STANDARDS & METROLOGY LAW
NO. (22) FOR THE YEAR 2000

Article 1:                 (Top)
This law shall be referred to as the "Standards and Metrology Law for the Year 2000" and shall come into effect thirty days after its publication in the Official Gazette.

DEFINITIONS

Article 2:                 (Top)
The following words and terms, whenever mentioned in this Law, shall have the meanings indicated hereunder unless otherwise indicated by context:

The Minister: The Minister of Industry and Trade.
The Organization: the Jordan Standards and Metrology Organization (JSMO) .
The Board: The Board of Directors of the Institution.
The Chairman: The Chairman of the Board.
The Director General: The Director General of the Organization.
Standard: A document that provides for common and repeated use, rules, guidelines or characteristics for a service, or for a product or its related production methods, including the applicable administrative provisions, with which compliance is not mandatory. These may also include, or deal exclusively with, terminology, symbols, packaging, marking or labelling requirements as they apply to a product or its production method.
Technical Regulation: A document that lays down the characteristics for a service or for a product, or its related production methods, including the applicable administrative provisions, with which compliance is mandatory. It may also include or deal exclusively with terminology, symbols, packaging, marking or labelling requirements as they apply to a product or its production method.
Conformity Assessment Procedures: Any procedure used, directly or indirectly, to determine that relevant requirements in technical regulations or standards are fulfilled. These may include procedures for sampling, testing, examining and inspection; evaluation, verification and assurance of conformity; registration, accreditation and approval.
Metrology: The science of measurement.
Legal Measuring Unit: The unit of the International System used for the purposes of measurement (metric system).
Measuring Instrument: Technical device, instrument or apparatus, intended to be used to take measurements, alone or in conjunction with (a) supplementary device(s).
Calibration: Set of operations that establish relationship between values indicated by a measuring instrument and the corresponding values realized by reference measurement standards.
Measurement Standard (etalon): A measuring instrument or reference material intended to define a unit and to serve as a comparison with other measuring units.
Reference Measurement Standard: A standard having the highest metrological characteristics available at a given location, from which measurements made there are derived.
Quality Mark: The mark that is granted to a product indicating that the product conforms with the approved standards or technical regulations as a minimum requirement, and with other requirements stipulated by the Institution.
Certificate of Conformity: A document providing assurance that the service, product or production method, or the administrative provisions are in conformity the approved standards or technical regulations.
Accreditation: The recognition by the Organization or any legally authorized body that a body or person is competent to carry out a set of specific tasks.
Accredited Laboratory: Testing or calibration laboratory to which accreditation has been granted.

THE ORGANIZATION

Article 3:                 (Top)

1. An Organization shall be established in the Kingdom with the name of " the Jordan Standards and Metrology Organization (JSMO) ". It shall have a corporate identity and shall be administratively and financially independent. It shall be entitled to perform in this capacity all legal transactions and acts, including acquiring transferable and non-transferable assets and concluding contracts, and it may authorize the attorney general or any agent in its legal and court procedures.

2. The headquarters of the Organization shall be in Amman, and it may establish branches throughout the Kingdom.

Article 4:                  (Top)
The Organization aims at fulfilling the following:

1. Adoption of a national system for standardization and metrology based on accepted international practices.

2. Keeping pace with scientific and technical developments in standards, metrology, conformity assessment and laboratory accreditation.

3. Ensuring the health and safety of the Kingdom's citizenry and protection of the environment through ensuring that products are in compliance with the technical regulations adopted by the Organization.

4. Raising the quality of local products through the adoption of appropriate Jordanian Standards, thus enhancing the competitiveness of such products in the local and international markets and supporting the national economy.

Article 5:                 (Top)

a) Subject to what is stipulated in this Law, the Organization shall undertake the following functions and powers in order to achieve its objectives:

b) The Organization is the sole authority in the Kingdom for all matters relating to standards, metrology and the Jordanian Quality Mark. However, it may consult with and seek the advice and recommendations of other ministries and governmental and non-governmental bodies in such fields.

