(Unofficial translation)

Law of the Republic of Belarus

January 5, 2004 г. No. 262-Z

[Amended as of October 24, 2016]

On technical regulation and standardization

Adopted by the House of Representatives on November 26, 2003
Approved by the Council of Republic on December 18, 2003

 

This Law is aimed at regulating of relations arising upon development, establishing and application of technical requirements to products, other objects of technical regulation and objects of standardization, other relations related thereto, and also at defining legal and organizational bases of technical regulation and standardization, single state policy in this field.

CHAPTER 1
GENERAL PROVISIONS

Article 1. Main terms used in this Law and their definitions

1. For the purposes of this Law, the following main terms and their definitions are used:

1.1. state registration - activity on assignment of registration numbers to technical regulations of the Republic of Belarus, technical codes of good practice, state standards of the Republic of Belarus (hereinafter - state standard), state-wide classifiers of the Republic of Belarus (hereinafter - state-wide classifier), technical conditions, except for technical conditions not subject to state registration in accordance with clause 5 of Article 26 of this Law, for the purpose of record keeping and identification of those acts;

1.2. The state system of product cataloging – a state information system that ensures collection, processing, accumulation, storage, distribution and/or provision of information obtained during the cataloging of products;

1.3. state standard – a standard that is a technical normative legal act of the Republic of Belarus and approved by the State Committee on Standardization of the Republic of Belarus;

1.4. documents in the field of technical regulation and standardization, which are not technical normative legal acts of the Republic of Belarus (hereinafter - documents in the field of technical regulation and standardization), - international standards, interstate and other regional standards, as well as other documents in the field of technical regulation and standardization adopted by international organizations or foreign states, cases, order and limits of application of which are established by this Law, legal acts of the President of the Republic of Belarus and/or treaties of the Republic of Belarus, with the exception of international legal instruments constituting the law of the Eurasian Economic Union (hereinafter - law of the Eurasian Economic Union);

1.5. products cataloging - activity on identification, separation and grouping on certain characteristics, coding and ordering (uniform description) of information on the product nomenclature and technical requirements for it, established by the technical normative legal acts of the Republic of Belarus and documents in the field of technical regulation and standardization, for purposes of record keeping of the nomenclature of products produced in the Republic of Belarus and imported to its territory, providing interested subjects of technical regulation and standardization with information on the nomenclature and properties of such products, their manufacturers, ensuring the prevention of actions that mislead consumers of products with regard to their purpose, quality and safety, improving the competitiveness of products, their technical compatibility and interchangeability, carrying out of public procurement of goods and for other purposes, established by acts of legislation of the Republic of Belarus;

1.6. interstate standard – a regional standard adopted by the Interstate Council for Standardization, Metrology and Certification of the Commonwealth of Independent States;

1.7. international organization for standardization – an international organization carrying out standardization activities, whose members (participants) may be the national standardization bodies of any state;

1.8. international standard - a standard adopted by the international organization for standardization;

1.9. The national system of technical regulation and standardization of the Republic of Belarus – a set of technical normative legal acts in the field of technical regulation and standardization, information resources containing such acts, subjects of technical regulation and standardization, as well as rules and procedures for the functioning of the system as a whole;

1.10. national institute for standardization – a state organization subordinated to the State Committee for Standardization of the Republic of Belarus, which is entrusted with the functions of conducting scientific research in the field of methodology of technical regulation and standardization, other functions in the field of technical regulation and standardization in accordance with this Law and other acts of legislation of the Republic of Belarus;

1.11. The National Fund of Technical Normative Legal Acts – a systematized fund of technical normative legal acts of the Republic of Belarus, international standards, interstate and other regional standards, information on them, as well as other documents and information resources provided by acts legislation of the Republic of Belarus, on paper and/or in the form of a computer data bank with a reference and search apparatus based on information technologies;

1.12. state-wide classifier – a technical normative legal act of the Republic of Belarus developed in the process of standardization and containing compulsory technical requirements aimed at the distribution of technical-and- economic and social information in accordance with its classification (classes, groups, kinds and other classification groupings);

objects of standardization - products, processes of development, design, survey, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products, performance of works, rendering of services, management systems, testing, research and measurements, sampling, terminology, symbols, packaging, labeling, labels and affixing them, competence of personnel in performing certain tasks, rendering certain services, competence of a legal person of the Republic of Belarus or a foreign legal persons in the performance of works on conformity assessment to the technical requirements, and other objects in respect of which it is possible and necessary to establish technical requirements in the standardization process;

1.14. objects of technical regulation - products or products and processes related to technical requirements to products, processes of development, design, research, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realizing and utilization;

1.15. departmental organization for standardization – a state organization subordinated to the republican body of state administration established (determined) by it, if necessary, in the established order to carry out scientific research in the field of technical regulation and standardization, taking into account the specifics of a certain branch of the economy or sphere of activity, carrying out other functions in the field of technical regulation and standardization in accordance with this Law and other acts of legislation of the Republic of Belarus;

1.16. official edition - printed or electronic edition with the text of a technical normative legal act in the field of technical regulation and standardization and/or an interstate standard, and/or information on such an act, and/or a standard that is prepared, manufactured, published and distributed (is provided) by subjects of technical regulation and standardization specified in clauses 3-8 of Article 31 of this Law;

1.17. official dissemination (distribution) - sale or distribution (provision) of an official publication in another way on a paid-for or gratuitous basis, as well as the dissemination (provision) of the text of a technical normative legal act in the field of technical regulation and standardization and/or interstate standard and/or information about such an act and/or the standard in electronic form on a paid-for or gratuitous basis, including as part of databases or databanks, other information resources, including information resources placed in the global computer network Internet, which is carried out by subjects of technical regulation and standardization, specified in clauses 3-8 of Article 31 of this Law;

1.18. verification of the technical normative legal act in the field of technical regulation and standardization – activity on periodic evaluation of the scientific and technical level of an approved technical normative legal act in the field of technical regulation and standardization, analysis of its compliance with other acts of legislation of the Republic of Belarus, treaties of the Republic of Belarus, technical regulations of the Eurasian Economic Union, compatibility with with international standards, interstate and other regional standards, which is carried out after putting in effect of that act by the subject of technical regulation and standardization that approved such an act and/or organized its development, and as a result of which a conclusion shall be made about its remaining in effect without revision and modification or about the need of revision, modification or cancellation of such an act;

1.19. products – result of an activity, presented in a tangible form and intended for further use for economic and other purposes;

1.20. work – activity whose results have material expression and can be realized to meet the needs of legal persons of the Republic of Belarus, foreign or international legal persons (organizations not being legal persons) (hereinafter, unless otherwise determined – legal persons) or citizens of the Republic of Belarus, foreign citizens or stateless persons, including individual entrepreneurs (hereinafter, unless otherwise determined – natural persons);

1.21. regional organization for standardization – an international organization carrying out standardization activities, whose members (participants) may be national bodies for standardization of the states that are part of a certain geographical or other region of the world or are in accordance with international treaties in the process of economic integration;

1.22. regional standard - a standard adopted by the regional organization for standardization;

1.23. system of complex information support in the field of technical regulation and standardization – an organized aggregate of state information resources in the field of technical regulation and standardization and information technologies ensuring interaction between subjects of technical regulation and standardization in the process of planning activities for technical regulation and standardization, development, approval, state registration, verification, revision, modification, cancellation, application, official interpretation and official distribution (provision) of technical normative legal acts in the field of technical regulation and standardization, carrying out of other activities in the field of technical regulation and standardization;

1.24. standard - a document developed in the process of standardization on the basis of the consent of the majority of interested subjects of technical regulation and standardization and containing technical requirements for standardization objects;

1.25. standardization - activity on the establishment of technical requirements for standardization objects for the purposes of their multiple and voluntary, unless otherwise provided by this Law or treaties of the Republic of Belarus, application in relation to recurring existing or potential tasks aimed at achieving the optimal degree of ordering in a certain area related to objects of standardization, and the main result of which is the development of technical codes of good practice, state-wide classifiers, standards and technical specifications;

1.26. standard of the organization – a standard that is a technical normative legal act of the Republic of Belarus approved by a legal person of the Republic of Belarus or an individual entrepreneur registered in the Republic of Belarus (hereinafter – individual entrepreneur) and containing technical requirements for standardization objects whose effect extends only to the legal person of the Republic of Belarus or individual entrepreneur who approved this standard;

1.27. technical normative legal acts in the field of technical regulation and standardization - technical regulations of the Republic of Belarus, technical codes of good practice, state standards, state-wide classifiers, technical conditions, standards of organizations;

1.28. technical requirements - quantitative and/or qualitative requirements (verbal and/or digital indicators, norms, characteristics, rules, methods, classifications, verbal and graphic descriptions) for objects of technical regulation or objects of standardization that are of a technical nature;

1.29. technical conditions - technical normative legal act of the Republic of Belarus developed in the process of standardization, approved by a legal person of the Republic of Belarus or by an individual entrepreneur and containing technical requirements for a particular type, brand, model, type of products being realized by them or for work being performed, services being rendered, including acceptance rules for products, works, services and technique (methods) of control;

1.30. technical code of good practice – a technical normative legal act of the Republic of Belarus developed in the process of standardization approved by the republican body of state administration or the National Bank of the Republic of Belarus and containing technical requirements, based on the results of good practice, to the processes of development, design, exploration, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and disposal of products or to performance of works, rendering of services;

1.31. technical regulation of the Republic of Belarus – technical normative legal act of the Republic of Belarus, developed in the process of technical regulation, approved by the Council of Ministers of the Republic of Belarus and containing binding technical requirements for the objects of technical regulation;

1.32. technical standardization – activity on establishing binding technical requirements for objects of technical regulation, the main result of which is the development of technical regulations of the Republic of Belarus and technical regulations of the Eurasian Economic Union;

1.33. technical regulation and standardization in the military sphere – technical regulation and standardization, the objects of which are arms, military equipment and other property used for military purposes, related to the requirements for arms, military equipment and other property used for military purposes, processes of development, design, research, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and disposal, other similar processes, and performance of works and rendering of services intended for military purposes (hereinafter - objects of technical regulation and standardization in the military sphere);

34. service – activity the results of which need not have material form and are realized and consumed in the course of carrying out that activity.

