ЗАКОН РЕСПУБЛИКИ БЕЛАРУСЬ

(Unofficial translation)

 

Law of the Republic of Belarus

No. 269-Z of January 5, 2004

[Amended as of December 31, 2010]

 

On  Assessment of Conformity with the Requirements of Technical Normative Legal Acts in the Sphere of Technical Regulation and Standardization

The present Law determines legal and organizational bases for conformity assessment of objects of assessment with the requirements of technical normative legal acts in the sphere of technical regulation and standardization (later on – conformity assessment) and is aimed at providing a single state policy for carrying out the conformity assessment.

CHAPTER 1
GENERAL PROVISIONS

Article 1. Terms Used in this Law and their Definitions

The following terms and their definitions are used in this Law:

accreditation – a type of conformity assessment the result of which is a confirmation of competence of a legal person of the Republic of Belarus or foreign person in fulfilling works to confirm the conformity and/or to hold tests of conformity assessment objects;

accredited test laboratory (center) – a legal person of the Republic of Belarus or a foreign legal person, accredited to hold tests of conformity assessment objects in a certain sphere of accreditation;

accredited certification body – a legal person of the Republic of Belarus or a foreign legal person, accredited to perform works on conformity assessment in a certain sphere of accreditation;

certificate of accreditation – a document certifying a competence of a legal person of the Republic of Belarus or a foreign legal person to fulfill works on conformity confirmation and/or holding tests of conformity assessment in a certain sphere of accreditation;

declaration on conformity – a document in which the manufacturer (seller) certifies conformity of products with the requirements of technical legal normative acts in the sphere of technical regulation and standardization;

declaring of conformity – a conformity confirmation carried out by the manufacturer (seller);

applicant for accreditation - a legal person of the Republic of Belarus or a foreign legal person, which applied with an request for accreditation;

applicant for confirmation of conformity – a legal person of the Republic of Belarus, a foreign or international legal person (organization not being a legal person), individual entrepreneur registered in the Republic of Belarus (later on – individual entrepreneur), foreign citizen or stateless person, which applied with a request for obtaining a certificate of competence in relation to a citizen of the Republic of Belarus, foreign citizen or stateless person, which work for them on the basis of a labour and civil-law contract (later on – the staff) or manufacturer (seller) which applied with a request for registration of a declaration on conformity that they have adopted;

applicant for holding tests – a legal person of the Republic of Belarus, a foreign or international legal person (organization not being a legal person), individual entrepreneur, foreign citizen or stateless person, which applied with a request to hold tests of conformity assessment objects;

manufacturer (seller) – a legal person of the Republic of Belarus or an individual entrepreneur, which carry out manufacturing and/or realization of production or represent, on the basis of a contract, of interests of a foreign or international legal person (organization not being a legal person), which carries out manufacturing and/or realization of production, or interests of a foreign citizen or stateless person, which resides permanently outside the Republic of Belarus and carries out manufacturing and/or realization of production, in the part of ensuring conformation of the production manufactured and/or realized by them with the requirements of technical legal normative acts in the sphere of technical regulation and standardization, or a representative office opened in the territory of the Republic of Belarus under the established procedure of a foreign organization that carries out manufacturing and/or realization of production;

measures related to accreditation procedures – measures on control over fulfillment by accredited bodies on certification and accredited test laboratories (centers) of the requirements of the System of Accreditation of the Republic of Belarus and the National System of Conformity Confirmation of the Republic of Belarus, carried out by the State Committee on Standardization of the Republic of Belarus and an accreditation body;

measures related to accreditation procedures – measures, carried out by accredited bodies on certification, on control over conformity of the conformity assessment objects, which have passed the certification certified by relevant documents on conformity assessment, to the requirements of technical normative legal acts in the sphere of technical regulation and standardization;

National System of Accreditation of the Republic of Belarus – a complex including authorized state bodies, accreditation body, accredited bodies on certification and accredited test laboratories (centers), normative legal acts, including technical normative legal acts, in the sphere of technical regulation and standardization, which determine procedures of accreditation and functioning of the system as a whole;

