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Legislation, Standards & quality control

PROCLAMATION NO.102/1998 A PROCLAMATION TO ESTABLISH QUALITY AND STANDARDS AUTHORITY OF ETHIOPIA


PROCLAMATION NO.102/1998

A PROCLAMATION TO ESTABLISH QUALITY AND STANDARDS AUTHORITY OF ETHIOPIA

WHEREAS, economic development and technological progress towards enhancing the quality of life of the society necessitate the Promotion and application of Quality, Metrology and Standardization;

WHEREAS, in order to further strengthen the measures to be taken in this regard, it has become necessary to re-establish the government organ entrusted with the responsibility for Standardization and Quality Promotion;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

 

1. Short Title

This Proclamation may be cited as “Quality and Standards Authority of Ethiopia Establishment Proclamation No. 102/1998.”

 

2. Definitions

In this Proclamation, unless the context otherwise requires;

1. “Quality Promotion” means any activity aimed at developing and improving and organization’s capability through optimization of resources during all product phases to meet quality requirements and objectives;

2. “Quality” means the totality of characteristics of an entity that bear on its ability to satisfy stated or implied needs;

3. “Standardization” means an activity which consists of processes of formulating, issuing and implementing Standards;

4. “Standard” means a document established by consensus containing technical specifications or other criteria to be used consistently as a rule, guideline or definition of characteristics to ensure that products are fit for an intended purpose;

5. “Product” means a result of activities or processes which may include service, hardware, software, processed materials or a combination thereof;

6. “Process” means a set of interrelated resources and activities which transform inputs into outputs;

7. “Ethiopian Standard” means any standard formulated and approved by the Authority;

8. “International system of Units(SI)” means the coherent system of units adopted and recommended by the General Conference of Weights and measures(CGPM);

9. “Etalon” means material measure, measuring instrument, reference material or measuring system intended to define, realize, conserve or reproduce a unit or one or more value of a quantity to serve as a reference;

10. “Certified Reference Materials” means reference material, accompanied by a certificate, one or more of whose property values are certified by a procedure which establishes tractability to an accurate realization of the unit in which the property values are expressed, and for which each certified value is accompanied by an uncertainty at a stated level of confidence;

11. “Measuring Instrument” means device intended to be used to measure quantities, alone or in conjunction with supplementary device(s);

12. “Quality Mark” means the certification mark specified by the Authority and used to denote conformity with Ethiopian Standards;

13. “Certificate of Conformity” means a document providing confidence that a duly identified product or process is in conformity with a specific standard;

14. “Conformity Assessment System” means any activities which has its own application procedure and management method, concerned with determining directly or indirectly that relevant requirements are fulfilled;

15. “Consensus” means general agreement, characterized by the absence of sustained opposition to substantial issues by any important part of the concerned interests and by a process that involves seeking to take into account the views of all parties concerned and to reconcile any conflicting arguments;

16. “Person” means any natural or juridical person.

 

3. Re-establishment

1. Quality and Standard Authority of Ethiopia (hereinafter referred to as the “Authority” is hereby re-established as an autonomous Federal Government organ having its own legal personality.

2. The Authority shall be accountable to the Prime Minister.

 

4. Head Office

The Authority shall have its head office in Addis Ababa and may establish branch offices as appropriate.

5. Objectives

The objectives of the Authority shall be:

1. to promote and assist the establishment of appropriate Quality Management practices as an integral and yet distinct management function in the social and economic sectors;

2. to assist in the improvement of the quality of products and processes through the promotion and application of Ethiopian Standards;

3. to promote and co-ordinate standardization at all levels in the country;

4. to establish a sound national meteorological system as a basic structure for economic development;

5. to strengthen, promote and enhance the reliability of testing laboratories nation-wide.

 

6. Powers and Duties

The Authority shall have the following powers and duties:

1. to solely approve, and declare Ethiopian Standards as well as maintain National Etalons;

2. to formulate, approve, declare and issue Ethiopian Standards for a general or specific application as may be necessary;

3. to recognize as an Ethiopian Standard, any Standard established by a national regional or international standardizing body as may be necessary;

4. to formulate quality promotion and standardization policy and strategy in line with the development programme and objectives of the country and, implement and follow-up the same;

5. to establish a sound national meteorological system through:

a) the maintenance of national Etalons and Certified Reference Materials and their disseminations;

b) the introduction of the International System of Units (SI) as the sole system of measurement of physical quantities;

c) verification and/or calibration of measuring instruments.

