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Attachment 2 to the Government

Resolution No. 291 of 2018

REGULATION FOR SUPPLY TO THE MONGOLIAN MARKET AND CROSSING THE STATE BOARDER OF PRODUCTS AND SERVICES WITH CERTIFICATE OF CONFORMITY


One. General Provisions

1.1.            This Regulation regulates relations related to ensuring the quality and safety of products and services, supply of products and services with certificates of conformity to the Mongolian market and importing them across the state border within the framework of the Law on Standardization, Technical Regulation and Accreditation of Conformity Assessment.

1.2.            This regulation shall be applied to business entities, organizations and individuals engaged in production, trade and services that supply their products and services (hereinafter referred to as “products”) with the certificate of conformity to the Mongolian market and across the state border.

1.3.            Terms related to certification of conformity used in this Regulation shall be interpreted in accordance with the Law on Standardization, Technical Regulation and Accreditation of Conformity Assessment, the International Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC) guidelines.

1.4.            Business entities, organizations and individuals shall include the products specified in the “List of Products and Services Subject to Mandatory Certification of Conformity” (hereinafter referred to as the “list”) approved in Appendix 1 to this Resolution.

1.5.            Product conformity assessment shall be carried out based on technical regulations, standards and other relevant technical documents.

1.6.            This Regulation shall not apply to import of products specified in Article 4 of the Law on Quarantine Control and Inspection regarding import of animals, plants and their raw materials and products.

1.7.            When supplied to market or crossing state border conformity assessment shall not be repeated for products bearing conformity marks and similar marks, certificates and valid safety agreements approved by state administrative body in charge of standardization and technical regulation, in accordance with the Law on Accreditation of Standardization, Technical Regulation and Conformity Assessment, and recognized by Mongolia agreements with international and regional organizations and trade partners.

1.8.            This procedure may be app;ied if products not referenced in the list are specified in laws, regulations, trade and other agreements and contracts, or requested by the recipient to be supplied to the market with a certificate of conformity or for crossing the state border.

 

Two. Certificate of Conformity

2.1.     Products shall be subject to conformity assessment in accordance with the “General Procedures for Carrying Out Certification of Products and Services in accordance with a Scheme in Mongolia” approved by state administrative body in charge of standardization and technical regulation.

2.2.     The certification body shall make a decision on the request upon receipt of the application submitted by the applicant, within 10 working days.

2.3.     Products specified in the list shall be issued a certificate of conformity and a safety mark by an organization accredited and appointed in accordance with ISO IEC 17065 in accordance with Article 23.1.2 of the Law on Standardization, Technical Regulation and Accreditation of Conformity Assessment.

2.4.     Samples of alcoholic beverages and tobacco products specified in the list shall go through conformity assessment before crossing the state boarder.

2.5.     Safety marks shall be issued in accordance with the “Procedure on Form, Size and Use of Safety Marks” approved by the state administrative body in charge of standardization and technical regulation.

2.6.     Products not included in the list may be subject to conformity assessment by business entities, organizations and individuals on a voluntary basis, whilst the certification body may issue a certificate of conformity.

2.7.     A supplier's declaration issued in accordance with the “Procedure for Issuance and Registration of Supplie’sr Declarations” approved by the state administrative body in charge of standardization and technical regulation shall be valid as the certificate of conformity in accordance with Article 14.6 of the Law on Accreditation of Standardization, Technical Regulation and Conformity Assessment.

2.8.     Conformity assessment shall be carried out by a certified certification expert authorized by the state administrative body in charge of standardization and technical regulation.

2.9.     The state administrative body in charge of standardization and technical regulation shall approve the charter of the certification expert.

Three. Supply of Products to the Market and Across the State Border

3.1.Business entities, organizations and individuals shall supply products specified in the list to the market and/or bring them across the state border upon receipt of certification of conformity for their products.

3.2. The state administrative body in charge of standardization and technical regulation shall provide the following information related to Article 1.7 of this Regulation to state administrative body in charge of customs matters and central specialized inspection agency, on each occasion:

3.2.1. Certified copy of the “List of Products and Services Subject to Mandatory Conformity Assessment” approved by the Government;

3.2.2. List and introduction of accredited and appointed certification bodies;

3.2.3. Safety marks, certificates of conformity and supplier’s declaration certificates issued by accredited and appointed certification bodies;

3.2.4. Certified copies of agreements concluded with international and regional organizations and trade partners;

3.2.5. Certified conformity marks, equivalent marks and certificates agreed upon for use in agreements concluded with international and regional organizations and trading partners.

3.3. The customs and specialized inspection agency shall carry out following activities during supply of products specified in the list to the Mongolian market and to across the state border:

3.3.1. permit supply of products that meet requirements specified in this Regulation and not violating documentation requirements, to the market and/or to cross the state border;

3.3.2. prohibit passage through state border of products lacking supplier’s declaration and a valid certificate of conformity issued by the competent certification body of the exporting country.

3.4. Products not included in the listed shall be supplied to the market or imported across the state border in accordance with relevant laws and regulations.

3.5. Products related to Article 1.7 of this Regulation shall be exempt of inspection and repeated testing when supplied to the market and crossing the state border.

Four. Other

4.1. Violations related to product ccertification of conformity assurance shall be held liable in accordance with the Law on Standardization, Technical Regulation and Accreditation of Conformity Assessment.
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