النظام القانوني للتقييس ودوره في ضمان أمن المنتجات في التشريع الجزائري.

Abstract

Standardization has emerged as the result of the development of industry and the rise of production, as well as of the competition that results from it. In the context of this process, the legislator, in 1973 set up the legal framework for the creation of the Algerian institute for standardization and industrial property, then in 1989 the first law relating to standardization was published, this laws were repealed in 2004 by law N ° 04 - 04 relating to standardization, modified and supplemented by law N ° 16-04. Through this law the legislator to work to specify and update, the objectives of standardization in accordance with scientific, technological and economic development. It also established the legal framework for the creation of a set of bodies headed by the Algerian Institute for Standardization which works in close collaboration with standardization bodies at regional and international level, in particular the international organization of standardization (ISO). Standardization is of great importance, and benefits both for the producer and for the consumer. Faced with the magnitude of the risks associated with various products, standardization reference documents play a vital role in preserving health, the environment, and consumer safety. This is why the legislator adopted this system as a mechanism to ensure the safety of products, and this through the obligation of compliance with conditions and specifications, in particular those provided for by technical regulations. The application of these is considered by the legislator to be mandatory, so any stakeholder must certify that their product complies with technical regulations and the various levels and conformity assessment procedures. In order to ensure compliance with the obligation of products to comply with the conditions and specificities related to their safety, and included in standardization reference documents, and to prevent the dangers of non-compliant products, the legislator has put in place a set of control procedures that are assigned to the bodies concerned at internal level, as well as at borders. They also established and with the aim of deterring offenders, a set of penalties which must be applied on the basis of liability. However and despite all these legal provisions and procedures, the market is now experiencing a phenomenon of the spread of a large quantity of unsafe products, which have caused and still cause serious harm to health, safety and life. even from the consumer. This is due to several reasons, the most important of which is product fraud and the inadequacy of the mechanism accredited by the supervisory authorities concerned on the one hand and the inability of the latter to fully exercise their role on the other hand.