THE INSTITUTION'S ADMINISTRATION

Article 6:                 (Top)

a) The Organization shall be administered by the Board of Directors under the Chairmanship of the Minister and the membership of:

1. The Director General (Vice-Chairman)

2. Representative from the Ministry of Industry and Trade

3. Representative from the Ministry of Health

4. Representative from the Ministry of Public Works and Housing

5. Representative from the Ministry of Energy and Mineral Resources

6. Representative from the Ministry of Water and Irrigation

7. Representative from the Ministry of Agriculture

8. Representative from the Public Organization for Environmental Protection

9. Representative from the Jordan Exports Development and Commercial Centres Corporation

10. Representative from the Royal Scientific Society

11. Representative from the Federation of the Chambers of Commerce (nominated by the Federation's Chairman)

12. Representative from the Chambers of Industry (nominated by the Minister)

13. The Chairman of the National Society for Consumer Protection

14. The Chairman of the Jordan Society for Quality

b)

1. The members of the Board who are representatives of the authorities mentioned in Paragraph (a) of this Article should have the requisite expertise and competence. The members who are mentioned in Subparagraphs (2-10) of Paragraph (a) should be nominated by their respective ministers or directors general or chairmen, as the case may be.

2. The assignment of the members of the Board shall be for two years (subject to only one renewal).

c) Remuneration for the members of the Board shall be determined by the Cabinet upon the recommendation of the Minister.

Article 7:                  (Top)

1. The Board shall convene its meetings at least once every month and whenever necessary upon invitation from the Chairman or, when absent, by his Vice-Chairman. The meeting shall be considered legally valid if attended by at least nine members, provided that the Chairman or the Vice-Chairman shall be one of them.

2. The Board shall issue its decisions unanimously or by majority vote of its present members. If the votes are tied, then the vote of the meeting's Chairman shall determine the outcome.

3. The Board shall be entitled to invite qualified experts to the meeting for consultation, without such experts being entitled to vote.

4. The Director General shall appoint one of the members of the Organization as Secretary of the Board.

Article 8:                  (Top)
The Board shall have the powers and perform the tasks stated in the following clauses:

1. Formulation of the general policy of the Organization.

2. Approval, withdrawal, or replacement of technical regulations and standards and any amendments, and their suspension thereof.

3. Approval of the organizational structure of the Organization.

4. Approval of the draft budget of the Organization.

5. Recommendation of legislative and regulatory drafts related to the Organization.

6. Determination of the remuneration for the experts in the specialized technical committees.

7. Determination of the prices of the publications that include standards and any other publications.

8. Issuance of instructions relating to the Organization's activities.

Article 9:                  (Top)
a) The Director General shall carry out the following duties and have the following powers:

1. Implementation of the general policy set out by the Board.

2. Execution of the organization and decisions issued by the Board.

3. Management of the organization's activities and the supervision of its staff in terms of its technical, administrative, and financial affairs as stipulated in this Law or any regulations or instructions issued pursuant to it.

4. Preparation of programmes and plans to fulfil the objectives and implement the functions of the organization, submission of recommendations for such programmes to the Board for approval and the follow-up of their implementation.

5. Submission of  new or revised standards or technical regulations proposed by the technical committees to the Board for their consideration and approval.

6. Seeking the advice of specialized scientific institutions, consultants and experts.

7. Any other task sanctioned by the Board or designated by the regulations pursuant to this Law.

b) The Director General shall be entitled to delegate any of his powers upon a written and specified notice to any officer of the organization.

PREPARATION, APPROVAL AND APPLICATION
OF TECHNICAL REGULATIONS AND STANDARDS

Article 10:                  (Top)
a) Technical regulations and standards shall be prepared and amended as follows:

1. The Director General shall appoint permanent and specialized technical committees for the preparation of new draft standards and the revision of existing standards and technical regulations and their amendments.

