(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 |