National System of Conformity Confirmation of the Republic of Belarus – a complex including authorized state bodies, accredited bodies on certification and accredited test laboratories (centers), normative legal acts, including technical normative legal acts, in the sphere of technical regulation and standardization, which determine procedures of conformity confirmation and functioning of the system as a whole;

sphere of accreditation – a sphere of activity, in which an accredited body on certification or accredited test laboratory (center) is granted the right to fulfill works on conformity confirmation or holding tests of conformity assessment objects;

accreditation body – a state organization subordinated to the State Committee on Standardization of the Republic of Belarus, to which functions on accreditation are delegated in accordance with this Law;

conformity assessment – activity to determine the conformity of conformity assessment objects with the requirements of technical normative legal acts in the sphere of technical regulation and standardization;

conformity confirmation – a kind of conformity assessment the result of which is a documentary certification of conformity of the conformity assessment object with the requirements of technical normative legal acts in the sphere of technical regulation and standardization;

register of the National System of Accreditation of the Republic of Belarus is a complex of data about issued certificates of accreditation, introduction of changes and/or additions thereinto, suspension, renewal, cancellation, termination, prolongation of their validity periods;

register of the National System of Conformity Confirmation of the Republic of Belarus – a set of data about issued certificates of conformity, certificates of competence, registered declarations of conformity, introduction of changes and/or additions thereinto, suspension, renewal, cancellation, termination and prolongation of their validity terms;

certificate of competence – a document certifying professional competence of the staff in fulfilling certain works (rendering certain services);

certificate of conformity – a document certifying a conformity of an conformity assessment object with the requirements of the technical normative legal acts in the sphere of technical regulation and standardization;

certification – conformity confirmation carried out by an accredited body on certification;

system of production safety management – a part of a general management system including organizational structure, planning, responsibility, methods, procedures, processes and resources, necessary to ensure the safety of production;

system of quality management – a part of a general management system including organizational structure, planning, responsibility, methods, procedures, processes and resources necessary to provide the quality of production (works, services);

system of environment management – a part of a general management system including organizational structure, planning, responsibility, methods, procedures, processes and resources ensuring the fulfillment of requirements of nature protection;

system of labour safety management – a part of a general management system including organizational structure, planning, responsibility, methods, procedures, processes and resources necessary for ensuring safety and health of the staff in the process of labour activity;

conformity confirmation scheme – a complex and a sequence of actions the results of which are considered as evidence of conformity of the conformity assessment object with the requirements of technical normative legal acts in the sphere of technical regulation and standardization.

Article 2. Scope of application of this Law

This Law regulates relations arising at assessment of conformity assessment objects with requirements of technical normative legal acts in the sphere of technical regulation and standardization.

Technical normative legal acts in the sphere of technical regulation and standardization, on conformity with requirements of which the conformity assessment is carried out, are technical regulations and state standards of the Republic of Belarus.

Conformity assessment of means for protection of state secrets, means and systems of protection, services on designing, installation, adjustment and technical maintenance of means and systems of protection, arms and ammunition, software, soft- and hardware and technical means used for creation, processing, storage, transfer and protection of electronic documents and electronic signature means, equipment, articles and technologies for objects using nuclear energy are carried out in accordance with this Law having regard to specific features established by the legislation of the Republic of Belarus on state secrets, on protection activity, on arms, electronic documents and electronic signature, in the sphere of use of nuclear energy.

Article 3. Legislation of the Republic of Belarus on Conformity Assessment

Legislation of the Republic of Belarus on conformity assessment is based on the Constitution of the Republic of Belarus and consists of this Law, acts of the President of the Republic of Belarus and other acts of legislation of the Republic of Belarus, and also of treaties of the Republic of Belarus.

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 4. International Cooperation in the Sphere of Conformity Assessment

{0>Международное сотрудничество в области оценки соответствия осуществляется в соответствии с законодательством Республики Беларусь на основе соблюдения общепризнанных принципов и норм международного права.<}97{>International cooperation in the sphere of conformity assessment is carried out in accordance with legislation of the Republic of Belarus on the basis of observance of generally recognized principles and norms of international law.