2. The term "technical regulation of the Eurasian Economic Union" is used in this Law in the meaning determined by the Treaty on the Eurasian Economic Union signed in Astana on May 29, 2014 (hereinafter – Treaty on the Eurasian Economic Union).

3. Terms "administrative procedure", "administrative decision" and "authorized body" are used in this Law in the meanings determined by the Law of the Republic of Belarus of October 28, 2008 "On Bases of Administrative Procedures".

Article 2. Legal regulation of relations in the sphere of technical regulation and standardization. Scope of application of this Law

1. Relations in the field of technical regulation and standardization in the Republic of Belarus are regulated by this Law and other acts of legislation of the Republic of Belarus, including technical normative legal acts in the field of technical regulation and standardization, the law of the Eurasian Economic Union, as well as treaties of the Republic of Belarus that do not constitute the law of the Eurasian Economic Union

2. In the cases, procedure and limits established by this Law, legal acts of the President of the Republic of Belarus and/or treaties of the Republic of Belarus, the documents in the field of technical regulation and standardization are also applied to relations in the field of technical regulation and standardization in the Republic of Belarus.

3. The norms of this Law concerning technical normative legal acts in the field of technical regulation and standardization, technical regulations of the Eurasian Economic Union, documents in the field of technical regulation and standardization, drafts of such acts, technical regulations and documents are also applied to changes in respective technical normative legal acts in the field of technical regulation and standardization, technical regulations of the Eurasian Economic Union, documents in the field of of the technical regulation and standardization, projects of such changes.

4. This Law does not apply to national accounting and reporting standards, International Financial Reporting Standards and their Interpretations adopted by the Fund of International Financial Reporting Standards, state minimum social standards, state social standards for servicing the population of the republic, the Single Legal Classifier of the Republic of Belarus, international, interstate, statistical and other classifiers, which are not state-wide, and also with regard to educational standards, veterinary and sanitary rules, sanitary norms and rules, hygienic standards, norms and rules of fire safety, norms and rules for ensuring technical, industrial, nuclear and radiation safety, other technical normative legal acts of the Republic of Belarus that are not related to the field of technical regulation and standardization.

5. Specific features of technical regulation and standardization in the military sphere, the sphere of protection of state secrets and other information, in the field of nuclear energy use, ensuring nuclear and radiation safety, telecommunications are established by acts of legislation of the Republic of Belarus.

6. If a treaty of the Republic of Belarus establishes other rules than those contained in this Law, the rules of the treaty are applied.

Article 3. Subjects of technical regulation and standardization

1. Subjects of technical regulation and standardization are:

1.1. The President of the Republic of Belarus and state bodies carrying out state regulation in the field of technical regulation and standardization;

1.2. national institute for standardization, departmental organizations for standardization, as well as other legal persons that are not state bodies carrying out state regulation in the field of technical regulation and standardization, and participate in relations in the field of technical standardization and standardization;

1.3. natural persons that participate in relations in the field of technical standardization and standardization;

1.4. technical committees for standardization.

2. Subjects of technical regulation and standardization may be other subjects that, in accordance with the acts of the legislation of the Republic of Belarus or treaties of the Republic of Belarus, are endowed with rights and duties (powers) in the field of technical regulation and standardization and participate in relations in the field of technical regulation and standardization.

Article 4. Objective and principles of technical regulation and standardization

1. The objective of technical regulation and standardization shall be ensuring:

1.1. protection of life, health and heredity of a human being, property and protection of environment;

1.2. prevention of actions misleading the consumers of production (works, services) concerning its intended use, quality and safety.

1.3. increase of the competitiveness of products, works and services, as well as ensuring their compliance with their functional purpose, optimizing and unifying their nomenclature;

1.4. elimination of technical barriers in trade;

1.5. unity of measurements;

1.6. technical and information compatibility, as well as interchangeability of products;

1.7. energy efficiency and rational use of resources (resource-saving);

1.8. scientific, technological, information and military security.

2. Technical regulation and standardization are based on the following principles:

2.1. compliance with the requirements of technical regulations of the Republic of Belarus, as well as technical regulations of the Eurasian Economic Union;

2.2. accessibility in accordance with the requirements of this Law and the law of the Eurasian Economic Union of the texts of technical regulations of the Republic of Belarus, technical regulations of the Eurasian Economic Union, technical codes of good practice, state standards, state-wide classifiers, their drafts, information on them for interested subjects of technical regulation and standardization, with the exception of cases of restriction of the access, if these acts, draft acts contain data constituting state secrets or service information of limited dissemination;;

2.3. priority use of international standards, interstate and other regional standards;

2.4. use of modern achievements of science and technology;

2.5. ensuring the right of participation of legal and natural persons, technical committees on standardization in the development of technical regulations of the Republic of Belarus, technical codes of good practice, state standards;

2.6. voluntary nature of the application of technical codes of good practice and state standards, with the exception of cases provided for by this Law or legal acts of the President of the Republic of Belarus.

Article 5. Financing in the field of technical regulation and standardization

Sources of financing in the field of technical regulation and standardization are means of the republican and local budgets, including state special purpose budgetary funds, as well as means of non-budgetary centralized investment funds, interested legal and natural persons, and other non-prohibited sources.

CHAPTER 2
STATE REGULATION, STATE CONTROL (SUPERVISION) IN THE FIELD OF TECHNICAL REGULATION AND STANDARDIZATION

Article 6. Carrying out legal regulation in the field of technical regulation and standardization

State regulation in the field of technical regulation and standardization is carried out by the President of the Republic of Belarus, the Council of Ministers of the Republic of Belarus, the State Committee for Standardization of the Republic of Belarus, other republican bodies of state administration, the National Bank of the Republic of Belarus within their competence.

Article 7. Powers of the President of the Republic of Belarus in the field of technical regulation and standardization

The President of the Republic of Belarus in the field of technical regulation and standardization determines a single state policy and exercises other powers provided for by the Constitution of the Republic of Belarus, this Law and other legislative acts of the Republic of Belarus.

Article 8. Powers of the Council of Ministers of the Republic of Belarus in the field of technical regulation and standardization

1. The Council of Ministers of the Republic of Belarus in the field of technical regulation and standardization:

1.1. ensures the implementation of the single state policy;

1.2. approves the program of development of technical regulations of the Republic of Belarus;

1.3. establishes the procedure for the development, approval, state registration, verification, revision, modification, cancellation, application, official dissemination (provision) of technical regulations of the Republic of Belarus, official dissemination (provision) of information on them, as well as the placement of draft technical regulations of the Republic of Belarus, notifications about their development and about completion of their consideration in the global computer network Internet, with the exception of the regulation of issues regulated by this Law and other legislative acts of the Republic of Belarus;

1.4. determines the authorized bodies that perform the state registration of technical conditions, with the exception of technical conditions that are not subject to state registration in accordance with clause 5 of Article 26 of this Law, establishes an exhaustive list of documents (data) to be submitted for the state registration of technical conditions, time limits of carrying out the state registration of technical conditions, validity terms of the state registration of technical conditions, the amount of fees charged when carrying out the state registration of technical conditions, or the order for determining it;

1.5. approves the rules of technical regulation and standardization in the military sphere;

1.6. approves, brings into effect, modifies, cancels technical regulations of the Republic of Belarus;

1.7. carries out an official interpretation of technical regulations of the Republic of Belarus or determines republican bodies of state administration subordinated to the Council of Ministers of the Republic of Belarus authorized to carry out official interpretation of technical regulations of the Republic of Belarus;

1.8. organizes the development of draft technical regulations of the Eurasian Economic Union (if the Republic of Belarus is defined in accordance with the law of the Eurasian Economic Union as the party responsible for the development of such projects), in accordance with the law of the Eurasian Economic Union, determines the republican bodies of state administration subordinated to the Council of Ministers of the Republic of Belarus responsible for development of the position of the Republic of Belarus, participation in international negotiations on draft technical regulations the Eurasian Economic Union;

1.9. organizes the development of action plans for the implementation of the requirements of technical regulations of the Eurasian Economic Union in the Republic of Belarus, determines the republican bodies of state administration and other state organizations subordinated to the Council of Ministers of the Republic of Belarus that approve such action plans, organizes the implementation of the mentioned plans;

1.10. determines the republican bodies of state administration and other state organizations subordinated to the Council of Ministers of the Republic of Belarus that carry out cooperation of the Republic of Belarus with international organizations engaged in activities in the field of technical regulation and standardization;

1.11. determines the republican bodies of state administration authorized to approve state-wide classifiers, establishes the procedure for the development, approval, state registration, verification, revision, modification, cancellation, application, official dissemination (provision) of state-wide classifiers, official dissemination (provision) of the information on them, with the exception of regulation of issues regulated by this Law and other legislative acts of the Republic of Belarus;

1.12. ensures the creation of the National Fund of Technical Normative Legal Acts, establishes the procedure for maintaining that fund and the rules for using it;

1.13. ensures the creation of the State system of product cataloging and establishes the order of its functioning.

2. The Council of Ministers of the Republic of Belarus carries out other powers in the field of technical regulation and standardization in accordance with the Constitution of the Republic of Belarus, this Law, other laws of the Republic of Belarus and acts of the President of the Republic of Belarus.

