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RESOLUTION OF THE STATE COMMITTEE ON STANDARDIZATION OF THE REPUBLIC OF BELARUS

of July 25, 2017 No. 61

About approval of Rules of confirmation of conformity of National system of confirmation of conformity of the Republic of Belarus

(as amended on 20-11-2018)

Based on subitem 1.5 of Item 1 of article 7 of the Law of the Republic of Belarus of October 24, 2016 "About assessment of conformity to technical requirements and accreditation of conformity assessment bodies" the State committee on standardization of the Republic of Belarus DECIDES: No. 437-Z

1. Approve Rules of confirmation of conformity of National system of confirmation of conformity of the Republic of Belarus (are applied).

2. Declare invalid the resolution of the State committee on standardization of the Republic of Belarus of May 26, 2011 No. 23 "About approval of Rules of confirmation of conformity of National system of confirmation of conformity of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2012, No. 4, 8/24579).

3. This resolution becomes effective after its official publication.

First Deputy Chairman

V. B. Tataritsky

Approved by the Resolution of the State committee on standardization of the Republic of Belarus on July 25, 2017 No. 61

Rules of confirmation of conformity of National system of confirmation of conformity of the Republic of Belarus

Section I. General provisions

Chapter 1. Appointment and scope

1. These rules determine procedures and other questions of confirmation of conformity to the technical requirements containing in the documents established in subitems 3. 1, 3.3–3.6, 3.8 of Item 3 of article 2 of the Law of the Republic of Belarus "About assessment of conformity to technical requirements and accreditation of conformity assessment bodies", within National system of confirmation of conformity of the Republic of Belarus (further – System), including governed:

certifications of products;

certifications of performance of works, rendering services;

certifications of management systems (management);

certification of competence of personnel of accomplishment of certain works, rendering certain services (further – certification of competence of personnel);

certifications of other objects of assessment of conformity;

declaring of compliance.

2. These rules also determine procedures and other questions of confirmation of conformity of products to the technical requirements containing in the documents specified in the single list of products which are subject to obligatory confirmation of conformity with issue of the certificates of conformity and declarations of conformity which are drawn up in single form (created according to the Agreement on the Eurasian Economic Union), to requirements of technical regulations of the Eurasian Economic Union in the part which is not settled by the technical regulations of the Eurasian Economic Union and other international legal acts constituting the right of the Eurasian Economic Union, and in the cases provided by the specified right in the part which is not contradicting it.

3. These rules consider requirements of international standards and documents in the field of assessment of conformity and accreditation of conformity assessment bodies.

4. For the purposes of these rules the terms and their determinations established in the Law of the Republic of Belarus "About assessment of conformity to technical requirements and accreditation of conformity assessment bodies" and the Law of the Republic of Belarus of January 5, 2004 No. 262-Z "About technical regulation and standardization" and also the following terms and their determinations are used:

4.1. the analysis of condition of production – the action performed by certification body of products is direct in the place of implementation of activities for production for the purpose of establishment of capability of the manufacturer of products steadily to turn out products conforming to technical requirements, confirmable (confirmed) in case of certification;

4.2. audit – systematic, independent and documentary process of receipt of objective certificates and their objective estimation for determination of extent of accomplishment of criteria of audit;

4.3. verification – confirmation by means of provision of the objective certificate of the fact that the established requirements were fulfilled;

4.4. identification of products – the procedure by means of which establish identity of characteristics of the certified (certified) products to the signs established for this type (type) of products in the documents establishing technical requirements, technical documentation, information on products;

4.5. identification of performance of works, rendering services – the procedure providing in the sphere of performance of works (rendering services) unambiguous recognition of certain work or service among similar in distinctive signs;

4.6. the contractor, services – the legal entity of the Republic of Belarus, the foreign legal entity or the individual entrepreneur performing the works rendering services to the consumer;