<0}{0>В международных отношениях в области оценки соответствия Республику Беларусь представляет Государственный комитет по стандартизации Республики Беларусь, выступающий в качестве Национального органа по оценке соответствия Республики Беларусь.<}0{>In international relations in the sphere of conformity assessment the Republic of Belarus is represented by the State Committee on Standardization of the Republic of Belarus acting as the national body of conformity assessment of the Republic of Belarus.<0}

Article 5. Purposes of Conformity Assessment

Conformity assessment is held with the purpose:

to provide protection of life, health and heredity of a human being, property and protection of environment;

to increase the competitiveness of production (works, services);

to ensure efficient use of energy and resources;

to create favorable conditions for providing free transfer of goods at internal and external markets, as well as for participation in international economic, scientific and technical cooperation and international trade.

Article 6. Principles of Conformity Assessment

The following are the principles of conformity assessment:

harmonization with international and inter-state (regional) approaches in the sphere of conformity assessment;

providing the identity of procedures for conformity assessment of domestic and foreign conformity assessment objects;

observance of data confidential requirements received by fulfilling works on conformity assessment.

Article 7. Types of Conformity Assessment

Conformity assessment is held in the form of:

accreditation;

conformity confirmation.

Article 8. Objects of Conformity Assessment

The conformity assessment object in the process of accreditation is a competence of a legal person of the Republic of Belarus or a foreign legal person in fulfilling works to confirm the conformity or to hold tests of conformity assessment objects.

Conformity assessment objects for conformity confirmation are:

production;

processes of development, production, operation (usage), storage, transportation, sale and utilization of production;

fulfilment of works;

rendering of services;

system of quality management;

system of environment management;

system of production safety management;

system of labour safety management;

professional competence of the staff in fulfilling certain works (rendering certain services);

other objects in relation to which there are requirements of technical normative legal acts in the sphere of technical regulation and standardization specified in part two of Article 2 of this Law.

Article 9. Subjects of Conformity Assessment

Subjects of conformity assessment are:

authorized state bodies;

accreditation body;

accredited bodies on certification;

accredited test laboratories (centers);

applicants for accreditation;

applicants for conformity confirmation.

applicants for holding tests;

manufacturers (sellers).

Article 10. Documents on Conformity Assessment

Documents on conformity assessment are:

certificate of accreditation;

certificate of conformity;

declaration of conformity;

certificate of competence.

Documents on conformity assessment have a legal force on all territory of the Republic of Belarus.

Article 11. Conformity Marks of the National System of Accreditation of the Republic of Belarus and the National System of Conformity Confirmation of the Republic of Belarus

Conformity mark of the National System of Accreditation of the Republic of Belarus is a mark certifying that all necessary accreditation procedures have been held and that accredited body on certification or accredited test laboratory (center) conforms to the requirements of technical normative legal acts in the sphere of technical regulation and standardization.

Conformity marks of the National System of Conformity Confirmation of the Republic of Belarus include the mark of conformity to a technical regulation and also other conformity marks of the National System of Conformity Confirmation of the Republic of Belarus, the types of which are determined by the State Committee on Standardization of the Republic of Belarus.

The mark of conformity to a technical regulation is a mark certifying that all conformity confirmation procedures established in technical regulations have been held and conformity assessment objects marks thereby conforms to the requirements of all technical regulations covering these objects.

Other conformity marks of the National System of Conformity Confirmation of the Republic of Belarus are marks are the marks certifying that all necessary conformity confirmation procedures have been held and that conformity assessment objects marked with them conform to the requirements of state standards of the Republic of Belarus.

Description and procedure of usage of conformity marks mentioned in part one and two of this Article are determined by the State Committee on Standardization of the Republic of Belarus. Application of these marks is carried out on a voluntary basis.

Description and procedure of usage of the mark of conformity to a technical regulation are determined by the Council of Ministers of the Republic of Belarus. Application of this mark is mandatory.

CHAPTER 2
State Regulation and Management in the Sphere of Conformity Assessment

Article 12. Performance of State Regulation and Management in the Sphere of Conformity Assessment

State regulation and management in the sphere of conformity assessment include:

determining and realization of a single state policy;

coordination of works on conformity assessment;

establishing common procedures for conformity assessment;

determining conformity assessment objects, including conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus.

State regulation and management in the sphere of conformity assessment are carried out by the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus, State Committee on Standardization of the Republic of Belarus and other state bodies in accordance with legislation of the Republic of Belarus.

Article 13. Powers of the President of the Republic of Belarus in the Sphere of Conformity Assessment

The President of the Republic of Belarus determines a single state policy and carries out state regulation in the sphere of conformity assessment in accordance with the Constitution of the Republic of Belarus, this Law and other legislative acts of the Republic of Belarus.