Article 9. Powers of the State Committee for Standardization of the Republic of Belarus in the field of technical regulation and standardization

1. The State Committee for Standardization of the Republic of Belarus in the field of technical regulation and standardization:

1.1. implements the single state policy;

1.2. ensures within its competence the creation and functioning of the National System of Technical Regulation and Standardization of the Republic of Belarus;

1.3. participates in the established order in the development of draft legislative acts of the Republic of Belarus on technical regulation and standardization;

1.4. carries out the general organization and/or coordination of the development of technical regulations of the Republic of Belarus, state standards;

1.5. organizes the development of the program for the development of technical regulations of the Republic of Belarus, participates in its implementation;

1.6. organizes the development of a plan for state standardization of the Republic of Belarus, approves it, participates in its implementation;

1.7. establishes the procedure for the development, including conducting of normative and technical and metrological examinations, approval, state registration, verification, revision, modification, cancellation, application, official dissemination (provision) of technical codes of good practice, state standards, official dissemination (provision) of information on them, as well as the placement of draft technical codes of good practice, state standards, notifications about their development and about completion of their consideration in the global computer network Internet, with the exception of the regulation of issues regulated by this Law, other legislative acts of the Republic of Belarus or normative legal acts of the Council of Ministers of the Republic of Belarus;

1.8. establishes the procedure of development, including conducting of normative and technical and metrological examinations, interstate standards, carried out the overall organization and/or coordination of the development of interstate standards (if the development of interstate standards is carried out by the Republic of Belarus);

1.9. establishes the procedure for the development, approval, state registration, modification and cancellation of technical conditions, with the exception of the regulation of issues specified in sub-clause 1.4 of clause 1 of Article 8 of this Law and other issues regulated by this Law, other legislative acts of the Republic of Belarus or normative legal acts of the Council of Ministers;

1.10. organizes the development of technical codes of good practice, approved by him, approves, puts into effect, changes, cancels technical codes of best practice and state standards;

1.11. carries out the state registration of technical normative legal acts in the field of technical regulation and standardization subject to state registration, with the exception of cases when in accordance with sub-clause 1.4 of clause 1 of Article 8 of this Law for the state registration of technical conditions, the Council of Ministers of the Republic of Belarus defines other authorized bodies;

1.12. exercises state control (supervision) in accordance with Articles 15-17 of this Law, other legislative acts of the Republic of Belarus;

1.13. organizes or conducts verification of technical codes of good practice, state standards approved by him;

1.14. participates within the limits of its competence in the preparation and consideration of draft decisions and recommendations of the Eurasian Economic Commission, conducting of the procedure for the cancellation or modification of decisions adopted by the College of the Eurasian Economic Commission, and the preparation of initiative proposals for consideration at the meetings of the Council of the Eurasian Economic Commission and/or the College of the Eurasian Economic Commission, interacts with the Ministry of Economy of the Republic of Belarus and other state bodies (organizations), other organisations on those issues, including in the case of designation as a responsible executive, organizes and carries out methodological guidance of the preparation and consideration of draft decisions and recommendations of the Eurasian Economic Commission in the field of technical regulation;

1.15. participates as a national body for standardization in work on international and interstate (regional) standardization, represents within the limits of its competence the Republic of Belarus in international and regional standards organizations;

1.16. concludes, within its powers, treaties of the Republic of Belarus of a interdepartmental nature;

1.17. carries out official interpretation of technical codes of good practice and state standards, approved by him;

1.18. determines from state organizations, subordinated thereto, a state organization acting as a national institute for standardization;

1.19. organizes the implementation of scientific research works in the field of technical regulation and standardization, including with engagement of scientific organizations and other subjects of scientific activity for the performance of those works;

1.20. creates and maintains the National Fund of Technical Normative Legal Acts in the order established by the Council of Ministers of the Republic of Belarus;

1.21. creates and develops the Integrated information support system in the field of technical regulation and standardization, organizes its operation;

1.22. creates the State system of product cataloging, organizes its functioning.

2. The State Committee for Standardization of the Republic of Belarus exercises other powers in the field of technical regulation and standardization in accordance with this Law and other acts of legislation of the Republic of Belarus.

Article 10. Powers of other republican bodies of state administration, the National Bank of the Republic of Belarus in the field of technical regulation and standardization

1. Other republican bodies of state administration, the National Bank of the Republic of Belarus within its competence in the field of technical regulation and standardization:

1.1. participate in realization of the single state policy;

1.2. organize and/or coordinate the development of technical regulations of the Republic of Belarus, state standards, interstate standards (if the development of interstate standards is carried out by the Republic of Belarus), provided that the relevant republican body of state administration and the National Bank of the Republic of Belarus are designated as responsible executor (developer);

1.3. participate in the development and implementation of the program for the development of technical regulations of the Republic of Belarus, the state plan of standardization of the Republic of Belarus;

1.4. develop and approve branch-wide programs of technical regulation and standardization, programs (plans) for the development of the technical codes of good practice, being approved by them;

1.5. organize the development of technical codes of good practice, approved by them, approve, put into effect, change, cancel technical codes of good practice standards;

1.6. carry out official interpretation of technical codes of good practice, approved by them;

1.7. submit in the established order to the Council of Ministers of the Republic of Belarus for approval draft technical regulations of the Republic of Belarus, the development of which was organized by them;

1.8. conduct verification of technical codes of good practice approved by them, as well as state standards the development of which was organized by them;

1.9. participate in the preparation and consideration of draft decisions and recommendations of the Eurasian Economic Commission, conducting of the procedure for the cancellation or modification of decisions adopted by the College of the Eurasian Economic Commission, and the preparation of initiative proposals for consideration at the meetings of the Council of the Eurasian Economic Commission and/or the College of the Eurasian Economic Commission, interact with other state bodies (organizations), other organisations on those issues, including in the case of designation as a developer, participate in the preparation and consideration of draft decisions and recommendations of the Eurasian Economic Commission in the field of technical regulation;

1.10. participate in the work on international and interstate (regional) standardization, represent the Republic of Belarus within the limits of their powers in international organizations that carry out activities in the field of technical regulation and standardization;

1.11. organize the implementation of scientific research works in the field of technical regulation and standardization, including with engagement of scientific organizations and other subjects of scientific activity for the performance of those works.

2. Other republican bodies of state administration, the National Bank of the Republic of Belarus carry out within the limits of their competence other powers in the field of technical regulation and standardization in accordance with this Law and other acts of legislation of the Republic of Belarus.

Article 11. Functions of the national institute for standardization and departmental organizations for standardization in the field of technical regulation and standardization

1. The national institute for standardization in the field of technical regulation and standardization:

1.1. conducts scientific research for purposes of development and improvement of the methodology of technical regulation and standardization;

1.2. develops drafts of the program for development of technical regulations of the Republic of Belarus and the plan of state standardization of the Republic of Belarus, presents them to the State Committee for Standardization of the Republic of Belarus, participates in the implementation of such a program and plan;

1.3. develops, within the limits of its powers, draft acts of legislation of the Republic of Belarus on technical regulation and standardization, including technical normative legal acts in the field of technical regulation and standardization, draft interstate standards (if the development of interstate standards is carried out by the Republic of Belarus), draft technical regulations of the Eurasian Economic Union if the Republic of Belarus is defined in accordance with the law of the Eurasian Economic Union as a party responsible for the development of such drafts);

1.4. carries out technical support of planning processes for technical regulation and standardization, as well as the development, verification, revision, modification and cancellation of state standards, interstate standards;

1.5. carries out normative and technical expertise of draft technical codes of good practice to be approved by the State Committee for Standardization of the Republic of Belarus, draft state standards, as well as draft interstate standards (if the development of interstate standards is carried out by the Republic of Belarus);

1.6. carries out technical support and coordination of work with international and regional organizations on standardization;

1.7. ensures the functioning of the Integrated Information Support System in the field of technical regulation and standardization, interacts with other subjects of technical regulation and standardization for those purpose;

1.8. ensures the functioning of the State system of product cataloging in the order established by the Council of Ministers of the Republic of Belarus, interacts with other subjects of technical regulation and standardization for those purposes.

2. Departmental organizations for standardization in the field of technical regulation and standardization:

2.1. conduct scientific research;

2.2. participate in the development and implementation of the program for the development of technical regulations of the Republic of Belarus and the state plan of standardization of the Republic of Belarus;

2.3. develop drafts of departmental programs of technical regulation and standardization, participate in the implementation of such programs;

2.4. develop, within the limits of their powers, draft acts of legislation of the Republic of Belarus on technical regulation and standardization, including technical normative legal acts in the field of technical regulation and standardization, draft interstate standards (if the development of interstate standards is carried out by the Republic of Belarus), draft technical regulations of the Eurasian Economic Union if the Republic of Belarus is defined in accordance with the law of the Eurasian Economic Union as a party responsible for the development of such drafts);

2.5. carry out technical support of planning processes of activity on technical regulation and standardization in a respective branch of the economy or sphere of activities.

3. The national institute for standardization and departmental organizations for standardization exercise other powers in the field of technical regulation and standardization in accordance with this Law and other acts of legislation of the Republic of Belarus.

Article 12. Technical committees for standardization

1. In order to develop technical codes of good practice, state standards, interstate standards (if the development of interstate standards is carried out by the Republic of Belarus), create conditions for participation in the standardization process of all interested subjects of technical regulation and standardization on their proposals, the State Committee for Standardization of the Republic of Belarus, and in the field of architectural, town-planning and construction activities - the State Committee for Standardization of the Republic of Belarus together with the Ministry of Architecture and Construction of the Republic of Belarus may establish technical committees for standardization as working bodies.

2. Technical committees for standardization are not legal persons.

3. The order for creation and activities of technical committees for standardization is established by the State Committee for Standardization of the Republic of Belarus, and in the field of architectural, town-planning and construction activities - the State Committee for Standardization of the Republic of Belarus together with the Ministry of Architecture and Construction of the Republic of Belarus.

4. Composition of technical committees for standardization, list of objects of standardization assigned to them, regulations on those technical committees shall be approved having regard to proposals of interested subjects of technical regulation and standardization by the State Committee for Standardization of the Republic of Belarus, and in the field of architectural, town-planning and construction activities - the State Committee for Standardization of the Republic of Belarus together with the Ministry of Architecture and Construction of the Republic of Belarus.

5. Composition of technical committees for standardization shall be formed on principles of representation and voluntary participation of interested subjects of technical regulation and standardization.

6. Technical committees for standardization in accordance with objects of standardization assigned to them:

6.1. carry out preparation of proposals for development, modification and cancellation of technical codes of good practice, state standards, interstate standards;

6.2. participate in the development of draft technical codes of good practice, state standards, interstate standards, as well as in verification and revision of existing technical codes of good practice, state standards, interstate standards;

6.3. participate in the work of technical committees (subcommittees, groups) of international and regional organizations for standardization.

