Atameken management’s statement on Industrial Certificate for organizations for disabled persons
The Atameken National Chamber of Entrepreneurs on the basis of mass complaints received from organizations for disabled persons regarding the Industrial Certificate, states the following.
The Atameken NCE RK has been issuing the Industrial Certificate for companies since April 2019, including disabled organizations. Based on the results of the practice of issuing certificates, imperfections of the process of obtaining the Industrial Certificate have been revealed in terms of the lack of specific industry criteria for assessing the production status of organizations of the disabled. This leads to the fact that these organizations receive the Industrial Certificate on a common basis.
The Atameken NCE RK appealed to associations of the disabled with a proposal to consolidate the opinion of disabled manufacturers and develop industry criteria for their organizations. At the same time, we express our readiness to accompany this association and provide all services on a free basis, such as accounting, legal and tax advice, etc.
In addition, the work on personnel training, development of special professional standards, assistance in employment, etc. will continue.
At present, such assistance is provided to the full extent, but, given the scattered nature of numerous associations, it is not possible to cover all actual manufacturers of disabled organizations.
In addition, there is currently no Unified State Register of organizations for the disabled persons (since December 2018, according to amendments to the Law on Public Procurement, the Ministry of Labor does not maintain such a register), as well as there is no consolidating association of such organizations, which could form a unified approach and criteria for assessing the state of production for organizations for the disabled persons.
In this regard, to prevent discriminatory norms, the Atameken NCE RK decided to amend the current Rules for issuing the Industrial Certificate in terms of excluding organizations for the disabled persons from the issuance procedure before the development of relevant criteria.
Reference: During the 8 months of issuance of the Industrial Certificate, 43 organizations out of 238 organizations that have obtained the Industrial Certificate are organizations for disabled persons. An analysis of complaints showed that the furniture and light industry accounted for a massive number of complaints (160 out of 215), the majority of them were from organizations for disabled persons.
In turn, this does not mean that organizations for disabled persons will be excluded from public procurement.
It should be noted that according to the Law of the Republic of Kazakhstan on public procurement, there is a requirement for priority procurement from organizations for disabled persons. This norm has been stipulated in the Law, and in force since 2002.
Reference: According to Article 51 of the Law “On Public Procurement”, priority for goods is not less than 50% of the total volume, and for services and works - 100%. This norm ensures access to procurement for all organizations for disabled persons registered on the Procurement portal.
The Atameken NCE RK proposed to the Ministry of Finance to bring the Rules of Public Procurement in line with the Law and do not extend the requirements for the availability of the Industrial Certificate to organizations for disabled persons.
At the same time, regardless of the status of organizations, there are legislative requirements for the mandatory existence of a certificate of compliance. These requirements are dictated by the EAEU Technical Regulation on Safety of Furniture Products, which came into force in July 2014. Before selling furniture products, it is required to pass mandatory tests in accredited laboratories on safety indicators.
At the same time, we draw attention to the fact that the West Kazakhstan region does not have appropriate laboratories, and entrepreneurs are forced to take their goods for examination to other regions, which creates additional costs for entrepreneurs.
In this regard, we believe it is necessary for the Committee for Technical Regulation and Metrology of the Ministry of Trade and Integration of the Republic of Kazakhstan to pay attention to this problem and provide the necessary infrastructure to confirm compliance.
On January 22, 2020, the National Chamber will host an extended meeting with the participation of representatives of the organizations for disabled persons and their associations, associations of light and furniture industry with the inclusion of all regions via videoconference to discuss these changes in the Rules and proposals for the consolidation of manufacturers among organizations for disabled persons.
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