2. Upon consideration of the proposed drafts submitted by the technical committees, the Director General shall in his turn submit the proposed drafts with his recommendations to the Board for their adoption as standards or technical regulations.

3. Should the Board reject any of the submitted proposed draft standards, they shall be referred back to the relevant technical committee for further consideration.

b) Any and every standard approved by the Board shall be considered as an approved Jordanian Standard and shall be issued either as a standard or a technical regulation, and shall become effective from a date determined by the Board.

Article 11:                  (Top)

1. Wherever possible and appropriate, the standards and technical regulations shall be based on product requirements in terms of performance rather than design or descriptive characteristics.

2. Technical regulations are approved when they are necessary to fulfil legitimate objectives, such as national security requirements; the prevention of deceptive practices; the ensurance of human health and safety, animal and plant life and health, or the protection of the environment, taking into account the risks that non-existence of such regulations would create. The approved technical regulations or standards shall not be more trade-restrictive than necessary to fulfil the legitimate objectives or the required level of protection.

3. Where relevant international standards exist, they shall be used as a basis for the preparation of standards or technical regulations, except when such international standards would be ineffective or inappropriate for the fulfilment of the legitimate objectives or the required level of protection, or because of climatic or geographical factors, technological problems, or if otherwise dictated by the Kingdom's financial, development, or trade needs.

Article 12:                  (Top)

1. The technical regulations of other countries shall be considered as equivalent to Jordanian technical regulations, if it can be shown that such regulations adequately fulfil the objectives of the Jordanian technical regulations.

2. Standards and technical regulations are reviewed periodically or upon the request of any interested party. Technical regulations shall be suspended if the circumstances or objectives giving rise to their approval no longer exist or if the changing circumstances can be addressed in a less trade-restrictive manner.

Article 13:                  (Top)
In addition to what is stated in this Law, the organization shall apply "The Code of Good Practice for the Preparation, Adoption and Application of Standards", which shall be issued in accordance with instructions set out by the Board for this purpose.

|CONFORMITY ASSESSMENT WITH STANDARDS
& TECHNICAL REGULATIONS

Article 14:                  (Top)

1. Where relevant international guides or recommendations exist, they shall be used as a basis for the preparation of conformity assessment procedures, except when such international guides or recommendations are deemed to be ineffective or inappropriate to fulfil certain purposes, such as national security requirements; the prevention of deceptive practices; the protection of human health and safety, animal or plant life and health, or the environment, or because of climatic or geographical factors, technological problems or if otherwise dictated by the Kingdom's financial, development, or trade needs, taking into account the risks that non-existence of such procedures would create. The adopted conformity assessment procedures shall not be more trade-restrictive than necessary to fulfil the required purposes.

2. All conformity assessment procedures are applied on both local and  imported products without discrimination.

3. The results of conformity assessment procedures carried out in other countries shall be considered as equivalent to the conformity assessment procedures applied in the Kingdom, if the Institution is satisfied that such procedures offer an assurance of conformity with applicable standards or technical regulations.

Article 15:                  (Top)

1. Conformity assessment procedures shall be issued in accordance with instructions issued by the organization or any relevant official body, in which they determine the information required for performing conformity assessment procedures, which shall be limited to what is necessary to assess conformity, the fees imposed, and the method of dealing with submitted complaints that might arise with respect to the application of the said conformity assessment procedures.

2. Whenever the product specifications or production method are changed subsequent to the determination of its conformity to the applicable standard or technical regulation, the conformity assessment procedure for the modified product or process shall be limited to what is necessary to determine whether adequate confidence exists that the product or process still meets the requirements of the technical regulation or standard concerned, whenever practical.

3. All information relating to the conformity assessment procedures are confidential.

Article 16:                  (Top)

1. All technical regulations shall be applied to local and imported products without discrimination. No product or material shall be imported, produced, sold, displayed or circulated in any form in the Kingdom, unless it complies with its technical regulations.

2. In special cases and subject to valid reasons, the Board shall be entitled to exempt any product from the provisions of this Article.