Article 13. International cooperation in the field of technical regulation and standardization

1. International cooperation in the sphere of technical regulation and standardization is carried out in accordance with acts of legislation of the Republic of Belarus and treaties of the Republic of Belarus on the basis of observance of generally recognized principles and norms of the international law.

2. International cooperation in the field of technical regulation and standardization includes participation:

2.1. in the work of the governing, coordinating and consultative bodies of international and regional organizations for standardization, the Eurasian Economic Union;

2.2. in technical committees (subcommittees, groups) of international and regional organizations for standardization, including the maintenance of secretariats of technical committees and subcommittees;

2.3. in the development of draft international standards, interstate and other regional standards, technical regulations of the Eurasian Economic Union;

2.4. in other directions of international cooperation.

3. The interests of the Republic of Belarus in international organizations that carry out activities in the field of technical regulation and standardization are represented by the State Committee for Standardization of the Republic of Belarus, other republican bodies of state administration designated by the Council of Ministers of the Republic of Belarus, state organizations subordinated to the Council of Ministers of the Republic of Belarus, as well as other state bodies (organizations) within the limits of their competence.

Article 14. Planning of activities on technical regulation and standardization

1. Planning of activities on technical regulation and standardization shall be carried out with a view of determining main prospective directions of activities in the sphere of technical regulation and standardization and may include the development:

1.1. of the program of development of technical regulations of the Republic of Belarus;

1.2. of the plan of state standardization of the Republic of Belarus;

1.3. branch-wide programs of technical regulation and standardization, programs (plans) of the development of the technical codes of good practice.

2. The program of development of technical regulations of the Republic of Belarus shall be developed as required. The developed program is approved by the Council of Ministers of the Republic of Belarus and placed on the official websites of the Council of Ministers of the Republic of Belarus and the State Committee for Standardization of the Republic of Belarus in the global computer network Internet.

3. The plan of state standardization of the Republic of Belarus is developed annually, approved by the State Committee for Standardization of the Republic of Belarus and placed on its official website in the global computer network Internet.

4. The plan of state standardization of the Republic of Belarus may contain:

4.1. arrangements for the development of draft technical regulations of the Republic of Belarus, technical codes of good practice, state standards, draft interstate standards (if the development of interstate standards is implemented by the Republic of Belarus), draft technical regulations of the Eurasian Economic Union (if the Republic of Belarus is defined in accordance with the law of the Eurasian Economic Union as a party responsible for the development of such drafts);

4.2. arrangements on verification and revision of acts and documents specified in sub-clause 4.1 of this clause;

4.3. time limits for implementation of arrangements stipulated by the plan of state standardization of the Republic of Belarus, indication of executors responsible for their implementation and sources of financing for those arrangements.

5. Branch-wide programs of technical regulation and standardization, programs (plans) of the development of technical codes of good practice may be developed and approved as required by republican bodies of state administration, the National Bank of the Republic of Belarus. At the same time, branch-wide programs of technical regulation and standardization, programs (plans) for the development of technical codes of good practice in the field of architectural, town-planning and construction activities shall be developed and approved by the Ministry of Architecture and Construction of the Republic of Belarus, taking into account proposals of interested state bodies (organizations). Programs (plans) of the development of technical codes of good practice shall be placed on the official websites of the state bodies that approved them, the National Bank of the Republic of Belarus in the global computer network Internet.

Article 15. Supervision of observance of requirements of technical normative legal acts in the field of technical regulation and standardization

1. Supervision of the observance of binding requirements of technical normative legal acts in the field of technical regulation and standardization is carried out by the State Committee for Standardization of the Republic of Belarus and regional (for the Minsk region and the city of Minsk) inspections of state supervision of the observance of requirements of technical regulations and standards and the state metrological supervision of the State Committee for Standardization of the Republic of Belarus (hereinafter – supervisory bodies of the State Standard) in the forms of inspection and monitoring in accordance with this Law and other legislative acts of the Republic of Belarus. The State Committee for Standardization of the Republic of Belarus plans, organizes and coordinates the work of the supervisory bodies of the State Standard when carrying out appropriate supervision.

2. Supervision of the observance of binding requirements of technical normative legal acts in the field of technical regulation and standardization is directly carried out by state inspectors of supervisory bodies of the State Standard, certified in the order established by the State Committee for Standardization of the Republic of Belarus (hereinafter - state inspectors).

3. The Chairman of the State Committee for Standardization of the Republic of Belarus is simultaneously the Chief State Inspector of the Republic of Belarus for Supervision of the observance of technical regulations (hereinafter – Chief State Inspector). A deputy Chairman of the State Committee for Standardization of the Republic of Belarus, whose duties include issues of the organization and implementation of state supervision, is also simultaneously the Deputy Chief State Inspector. The chiefs of regional (for the Minsk region and the city of Minsk) inspections of state supervision of the observance of requirements of technical regulations and standards and state metrological supervision of the State Committee for Standardization of the Republic of Belarus are ex officio chief state inspectors on supervision of the observance of technical regulations of respective regions (for the Minsk region and the city of Minsk) (hereinafter – chief state inspectors for regions). Deputy chiefs of regional (for the Minsk region and the city of Minsk) inspectorates of state supervision of the observance of requirements of technical regulations and standards and state metrological supervision of the State Committee for Standardization of the Republic of Belarus are ex officio deputy chief state inspectors for regions.

4. Inspected subjects, subjects of monitoring within the framework of supervision of the observance of binding requirements of technical normative legal acts in the field of technical regulation and standardization are legal persons of the Republic of Belarus, individual entrepreneurs and other subjects determined by the President of the Republic of Belarus, participating in the relations in the field of technical regulation and standardization, regulated by binding requirements of technical normative legal acts in the field of technical regulation and standardization.

5. Supervision of the observance of binding requirements of technical normative legal acts in the field of technical regulation and standardization is carried out at any of the stages of implementation of the processes of development, design, exploration, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products, performance of works, rendering of services, and the functioning (operation, use) of other objects of standardization.

Article 16. Powers of supervisory bodies of the State Standard, state inspectors, the Chief State Inspector, his deputy, chief state inspectors for regions, their deputies while carrying out the supervision

1. While carrying out inspections within the framework of the supervision of observance of binding requirements of technical normative legal acts in the field of technical regulation and standardization, supervisory bodies of the State Standard, state inspectors, within the limits of their competence, have the right:

1.1. to engage, upon agreement with the inspected subjects, their technical facilities and specialists;

1.2. to conduct, in the order established by the Council of Ministers of the Republic of Belarus and/or normative legal acts of the State Committee for Standardization of the Republic of Belarus, selection of samples and specimens of products to determine its compliance with binding requirements of technical legal acts in the sphere in the field of technical regulation and standardization;

1.3. to hand over (send) to the inspected subjects binding instructions issued by officials, authorized in accordance with their competence to review the inspection materials, of the supervisory bodies of the State Standard in the order established by the President of the Republic of Belarus, for eliminating violations established in the course of an inspection;

1.4. in cases of detection of violations of binding requirements of technical normative legal acts in the field of technical regulation and standardization that create a threat to national security (including by misleading consumers of products with respect to its purpose, quality or safety, lack of energy efficiency and rational use of resources (resource-saving) ), causing harm to the life and health of natural persons, the environment, in the order established by President of the Republic of Belarus, to issue prescriptions on the suspension (prohibition) of the transfer of products, implementation of the processes of development, design, survey, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products or performance of works, rendering of services, functioning ( operation, use) of other objects of standardization that do not comply with the binding requirements of technical normative legal acts in the field of technical regulation and standardization. The said prescriptions shall be handed over (sent), approved, cancelled (modified) in the order established by the President of the Republic of Belarus.

2. The Chief State Inspector, his deputy has the powers provided for in clause 1 of this Article, and also have the right on behalf of the State Committee for Standardization of the Republic of Belarus:

2.1. in cases of detection of violations of binding requirements of technical normative legal acts in the field of technical regulation and standardization that create a threat to national security (including by misleading consumers of products with respect to its purpose, quality or safety, lack of energy efficiency and rational use of resources (resource-saving) ), causing harm to the life and health of natural persons, the environment, to issue prescriptions on the suspension (prohibition) of processes related to the requirements for products and construction, non-complying with binding requirements of technical normative legal acts in the field of technical regulation and standardization;

2.2. to issue prescriptions on the organization of return by consumers (recall from consumers) and/or withdrawal from circulation of products that do not comply with binding requirements of technical normative legal acts in the field of technical regulation and standardization;

2.3. in order to ensure national security (including by excluding the misleading of consumers of products about their intended use, quality or safety, lack of energy efficiency and rational use of resources (resource-saving)), protecting the life and health of natural persons and the environment, to issue prescriptions for suspension (prohibition ) of the transfer of products, performance of the processes of development, design, exploration, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products or performance of works, rendering of services, and also functioning (operation, use) of other objects of standardization in cases of obstructing the conduct of an inspection or creating conditions that obstruct its conducting, if that creates a threat to the national security (including by misleading consumers of products about its intended use, quality or safety, lack of energy efficiency and rational use of resources (resource saving)), life and health of natural persons, the environment.

3. The chief state inspectors for regions, their deputies, along with the powers provided for by clause 1 of this Article, have the right, on behalf of the regional (for the Minsk regions and the city of Minsk) inspections of state supervision of the observance of requirements of technical regulations and standards and state metrological supervision of the State Committee for Standardization The Republic of Belarus, to exercise the powers provided for by sub-clauses 2.2 and 2.3 of clause 2 of this Article.

4. Supervisory bodies of the State Standard, the Chief State Inspector, his deputy, chief state inspectors for the regions, their deputies, state inspectors exercise other powers provided for by legislative acts of the Republic of Belarus.

