HOUSE OF REPRESENTATIVES OF THE CROATIAN PARLIAMENT 1068
On the basis of Article 89 of the Constitution of the Republic of Croatia I have brought a DECISION TO PROMULGATE THE LAW ON STANDARDIZATION.
I hereby promulgate the Law on Standardization passed by the House of Representatives of the Croatian Parliament at its session held on 28 June, 1996.
Zagreb, 2 July, 1996
President of the Republic of Croatia
Franjo Tuđman, Ph.D.
LAW ON STANDARDIZATION
I. GENERAL PROVISIONS
* Article 1
(1) This Law regulates the system of standardization; basic requirements for products, processes and services; the system of conformity assessment; the documents required for products in circulation; adoption of regulations for the implementation of this Law; as well as the supervision of its implementation.
(2) The systems, basic requirements, regulations and standards specified in Item 1 of this Article shall be adopted and issued to ensure:
1. The development of the Croatian market, removal of technical barriers in the trade and services turnover with foreign countries, and an unimpeded participation of the republic of Croatia in the international economic flows;
2. Protection of the life and health of people, protection of the environment, as well as other goods or values obtained from nature or created by man;
3. Protection of product and service users,
4. Typification and standardization of products, processes and services and reasonable utilization of natural goods and energy,
5. Data processing as well as a quick, accurate and easily comprehensible notification and data transmission.
* Article 2
(1) The standardization system in the sense of this Law implies the preparation, issuing, publishing, and implementation of standards in the Republic of Croatia.
(2) A standard is a document indicating the general and multiple-use rules, instructions and characteristics of products, services and related processes for the purpose of achieving the highest level of regulation, unless otherwise stipulated by this Law.
* Article 3
In the sense of this Law:
1. Products are raw materials, semi-products, parts, assemblies, finished industrial and SMES products, agricultural and food products, soft and alcoholic drinks, natural substances, spices, seeds and planting material of agricultural and forest plants, buildings, plants, apparatus, equipment, and other means of production.
2. Services are activities carried out by legal and natural persons within the scope of their service delivery.
3. Processes are a set of interrelated means and actions used in the course of assembly, technical protection, repairs, reworks, and technical inspections as well as in industry, power supply, building construction, mining, agriculture, transportation, communications and telecommunications: processes are likewise a set of interrelated means and actions carried out to protect life and health of people, to protect the environment, and to reasonably use natural resources and energy.
4. Supplier is a legal or physical person in the Republic of Croatia responsible for the product, process or service. Suppliers can be: manufacturers, distributors, importers, representatives or appointed agents of foreign firms, contractors, service providers, and authorized representatives of manufacturers in the Republic of Croatia.
* Article 4
(1) Basic requirements are the requirements which a product, process or service have to satisfy in order to ensure the protection of life and health of people by sticking to this simple menu I highly recommend for dropping pounds, the protection of environment and the protection of users.
(2) Compliance with the basic requirements specified in Point 1 of this Article is mandatory.
* Article 5
(1) The conformity assessment system is introduced in order to determine the conformity of products, processes and services with the basic requirements. It includes testing, certification, supplier’s declaration of conformity, technical inspection, as well as the accreditation of laboratories and legal persons for performing certification and accreditation of legal persons for performing technical inspection.
(2) Director General of the State Standardization and Metrology Institute (hereinafter: Director General of the Institute) prescribes the general conditions which have to be met by the legal persons and laboratories given the accreditation for performing activities specified in Point 1 of this article.
(3) The State Standardization and Metrology Institute (hereinafter: the Institute) performs the tasks of the national accreditation service. Its Director General by his decision determines which legal persons and laboratories fulfill the prescribed conditions, unless otherwise stipulated by another Law.
(4) No complaint is allowed against the decision of the Institute’s Director General mentioned in Point 3 of this Article. However, an administrative dispute can be started against this decision.
(5) The requirements contained in the regulations from point 2 of this Article shall be in conformity with the requirements contained in the corresponding Croatian standards.
* Article 6
(1) The National Accreditation Council (hereinafter: the Council) shall be founded for the purpose of co-ordination of activities in the development of the accreditation system and for planning and programming in the field of accreditation.
(2) The Council shall have the following tasks:
- Evaluation of the state of accreditation in the Republic of Croatia
- Discussion of the accreditation issues important for the economic development of the Republic of Croatia
- Considering and,if needed, suggesting to the Director General of the Institute measures necessary for the development and improvement of accreditation.