4.7. the candidate – the physical person working for the legal entity or the individual entrepreneur based on the employment or civil contract (further – personnel), meeting certain requirements which is allowed to certification of his competence by certification body;

4.8. qualification – the level of general and special training of the worker confirmed by the document types established by the legislation (the certificate, the diploma, the certificate, etc.);

4.9. team by assessment – one (or more) the expert-auditor who is carrying out certification, and also if necessary technical experts, trainees, etc.;

4.10. competence – capability to apply knowledge and (or) skills to achievement of the intended purposes;

4.11. classification of the contractor, services on category – reference of the contractor, services to certain category based on assessment of this contractor and the works performed by it, the rendered services;

4.12. criteria of classification of the contractor, services – complex of requirements and condition of reference of the contractor, services to this or that category (category);

4.13. criteria for evaluation (audit) – set the politician, the procedures or requirements used as reference points with which objective certificates are compared;

4.14. the adjusting action – action taken for elimination of the reason of discrepancy and the prevention of its repeated origin;

4.14-1. the place of implementation of activities for production - production facility on which products production process including which is outside the Republic of Belarus is directly performed;

4.15. observations – results of estimation of collected certificates of assessment (audit) of evaluation criteria (audit) which can specify compliance or discrepancy (if as evaluation criteria (audit) choose technical requirements, – on observance or non-compliance with technical requirements);

4.16. discrepancy – failure to meet requirement;

4.17. the certificate of assessment (audit) – record, formulations of the facts or other information which belong to criteria for evaluation (audit) and which are verified;

4.18. lot of products – set of units of the uniform products made during certain interval of time in the same conditions and accompanied with one shipping document;

4.19. the consumer of works, services – the physical person or legal entity having intention to use or using results of performance of works, rendering services;

4.20. products of serial production – the products made according to the same technical documentation with use of single engineering procedure and issued in the form of consecutive number of units or periodically repeating batches;

4.21. council on certification of certification body – the collegiate organ of certification body created for the purpose of coordination of activities of certification body and also for consideration of questions on certification of objects of assessment of conformity and decision making by results of the carried-out works on certification;

4.22. technical area – the area characterized by community of the processes relating to specific type of management system (management);

4.23. standard sample – the sample chosen from tiporazmerny number of products or group of uniform products, which is most accumulating in itself the main properties of the products which are turned out (assumed to release);

4.24. management system (management) – set of the interconnected or interacting elements of the organization for establishment of structure of the organization, role and obligation, planning, functioning, the politician, the practician, rules, beliefs, the purposes and processes for achievement of these purposes. The scope of management system (management) can include all organization, specific functions of the organization, specific structural divisions (including the isolated structural divisions and objects of performance of works, rendering services) the organizations or one or several functions in group of the organizations;

4.25. qualification examination for personnel – the procedure of measurement of degree of competence of the candidate with use of one (or more) method (written or oral, practical or method of observation);

4.26. the examination center – the center determined by certification body for holding qualification examinations for personnel.

Chapter 2. Basic provisions of confirmation of conformity

5. Confirmation of conformity has binding or voluntary character.

Obligatory confirmation of conformity is performed in shape:

obligatory certification;

declaring of compliance.

Voluntary confirmation of conformity is performed in the form of voluntary certification.

6. Works on confirmation of conformity in System are carried out according to:

6.1. The law of the Republic of Belarus "About assessment of conformity to technical requirements and accreditation of conformity assessment bodies";

6.2. the acts of the legislation of the Republic of Belarus establishing:

the ministerial procedures in the field of confirmation of conformity performed by the republican state bodies, other state organizations subordinated to the Government of the Republic of Belarus, and subordinated to them by the state organizations;

description and procedure for application of mark of conformity to the technical regulation of the Republic of Belarus;

6.3. these rules;

6.4. other acts of the legislation of the Republic of Belarus.

7. Certification of objects of assessment of conformity in System is carried out by certification bodies within their area of accreditation.