3. Upon a written authorization by the Director General, any employee of the organization may inspect and search any factory, shop, facility, warehouse, or market, and take samples of the products, material, measuring units or industrial waste therein or of products produced or manufactured therein, or of by products thereof, in order to test, examine, analyze and calibrate them for the purpose of verifying their compliance with the technical regulations.

Article 17:                  (Top)

1. The Ministries, government departments, public corporations, municipal and rural boards shall comply with the technical regulations in carrying out their activities, projects, tender terms, and purchases of products and materials.

2. Industrial companies and organizations shall be responsible for compliance with the technical regulations for the products they produce and the materials used therein and the production methods.

3. All industrial and commercial organizations and companies shall comply fully with the approved technical regulations related to the protection of the environment, health and vocational safety.

Article 18:                  (Top)
The security forces and any other relevant authorities shall upon request assist the Organization's employees who are authorized by the Director General in performing their duties. The Institution shall also provide its support to other official departments and bodies to fulfil the purposes of this Law.

Article 19:                  (Top)

1. The Board shall issue instructions specifying the bases for accrediting, evaluating and monitoring of testing and calibration laboratories and certification bodies in accordance with international practices, and the determination of the remuneration of evaluators of such laboratories and the experts in the technical accreditation committees.

2. The competence of bodies in other countries that grant accreditation shall be recognized pursuant to mutual recognition agreements.

Article 20:                  (Top)

1. The organizations shall grant the Jordanian Quality Mark and certificates of conformity with standards and technical regulations pursuant to the results of conformity assessment procedures, in accordance with instructions issued by the Board which determine the basis for granting the quality mark and certificates of conformity and the fees applicable thereto.

2. The organization's task of granting certificates of conformity may be delegated to any body within or without the Kingdom recognized by the organization according to international practices.

3. Recognition agreements for the competence of bodies that issue certificates of conformity in other countries may be concluded.

4. Certificates of conformity issued by certification bodies that are accredited by an accreditation body recognized by the organization may be accepted.

Article 21:                  (Top)
Procedures shall be set to control the quality of precious metals, stones and jewellery according to the legal fineness, and to test the precious metals and jewellery and stamp them, in accordance with instructions issued by the Board for this purpose.

Article 22:                  (Top)
No measurement units shall be used except those units approved by the Kingdom.

ANNOUNCING STANDARDS, TECHNICAL REGULATIONS
AND CONFORMITY ASSESSMENT PROCEDURES

Article 23:                  (Top)
a) When international standards, guidelines or recommendations do not exist or the technical content of a proposed technical regulation or conformity procedure is not in accordance with the technical content of the relevant international standards, guidelines or recommendations, and if the proposed technical regulation or the conformity assessment procedure may have a significant effect on trade, the organization and any other relevant official body shall:

1. Publish a notice in its newsletter at an early stage of preparation of the proposed new technical regulation or conformity assessment procedure.

2. Notify the World Trade Organization (WTO) through the national competent authority at an early stage of the products to be covered by the proposed new or amended technical regulations or conformity assessment procedures, together with a brief summary of their objectives and rationale. A reasonable time shall be allowed for written comments from the WTO Members thereupon, and such comments shall be taken into account without discrimination and shall be incorporated, where appropriate, into the finalized version of the technical regulations or conformity assessment procedures.

3. Upon request thereof, any interested parties shall be allowed to become acquainted with the proposed technical regulations or conformity assessment procedures.

b) The conformity assessment procedures instructions, and the numbers and titles of the standards and technical regulations, the prices for obtaining such, and the effective date thereof shall be published in the Official Gazette, provided that the approved instructions, standards and technical regulations enter into force not less than three months from the publication date.

c) Notwithstanding what is stated in this Article, where urgent problems of national security, safety, health, or environmental protection arise, technical regulations or conformity assessment procedures may be approved and applied immediately, provided that:

1. The WTO is notified immediately thereof and of the products to be covered by these technical regulations or conformity assessment procedures, together with a brief summary of their objectives and rationale, provided that the written comments received from the WTO Members shall be taken into account

2. The titles of the technical regulations and the conformity assessment procedures instructions are published in the Official Gazette.