Article 17. State control over (supervision of) observance of the requirements of technical regulations of the Eurasian Economic Union in the Republic of Belarus and indicators not included in the technical regulations of the Eurasian Economic Union, but declared by the manufacturer (seller, supplier, importer) of products in contracts for the supply (sale) of products, in its marking or operating documentation

1. The system of bodies of state control (supervision) over observance of the requirements or technical regulations of the Eurasian Economic Union in the sphere of consumer market include the State Committee for Standardization of the Republic of Belarus, Ministry of Health of the Republic of Belarus, Ministry of Agriculture and Food of the Republic of Belarus, Ministry of Antimonopoly Regulation and Trade of the Republic of Belarus, Ministry of on Emergency Situations of the Republic of Belarus, as well as control (supervisory) bodies being a part thereof (of the system thereof) having appropriate powers. Authorized (competent) bodies of the Republic of Belarus responsible for exercising state control (supervision) over observance of the requirements of the technical regulations of the Eurasian Economic Union in the Republic of Belarus are determined by the Council of Ministers of the Republic of Belarus for each technical regulation of the Eurasian Economic Union.

2. The state control (supervision) over observance of the requirements of the technical regulations of the Eurasian Economic Union in the Republic of Belarus is carried out by the bodies state control (supervision) over observance of the requirements of the technical regulations of the Eurasian Economic Union in the sphere of the consumer market and the bodies of the Committee of State Control of the Republic of Belarus within the limits of powers granted to them in the forms of inspections and monitoring in the order established by the President of the Republic of Belarus and treaties of the Republic of Belarus that constitute the law of the Eurasian Economic Union.

3. State control (supervision) over observance of indicators not included in the technical regulations of the Eurasian Economic Union, but declared by the manufacturer (seller, supplier, importer) of products in contracts for the supply (sale) of products, in its marking or operational documentation, is carried out by supervisory bodies of the State Standard in the forms of inspections and monitoring in the order established by the President of the Republic of Belarus.

4. When conducting inspections within the framework of state control (supervision) provided for by clauses 2 and 3 of this Article, supervisory bodies of the State Standard, the Chief State Inspector, his deputy, chief state inspectors for the regions, their deputies, state inspectors, within the limits of their competence, shall enjoy the powers provided for by clauses 1 and 2 of Article 16 of this Law, as well as other legislative acts of the Republic of Belarus. Other bodies of state control (supervision) over observance of the requirements of the technical regulations of the Eurasian Economic Union in the sphere of the consumer market, the bodies of the Committee of State Control of the Republic of Belarus, when conducting inspections within the framework of state control (supervision) provided for in clause 2 of this Article, within the limits of their competence, exercise powers provided for by the legislative acts of the Republic of Belarus.

CHAPTER 3
TECHNICAL NORMATIVE LEGAL ACTS IN THE FIELD OF TECHNICAL REGULATION AND STANDARDIZATION, TECHNICAL REGULATION OF THE EURASIAN ECONOMIC UNION AND DOCUMENTS IN THE FIELD OF TECHNICAL REGULATION AND STADARDIZATION

Article 18. Requirements for technical regulations of the Republic of Belarus, the order of their development, approval, modification, cancellation, putting into effect. Technical regulations of the Eurasian Economic Union

1. Technical regulations of the Republic of Belarus shall be designed with a view to protect the life, health and heredity of an individual, property, environmental protection, prevention of actions that mislead consumers of products about their intended use, quality or safety, as well as ensuring energy efficiency and rational use of resources (resource-saving). Development of technical regulations of the Republic of Belarus for other purposes are not allowed.

2. A technical regulation of the Republic of Belarus must contain technical requirements for objects of technical regulation and for their identification, rules for the release of products into circulation.

3. A technical regulation of the Republic of Belarus may contain requirements for terminology, packaging, forms of conformity assessment with technical requirements of the technical regulation of the Republic of Belarus of object of technical regulation, rules for marking products with the sign of compliance with a technical regulation of the Republic of Belarus, and other requirements necessary to ensure operation of the technical regulation of the Republic of Belarus.

4. A technical regulation of the Republic of Belarus may establish technical requirements directly or by reference to technical codes of good practice, state standards.

5. Technical regulations of the Republic of Belarus are developed in relation to products that are included in the unified list of products for which mandatory requirements are established within the framework of the Eurasian Economic Union, formed in accordance with the Treaty on the Eurasian Economic Union and in relation to which technical regulations of the Eurasian Economic Union are not adopted.

6. When developing technical regulations of the Republic of Belarus, relevant state standards, other technical normative legal acts of the Republic of Belarus, their drafts, as well as international standards, interstate and other regional standards, other documents in the field of technical regulation and standardization, their drafts, with the exception of cases when such acts and documents, their drafts may be unsuitable or ineffective for ensuring the objectives of the adoption of technical regulations of the Republic of Belarus, including as a result of climatic and geographical factors or technical, technological and other peculiarities.

7. Requirements of technical regulations of the Republic of Belarus should not contradict the requirements of this Law and other legislative acts of the Republic of Belarus, treaties of the Republic of Belarus.

8. The development of technical regulations of the Republic of Belarus shall be organized and/or coordinated by the State Committee for Standardization of the Republic of Belarus, other republican bodies of state administration, the National Bank of the Republic of Belarus within the limits of the powers granted to them, as a rule, within the framework of the program of the development of technical regulations of the Republic of Belarus (if available ) and the plan of state standardization of the Republic of Belarus.

9. The notification about the development of a draft technical regulation of the Republic of Belarus should be placed on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet. The notification should contain information in respect to which object of technical regulation will be established the technical requirements, substantiation of necessity for development of the technical regulation of the Republic of Belarus and the name of its developer(s).

10. For consideration by interested subjects of technical regulation and standardization of draft technical regulations of the Republic of Belarus and submission of feedback (public discussion), draft technical regulations of the Republic of Belarus must be placed on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet, with the exception of placing of provisions of draft technical regulations of the Republic of Belarus, containing information classified as state secrets, or service information of restricted dissemination. The period for consideration of draft technical regulations of the Republic of Belarus shall be not less than sixty and not more than ninety calendar days from the day of their placement on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet. The notification about the completion of the consideration of a draft technical regulation of the Republic of Belarus should be placed on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet.

11. The revised (final) version of the draft technical regulation of the Republic of Belarus taking in account received reviews and the list of received comments and proposals of interested subjects of technical regulation and standardization with conclusions on them (summary of reviews) should be placed on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet.

12. The procedure for establishing and removing restrictions on the dissemination of the data contained in draft technical regulations of the Republic of Belarus referred to state secrets or service information of restricted dissemination is established in accordance with the acts of legislation of the Republic of Belarus on state secrets and on service information of restricted dissemination.

13. In exceptional cases, upon occurrence of circumstances that pose an immediate threat to the life, health and heredity of a person, property and the environment, the President of the Republic of Belarus or the Council of Ministers of the Republic of Belarus is entitled to take a decision on the development and approval, about modification of the technical regulation of the Republic of Belarus without notification and public discussion, provided by clauses 9-11 of this Article.

14. The draft technical regulation of the Republic of Belarus before being submitted to the Council of Ministers of the Republic of Belarus is subject to be agreed with the interested state bodies (organizations), if such approval is mandatory in accordance with the legislation of the Republic of Belarus, and if the draft technical regulation of the Republic of Belarus contains requirements concerning interested state bodies (organizations) or affecting their competence.

15. The technical regulation of the Republic of Belarus may not be approved if there are no technique (methods) for monitoring, conducting tests and studies, making measurements with respect to technical requirements of the technical regulation of the Republic of Belarus.

16. The order of putting in effect of the approved technical regulation of the Republic of Belarus and, if necessary, transitional provisions shall be established by the technical regulation of the Republic of Belarus and/or by the resolution of the Council of Ministers of the Republic of Belarus on its approval.

17. Time limits for putting of technical regulations of the Republic of Belarus into effect shall be established taking into account the time necessary to implement arrangements to ensure compliance with the requirements of the technical regulations of the Republic of Belarus, but not earlier than in six months after the official publication of the technical regulation of the Republic of Belarus on the National Legal Internet Portal of the Republic of Belarus, with the exception of cases of adoption, in the established order, of a decision on the development and approval of the technical regulation of the Republic of Belarus without notification and public discussion provided for by clauses 9-11 of this Article. In such cases, the technical regulation of the Republic of Belarus may be put into effect in a shorter period, but not earlier than in three months after its official publication, unless otherwise established by the President of the Republic of Belarus.

18. The requirements of technical regulations of the Republic of Belarus may be modified or cancelled only by means of modification of a corresponding technical regulation of the Republic of Belarus or my means of abolishing it.

19. Peculiarities concerning the adoption of technical regulations of the Republic of Belarus and the requirements for their content, objects of technical regulation on which the technical regulations of the Republic of Belarus are developed in the spheres (fields) specified in clause 5 of Article 2 of this Law may be established by the corresponding technical regulations of the Republic of Belarus.

20. Objectives of the adoption of technical regulations of the Eurasian Economic Union, requirements for their content and the list of objects on which the technical regulations of the Eurasian Economic Union are developed, the order of the development, adoption, modification and abolition of the technical regulations of the Eurasian Economic Union, the order of putting into effect (entry into force) of adopted technical regulations of the Eurasian Economic Union and, if necessary, transitional provisions are established by the Treaty on the Eurasian Economic Union of in accordance with it. 

Article 19. Application of technical regulations of the Republic of Belarus and technical regulations of the Eurasian Economic Union in the Republic of Belarus

1. Technical regulations of the Republic of Belarus and technical regulations of the Eurasian Economic Union are applied in the same way and equally regardless of the country and/or the place of origin of products, types or characteristics of civil-law contracts and other transactions in respect of products.

2. Requirements of approved (adopted) the technical regulations of the Republic of Belarus and technical regulations of the Eurasian Economic Union and put into effect (entered into force) are binding for all subjects of technical regulation and standardization.

3. Technical regulations of the Eurasian Economic Union shall be applied and fulfilled in the Republic of Belarus directly and without exceptions.

