Decree of the President of the Republic of Azerbaijan on additional measures to improve governance in the field of standardization, metrology, accreditation and protection of objects of patent right
10th February, 2017, 19:00
Guided by Article 32, Paragraph 32 of the Constitution of the Republic of Azerbaijan, it is necessary to ensure the stability of economic reforms, increase the quality, safety, competitiveness and export potential of products manufactured in Azerbaijan, further liberalize foreign trade, standardization, metrology, accreditation and patent right ensuring compliance with modern requirements, increasing the transparency and flexibility of the control mechanism, as well as the implementation of the measures envisaged by the Strategic Road Map of the Republic of Azerbaijan on the National Economy Perspective, approved by Decree No.1138 of the President of the Republic of Azerbaijan dated December 6, 2016 I decide:
- The Cabinet of Ministers of the Republic of Azerbaijan:
1.1. Taking into account international experience, prepare and submit to the President of the Republic of Azerbaijan a new draft law of the Republic of Azerbaijan "On Standardization" within three months;
1.2. to prepare and submit to the President of the Republic of Azerbaijan proposals on the transfer of non-food products safety control system in the consumer market, including compliance with the requirements of technical regulations during their production, in accordance with international practice, within two months of their transfer to the accredited conformity assessment bodies;
1.3. drafting of the national standardization system to the international requirements, the adoption of the national standardization system to the international requirements for the adoption of the standards referred to in national technical regulations and international standards on the basis of the European Union Directives for the 2018-2025 State Program on Standardization, Metrology and Patent Together with the State Committee within six months to submit to the President of the Republic of Azerbaijan;
1.4. after the state registration of the legal person referred to in paragraph 3.2 of this Decree, as a national standarding body, after the state registration of the legal person referred to in paragraph 3.3 of this Decree, the reciprocity of its membership in international organizations and accreditation results as its national accreditation body to carry out the measures envisaged by the legislation in connection with ensuring the conclusion of international agreements in conjunction with the Ministry of Foreign Affairs of the Republic of Azerbaijan and the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan;
1.5. following the state registration of the legal entities referred to in paragraphs 3.1-3.4 of this Decree, pursuant to Part 1 of the Decree No.1180 of the President of the Republic of Azerbaijan of December 27, 2016, Article 8 of the Law of the Republic of Azerbaijan "On the State Budget of the Republic of Azerbaijan for 2017" of the amount allocated for the division and subdivisions of the functional classification in accordance with the administrative classification of the funds provided for the State Audit Service for Technical Regulation and Standardization under the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan, the State Metrological Service and the State Accreditation Service to ensure that the said legal entity is divided into legal entities;
1.6. On the basis of the proposals of the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan, and taking into account paragraph 1.5 of this Decree, the formation of the statutory fund of the legal entities referred to in paragraphs 3.1-3.4 of this Decree;
1.7. on the basis of the proposals of the State Committee for Standardization, Metrology and Patents of the Republic of Azerbaijan, taking into account Part 5 of this Decree, the State Property of the State Service for Technical Regulation and Standardization under the State Committee for Standardization, Metrology and State Accreditation Service within three months, to submit to the legal entities and the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan;
1.8. To submit proposals to the President of the Republic of Azerbaijan within three months to approve the laws of the Republic of Azerbaijan and acts of the President of the Republic of Azerbaijan;
1.9. Inform the President of the Republic of Azerbaijan within three months of bringing the normative legal acts of the Cabinet of Ministers of the Republic of Azerbaijan to this Decree;
1.10. keep control over compliance of normative-legal acts of the central executive bodies with this Decree and inform the President of the Republic of Azerbaijan within five months;
1.11. to resolve other issues arising from this Decree.
- When drafting the draft article 1.1 of the present Decree, the following criteria shall be taken into account:
2.1. the safety requirements for products, including processes related to the products, the requirements for storage, packaging, labeling and terminology, with technical regulations and requirements for products' quality standards;
2.2. the implementation of technical regulations is mandatory for entrepreneurs and the implementation of standards that meet the requirements for product quality is voluntary;
2.3. performance evaluation (approval) of product compliance with technical regulations depending on their classification on risk groups (low, medium and high risk);
2.4. only mandatory certification of products of high risk group.
- The State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan:
3.1. within a month, the "Azerbaijan Metrology Institute" shall establish a legal person, providing access to, storage and retrieval of the state quantitative units;
3.2. to establish standards, prepare, apply, representation in international organizations in this field, as well as related services related to the application of standards, the "Azerbaijan Institute of Standardization" publika legal entity within one month;
3.3. "Azerbaijan Accreditation Center" publishes the legal personality within one month, enabling compliance with the principles and rules of accreditation, accreditation of conformity assessment bodies and implementation of representation in international organizations in this field;
3.4. to carry out the examination of the claim documents on inventions, utility models, industrial designs, trademarks and geographical indications in accordance with the procedure established by the legislation and to publish relevant information in accordance with the legislation, registering their registration, registry and relevant contracts in accordance with legislation, providing relevant security documents and certificates the Patent and Trademark Center shall, within a period of one month from the date of the filing of the Patent and Trademark Office, carry out inventory, registration of patent attorneys and other matters arising from the legal protection of the invention, utility model, industrial design, trademark and geographical indication;
3.5. to exercise the powers specified in Article 8.2 of the Law of the Republic of Azerbaijan "On legal entities" of the founder of the legal entities referred to in paragraphs 3.1-3.4 of this Decree;
3.6. from the date of the state registration of the legal entities referred to in paragraphs 3.3 and 3.4 of this Decree, the liquidation of legal entities subordinated to the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan in the fields corresponding to the directions of activity of the legal entities and their newly created property take action within three months for the transfer of legal entity to the balance of legal entities;
3.7. to resolve other issues arising from this Decree.
- It shall be established that the maintenance and maintenance of the legal persons referred to in paragraphs 3.1-3.4 of this Decree contributes to income derived from that activity (including loans, grants, technical assistance, receipt of services, access to services, etc.) account.
- The State Supervision Service for Technical Regulation and Standardization under the State Committee for Standardization, Metrology and Patents of the Republic of Azerbaijan, the State Metrological Service and the State Accreditation Service of the Republic of Azerbaijan shall be abolished from the date of the registration of the legal entities referred to in paragraphs 3.1-3.4 of this Decree and their to the legal entities and the State Committee for Standardization, Metrology and Patent of the Republic of Azerbaijan.
- The Ministry of Taxes of the Republic of Azerbaijan shall take the necessary measures for the state registration of the legal entities mentioned in paragraphs 3.1-3.4 of this Decree.
- The Ministry of Justice of the Republic of Azerbaijan shall ensure compliance of normative legal acts and normative acts of central executive bodies with this Decree to the Cabinet of Ministers of the Republic of Azerbaijan.
Ilham Aliyev
President of the Republic of Azerbaijan
Baku, February 10, 2017.
Official web-site of the President of Azerbaijan