3. Upon request thereof, any interested parties shall be allowed to become acquainted with the approved technical regulation or conformity assessment procedures.

Article 24:                  (Top)
a) Notwithstanding what was stated in any other legislation, all official bodies when preparing, approving and applying technical regulations or conformity assessment procedures pursuant to their respective legislation shall comply with the provisions of this Law with regards to technical regulations or conformity assessment procedures, taking into account that the provisions of Articles (10) and (21) of this Law shall apply exclusively to the Institution.

b)

1. The organization and all official bodies shall co-ordinate when preparing and issuing technical regulations or conformity assessment procedures to avoid any inconsistency with any existing technical regulations or conformity assessment procedures.

2. These technical regulations shall become effective from the date determined by any of these official bodies.

Article 25:                  (Top)
The Organization shall, through its inquiry point, undertake the following:

a)

1. To answer any inquiry from any relevant body within and outside the Kingdom concerning the proposed or approved standards, technical regulations, metrology and conformity assessment procedures in the Kingdom;

2. To provide any of the relevant bodies with information concerning the membership and participation of the organization or any official body in Arab, regional and international organizations and bodies that operate in the fields of standardization, metrology, technical regulations, quality, conformity assessment and accreditation, and any mutual recognition agreements signed with these organizations and bodies.

3. Where copies of available documents concerning any of the matters mentioned in Subparagraphs (1 and 2) of this Paragraph are requested, these shall be supplied, where possible, at a price which reflects the cost of the supplied documents as determined in accordance with the instructions issued by the Board for that purpose.

4. All procedures provided for in Subparagraphs (1, 2 and 3) of this Paragraph shall be completed no later than forty-five from the submission of an inquiry.
   

b) All official bodies shall, not later than ten days of being so requested, provide the organization with all the necessary information concerning the technical regulations and conformity assessment procedures and copies of such, to enable the Institution to take the necessary procedures within the period set out in Subparagraph (4) of Paragraph (a) of this Article.

THE INSTITUTION'S BUDGET AND REVENUES

Article 26:                  (Top)

1. The Organization shall have an independent budget, to be administered in accordance with the regulations in force.

2. The Organization shall follow in regulating its accounts and books the rules and principles of commercial accounting.

3. The Organization shall be responsible for preparing a report of its activities, including its general budget, at the end of each fiscal year (end of March) to be submitted to the Cabinet.

4. The budget shall be audited annually by the Auditing Bureau, and the Organization may appoint an auditor for it.

Article 27:                  (Top)

1. The fees for services, testing, analysis, calibration, stamping carried out on products, materials, and measuring instruments produced and manufactured in the Kingdom, imported to or exported from the Kingdom, shall be determined in accordance with instructions issued by the Board, and shall be paid by the parties requesting such services.

2. The fees for granting the quality mark, certificates of conformity and accreditation for laboratories shall be determined in accordance with instructions issued by the Board, and shall be paid by the parties to which such conformity assessment activities are carried out in order to grant them the quality mark, the certificate of conformity, or accreditation.

3. The fees and prices charged for the services provided by the organization shall reflect solely the cost of such services.

4. Notwithstanding what is stated in any other legislation, no Ministry, government department, public corporation, natural person, or corporate entity shall be exempt from paying the fees and financial charges and duties imposed for the activities and services that the Institution performs, pursuant to this Law or any of the related regulations, or instructions issued by the Board.

Article 28:                  (Top)
The revenues of the organization comprise of:

1. Fees, services and costs paid for the services provided by the Organization;

2. Allocations in the general budget;

3. Loans, grants, donations, and assistance provided to the Institution and approved by the Board;

4. Any other revenues approved by the Board.

Article 29:                  (Top)

1. The Organization shall entertain all exemptions and facilities provided for all other ministries and public departments.