4. For products or products and processes of development, design, research, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization related to the technical requirements for the products, for which technical regulations of the Eurasian Economic Union are not put into operation (did not enter into force), the technical requirements of the technical regulations of the Republic of Belarus and other acts of legislation of the Republic of Belarus or decisions of Eurasian Economic Commission are effective.

5. In the case of production in the Republic of Belarus of products intended for export outside the customs territory of the Eurasian Economic Union, if the terms of the foreign trade contract define other technical requirements than those established by the technical regulations of the Republic of Belarus or the technical regulations of the Eurasian Economic Union, the terms of such contract shall apply.

Article 20. Requirements for technical codes of good practice, the order of their development, approval, modification, cancellation, putting into effect.

1. Technical codes of good practice shall be developed in order to implement the requirements of technical regulations of the Republic of Belarus and/or streamline the processes of development, design, exploration, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products or performance of works, rendering of services.

2. Development of technical codes of good practice is organized by the republican bodies of state administration, the National Bank of the Republic of Belarus, taking into account branch-wide programs of technical regulation and standardization, programs (plans) of the development of technical codes of good practice (if available). Technical codes of good practice are developed directly by the republican bodies of state administration, the National Bank of the Republic of Belarus, or on their instructions, by technical committees for standardization, departmental organizations for standardization, other subjects of technical regulation and standardization engaged by those state bodies.

3. The technical requirements of the technical codes of good practice should be based on the results of good practice.

4. The requirements of technical codes of good practice should not contradict the requirements of this Law, other legislative acts of the Republic of Belarus, technical regulations of the Republic of Belarus and other normative legal acts of the Council of Ministers of the Republic of Belarus, state standards, treaties of the Republic of Belarus.

5. It is not allowed to include in the technical codes of the good practice requirements regarding the performance of administrative procedures, as well as grounds and procedure for the recognition as ineffective, invalid, annulment or cancellation at the initiative of the authorized body of administrative decisions and/or documents issued in the course of performance of administrative procedures, with the exception of inclusion in the technical codes of good practice of references to the normative legal acts of the Republic of Belarus regulating relevant relations and not related to the technical normative legal acts of the Republic of Belarus. Legislative acts of the Republic of Belarus may define other requirements, the inclusion of which in technical codes of good practice is not allowed.

6. A notification on the development of a draft technical code of good practice must be placed on the official websites of the State Committee for Standardization of the Republic of Belarus and the republican body of state administration that organizes such development, the National Bank of the Republic of Belarus in the global computer network Internet.

7. For consideration by interested subjects of technical regulation and standardization of draft technical codes of good practice and submission of reviews, draft technical codes of good practice must be placed on the official website of the republican body of state administration that organizes such development, the National Bank of the Republic of Belarus in the global computer network Internet, with the exception of placing of provisions of draft technical codes of good practice containing information referred to state secrets, or service information of restricted dissemination. The period for consideration of draft technical code of good practice shall be not less than sixty and not more than ninety calendar days from the day of their placement on the official website of the republican body of state administration that organizes such development, the National Bank of the Republic of Belarus in the global computer network Internet. A notification on the completion of the consideration of a draft technical code of good practice must be placed on the official websites of the State Committee for Standardization of the Republic of Belarus and the republican body of state administration that organizes such development, the National Bank of the Republic of Belarus in the global computer network Internet.

8. The revised (final) version of the draft technical code of good practice taking in account received reviews and the list of received comments and proposals of interested subjects of technical regulation and standardization with conclusions on them (summary of reviews) should be placed on the official website of the republican body of state administration that organizes such development, the National Bank of the Republic of Belarus in the global computer network Internet.

9. The revised (final) version of the draft technical code of good practice taking in account received reviews is subject to normative and technical examinations, and in the cases determined by the State Committee for Standardization of the Republic of Belarus also to a metrological examination. Normative and technical and metrological examinations of a draft technical code of good practice shall be conducted in the order established in accordance with sub-clause 1.7 of clause 1 of Article of this Law and shall be organized by the republican body of state administration, the National Bank of the Republic of Belarus. Conclusions based on the results of those examinations shall be taken into account by the republican body of state administration, the National Bank of the Republic of Belarus when adopting a decision on the approval of the technical code of good practice.

10. The procedure for establishing and removing restrictions on the dissemination of the data contained in draft technical codes of good practice referred to state secrets or service information of restricted dissemination is established in accordance with the acts of legislation of the Republic of Belarus on state secrets and on service information of restricted dissemination.

11. The draft technical code of good practice before approval is subject to be agreed with the interested state bodies (organizations), if such approval is mandatory in accordance with the legislation of the Republic of Belarus, and if the draft technical code of good practice contains requirements concerning interested state bodies (organizations) or affecting their competence.

12. The requirements of technical codes of good practice may be modified or cancelled only by means of modification of a corresponding technical code of good practice or my means of abolishing it.

13. Technical codes of good practice are put into effect after their state registration. The deadline of putting into effect of technical codes of good practice is not earlier than sixty calendar days from the day of placement of the information about their state registration on the official site of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet.

Article 21. Application of technical codes of good practice

1. Technical codes of good practice are voluntary for application, with the exception of cases specified by clause 4–6 of this Article.

2. Technical codes of good practice may be applied at the stages of development, design, exploration, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products, as well as in the performance of works and rendering of services.

3. References to technical codes of good practice may be given in the text of normative legal acts of the Republic of Belarus, treaties of the Republic of Belarus, documents in the field of technical regulation and standardization, in the law of the Eurasian Economic Union, in labeling, operational and other documentation, contracts, advertising, information resources and other presentation forms of information. At the same time, unless otherwise established by the President of the Republic of Belarus, a draft legislative act of the Republic of Belarus, the technical regulations of the Republic of Belarus or another normative legal act of the Council of Ministers of the Republic of Belarus, which contains a reference to the technical code of good practice, is subject to be agreed with the established technical code of good practice of the republican body of state administration, the National Bank of the Republic of Belarus, with the exception of the case when this state body is the developer of the respective draft.

4. In the event when the legislative act of the Republic of Belarus, the technical regulations of the Republic of Belarus or another normative legal act of the Council of Ministers of the Republic of Belarus refers to the technical code of good practice, the requirements of that technical code of good practice become binding unless the voluntary nature of its application is established by the relevant legislative act of the Republic of Belarus, technical regulations of the Republic of Belarus or another normative legal act of the Council of Ministers of the Republic of Belarus.

5. If the subject of technical regulation and standardization voluntarily declared about the compliance with the technical code of the good practice (its certain requirements) or about the compliance with the technical code of good practice (its certain requirements) of the processes of development, design, research, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products, work performed by him or services rendered by him (using the designation of the technical code of good practice (having made reference to its certain requirements) in the marking, operational or other documentation, contracts, advertising or otherwise stated), the requirements (certain requirements) of the technical code of good practice for it become binding by virtue of voluntary will (self-commitment). In these cases, the requirements (certain requirements) of the technical code of good practice are binding for the subject of technical regulation and standardization until the moment of termination of the use of the designation of the technical code of good practice in the marking, operational or other documentation, contracts, advertising or revocation of the relevant statement made by that subject otherwise.

6. The subject of technical regulation and standardization has the right to determine by its decision the obligatoriness of compliance with the requirements of the technical code of the good practice (its certain requirements) for other subjects of technical regulation and standardization subordinated thereto or making part thereof (of the system), if such a decision does not contradict acts of the legislation of the Republic of Belarus and the constituent documents of subjects of technical regulation and standardization - legal persons.

Article 22. Requirements for state standards, the order of their development, approval, modification, cancellation, putting into effect.

1. State standards are developed, as a rule, by technical committees for standardization, and in their absence by any other interested subjects of technical regulation and standardization.

2. When developing state standards, modern achievements of science and technology shall be taken into account, international standards, interstate and other regional standards, progressive standards of foreign states, other documents in the field of technical regulation and standardization, their drafts may be used as a basis, with the exception of cases when such documents, their drafts may be unsuitable or ineffective for:

2.1. protection of life, health and human heredity;

2.2. protection of the environment;

2.3. prevention of actions misleading the consumers of products, works and services concerning their intended use, quality or safety.

2.4. ensuring energy efficiency and rational use of resources (resource-saving).

3. State standards, depending on the object of standardization, may contain:

3.1. technical requirements:

to objects of standardization;

to the rules for accepting products, works, services, techniques (methods) of control, conducting tests and studies, performing measurements;

to technical and information compatibility, as well as interchangeability of products;

to technical, technological and other documentation;

to quality and safety of products, works and services, rational use of resources (resource-saving);

to protection of the environment;

to energy efficiency;

to terminology, symbols, packaging, marking or labels and the rules for their application;

3.2. metrological and other general technical, technological and organizational-methodological requirements.

4. The requirements of state standards should not contradict the requirements of this Law, other legislative acts of the Republic of Belarus, technical regulations of the Republic of Belarus and other normative legal acts of the Council of Ministers of the Republic of Belarus, state standards, treaties of the Republic of Belarus.

5. It is not allowed to include in the state standards requirements regarding the performance of administrative procedures, as well as grounds and procedure for the recognition as ineffective, invalid, annulment or cancellation at the initiative of the authorized body of administrative decisions and/or documents issued in the course of performance of administrative procedures, with the exception of inclusion in the state standards of references to the normative legal acts of the Republic of Belarus regulating relevant relations and not related to the technical normative legal acts of the Republic of Belarus. Legislative acts of the Republic of Belarus may define other requirements, the inclusion of which in state standards is not allowed.

6. The notification about the development of a draft state standard should be placed on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet.

7. For consideration by interested subjects of technical regulation and standardization of draft state standards and submission of feedback (public discussion), draft technical regulations of the Republic of Belarus must be placed on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet, with the exception of placing of provisions of draft state standards containing information classified as state secrets or service information of restricted dissemination. The period for consideration of draft state standards shall be not less than sixty and not more than ninety calendar days from the day of their placement on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet. The notification about the completion of consideration of a draft state standard should be placed on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet.

8. The revised (final) version of the draft state standard taking in account received reviews and the list of received comments and proposals of interested subjects of technical regulation and standardization with conclusions on them (summary of reviews) should be placed on the official website of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet.

