on Accreditation

 

The legislation of the Republic of Azerbaijan on Accreditation consists of the Constitution of the Republic of Azerbaijan, this Law, the international agreements to which Republic of Azerbaijan is a party and other normative legal acts regulating the accreditation field of the Republic of Azerbaijan.

 

Article 4. The principles of accreditation

 

4.0. The accreditation is based on the following principles:

4.0.1. Legality;

4.0.2. Impartiality;

4.0.3. Transparency and openness to public;

4.0.4. Independence in its activity;

4.0.5. Protection of commercial secret;

4.0.6. Professionalism;

4.0.7. Representation of  public interest;

4.0.8. Representation of interested parties;

4.0.9. Conformity with international accreditation rules;

4.0.10. Inadmissibility of accreditation and conformity assessment activities at the same time;

Article 5. Implementation of accreditation

 

5.1. The accreditation, taking into account the requirements of this Law, shall be conducted in accordance with the rules of accreditation.

5.2. The accreditation covers the following stages;

5.2.1. application of the conformity assessment body;

5.2.2. evaluation by accreditation body conformity assessment to accreditation requirements;

5.2.3. adoption of a final decision by the accreditation body.

5.3. The documents provided for the accreditation in accordance with Article 5.4 of this Law shall be attached to the application.

5.4. The accreditation rules for conformity assessment body activities provided for in Article 2.1 of this Law shall be determined by relevant executive power body and shall be posted at the internet information resources of accreditation body.

 

Article 9. The accreditation of conformity assessment bodies of foreign countries in the Republic of Azerbaijan. The Accreditation outside of the territory of the Republic of Azerbaijan

 

9.1. The conformity assessment bodies of foreign countries in order to implement the conformity assessment activities in the territory of the Republic of Azerbaijan, if not otherwise is specified in the international agreements to which the Republic of Azerbaijan is a party, shall be accredited according to this Law.

9.2. According to the international agreements on the mutual recognition of the accreditation results, to which the Republic of Azerbaijan is a party, the conformity assessment bodies of foreign countries shall agree its conformity assessment activities in the territory of the Republic of Azerbaijan with the accreditation body in accordance with the rule determined by relevant executive power body. The conformity assessment body of foreign country if accredited in accordance with this Law, its activity shall be deemed to be agreed with the accreditation body.

9.3. In the case when the conformity assessment body established in the Republic of Azerbaijan is recognized at the international level, if not otherwise is specified in the international agreements, to which the Republic of Azerbaijan is a party, they shall be accredited in the Republic of Azerbaijan, according to this Law.

9.4. If the conformity assessment body of foreign country is accredited or its activity is agreed according to this Law, it shall use national accreditation mark in its activity implemented in the Republic of Azerbaijan. Along with national accreditation mark that body shall be free to use foreign accreditation mark.

 

Article 10. Control over the activities of the accredited  conformity assessment body

 

10.1. The control over the compliance with the accreditation requirements of the conformity assessment body shall be conducted by the accreditation body once a year as well as in the case of complaint.

10.2. In the case when the conformity assessment body does not meet the requirements of accreditation, the decision on the temporary suspension of the accreditation shall be taken by the accreditation body and within notification shall be submitted (sent) to the body for elimination of the omissions.

10.3. Non-elimination of omissions within the period specified in the notification, depending on the nature of the omissions, shall be a basis for canceling of accreditation certificate.

Article 11. International cooperation in the field of accreditation

 

The international cooperation in the field of accreditation shall be carried out in accordance with international agreements to which the Republic of Azerbaijan is a party.

 

Article 12. Responsibility for the infringement of the Law

 

 The persons violating the requirements of this Law, shall bear responsibility under the Code of Administrative Offences of the Republic of Azerbaijan, the Criminal Code of the Republic of Azerbaijan and the Civil Code of the Republic of Azerbaijan.

 

Article 13. Transitional Provisions

 

13.1. This Law shall enter into force after 3 months of its publication day.

13.2. Until to entry into force of this Law, the accreditation certificate issued by relevant executive power body shall be valid until its expiration.