2. The funds of the Institution shall be considered as public property, and shall be collected pursuant to the collection of Public Property Law in force.

PROCEDURES AND SANCTIONS

Article 30:                  (Top)

1. The Organization shall send a written notice to the producer or owner of any product found not to be in conformity with a technical regulation, requiring compliance of the product within a period specified by the Institution.

2. If the producer or the owner of the product or material referred to in Paragraph (a) of this Article does not comply with the technical regulation issued by the Organization within the specified period, the Chairman, upon the recommendation of the Director General, shall order the closure of the shop, factory, warehouse, or facility containing the product or material until the violation is corrected.

3. If the product or material is found not to be in compliance with the applicable technical regulation issued by the Organization, the Director General shall issue a written order to seize, dispose of, or re-export the product, or alter its manufacture in such a way as to bring it into compliance with the technical regulation.

4. The Chairman shall be authorized, upon the recommendation of the Director General, to order the closure of any factory not in compliance with the environmental technical regulation issued by the Public Organization for Environmental Protection until the violation is corrected.

5. Any illegal measuring instrument found in any shop, factory, warehouse or facility shall be seized.

Article 31:                  (Top)
a) Without prejudice to any penalty stipulated in any other Law, any person or firm that commits any of the violations stated herein shall be liable to a fine of not less than five hundred Dinars and not more than five thousand or imprisonment for at least four months but not more than six months, or to both punishments. For recurrent violations the punishment shall be the maximum of both punishments:

1. The illegal manufacturing or sale of measuring instruments, or manipulation of legal measuring instruments;

2. The use of any measuring instruments which are not sealed or stamped by the Organization or which are otherwise illegal;

3. Not allowing any officer authorized pursuant to this Law to seize illegal measuring instruments whether they belong to the violator or to others;

4. Not allowing any officer authorized pursuant to this Law to enter into any factory, shop, warehouse, or any other facility for the inspection, search, testing or analysis of any product, material, or measuring instrument produced, used, displayed for sale, stored, or maintained in that factory, warehouse, or facility;

5. Manipulation of the stamps, seals, marks, reports, or certificates used by the Organization, or issued by it;

6. Forging the measurements and sizes of products or materials;

7. Offering or displaying products not in compliance with the technical regulations in the markets or shopping areas;
   

8. Manipulating data on the product label and forging or fabricating forged labels and packages;

9. Writing any information indicating compliance with Jordanian Standards or technical regulations on the product label without a written approval from the Organization or other relevant official body;

10. Deceiving or cheating the consumer through misleading advertisement of the products or materials produced, imported, or sold, and mixing fuel and any such activities.

b) Any person forging a stamp, seal, mark, certificate, fabricating a seal used by the Organization for the purpose of carrying out its duties under the Law, or using a forged stamp, mark or certificate shall be subject to the punishment for forgery pursuant to the Penal Code.

c) Any person violating the provisions of Paragraph (a) of Article (16) and Articles (17) and (22) of this Law shall be liable to a fine not less than a hundred Dinars and not more than a thousand.

d) The Organization shall be entitled to publish the names of persons convicted of the violations stated herein in the media.

CONCLUDING PROVISIONS

Article 32:                  (Top)
The Cabinet shall issue the regulations required for implementing the provisions of this Law, including the regulations related to the Organization's financial, supply and personnel affairs.

Article 33:                  (Top)
All instructions referred to in this Law shall be published in the Official Gazette and shall come into force 30 days after their publication.

Article 34:                  (Top)
The Standards and Metrology Law No. 15 for the Year 1994 is cancelled. All regulations, instructions and decisions issued pursuant to that Law will remain in effect as long as they do not contradict the provisions of this Law, until they are either cancelled or replaced by others in accordance with its provisions.

Article 35:                  (Top)
The Prime Minister and the other Ministers in the Kingdom shall be responsible for the implementation of the provisions set out in this Law.