9. The revised (final) version of the draft state standard taking in account received reviews is subject to normative and technical examinations, and in the cases determined by the State Committee for Standardization of the Republic of Belarus also to a metrological examination. Normative and technical and metrological examinations of a draft state standard shall be conducted in the order established in accordance with sub-clause 1.7 of clause 1 of Article of this Law and shall be ensured by the subjects of technical regulation and standardization carrying out the development of the state standard. Conclusions based on the results of those examinations shall be taken into account by the State Committee for Standardization of the Republic of Belarus when adopting a decision on the approval of the state standard.

10. The procedure for establishing and removing restrictions on the dissemination of the data contained in draft state standards, referred to state secrets or service information of restricted dissemination is established in accordance with the acts of legislation of the Republic of Belarus on state secrets and on service information of restricted dissemination.

11. A draft state standard, prior to the approval, is subject to be agreed with interested state bodies (organizations) in the instances when the obligatoryness of such agreeing with interested state bodies (organizations) is provided by normative legal acts of the President of the Republic of Belarus.

12. The requirements of state standards may be modified or cancelled only by means of modification of a corresponding state standard or my means of abolishing it.

13. A state standard shall be put into effect after its state registration. The deadline of putting into effect of a state standard is not earlier than sixty calendar days from the day of placement of the information about their state registration on the official site of the State Committee for Standardization of the Republic of Belarus in the global computer network Internet.

Article 23. Application of state standards

1. State standards are voluntary for application, with the exception of cases specified by clauses 5 and 6 of this Article and clause 2 of Article 29 of this Law.

2. State standards may be applied at the stages of development, design, exploration, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products, in the performance of works and rendering of services, in testing, research and measurement, selection of samples, as well as with regard to terminology, symbols, packaging, marking or labeling and while affixing them, functioning (operation, use) of other objects of standardization.

3. State standards may be used as a basis for development of technical regulations of the Republic of Belarus.

4. References to state standards may be given in the text of normative legal acts of the Republic of Belarus, treaties of the Republic of Belarus, documents in the field of technical regulation and standardization, in the law of the Eurasian Economic Union, in labeling, operational and other documentation, contracts, advertising, information resources and other presentation forms of information. In that instance a draft technical regulation of the Republic of Belarus that contains a reference to a state standard is to be agreed with the State Committee for Standardization of the Republic of Belarus, with the exception of the case when the State Committee for Standardization of the Republic of Belarus is the developer of such a draft.

5. In the case when a technical regulation of the Republic of Belarus gives a reference to a state standard, the requirements of that state standard become binding unless the voluntary nature of its application is established by the respective technical regulation.

6. If the subject of technical regulation and standardization voluntarily declared about the compliance with the state standard (its certain requirements) or about the compliance with the state standard (its certain requirements) of products being manufactured and/or realized by him, of processes performed by him of development, design, research, production, construction, installation, adjustment, operation (use), storage, carriage (transportation), realization and utilization of products, work performed by him or service rendered by him (using the designation of the state standard (having made reference to its certain requirements) in the marking, operational or other documentation, contracts, advertising or otherwise stated), as well as if products, work, service or another object of standardization are certified in a voluntary order for compliance with the requirements (certain requirements) of the state standard, the requirements (certain requirements) of the state standard become binding for him by virtue of voluntary will (self-commitment). In that instance, the requirements (certain requirements) of the state standard are binding for the subject of technical regulation and standardization until the moment of termination of the use of the designation of the state standard in the marking, operational or other documentation, contracts, advertising or revocation of the relevant statement made by that subject otherwise or until the moment of cancellation (termination) of the effect of the certificate of conformity (certificates of competence) of the National System of Conformity Confirmation of the Republic of Belarus.

Article 24. Technical codes of good practice and state standards interconnected with a technical regulation of the Republic of Belarus

1. The State Committee for Standardization of the Republic of Belarus or other state body authorized by the Council of Ministers of the Republic of Belarus, upon agreement with the State Committee for Standardization of the Republic of Belarus, not later than thirty calendar days before the day of putting into effect of the technical regulation of the Republic of Belarus, if necessary, may approve the list of technical codes of the good practice and/or state standards, interconnected with the technical regulation of the Republic Belarus, as a result of application of which, on a voluntary basis, compliance with the requirements of the technical regulation of the Republic of Belarus is ensured.

2. Application on a voluntary basis of technical codes of good practice and/or state standards, included in the list specified in clause 1 of this Article is a sufficient condition for compliance with the requirements of the relevant technical regulation of the Republic of Belarus (presumption of compliance with the technical regulation of the Republic of Belarus). The non-application of such technical codes of good practice and/or state standards by subjects of technical regulation and standardization may not be considered as non-compliance with the requirements of the technical regulation of the Republic of Belarus.

Article 25. Requirements for state-wide classifiers, for the procedure of their development, approval, state registration, verification, revision, modification, cancellation, application

1. State-wide classifiers shall be developed according to the main kinds of technical, economic and social information used in the creation (formation) of state information systems and state information resources, as well as in the inter-departmental information interaction.

2. Republican bodies of state administration authorized to approve state-wide classifiers, as well as the procedure for the development, approval, state registration, verification, revision, modification, cancellation and application of state-wide classifiers are established by the Council of Ministers of the Republic of Belarus.

3. State-wide classifiers are binding and shall be applied within the application sphere defined by them when creating (forming), using state information systems and state information resources, as well as in other cases established by acts of legislation of the Republic of Belarus.

Article 26. Requirements for technical conditions, the order of their development, approval, modification, cancellation, putting into effect. Application of technical conditions

1. Technical conditions are developed and approved by legal persons of the Republic of Belarus or by individual entrepreneurs for products intended for realization to other legal or natural persons, or for works performed, services rendered.

2. The need to develop technical conditions is determined by a legal person of the Republic of Belarus or by an individual entrepreneur independently. In cases provided for by legislative acts of the Republic of Belarus or normative legal acts of the Council of Ministers of the Republic of Belarus, the development of technical conditions is mandatory.

3. The term of validity of technical conditions is determined by a legal person of the Republic of Belarus or by an individual entrepreneur, developing technical conditions, but shall not exceed five years from the day of their putting into effect.

4. Agreeing of technical specifications with government bodies (organizations) is mandatory in cases established by legislative acts of the Republic of Belarus. In cases where the coordination of technical conditions is mandatory, the responsibility for not implementing such agreeing is borne by the legal person of the Republic of Belarus or by the individual entrepreneur, which approved them.

5. Technical conditions, with the exception of technical conditions containing information constituting state secrets, or service information of restricted dissemination, must be submitted by legal persons of the Republic of Belarus or by individual entrepreneurs, which approved them, for state registration to authorized bodies determined by the Council of Ministers of the Republic of Belarus, not later than within six months from the day of approval of the technical conditions.

6. The authorized body, determined by the Council of Ministers of the Republic of Belarus, shall refuse to accept an application for state registration of technical conditions in the event of failure to submit all the documents (data) required for state registration, specified by the Council of Ministers of the Republic of Belarus, as well as other documents that it is entitled to require from the interested person in accordance with the Law of the Republic of Belarus "On the Bases of Administrative Procedures" (in case of requesting such documents).

7. The authorized body, determined by the Council of Ministers of the Republic of Belarus, shall refuse to perform state registration of technical conditions in case of violation of the procedure for development and approval of technical conditions, requirements for their content, other cases of refusal to perform the administrative procedure provided for by the Law of the Republic of Belarus "On the Bases of Administrative Procedures", other legislative acts of the Republic of Belarus and resolutions of the Council of Ministers of the Republic of Belarus.

8. The requirements of technical conditions should not contradict the requirements of this Law, other legislative acts of the Republic of Belarus, technical regulations of the Republic of Belarus and other normative legal acts of the Council of Ministers of the Republic of Belarus, other acts of legislation of the Republic of Belarus, treaties of the Republic of Belarus, technical regulations of the Eurasian Economic Union.

9. The procedure for establishing and removing restrictions on the dissemination of the data contained in technical conditions, referred to state secrets or service information of restricted dissemination is established in accordance with the acts of legislation of the Republic of Belarus on state secrets and on service information of restricted dissemination. The procedure for establishing, amending and repealing the regime of commercial secret with respect to information contained in the technical conditions is established in accordance with the acts of legislation of the Republic of Belarus on commercial secrets.

10. The technical conditions are put into effect within the terms established by legal persons of the Republic of Belarus or individual entrepreneurs, which approved them, but not earlier than the day of state registration of technical conditions, with the exception of technical conditions that are not subject to state registration in accordance with clause 5 of this Article.

11. A legal person of the Republic of Belarus or an individual entrepreneur, which approved the technical conditions independently, determines the binding nature of the requirements of such technical conditions or the voluntary application of such technical conditions. If a manufacturer or supplier of products, executor of works or services declares, in an voluntary manner, about compliance of the products produced and/or realized by them, of the work performed by them or service rendered by them with the technical conditions, (using the designation of technical conditions in marking, operational or other documentation, contracts, advertising or by declaring it otherwise), the requirements of the technical conditions for them become binding due to a voluntary will (self-commitment). At the same time in the mentioned cases, the requirements of technical conditions are binding for the manufacturer or supplier of products or the performer of the work or service until the moment of termination of using the designation of technical conditions in the marking, operational or other documentation, contracts, advertising or revocation of the corresponding declaration made by them otherwise.

Article 27. Requirements for standards of organizations, for the procedure of their development, approval, putting into effect, record keeping, modification, cancellation and application

1. Standards of organizations are developed and approved by legal persons of the Republic of Belarus or by individual entrepreneurs who dispose of those standards at their own discretion.

2. Standards of organizations shall not be developed for products being realized to other legal or natural persons, for works performed, services rendered.

3. The procedure for the development, approval, putting into effect, record keeping, modification, cancellation and application of the standards of organizations is established by a legal person of the Republic of Belarus or by an individual entrepreneur, which approved them.

