(Орчуулгыг 2022-10-20-ний өдөр хянасан)                 Unofficial translation

LAW OF MONGOLIA

May 9, 2019                                                 Ulaanbaatar city

ON METROLOGY

/Revised version/

CHAPTER ONE

GENERAL PROVISION

Article 1.Purpose of the law

1.1.The purpose of the Law shall be to regulate relations with regard to ensuring the measurement integrity, establishing a legal framework to foster socio-economic development by metrology policy and coordinating relationships with respect to consumer protection in metrology.

Article 2.Legislation on Metrology

2.1.The legislation on metrology shall comprise the Constitution of Mongolia, this law and other legislative acts enacted in compliance with these laws.

2.2.In case any international treaty to which Mongolia is a party provides otherwise than this Law, the provisions of the international treaty shall prevail.

Article 3.Legal terms and definitions 

3.1.The following terms used in this law shall have the following meanings:

3.1.1."Measurement" shall mean a process of determination of quantity values of measured;

3.1.2."Units of measurement" shall mean a unit of quantity which is selected as a reference for the performance of a measurement;

3.1.3."Measurement standard" shall mean a measuring instrument intended to transfer measurement unit and its quantity value to other measuring instruments by determination, establishing, conservation, reproducing and comparison thereof. 

3.1.4."National standard" shall mean a measurement standard with highest accuracy at the national level;

3.1.5."Measuring instrument" shall mean a device with metrological characteristics used for the execution of the measurement;

3.1.6."Traceability" shall mean a characteristic of measurement result obtained by calibration chain against the measurement standard;

3.1.7."Calibration of measuring instrument" shall mean a process of determination of measurement result by comparison the value of measuring instrument to the reference value of measurement standard under specified condition;

3.1.8."Reference material" shall mean а material, sufficiently homogeneous and stable with reference to specified properties, which has been established to be fit for its intended use in measurement or in examination of nominal properties;

3.1.9."Measurement procedure" shall mean a document specifying a physical principle as a foundation for the execution of measurement and the conditions and methods of use of the measuring instrument;

3.1.10."Professional organization for metrology" shall mean a legal entity that has been authorized to perform metrological activities in specific sector;

3.1.11."Type testing of measuring instrument" shall mean a conformity assessment activity by a competent authority where specimens of an identified type of measuring instrument is tested and property value is determined;

3.1.12."Verification of measuring instrument" shall mean a conformity assessment activity that verify by the competent authorities whether the measuring instrument meets the specified requirements;

3.1.13."Pre-packaged product" shall mean goods which quantity is predetermined and sealed to prevent the changes thereof. 

3.2.Terms other than those specified in paragraph 3.1 of this Law shall be understood and applied in accordance with the definitions, interpretations and vocabularies approved by the International Organizations for Standardization and Metrology.

CHAPTER TWO

UNITS OF MEASUREMENT, MEASUREMENT STANDARD, TRACEABILITY

Article 4.Units of measurement

4.1.The International System of units of measurement adopted by the General Conference on Weights and Measures shall be used in Mongolia. 

4.2.Measurement unit other than those set forth in paragraph 4.1 of this Law may be used identically as a measurement unit of the international system by the decision of the Government.

4.3.The Government shall establish procedures for the names and symbols of the units of measurement and their writing and application.

4.4.The quality and technical specifications of exported products may be expressed in units of measurement other than those specified in paragraph 4.1 of this Law upon the request of the customer.

Article 5.Measurement standard and reference material

5.1.The Government shall approve National standards whilst the state administrative body in charge of metrology approve reference materials. 

5.2.The national measurement standards shall be kept under the protection of the State.

5.3.Certified standardized reference materials shall be used as measurement standards.

5.4.National measurement standards and certified reference materials shall be registered in the State integrated database of metrology. 

Article 6.Metrology traceability

6.1.Unit of national measurement standards and reference materials shall be in conformity with the units of measurement specified in paragraph 4.1 of this Law. 

6.2.The traceability of national standards and reference materials shall be provided by comparison with international or accepted foreign measurement standards.