6. to establish and operate a National Conformity Assessment System;

7. to establish and operate testing laboratories for the purpose of assisting conformance of products to relevant requirements, assisting industrial and agricultural researches and supporting quality promotion and standardization efforts at all levels in the country.

8. to specify a Quality Mark and Certification of Conformity which shall be of such design and contain such particulars as may be prescribed;

9. to grant renew, suspend or cancel a license for the use of the quality Mark or Certificate of conformity;

10. to order, subject to prior notice, the closure of factories or business undertakings or the cessation of operations, or ban the movement of products, where the products and/or processes do not conform to the relevant compulsory Ethiopian Standards;

11. to establish a documentation and information Centre for the provision of quality and standards related information;

12. to popularize the need and importance of Quality and Standards among users and the general public.

13. to represent the government and participate in all conferences, seminars or meetings regarding standardization.

14. to establish and maintain working relationships with quality promotion and standardizing bodies, professional associations and quality societies, certification bodies and other similar organizations in the exercise of its functions;

15. to delegate its powers and duties, in part to domestic and foreign organizations as necessary, to the extent necessary for efficiently implementing Ethiopian Standards;

16. to collect fees and charges for the services it renders;

17. to own property, enter into contract, sue and be sued in its own name; and

18. to carry out such other similar activities necessary for the attainment of its objectives.

 

 

7. Organization of the Authority

The authority shall have:

1. A board of Management (hereinafter “Board”);

2. A General Manager to be appointed by the Government; and

3. the necessary staff.

 

8. Members of the Board

The Board shall have a chairperson and not more than six members to be appointed by the Government.

 

9. Powers and Duties of the Board

1. to determine policy matters and exercise an overall direction and supervision of the activities of the Authority;

2. to approve and ensure, on its own level, the implementation of the short and long-term plans as well as the annual work programme and budget of the authority;

3. to approve the annual activity report of the Authority;

4. to approve Ethiopian Standards;

5. to prescribe Quality Mark fees and other fees and charges to be paid for the services the Authority renders;

6. to establish policy Advisory Committees as may be necessary;

7. to decide on other matters relating to the management and administration of the Authority when submitted to it by the General Manager of the Authority.

 

10. Meeting of the Board

1) The Board shall meet at least once every month;

2) There shall be a quorum where the majority of the members are present at the meeting of the Board;

3. Decision of the Board shall be passed by majority vote; provided, however, that the chairperson shall have a casting vote in case of a tie;

4. Without prejudice to the provisions of this Article, the Board may prescribe its won rules of procedure.

 

11. Powers and Duties of the General manager

1. The General manager shall be the chief executive office of the Authority and shall, subject to the general directions of the Board, plan, direct and administer the activities of the Authority;

2. Without limiting the generalities of sub-Article (1) of this article, the General Manager shall:

a) exercise the powers and duties of the Authority specified under Article 6 of this proclamations;

b) employ and administer the employees of the Authority in accordance with directives issued by the Board following the basic principles of the Federal Civil Service Laws;

c) prepare the work programme and budget of the Authority; and implement same upon approval;

d) effect expenditure in accordance with the budget approval for the Authority;

e) represent the Authority in all its dealings with third parties;

f) prepare and submit to the Board the activity and financial reports of the Authority.

3. The General Manager may delegate part of his powers and duties to other officials and employees of the authority to the extent necessary for the efficient performance of the activities of the Authority.

 

12. Budget

The Budget of the Authority shall be drawn from the following sources:

1. Government subsidy;

2. Income from service fees; and

3. Income form other sources.

13. Books of Accounts

1. The Authority shall keep complete and accurate books of accounts;

2. The books of accounts and financial documents of the Authority shall be audited annually by the Auditor General or by Auditors designated by him.