4. Standards of organizations should not contradict the requirements of this Law, other legislative acts of the Republic of Belarus, technical regulations of the Republic of Belarus and other normative legal acts of the Council of Ministers of the Republic of Belarus, other acts of legislation of the Republic of Belarus, treaties of the Republic of Belarus, technical regulations of the Eurasian Economic Union.

5. The procedure for establishing, amending and repealing the regime of commercial secret with respect to information contained in the standards of organizations is established in accordance with the acts of legislation of the Republic of Belarus on commercial secrets.

6. A legal person of the Republic of Belarus or an individual entrepreneur, which approved the standard of the organization determines independently the binding nature of the requirements of such standard or the voluntary application of such standard.

Article 28. Application of documents in the field of technical regulation and standardization

1. Documents in the field of technical regulation and standardization, with the exception of international standards and regional standards, may be applied in the Republic of Belarus if their requirements do not contradict the acts of legislation of the Republic of Belarus, treaties of the Republic of Belarus, technical regulations of the Eurasian Economic Union, by means of putting into effect as technical codes of good practice or state standards in the order established by the State Committee for Standardization of the Republic of Belarus.

2. International standards and regional standards, with the exception of interstate standards, may be applied in the Republic of Belarus, if their requirements do not contradict the acts of legislation of the Republic of Belarus, treaties of the Republic of Belarus, technical regulations of the Eurasian Economic Union, by means of putting into effect, as technical codes or state standards in the order established by the State Committee for Standardization of the Republic of Belarus, unless otherwise established by the legislative acts of the Republic of Belarus and normative legal acts of the Republic of Belarus Council of Ministers or treaties of the Republic of Belarus, or adoption as interstate standards and putting them into effect in the territory of the Republic of Belarus in the order provided for by clause 3 of this Article.

3. Interstate standards are put into effect in the territory of the Republic of Belarus if their requirements do not contradict the acts of legislation of the Republic of Belarus, treaties of the Republic of Belarus, technical regulations of the Eurasian Economic Union, by means of putting into effect as state standards in the order established by the State Committee for Standardization of the Republic of Belarus.

Article 29. Specific features of technical regulation and standardization in the military sphere

1. The Ministry of Defense of the Republic of Belarus jointly with the State Military Industrial Committee of the Republic of Belarus and the State Committee for Standardization of the Republic of Belarus elaborates the draft rules of technical regulation and standardization in the military sphere and submits it for approval to the Council of Ministers of the Republic of Belarus.

2. In relation to objects of technical regulation and standardization in the military sphere, along with the requirements of technical regulations of the Republic of Belarus, the requirements of state standards established for such objects are binding for subjects of technical regulation and standardization, as well as other documents that contain technical requirements for objects of technical regulation and standardization in the military sphere and are determined by the rules of technical regulation and standardization in military sphere.

3. Other specific features of technical regulation and standardization in the military sphere are established by the rules of technical regulation and standardization in the military sphere.

Article 30. Official publication on the National Legal Internet Portal of the Republic of Belarus, promulgation (publication) in official periodical printed editions of certain kinds of technical normative legal acts in the field of technical regulation and standardization, information about them. Publication of technical regulations of the Eurasian Economic Union

1. Official publication on the National Legal Internet Portal of the Republic of Belarus, promulgation (publication) in official periodical printed editions of certain kinds of technical normative legal acts in the field of technical regulation and standardization, information on them is carried out in cases and in the order established by legislative acts of the Republic of Belarus and aimed at ensuring the availability of texts of such acts, information on them in accordance with state guarantees determined by legislative acts of the Republic of Belarus to ensure the right of citizens to receive full, reliable and timely legal information and general requirements for the dissemination (provision) of legal information.

2. Publication of technical regulations of the Eurasian Economic Union is carried out in accordance with the law of the Eurasian Economic Union and acts of legislation of the Republic of Belarus.

Article 31. Dissemination (provision) of technical legal normative acts in the field of technical normative legal acts in the sphere, documents in the field of technical regulation and standardization, information on them

1. Official dissemination (provision) of technical regulations of the Republic of Belarus, technical codes of good practice, state standards, state-wide classifiers (hereinafter in this Article, unless otherwise specified – technical acts), technical conditions, standards of organizations, interstate standards, information about them shall be carried out in accordance with state guarantees determined by legislative acts of the Republic of Belarus to ensure the right of citizens to receive full, reliable and timely legal information and general requirements for the dissemination (provision) of legal information having regard to specific features established by this Law and is aimed at ensuring the accessibility of texts of such acts and/or standards, information on them.

2. Official dissemination (provision) of technical normative legal acts in the field of technical regulation and standardization, information about them is not carried out in cases when such acts contain information constituting state secrets, or service information of restricted dissemination, or commercial secret, unless otherwise provided by this Law, other legislative acts of the Republic of Belarus or normative legal acts of the Council of Ministers of the Republic of Belarus.

3. Official dissemination (provision) of technical acts, information about them is carried out by the state body that approved them on a gratuitous basis by means of:

3.1. placing (publishing) texts of technical acts, information about them on their official website in the global computer network Internet in cases when such placement (publication) is mandatory in accordance with the legislative acts of the Republic of Belarus;

3.2. sending in the established order texts of technical acts for inclusion in the Standard data bank of legal information of the Republic of Belarus in cases when, in accordance with the legislative acts of the Republic of Belarus, such inclusion is mandatory;

3.3. sending in the established order texts of technical acts, information about them for the formation of information resources of the National Fund of Technical Normative Legal Acts, including a computer data bank, in cases where such sending is mandatory in accordance with the legislative acts of the Republic of Belarus;

3.4. provision of texts of technical acts, information on them for familiarization in the order established by such state body when visiting that state body or subordinated state organization;

3.5. placement (publication) of texts of technical acts, information on them on their official website on the global computer network Internet or in printed publications, sending texts of such acts for inclusion in the full reference in the Standard data bank of the legal information of the Republic of Belarus in cases where, in accordance with legislative acts of the Republic of Belarus such placement (publication) or inclusion are not mandatory, according to a decision of that state body;

other methods not specified in sub-clauses 3.1 – 3.5 of this clause, according to a decision of that state body.

4. The State Committee for Standardization of the Republic of Belarus also carries out official dissemination (provision) of technical regulations of the Republic of Belarus, information on them on a gratuitous basis by means of placing (publishing) texts of such technical regulations, information on them on its official website in the global computer network Internet, provision of texts of such technical regulations, information on them for familiarization in with the order established by the State Committee for Standardization of the Republic of Belarus when visiting it or visiting its subordinated state organization.

5. The National Center for Legal Information of the Republic of Belarus carries out official dissemination (provision) of technical regulations of the Republic of Belarus, state-wide classifiers, as well as technical codes of good practice and state standards included in the Standard data bank of legal information of the Republic of Belarus, information on them in accordance with acts of legislation of the Republic of Belarus on the dissemination (provision) of legal information of the Republic of Belarus.

6. Official dissemination (provision) of technical regulations of the Republic of Belarus, state standards, state-wide classifiers, interstate standards, information about them, information on registered technical conditions is also carried out on a paid-for basis by the national institute for standardization within the framework Integrated Information Support System in the field of technical standardization and standardization.

7. Official dissemination (provision) of technical acts, information on them may be carried out on a paid-for basis by state organizations, authorized state bodies that approved those acts, and in the part of state standards, interstate standards in the field of architectural, town-planning and construction activities, information on them by state organizations authorized by the State Committee for Standardization of the Republic of Belarus in agreement with the Ministry of Architecture and Construction of the Republic of Belarus.

8. Official distribution (provision) of technical conditions and standards of organizations is carried out by legal persons of the Republic of Belarus and by individual entrepreneurs who have approved them, according to their decision on a paid-for or gratuitous basis. In the event of adoption of a decision on official dissemination (provision) of technical conditions and standards of the organization, the mentioned legal persons of the Republic of Belarus and individual entrepreneurs determine independently the forms, methods and conditions of the official dissemination (provision) of such acts.

9. The prices (tariffs) for official publications (works and services on official dissemination (provision)) in cases when their official dissemination (provision) is carried out on a paid-for basis are formed by state organizations, other legal persons of the Republic of Belarus, individual entrepreneurs in accordance with acts of legislation of the Republic of Belarus on prices and pricing. The means received by state organizations, other legal persons of the Republic of Belarus, individual entrepreneurs from such official dissemination (provision) shall be used by them in accordance with acts of civil and other legislation of the Republic of Belarus.

10. Legal persons of the Republic of Belarus and individual entrepreneurs are entitled to carry out dissemination (provision) of technical acts, technical conditions, standards of organizations and/or interstate standards that is not their official dissemination (provision), on the basis of contracts concluded with corresponding subjects of technical regulation and standardization, specified in clauses 5-8 of this article, unless otherwise established by normative legal acts of the President of the Republic of Belarus.

11. Activity carried out by legal and natural persons with violation of the requirements of clause 10 of this Article is illegal and prohibited.

12. Dissemination (provision) of documents in the field of technical regulation and standardization, information about them shall be carried out taking into account the rules established by international organizations and foreign states that have adopted such documents.

Article 32. The national fund of technical normative legal acts

1. The national fund of technical normative legal acts is a state information resource.

2. Information contained in the national fund of technical normative legal acts shall be provided for familiarization on a gratuitous basis when visiting that fund.

3. Access to texts of technical normative legal acts of the Republic of Belarus, information on them, placed in accordance with the legislative acts of the Republic of Belarus, on a mandatory basis on the website of the National Fund of Technical Normative Legal Acts in the global computer network Internet, is free and is provided on a gratuitous basis.

Article 33. Transitional provisions

Provisions of this Law concerning the technical regulations of the Eurasian Economic Union, the law of the Eurasian Economic Union, shall be also applied to the effective technical regulations of the Customs Union, international legal acts that constitute the legal normative basis of the Customs Union and the Single Economic Space, until their cancellation (recognition ineffective), unless otherwise established by legislative acts of the Republic of Belarus or by treaties of the Republic of Belarus.

 

President of the Republic of Belarus

A. Lukashenko