6.3.Working standards shall be traceable to the national or the higher-level measurement standards recognized by the foreign countries. 

6.4.Unit of measurement shall be traceable to measurement standards and relevant measuring instruments according to a  procedure, which specified in paragraph 7.2 of this Law.

Article 7.Measurement, measuring instrument and procedure for measurement

7.1.Measurement shall be performed in accordance with the standard and procedure. 

7.2.The organization performing a measurement shall develop and approve a procedure of measurement used for its operation. 

7.3.Measuring instrument shall comply with standard, metrological, technical and operational requirements.

7.4.For the activities specified in paragraph 8.1 of this Law, measurement shall be performed by using measuring instruments that are verified and registered with the state integrated database of metrology. 

7.5.In prevention from altering the measurement results, measuring instruments used for the purpose specified in paragraph 8.1 of this Law shall be designed and sealed.

7.6.Specific requirements for measuring instruments to be used in the activities specified in paragraph 8.1 of this Law shall be determined by Technical Regulations. 

7.7.The Government shall approve Technical Regulations specified in paragraph 7.6 of this Law.

CHAPTER THREE

METROLOGICAL INSPECTION

Article 8.Metrological inspection, scope and form

8.1.The legal metrological inspection shall include the following measurement, measuring instruments and procedure used in the following areas:

8.1.1.Diagnosis and treatment of human and animals;

8.1.2.Ensuring the security;

8.1.3.Environmental protection;

8.1.4.State defense;

8.1.5.Trade and service transaction. 

8.2.Legal metrological inspection for ensuring the integrity of measurement consist of the following activities: 

8.2.1.Type testing of measuring instrument; 

8.2.2.Verification of measuring instrument; and

8.2.3.Competency assessment and registry of legal entities involved in manufacture, import, installation and repair of measuring instrument.

8.3.State metrological inspection shall comprise the following forms:

8.3.1.Supervision on enforcement of legislation on metrology;

8.3.2.Metrological inspection on quantity of pre-packaged products.

Article 9.Type testing of measuring instrument

9.1.Measuring instrument used for the purpose specified in paragraph 8.1 of this Law shall be subjected to type testing.

9.2.Metrology Institute shall carry out type testing of measuring instrument. 

9.3.Professional organization for metrology of the specific sector may conduct a type testing of measuring instruments used for the purpose specified in subparagraphs 8.1.1 to 8.1.4 within its activities scope.

9.4.The measuring instrument shall be registered with the state integrated database of metrology and a certificate shall be issued confirming the approval of the measuring instrument type in the event of type testing results accepted or recognition of type testing results. 

9.5.Type testing of measuring instrument shall be conducted in accordance with procedure as specified in paragraph 9.6 of this Law and relevant standards.

9.6.The State administrative body in charge of metrology shall adopt the procedure of the type testing and approval, and type testing results of a measuring instrument. 

9.7.The type of the measuring instrument for import shall be accepted without repeat testing if its type is approved and certificate is issued by the following organizations:

9.7.1.International Organization of Legal Metrology /OIML/;

9.7.2.Metrology organization or producer authorized by the body specified in subparagraph 9.7.1 of this Law; 

9.7.3.Metrology central organizations of foreign country, which entered into contract and agreement with the organization, specified in paragraph 19.1 of this Law. 

Article 10.Verification of measuring instrument

10.1.Citizen, Legal entities and citizens shall be obliged to ensure the verification of measuring instruments used as specified in paragraph 8.1 of this Law as measuring instruments after produced, imported, installed, repaired and before use.

10.2.Verification of measuring instruments shall be a responsibility of organization for metrology of aimag or capital city.

10.3.Professional organization for metrology of the specific sector may perform a verification of measuring instruments used specified in subparagraphs 8.1.1 to 8.1.4 of this Law within its activities scope.

10.4.The inspection and verification of measuring instrument shall be performed by the authorized person who as state inspection officer in accordance with the relevant standards. 

10.5.The appropriate seal, stamp or mark shall be affixed and verification certificate shall be issued confirming the verification of the measuring instruments by the verified body. 