Article 14. Powers of the Council of Ministers of the Republic of Belarus in the Sphere of Conformity Assessment

The Council of Ministers of the Republic of Belarus in the sphere of conformity assessment:

ensures the implementation of a single state policy;

coordinates and controls the work of republican bodies of state administration;

approves the list of production, works, services and other conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus, establishes time limits for introduction of the mandatory conformity confirmation in relation to the conformity assessment objects mentioned in this list and introduces changes and/or amendments therinto;

establishes exclusive lists of documents (data) provided for issue of certificates of accreditation, certificates of conformity, certificates of competence, duplicates thereof, for introduction of changes and/or additions thereinto,  suspension, renewal or termination of their validity on the initiative of applicants for accreditation or applicants for conformity confirmation, prolongation of their validity periods, registration of declarations of conformity;

determines time limits for issue of certificates of accreditation, certificates of conformity and certificates of competence, duplicates thereof, for introduction of changes and/or additions thereinto,  registration of declarations of conformity upon positive results of conformity assessment obtained under the established procedure;

determines time limits for taking decisions on suspension, renewal or termination of their validity of certificates of accreditation, certificates of conformity and certificates of competence, registered declarations of conformity on the initiative of applicants for accreditation or applicants for conformity confirmation;

determines time limits for taking decisions on prolongation of validity periods of certificates of accreditation, certificates of conformity and certificates of competence;

determines validity periods of certificates of accreditation, certificates of conformity and certificates of competence, registered declarations of conformity;

determines the amount of payment for issue of certificates of accreditation, certificates of conformity and certificates of competence, duplicates thereof, for introduction of changes and/or additions thereinto,  prolongation of validity periods thereof, registration of declarations of conformity;

carries out other powers in accordance with the Constitution of the Republic of Belarus, this Law and acts of the President of the Republic of Belarus.

Article 15. Powers of the State Committee on Standardization of the Republic of Belarus in the Sphere of Conformity Assessment

State Committee on Standardization of the Republic of Belarus in the sphere of conformity:

realizes a single state policy;

participates in established order in drawing up drafts of legislative and other normative legal acts on conformity assessment issues;

ensures, within its competence, creation and functioning of the National System of Accreditation of the Republic of Belarus;

carries out the accreditation or delegates the functions on accreditation to the accreditation body;

approves the statute and determines the procedure of activities of the accreditation body, established requirements towards officials of the accreditation body, suspends or annuls decisions of the accreditation body in the event of their inconformity to the legislation of the Republic of Belarus on conformity assessment or violation of the accreditation procedures when they have been taken;

suspends or prohibits the activities of accredited bodies on certification and accredited test laboratories (centers) when they violate the requirements of the National System of Accreditation of the Republic of Belarus and/or the National System of Conformity Confirmation of the Republic of Belarus by means of suspension, cancellation or termination of the validity of respective certificates of accreditation;

ensures, within its competence, creation and functioning of the National System of Conformity Confirmation of the Republic of Belarus;

develops and approves the rules of accreditation and the rules of conformity confirmation, regulating procedures and other issues of accreditation and conformity confirmation, with the exception of the issues regulated by acts of the President of the Republic of Belarus, this Law, other laws of the Republic of Belarus, resolutions of the Council of Ministers of the Republic of Belarus;

develops on the basis of suggestions of state bodies a draft of the list of production, works, services, and other conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus and also changes and/or additions to it;

establishes, having regard to suggestions of state bodies, the nomenclature of indices to be controlled in the course of works on conformity confirmation of conformity assessment objects subject to mandatory conformity confirmation;

represents, within its powers, the Republic of Belarus in international and inter-state (regional) organizations dealing with conformity assessment issues;

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

ensures the conducting of the register of the National System of Accreditation of the Republic of Belarus and the register of the National System of Conformity Confirmation of the Republic of Belarus under the procedure established by it;

exercise other powers in accordance with this Law and other acts of legislation of the Republic of Belarus.