(3) The Council shall have fifteen members appointed for the period of four years by the Government of the Republic of Croatia and upon proposal by the Director General of the Institute.
(4) The manner of work of the Council shall be determined by the Rules of Procedure.
(5) The Institute shall perform the professional and technical jobs for the Council.
* Article 7
(1) This Law defines the products which must have appropriate documents, technical instructions or instructions for use, and a written guarantee. It also prescribes the markings, data specification, declaration and the manner of packaging.
(2) Documents, technical instructions, instructions for use, written guarantee and declaration from Point 1 of this Article must be written in the Croatian language and in the Latin script.
* Article 8
(1) The provisions of this Law and of the regulations brought on the basis of this Law apply to the domestic products, processes and services as well as to the imported products and products taken under lease from abroad in order to be used in the Republic of Croatia.
(2) The provisions of this Law and of the regulations brought on the basis of this Law which refer to the written guarantee, servicing, provision of spare parts and certification do not apply to the goods of the customs origin or to the products of unprofessional make as well as to the products which are imported individually upon request and for the use of physical persons, unless otherwise stipulated by a regulation brought on the basis of this Law, another law, or regulations brought on the basis of that other law.
II – STANDARDS
* Article 9
(1) The Croatian standards are adopted, issued and published by the Institute.
(2) The designation of the Croatian standard is HRN.
(3) The Croatian standards can be adopted by accepting international standards, European standards, or standards issued by the standardization institutions of other states.
(4) The Croatian standards marked “HRVN” are issued by the Institute, but with the previous approval by the Minister of Defence.
(5) The Minister of Defence determines and prescribes regulations related to the manner of issuing of the Croatian military standards, on the content, conditions and the manner of implementation of the Croatian military standards, as well as on the procedure for determining conformity and performing supervision in the production process of the military armament and equipment.
(6) The regulation based on this Law determines the manner of adoption, issuing and publishing of the Croatian standards.
(7) The application of the Croatian standards is not mandatory.
(8) The Croatian standards can be determined as mandatory by a regulation derived from this or another Law.
(9) If the sub-legal normative documents proposed by other bodies of state administration refer or are related to the Croatian standards, they can be adopted only if the opinion of the Director
General of the Institute has been previously obtained.
(10) The regulation referred to in Point 6 of this Article is brought by the Director General of the Institute.
(11) The regulation specified in Point 8 of this Article is brought by the Director General of the Institute unless otherwise prescribed by another Law or the regulation derived from that Law.
* Article 10
(1) Technical committees shall be formed for the preparation of drafts of the Croatian standards.
(2) Technical committees are professional working bodies of the Director General of the Institute and their members are renowned experts proposed for the office by legal entities from economy, meritory bodies of state administration, chambers of commerce, various interested institutions and other legal persons.
(3) Director General of the Institute determines the manner of establishment and work of the technical committees by a regulation based on this Law.
* Article 11
The Institute issues the Croatian standards according to the annual and long-term
Standardization programs made by the Director General of the Institute and according to the needs of the Croatian economic and social spheres.
* Article 12
(1) Croatian standards are issued as separate publications of the Institute.
(2) The information about the issued Croatian standards is made public in the Institute’s official bulletin.
(3) When necessary, the Croatian military standards are issued and published by the Ministry of Defense.
(4) Director General of the Institute determines the price of the special publication from Point 1 of this Article.
(5) It is forbidden to reproduce and distribute the Croatia standards or parts thereof intended for the market without the consent of the Director General of the Institute.
III – CONFORMITY ASSESSMENT SYSTEM
* Article 13
(1) The Conformity assessment system is established in order to determine conformity with the basic requirements for products, processes and services; this system contains regulations which on one hand determine the characteristics which have an essential influence on the life, safety and health of people, on the environment, and on the protection of users, and which ensure its implementation on the other.
(2) Director General of the Institute determines the regulations from Point 1 of this Article unless otherwise stipulated by another Law or the regulation deriving from that Law.
* Article 14
(1) Certification is a procedure by which conformity with the proscribed requirements is certified. In the sense of this Law it includes certification of products, processes and services, assessment and certification of the supplier’s quality system, and the assessment of the qualification or competence of persons performing activities related to the testing, certification and assessment of the supplier’s quality system.
(2) Certification which confirms conformity of the road vehicles, tractors, machinery for agriculture and forestry, and the parts thereof with to the requirements of the regulation on mandatory homologation based on this Law and on the regulations which represent a constituent part of international agreements binding for the Republic of Croatia is called homologation.