10.6.State administrative body in charge of metrology shall approve the design of sealing mark and certificate of verification or a rejection notice of measuring instrument. 

10.7.The measuring instruments shall be considered not verified in case verification sealing, mark disturbed, removed, the certificate has been lost, falsified and the validity period has expired or measuring instrument broken or provides invalid readings.

10.8.It is prohibited to sell or use the measuring instruments in the activities specified in paragraph 8.1 of this Law, which are not verified.

10.9.In case measuring instruments are not subjected to type testing and registered with state integrated database of on metrology, such measuring instrument is not subject to have verified.

10.10.The State administrative body in charge of metrology shall approve re-verification interval of measuring instruments based on the proposal submitted by the relevant state central administrative body.

10.11.Producer's which is authorized to conduct initial verification of measuring instruments by International organization for Metrology and metrology organization of the producing country, accredited according to the international accreditation system, initial verification results of measuring instruments can be accepted mutually based on the agreement between thereof. 

10.12.The State administrative body in charge of metrology shall approve the procedure for organizing verification of measuring instruments.

Article 11.Competency assessment and registration of legal entities or organizations in charge of manufacture, import, installation and repair of measuring instruments 

11.1.Competency assessment of legal entities and organizations to manufacture, import, install and repair-measuring instruments for in activities specified in paragraph 8.1 of this Law, and the State administrative body in charge of metrology shall conduct registration into state integrated database of metrology.

11.2.The requirements for assessment of capacity of legal entities and organizations engaged in the activities specified in paragraph 11.1 of this Law, and registration of them into the state integrated database on metrology shall be determined by standards.

/This paragraph was modified according to the law of January 6, 2023/

11.3.The standards specified in Article 11.2 of this Law shall be approved on accordance with Law on standardization, technical regulation and accreditation of conformity assessment.

/This paragraph was added according to the law of January 6, 2023/

Article 12.Metrological control and inspection on pre-packaged products quantity 

12.1.Value of quantity for pre-packaged products shall be complied with the metrological requirements specified in relevant standards, guidelines and procedures.

12.2.Packaging containers and labels of pre-packaged products shall be complied with the requirements of standard.

12.3.The State administrative body in charge of metrology shall approve the procedure for Metrological control and inspection of pre-packaged products quantity. 

Article 13.State inspection of metrology

13.1.State inspection of metrology shall be implemented by the authority specified in article 9 of the Law on State inspection.

13.2.The authority specified in paragraph 13.1 of this Law shall conduct the following inspections in addition to those specified in paragraph 10.9 of the Law on State inspection:

13.2.1.Control on legal compliance in metrology;

13.2.2.Control on whether the application of units complied with the recognized units;

13.2.3.Control over the production, import, installation and repair of measuring instruments;

13.2.4.Control of whether the measuring instrument used in the activities specified in paragraph 8.1 of this Law subjected to the type testing and verification, control over use and operation; 

13.2.5.Metrological control of pre-packaged products quantity.

13.3.State inspectors to implement metrological inspection specified in subparagraphs 13.2.1-13.2.5 of this Law shall be attended on a metrology training and hold certificate.

13.4.State administrative body in charge of inspection shall submit an annual inspection report to the Metrology Council specified in article 18 of this Law.

Article 14.Calibration of measuring instrument

14.1.Measuring instruments used in activities other than those specified in paragraph 8.1 of this Law may subject to the calibration. 

14.2.The calibration of the measuring instrument shall be performed by the calibration staff assessed in accordance with the procedure specified in subparagraph 19.2.4 of this Law. 

14.3.Calibration laboratory shall have a procedure for calibration of the measuring instruments.

14.4.Calibration laboratory shall issue a calibration certificate and affix calibration mark to the calibrated measuring instrument.

14.5.Calibration laboratory of measuring instrument shall be accredited.

14.6.The calibration certificates and results issued by the foreign metrology organization that has entered into a mutual recognition agreement with the International Organization for Metrology shall be accepted.

