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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