8. Registration of declarations of conformity of National system of confirmation of conformity of the Republic of Belarus (further – the declaration of conformity) in the register of System is carried out by bodies for registration of declarations.

9. If necessary for participation in certification by certification body are appointed the technical certification experts having special knowledge in the certain area connected with objects of assessment of conformity (are attracted). The technical expert does not act as the expert-auditor in team by assessment.

10. Testing within confirmation of conformity are carried out by accredited test laboratories (centers) with the respective area of accreditation in cases if it is provided by the scheme of confirmation of conformity applied in case of certification or declaring of compliance or is determined by acts of the legislation of the Republic of Belarus.

11. Obligatory confirmation of conformity is carried out in the form of obligatory certification or declaring of compliance.

12. The objects of assessment of conformity which are subject to obligatory confirmation of conformity and forms of confirmation of conformity are established by technical regulations of the Republic of Belarus, the Customs union and Eurasian Economic Union (further if other is not determined, – technical regulations) or the President of the Republic of Belarus or according to the procedure, determined by it, due to the need of initiation of efficient measures of state regulation.

13. Obligatory confirmation of conformity is carried out on compliance to technical requirements of technical regulations or to the technical requirements containing in the regulatory legal acts of the President of the Republic of Belarus or Council of Ministers of the Republic of Belarus providing introduction of obligatory confirmation of conformity due to the need of initiation of efficient measures of state regulation.

14. Voluntary confirmation of conformity is carried out in the form of voluntary certification. Voluntary certification is performed on compliance to technical requirements of technical codes of common practice, state standards of the Republic of Belarus, specifications, international standards, interstate and other regional standards, other documents in the field of the technical regulation and standardization which are not technical regulatory legal acts of the Republic of Belarus, civil agreements including foreign trade.

15. In case of certification the applicant for carrying out certification submits to certification body the certification application in forms according to appendices 1-4.

16. Rules of certification of products are established in the Section II of these rules.

17. Rules of certification of performance of works, rendering services are established in the Section III of these rules.

18. Rules of certification of competence of personnel are established in the Section IV of these rules.

19. Rules of certification of management systems (management) are established in the Section V of these rules.

20. Rules of declaring of compliance are established in the Section VI of these rules.

21. Payment for work:

on certification it is performed by the applicant on carrying out certification on the basis of the contract for performance of works on certification with certification body;

by periodic assessment of the certified object of assessment of conformity it is performed by the applicant on carrying out certification, the certificate holder on the basis of the contract for performance of works on carrying out periodic assessment of the certified object of assessment of conformity with certification body;

on carrying out testing it is performed by the applicant on carrying out testing on the basis of the contract for performance of works on carrying out testing with accredited test laboratory (center).

22. Positive results of certification make sure the certificate of conformity of National system of confirmation of conformity of the Republic of Belarus (further – the certificate of conformity), the certificate of competence of National system of confirmation of conformity of the Republic of Belarus (further – the certificate of competence) issued by certification body to the applicant on carrying out certification.

23. Terms of issue and action of certificates of conformity, certificates of competence, terms of registration of declarations of conformity, lists of the documents (data) submitted for issue of certificates of conformity, certificates of competence, registration of declarations of conformity are determined by the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs, the approved resolution of Council of Ministers of the Republic of Belarus of February 17, 2012 No. 156.

24. The declaration of conformity, and also appendices to it are drawn up on sheets of white paper of the A4 format (210 x 297 mm).

25. Forms of the certificate of conformity, the certificate of competence, the copy of the certificate of conformity are forms of documents with certain degree of protection.

26. Documents on assessment of conformity within System are processed in Russian or Belarusian, is exclusive with use of electronic printers. If necessary the name of the applicant (except state) and designation of products (type, brand, model, the article, etc.) can be specified carrying out certification, the name of person adopting the declaration, the name of the manufacturer, its location, and also the address (addresses) of the place of implementation of activities for production of products, street address of object of performance of works, rendering services with use of letters of the Latin alphabet.