CHAPTER FOUR

POLICY ON METROLOGY, STRUCTURE OF METROLOGICAL INSTITUTION AND  AUTHORITY

Article 15.Policy on Metrology

15.1.The policy for metrology shall be a policy, aiming at establishing and the development of the metrological system in the country that is able to develop national economy, society, science and technology, ensure the protection of human and animal health, environment and public interest and reduce the technical barriers to trade. 

15.2.The Government shall adopt State policy and program on metrology.

/This paragraph was annulled according to the law of December 17, 2021/

Article 16.Structure of metrological institution

16.1.The metrological institution shall comprise Metrology Council, State authority in charge of metrology, metrological organizations of aimag and capital city and professional organizations for metrology.

Article 17.The Authority of the Cabinet member

17.1.The Cabinet member shall exercise the following authorities:

17.1.1.to establish and develop measurement standards;

17.1.2.to develop a technical regulations and standards, to adopt rules and procedures and to ensure compliance with laws and regulations. 

17.2.The Cabinet member in charge of metrology shall adopt a list of legally controlled measuring instruments based on the proposal submitted by State central administrative body.

Article 18.Metrology Council

18.1.Ex-officio metrological council /hereinafter referred to as "Council"/ shall be established next to the State administrative body in charge of metrology and shall consist of representatives of government and non-government organizations, as well as scientific organizations which is responsible for the development of metrology, providing implementation of metrology policy and ensuring inter-sectorial coordination. 

18.2.The Government shall approve the rule and membership of the Council. 

18.3.A chairperson of the state administrative authority in charge of metrology shall chair the Council meeting.

18.4.The Council shall exercise the following rights:

18.4.1.to discusses and draw conclusions on implementation of metrology policy and legislation;

18.4.2.to request relevant organizations and staff to submit a report and information in relation to the topics of the Council meeting agenda and implementation of its decision;

18.4.3.to provides recommendations and duties for enforcement of metrology policy and execution of the activities;

18.4.4.to discuss report specified in paragraph 13.4 of this Law;

18.4.5.to follow up on the implementation of the Council's decisions. 

Article 19.Power of the state administrative authority in charge of metrology

19.1.The state administrative body in charge of metrology is the central metrology organization, which is responsible for development of the state policy on metrology and its implementation and providing professional and methodological guidance.

19.2.State administrative body in charge of metrology shall implement the following duties:

19.2.1.to ensure implementation of law, legislation and policies related to metrology, as well as the Government decisions;

19.2.2.to approve rules and procedures concerning metrology, and to ensure the implementation;

19.2.3.to develop projects and program on the development of measurement standards for approval and implementation;

19.2.4.to approve and enforce standards for assessment of capacities of professional organization for metrology and calibration staff of measuring instrument, and determining requirement for registration in the state integrated database on metrology;

/This sub-paragraph was modified according to the law of January 6, 2023/

19.2.5.to appoint a professional organization for metrology based on proposals submitted by state central administrative body of specific sector;

/This paragraph was annulled according to the law of January 6, 2023/

19.2.6.to become a member of international organizations in charge of matters, expand the international cooperation with international, regional and foreign organization for metrology, and coordinate the activity to recognize measurement results mutually;

19.2.7.to carry out activity and training on metrology based on fees;

19.2.8.to conduct attestation and appoint the state verification officers;

19.2.9.to maintain the state integrated database on metrology.

19.3.State administrative body in charge of metrology shall have Metrology Institute. 

19.4.The Metrology Institute shall have following duties:

19.4.1.to create, design, produce, maintain and provide comparison of national standards and reference materials;

19.4.2.to conduct research and development on metrological issues;

19.4.3.to ensure traceability of national standards at international and national levels;

19.4.4.to carrying out calibration of measuring instruments with high-accuracy;

19.4.5.to conduct type testing of measuring instruments;

19.4.6.to organize and participate in inter-comparisons in international and national levels;

19.4.7.to file calibration and measurement capabilities in the database of International Bureau of Weights and Measures for international recognition. 

19.5.State administrative body in charge of metrology shall adopt the procedure for maintaining of national standards and ensuring its traceability.