Article 16. Powers of Other State Bodies in the Sphere of Conformity Assessment

Other state bodies, within their powers in the sphere of conformity assessment:

participate in realization of a single state policy;

develop suggestions on inclusion of the conformity assessment objects into the list of production, works, services, and other conformity assessment objects subject to mandatory confirmation of conformity in the Republic of Belarus, and substantiation for such suggestions having regard to the requirements of part two of Article 27 of this Law;

participate in developing of the technical normative legal acts in the sphere of technical regulation and standardization, on conformity to the requirements of which the conformity assessment is carried out;

make suggestions concerning the nomenclature of indices to be controlled in the course of works on conformity confirmation of conformity assessment objects subject to mandatory conformity confirmation;

promote the formation and development of the network of accredited test laboratories (centers);

exercise other powers in accordance with legislation of the Republic of Belarus.

Article 17. Financing of Works on Conformity Assessment

Financing of works on conformity assessment is carried out at the expense of means of the republican and local budgets, means of applicants for accreditation, applicants for conformity confirmation, and applicants for holding tests, as well as from other sources not prohibited by legislation of the Republic of Belarus.

Article 18. Control in the Sphere of Conformity Assessment

Control (supervision) in the sphere of conformity assessment (with the exceptions of measures connected with procedure of accreditation and measures connected with procedures of certification) in the spheres of control (supervisory) activities determined by the President of the Republic of Belarus carry out the bodies of state supervisions of the observance of the requirements of technical regulations and standards, under the procedure established by the President of the Republic of Belarus.

Measures related to accreditation procedures are carried out in accordance with accreditation rules approved by the State Committee on Standardization of the Republic of Belarus.

Officials of the State Committee on Standardization of the Republic of Belarus which carry out measures related to accreditation procedures have the right, under the established procedure, to enter freely, upon presentation of the official identity card, business and production premises of the entities being controlled.

Measures related to certification procedures are carried out in accordance with conformity confirmation rules approved by the State Committee on Standardization of the Republic of Belarus/

Article 19. Responsibility for Violation of Legislation of the Republic of Belarus on Conformity Assessment

Violation of legislation of the Republic of Belarus on conformity assessment entails responsibility established by legislative acts of the Republic of Belarus.

CHAPTER 3
Accreditation

Article 20. Purposes and Principles of Accreditation

Accreditation is held with the purposes:

to confirm the competence of legal persons of the Republic of Belarus or foreign legal persons in fulfilling works on conformity confirmation and/or holding tests of conformity assessment objects in a certain sphere of accreditation;

to ensure the confidence of applicants for conformity confirmation, applicants for holding tests, and consumers of production (works, services) in activity of accredited bodies on certification and accredited test laboratories (centers);

to create conditions for mutual recognition of the results of activity of accredited bodies on certification and accredited test laboratories (centers) on international level.

Principles of accreditation are:

voluntary nature;

openness and accessibility of procedures of conformity confirmation;

provision of equal preconditions for applicants for accreditation;

Inadmissibility of carrying out concurrently the activity on accreditation and the activity on conformity confirmation.

Article 21. Procedure for Carrying out Accreditation

Accreditation is carried out by the State Committee on Standardization of the Republic of Belarus or the accreditation body.

Positive results of accreditation are certified by a certificate of accreditation that is issued to an accredited body on certification and an accredited test laboratory (center) by the State Committee on Standardization of the Republic of Belarus or the accreditation body.

Accreditation rules are approved by the State Committee on Standardization of the Republic of Belarus.

Article 22. Rights and Duties of Applicants for Accreditation

Applicants for accreditation have the right:

to appeal, in the established order, decisions and/or actions (omission) of the State Committee on Standardization of the Republic of Belarus on issues connected with passing of accreditation procedures;

to appeal in the State Committee on Standardization of the Republic of Belarus decisions and/or actions (omission) of the accreditation body on issues connected with passing of accreditation procedures, and in the event of disagreement of its decision – to the court;

to exercise other powers in accordance with legislation of the Republic of Belarus.