14. Penalty

Unless the offense is punishable with severe penalty under the Penal Code;

1. Any official or personnel of the Authority who:

a) by directly or indirectly receiving a gift or any other benefit or on grounds of relation, intentionally or negligently supplies or causes the supply of a certificate or verification with regard to the quality or standard of a certain product or process based on a false or deceitful document; or

b) with the intent to receive a gift or any other benefit or to injure another person, holds or delays the decision or action that is brought before him in his official capacity;

is punishable with a fine not exceeding three times the amounts received and with regorous imprisonment not less than 15 years and not more than 20 years.

2. Any Person or Organization delegated or authorized by the Authority to perform the activities of Ethiopian Standards and who:

a) by directly or indirectly receiving gifts or any other benefit or on grounds of relation, intentionally or negligently, supplies or causes the supply of a certificate verification with regard to the quality or standard of a certain product or process based on a flase or deceitful document; or

b) with the intent to receive a gift or any other benefit or to injure another person, holds or delays the decision or action that is brought before him in his official capacity;

is punishable with regorous imprisonment not less than 15 years and not more than 20 years, the delegation or authorization shall also be canceled.

3. Any other person who:

a) gives or offers a gift or any other benefit to cause the commission of fraudulent act on a certain product or process is punishable with a fine not exceeding three times the amounts offered or accepted and with regorous imprisonment not less than 10 years and not more than 15 years;

b) sells or offers for sale a product of a measuring instrument for which there exist a compulsory Ethiopian Standard, without a certificate of conformity or a license to the use of the quality Mark shall be liable to a term not exceeding 3 years imprisonment and to a fine not exceeding birr 10,000. where the act committed causes damage to the life or health of persons or significant damage to the economy, the penalty may be increased, to a term of upto 10 years regorous imprisonment and a fine upto birr 20,000;

c) uses any uncertified measuring instrument that is subject to mandatory periodical calibration and verification shall be liable to a term not exceeding 3 years imprisonment and to a fine not exceeding birr 10,000, where the act committed causes damage to the life or health of persons or significant damage to the economy, the penalty may be increased to a term of upto 10 years regorous imprisonment and a fine upto birr 20,000;

d) having been issued a certificate of conformity or a license to use the Quality mark, uses the certificate or the mark otherwise than in accordance with the terms and conditions of the certificate or the license or uses the certificate or the mark after revocation shall be liable to a term not exceeding 3 years imprisonment and a fine not exceeding birr 10,000;

e) falsely holds himself out to be an inspector or hinders or obstructs an inspector in the exercise of his powers and duties shall be liable to a term of not exceeding 3 years imprisonment;

f) sells a pre-packed commodity that does not comply with the provisions of the regulation issued in this regard shall be liable to a term of not exceeding 1 year imprisonment and to a fine not exceeding birr 5,000.

4. any person who is engaged inthe offenses as described in sub- Articles (1)(a), (2)(a) and (3) (a) of this Article, and who, before the case is taken to court, provides significant information about the offenses and his partners’ role in it, may be given immunity by the Ministry of Justice from prosecution under this Proclamation.

15. Repeal and Saving

1. The Ethiopian Authority for Standardization Establishment proclamation No. 328/1987, and Weights and Measures Proclamation No. 208/1963 are hereby repealed;

2. Standards Mark and Fees Council of Ministers Regulations No.13/1990, and Weights and Measures Regulations No.431/1973, and the Ethiopian Standards Council of Ministers Regulations No.12/1990 shall remain in force.

 

16. Inapplicable Laws

Any other Laws which are inconsistent with this Proclamation shall not be applicable with respect to matters provided for in this Proclamation.

17. Transfer of Rights and obligations

The rights and obligations of the Ethiopian Authority for Standardization established under Proclamation No. 328/1987 are hereby transferred to the Authority.

 

18. Duty to Co-operate

Any person shall have the duty to co-operate in the implementation of this Proclamation.

 

19. Effective Date

This Proclamation shall enter into force as of the 3rd day of March, 1998.

Done at Addis Ababa, this 3rd day of March, 1998.

NEGASO GIDADA(DR.)

PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA

 

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About Abrham Yohannes

Abrham Yohannes Hailu Licensed Lawyer & Consultant

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