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Novi korisnik |
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Subject Matter
Article 1This Law shall regulate the method of prescribing the technical requirements for products, product conformity assessment method with the requirements from technical regulations, the obligations of product suppliers and owners, the presumption of conformity, the safeguard procedure and the single market clause, the validity of foreign conformity documents, provision of information on the technical regulations and conformity assessment procedures, the general requirements for appointment and the obligations of the appointed bodies, notification of the conformity assessment and technical regulations' assessment body, register keeping and monitoring of the implementation of this Law and regulations passed on the basis of this Law.
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Application
Article 2This Law shall apply to all the products, except to the products the technical regulations for which are regulated by special laws and regulations passed on the basis of these laws.
Where individual issues regulated by this Law are not regulated by the special laws and regulations referred to in paragraph 1 of this Law, provisions of this Law shall apply to these issues.
Provisions of this Law regulating the method of passing of the technical regulations, keeping of registers, the single market clause, the procedure for and the method of appointment of the conformity assessment bodies, the procedure and method of appointment of the conformity assessment body, the monitoring procedure and method for the appointed and notified bodies and the notification of the technical regulations shall also apply to the products for which technical regulations are regulated by special laws and regulations passed based on those laws.
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Meanings of Individual Terms
Article 3Individual terms used in this Law shall have the following meanings:
1) product shall mean each object, material or result of a process, obtained irrespective of the level of processing and intended for delivery to a market, irrespective of whether it is a new or a used product;
2) making available on the market shall mean any supply of a product for distribution, consumption or use on the market of the Republic of Serbia, in the course of a commercial activity, whether in return for payment or free of charge;
3) placing on the market shall mean the first making available of a product on the market of the Republic of Serbia;
4) manufacturer shall mean any legal person or entrepreneur that manufactures a product or has a product designed and manufactured, and markets that product under their name or trademark;
5) representative shall mean any legal person or entrepreneur registered in the Republic of Serbia that holds a written mandate from a manufacturer to take certain actions on his behalf;
6) importer shall mean any legal person or entrepreneur registered in the Republic of Serbia that places a product from other countries on the market;
7) distributor shall mean any legal person or entrepreneur registered in the Republic of Serbia that is included in the supply chain, other than the manufacturer or the importer;
8) supplier shall mean a manufacturer, representative, importer or distributor;
9) conformity assessment shall mean the procedure demonstrating whether specified requirements relating to a product, process, service, system, person or body have been fulfilled;
10) conformity assessment body shall mean a legal person that performs conformity assessment activities, which includes calibration, testing, certification and/or inspection;
11) appointment shall mean approval granted by the competent Minister to the conformity assessment body for performance of tasks of conformity assessment or for performance of other tasks in compliance with the requirements comprised in the technical regulation;
12) appointed body shall mean a legal person performing the conformity assessment tasks or other tasks in compliance with the requirements comprised in the technical regulation and holding the approval of the competent Minister for performance of these tasks;
13) notified body shall mean the appointed conformity assessment body that is notified to the European Commission and to the Member States of the European Union as an independent third party for performance of conformity assessment tasks for a specific field and entered in the relevant register of such bodies maintained by the European Commission ("the NANDO database");
14) notification of a body shall mean application of a conformity assessment body to the European Commission and the Member States of the European Union;
15) notification of technical regulations shall mean notification of technical regulations under preparation, in compliance with the rules of international agreements on the technical barriers to trade, as well as notification of technical regulations in accordance with the European Union rules;
16) conformity document shall mean a declaration of conformity, a test report, a certificate, a control report or another document confirming conformity of the product with the prescribed requirements;
17) declaration of conformity shall mean the statement whereby the manufacturer confirms that the requirements for the product from the technical regulation prescribing drawing up of such statement are fulfilled;
18) technical specification shall mean a document that prescribes the technical requirements to be fulfilled by a product, process or a service;
19) conformity marking shall mean a marking by which it is confirmed that the product is in conformity with the applicable requirements set out in all the regulations providing for affixing of that marking;
20) examination shall mean the activity of a regular, extraordinary or another verification of conformity with the prescribed technical requirements for a product during the lifecycle;
21) withdrawal' shall mean any measure aimed at preventing a product in the supply chain from being made available on the market;
22) recall shall mean any measure aimed at achieving the return of a product that has already been made available to the end user;
23) harmonized standard shall mean a European standard adopted on the basis of a request made by the European Commission for application in the European Union harmonisation legislation;
24) EU harmonisation legislation shall mean any European Union legislation harmonising the conditions for marketing of products;
25) СЕ marking shall mean a marking by which the manufacturer confirms that the product is in conformity with the applicable requirements set out in the EU harmonisation legislation providing for affixing of such marking;
26) Serbian conformity marking shall mean a marking by which it is confirmed that the product which is being placed on the market or put into use in the Republic of Serbia is in conformity with the requirements set out in Serbian technical regulation where that regulation provides for its affixing;
27) module shall mean a type of the type conformity assessment procedure provided for in the EU harmonisation legislation and/or in technical regulations;
28) product owner shall mean the natural person, the legal person or entrepreneur having the right of ownership over the products within the meaning of this Law;
29) quality infrastructure shall mean an integrated network of institutions and organisations in the field of standardisation, metrology, accreditation and conformity assessment with the requirements provided for in technical regulations and standards, which shall include the legislative framework for their efficient operation.
Other terms used in this Law, which are not defined in paragraph 1 of this Article, shall have the meanings defined by the laws regulating general product safety, standardisation, accreditation and market surveillance.