Applicants for accreditation are obliged:

to fulfill the requirements of the National System of Accreditation of the Republic of Belarus connected with passing of accreditation procedures;

to create for officials of the State Committee on Standardization of the Republic of Belarus and/or the accreditation body necessary conditions for fulfilling works on accreditation;

to execute other duties in accordance with legislation of the Republic of Belarus

CHAPTER 4
Conformity Confirmation

Article 23. Purposes and Principles of Conformity Confirmation

Conformity confirmation is carried out with the purposes:

to certify the conformity of conformity assessment objects to the requirements of technical normative legal acts in the sphere of technical regulation and standardization;

to provide protection of life, health and heredity of a human being, property and protection of environment;

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

Principles of conformity confirmation are:

openness and accessibility of procedures of conformity confirmation;

independence of accredited bodies on certification and accredited test laboratories (centers) from applicants for conformity confirmation and applicants for holding tests of conformity assessment objects;

minimization of time limits for fulfillment and expenses of applicants for conformity confirmation and applicants for holding tests on passing procedures of conformity confirmation;

protection of property interests of applicants for conformity confirmation and applicants for holding tests, including protection by observing confidentiality of the data received in the course of passing procedures of conformity confirmation;

inadmissibility of limitation of competition of accredited bodies on certification and accredited test laboratories (centers) when fulfilling works on conformity confirmation and holding production tests conformity assessment objects.

Article 24. Procedure for Carrying out Conformity Confirmation

Conformity confirmation is carried out by accredited bodies on certification, and in the event of declaring of conformity – by the manufacturer (seller), in accordance with conformity confirmation rules approved by the State Committee on Standardization of the Republic of Belarus and having regard to the requirements of this Law.

Conformity confirmation is certified by a certificate of conformity or certificate of competence issued by an accredited body on certification to the applicant for conformity confirmation or by a registered declaration on conformity adopted by the manufacturer (seller).

Issuance of certificates of conformity or certificates of competence is carried out on the basis of documents (data) presented for the issuance of such certificates by the applicant for conformity confirmation itself and/or received by the accredited body on certification on the basis of a contract for conformity confirmation with the applicant for conformity confirmation.

Time limits for issue of certificates of conformity, certificates of competence, registration of declarations of conformity and also exclusive lists of documents (data) provided for issue of such certificates, registration of declarations of conformity are determined by the Council of Ministers of the Republic of Belarus.

Article 25. Forms of Conformity Confirmation

Conformity confirmation can have mandatory or voluntary character.

Mandatory conformity confirmation is carried out in the forms of:

mandatory certification;

declaration of conformity.

Voluntary conformity confirmation is carried out in the form of a voluntary certification.

Article 26. Mandatory Conformity Confirmation

Conformity assessment objects in relation to which the requirements of technical regulations are established are subject to mandatory conformity confirmation, as well as conformity assessment objects in relation to which the requirements of technical regulations are not established and which are included into the list of production, works, services, and other conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus.

The list of production, works, services, and other conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus is effective in relation to a specific conformity assessment object till the entry into force of a technical regulation for this conformity assessment object.

Realization of production, fulfillment of works, rendering of services and functioning of other conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus without passing all necessary procedures for conformity confirmation and without documents about conformity assessment are prohibited. The procedure of confirmation of the availability of documents about conformity assessment are determined by the conformity confirmation rules approved by the State Committee on Standardization of the Republic of Belarus.

Article 27. List of Production, Works, Services, and Other Conformity Assessment Objects Subject to Mandatory Conformity Confirmation in the Republic of Belarus

The list of production, works, services, other conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus includes:

types of production, works, services, other conformity assessment objects subject to mandatory conformity confirmation ;

technical normative legal acts in the sphere of technical regulation and standardization for conformity to which the mandatory confirmation is held;

forms of mandatory conformity confirmation.

Criteria for forming the list of production, works, services, other conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus are the following:

potential danger of production, works, services, and functioning of other conformity assessment objects to life, health and heredity of a human being, property and environment;

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

Article 28. Mandatory Certification

Mandatory certification is carried out by an accredited body on certification on the basis of a contract for conformity confirmation with the applicant for conformity confirmation.

Conformity confirmation schemes applied in the course of the mandatory certification of certain types of production, works, services, and other conformity assessment objects are established by a relevant technical regulation and in case, if the schemes of conformity confirmation are not established in it or there is no technical regulation they are established by conformity confirmation rules or another technical normative legal act approved by the State Committee on Standardization of the Republic of Belarus.

If the conformity confirmation scheme establishes the necessity of holding the test of a conformity assessment object, they are held by the accredited test laboratory (center) on the basis of a contract on holding tests with the applicant for holding tests or with an accredited body on certification.