Article 20.Metrological organization of aimag and capital city

20.1.Metrological organization of aimag and capital city shall implement the following duties within its respective territories to ensure the integrity of measurement.

20.1.1.to provide implementation of law and legislation and Government decisions;

20.1.2.to establish, maintain, use and develop working standards, and ensure the traceability;

20.1.3.to conduct verification of measuring instruments;

20.1.4.to conduct calibration of measuring instruments. 

20.2.Chairperson of metrological organization of aimag and capital city shall be selected in accordance with Law on Public Services and the chairperson of the state administrative body in charge of metrology shall appoint and release them based on proposal submitted by the Governor of the aimag or capital city.

Article 21.Professional organization for metrology

21.1.Professional organization for metrology may carry out the following functions in addition to those specified in article 22 of this Law. 

21.1.1.to conduct a type testing and verification of measuring instruments used in activities as specified in subparagraphs 8.1.1 - 8.1.4 of this Law within the respective activities scope.

21.1.2.to create, design and maintain national and working standards of related measurement and ensure the traceability. 

CHAPTER FIVE

RIGHTS AND DUTIES OF CITIZENS AND LEGAL ENTITIES

Article 22.Metrology activities of citizens and legal entities

22.1.Legal entities and organizations shall have following rights and duties regarding metrology within their respective business and services:

22.1.1.to appoint person or organizational unit responsible for metrology;

22.1.2.to use the measuring instruments appropriate to the required accuracy and ranges for related measurement;

22.1.3.to use, produce, import, install and repair measuring instruments in the activities specified in paragraph 8.1 of this Law that are only registered with state integrated database on metrology;

22.1.4.to use verified measuring instruments for the calculation in extraction and use of natural resources, trade and services;

22.1.5.to calibrate measuring instruments used in activities not specified in paragraph 8.1 of this Law;

22.1.6.to ensure accuracy and correctness of measurements performed;

22.1.7.to be competency assessed and registered with state integrated database on metrology, if engaged in production, imports, installation and repair of measuring instruments;

22.1.8.to provide that label the quantity and permissible error of packaged products that comply the requirements of paragraphs 12.1 and 12.2 of this Law in compliance with national standards;

22.1.9.to be responsible for the cost of services including calibration and verification of measuring instruments, as well as other work and services.

22.2. Entities and organizations shall conduct internal control of as follows;

22.2.1.to ensure that measuring instruments are complying with type testing and verification interval;

22.2.2.to have calibrated its measuring instruments; 

22.2.3.to monitor technical readiness, operational and metrology procedures, the required accuracy of measuring instruments and implementation for legal requirements of metrology and eliminate any offences.

22.3.Citizens and non-government organizations shall have the following rights and duties in respect of metrology:

22.3.1.to request to conduct calibration and verification on measuring instruments and metrology inspection;

22.3.2.to receive information on metrology services including calibration and verification of measuring instruments;

22.3.3.to inform the relevant organization about violations observed during the use of measuring instruments, measurement procedure and verification of measuring instruments, and demand to have the violations remedied and resolved;

22.3.4.to attended as an observer during type testing and verification of measuring instruments and make a respective comment or request.

CHAPTER SIX

MISCELLANEOUS

Article 23.Financing metrology activities

23.1.The State budget shall fund the activities of Metrology council, state administrative body in charge of metrology, metrological organizations of aimag and capital city and professional organizations for metrology. 

23.2.The Cabinet member in charge of metrology shall authorize disbursement of funds generated from budget savings and additional revenues from primary activities, for purpose of strengthening the metrology sector, in accordance with the Law on Budget;

23.3.The State budget shall fund and pay the membership fee of the International organization for metrology.

23.4.The Cabinet member in charge of metrology shall adopt fee of metrology activities and services.

Article 24.Violations of the legislation and sanctions 

24.1.In case a civil servant violates the Law on Metrology, he/ she shall be subject to liability specified in the Law on Public Services and in case any person or legal entity violates the present law, they shall be subject to liability specified in the Law on Violations.

CHAIRMAN OF THE STATE GREA KHURAL OF MONGOLIA ZANDANSHATAR.G