Article 29. Declaring of Conformity

Declaring of conformity is carried out by the manufacturer (seller) by adopting the declaration of conformity on the basis of own evidence and/or evidence received with participation of an accredited body on certification and/or an accredited test laboratory (center).

Conformity confirmation scheme of production, when declaring the conformity, and the procedure for adopting the declaration of conformity are established by a relevant technical regulation and in case, if the schemes are not established in it or there is no technical regulation they are established by conformity confirmation rules or another technical normative legal act approved by the State Committee on Standardization of the Republic of Belarus.

If a technical regulation or conformity confirmation rules or another technical normative legal act approved by the State Committee on Standardization of the Republic of Belarus establishes the necessity of holding tests of production when declaring the conformity, such tests are held by an accredited test laboratory (center) on the basis of a contract on holding tests with the applicant for holding tests.

Declaration on conformity is subject to registration in the accredited bodies on certification.

Manufacturer (seller) is entitled instead of declaring the conformity of the production included into the list of production, works, services, and other conformity assessment objects subject to mandatory confirmation in the Republic of Belarus to choose the holding a mandatory certification of such production.

Article 30. Voluntary Certification

Voluntary certification is carried out by an accredited body on certification on the initiative of the applicant for conformity confirmation on the basis of a contract on conformity confirmation.

In the course of voluntary certification the applicant for conformity confirmation independently chooses technical normative legal acts in the sphere of technical regulation and standardization, for conformity with the requirements of which the voluntary certification is carried out, and determines the specification of indices to be controlled in the course of the voluntary certification of conformity assessment objects. The specification of these indices must include indices of safety, if they are established in technical normative legal acts in the sphere of technical regulation and standardization for this conformity assessment object.

Article 31. Payment for Works on Conformity Confirmation and Holding Tests of Conformity Assessment Objects

Payment for works on conformity confirmation of conformity assessment objects is carried out by the applicant for conformity confirmation in accordance with legislation of the Republic of Belarus on the basis of a contract on conformity confirmation with an accredited body on certification.

Payment for works on holding tests of conformity assessment objects is carried out by the applicant for holding tests or an accredited body on certification in accordance with legislation of the Republic of Belarus on the basis of a contract on holding tests with an accredited test laboratory (center).

Article 32. Rights and Duties of Accredited Bodies on Certification

Accredited bodies on certification have the right to:

carry out certification in their sphere of accreditation and, upon positive results of certification, issue to the applicants for conformity confirmation certificates of conformation and certificates of competence;

carry out registration of declarations of conformity;

suspend, cancel or terminate in the established order the effect of a certificate of conformity, certificate of competence, issued by them or registered declaration on conformity in case of detection of non-compliance of the conformity assessment object for which they have been issued with the requirements of technical normative legal acts in the sphere of technical regulation and standardization;

apply the conformity mark of the National System of Accreditation of the Republic of Belarus;

exercise other rights in accordance with legislation of the Republic of Belarus.

Accredited bodies on certification are obliged to:

fulfill the requirements of the National System of Accreditation of the Republic of Belarus for accredited bodies on certification;

fulfill the requirements of the National System of Conformity Confirmation of the Republic of Belarus;

ensure provision of the applicant for certification with the information about procedures for conformity confirmation;

keep records of certificates of conformity, certificates of competence, issued by them, and registered declarations of conformity;

provide, under the procedure established by the State Committee on Standardization of the Republic of Belarus, information about issued certificates of conformity, certificates of competence, registered declarations of conformity, introduction of changes and/or additions thereinto, suspension, renewal, cancellation, termination and prolongation of their validity terms for conducting the register of the National System of Conformity Confirmation of the Republic of Belarus;

execute other duties in accordance with this Law and other acts of legislation  of the Republic of Belarus.

Article 33. Rights and Duties of Accredited Test Laboratories (Centers)

Accredited test laboratories (centers) have the right to:

hold in its sphere of accreditation the production tests of conformity assessment objects for conformity to the requirements of technical normative legal acts in the sphere of technical regulation and standardization;

issue to the accredited body on certification and/or to the applicant for holding tests the protocols of tests of conformity assessment objects;

apply the conformity mark of the National System of Accreditation of the Republic of Belarus;

exercise other rights in accordance with legislation of the Republic of Belarus.

Accredited test laboratories (centers) are obliged to:

fulfill the requirements of the National System of Accreditation of the Republic of Belarus for accredited test laboratories (centers);

observe the established rules and procedures for tests of conformity assessment objects;

ensure the adequacy of the results of tests of conformity assessment objects;

to execute other duties in accordance with legislation of the Republic of Belarus

Article 34. Rights and Duties of Applicants for Conformity Confirmation, Applicants for Holding Tests

Applicants for conformity confirmation have the right to:

choose any accredited body on certification with the relevant sphere of accreditation to fulfill works on conformity confirmation;

choose any scheme of conformity confirmation from the number of schemes provided for the given conformity assessment object having regard to the terms of their application;

use the conformity marks of the National System of Conformity Confirmation of the Republic of Belarus, with the exception of the mark of conformity to the technical regulation for marking conformity assessment objects for which there is a certificate of conformity;

appeal in the State Committee on Standardization of the Republic of Belarus and/or in the accreditation body decisions and/or actions (omission) of an accredited body on certification or an accredited test laboratory (center), and in the event of disagreement with their decision – to the court;

exercise other rights in accordance with legislation of the Republic of Belarus.

Applicants for conformity confirmation are obliged to:

create all necessary conditions for officials of the accredited body on certification when they fulfill works on conformity confirmation;

fulfill the requirements of the National System of Conformity Confirmation of the Republic of Belarus connected with passing procedures of conformity confirmation;

ensure conformity of the conformity assessment object with the requirements of technical legal acts in the sphere of technical regulation and standardization mentioned in the certificate of conformity or registered declaration of conformity;

apply the mark of conformity to the technical regulation for marking conformity assessment objects in relation to which all conformity confirmation procedures established in technical regulations have been held and which conform to the requirements of all technical regulations covering these objects;

suspend or terminate, in the established order, the realization of production, fulfillment of works, rendering of services, and functioning of other conformity assessment objects, if such objects do not conform with the requirements of technical normative legal acts in the sphere of technical regulation and standardization mentioned in the certificate of conformity, certificate of competence or registered declaration of conformity on their own initiative, cease to refer to the said documents on conformity assessment and not to apply the conformity marks of the National System of Conformity Confirmation of the Republic of Belarus for marking conformity assessment objects if these objects do not conform to the requirements of technical normative legal acts in the sphere of technical regulation and standardization mentioned in the certificate of conformity or certificate of competence;

execute other duties in accordance with legislation of the Republic of Belarus

Applicants for holding tests have the right to:

approach any accredited test laboratory (center) with a relevant sphere of accreditation for holding tests of conformity assessment objects;

appeal in the State Committee on Standardization of the Republic of Belarus and/or in the accreditation body decisions and/or actions (omission) of an accredited test laboratory (center), and in the event of disagreement with their decision – to the court;

exercise other rights in accordance with legislation of the Republic of Belarus.

Applicants for holding tests are obliged to:

fulfill the requirements of the National System of Conformity Confirmation of the Republic of Belarus connected with holding tests of conformity assessment objects;

execute other duties in accordance with legislation of the Republic of Belarus

Article 35. Recognition of Documents on Conformity Confirmation and Protocols of Tests of Conformity Assessment Objects Obtained Outside the Republic of Belarus

Documents on conformity confirmation and protocols of tests of conformity assessment objects obtained outside the Republic of Belarus beyond the National System of Accreditation of the Republic of Belarus and the National System of Conformity Confirmation of the Republic of Belarus may be recognized on the basis of treaties of the Republic of Belarus.

Procedure for recognizing the mentioned documents on conformity confirmation and protocols of tests of conformity assessment objects is established the treaty of the Republic of Belarus, and if such procedure has not been established by treaties – by the Council of Ministers of the Republic of Belarus.

Article 36. Transitional Provisions

Provisions of indent four of Article 14, indent ten of Article 15, indent three of Article 16, parts one and two of Article 26, Article 27 and part five of Article 29 of this Law in relation to the list of production, works, services, other conformity assessment objects subject to mandatory conformity confirmation in the Republic of Belarus are effective till January 1, 2016.

From January 1, 2016 only conformity assessment objects in relation to which the requirements of technical regulations are established are subject to mandatory conformity confirmation.

 

 

President of the Republic of Belarus

A. Lukashenko

 

* unofficial translation *