If necessary additional execution of the certificate of conformity, certificate of competence in foreign language is allowed. In this case the certificate of conformity in foreign language is drawn up on the Conformity Certificate form. At the same time execution of the certificate of conformity, certificate of competence in Russian or Belarusian is obligatory.

27. Apply font of the Times New Roman font to typing of the certificate of conformity, the certificate of competence.

Font size for data on the certification body which issued the certificate of conformity, the certificate of competence – at least 9 Items of direct tracing. Font size for other data – at least 10 Items of direct tracing.

28. Entering into the certificate of conformity, the certificate of competence, the declaration of conformity of the data which are not provided by these rules and also reducing words (except the commonly accepted designations and reducings) and any correction of the text are not allowed.

29. Certificates of conformity, certificates of competence and the declaration of conformity become effective from the date of their registration in the register of System.

30. Copies of the certificate of conformity, the certificate of competence are made by the certification body which issued them from the original of the certificate of conformity, the certificate of competence on forms of the copy of the certificate of conformity and certified by the signature of the official of certification body authorized by the head according to the legislation of the Republic of Belarus.

Copies of the registered declaration of conformity are made by person adopting this declaration on sheets of white paper of the A4 format (210 x 297 mm), certified by the signature of the head (authorized by the head according to the legislation of the Republic of Belarus of the official) the specified person. In case of assurance of the copy of the declaration of conformity by the official authorized by the head the name and details of the authorizing document are specified copies of the declaration of conformity.

31. After carrying out all necessary assessment procedures of compliance and in the presence of documentary confirmation of conformity of object of assessment of conformity to the established technical requirements marking of products is performed by mark of conformity.

The description and procedure for application of mark of conformity to the technical regulation of the Republic of Belarus are approved by the resolution of Council of Ministers of the Republic of Belarus of May 24, 2017 No. 383 "About the description and procedure for application of mark of conformity to the technical regulation of the Republic of Belarus and recognition No. 810 which voided resolutions of Council of Ministers of the Republic of Belarus of June 21, 2011". Types, the description and procedure for application of other marks of conformity Systems are installed in the Section VII of these rules.

32. In case of confirmation of conformity protection of valuable interests of applicants on carrying out certification, owners of the certificates, persons adopting declarations of conformity including by maintaining confidentiality of the data received in the course of passing of procedures of certification is provided and also in case of registration of declarations of conformity.

33. Products made during action of the certificate of conformity issued concerning it in accordance with the established procedure and also each unit from batch of the certified products in case of possibility of its unambiguous identification can be in circulation after cancellation (termination) of action of the appropriate certificate of compliance within determined according to acts of the legislation of the Republic of Belarus or the right of the Eurasian Economic Union of service life, expiration dates and (or) storage durations of products, except as specified, when action of the certificate of conformity was cancelled (is stopped) in connection with discrepancy of the certified object of assessment of conformity to technical requirements, compliance to which was confirmed in case of certification, or cancelled stopped) in the cases and procedure established by the President of the Republic of Belarus, persons (bodies) authorized by it.

Products made during action of registration of the declaration of conformity registered concerning such products and also each unit (in case of possibility of its unambiguous identification) from lot of products concerning which the registered declaration of conformity was adopted can be in circulation after cancellation of registration of the corresponding declaration of conformity within determined according to acts of the legislation of the Republic of Belarus or the right of the Eurasian Economic Union of service life, expiration dates and (or) storage durations of products, except as specified, when the registered declaration of conformity was terminated in the cases and procedure established by the President of the Republic of Belarus, persons (bodies) authorized by it.

34. The bases, conditions and procedure for suspension, renewal or cancellation (termination) of action of the certificate of conformity, certificate of competence by certification body which are not connected with the certificate holder's initiative, liquidation, reorganization of the legal entity, the termination of activities of the individual entrepreneur, death, the announcement by the dead of physical person which were certificate holder are stipulated in Clause 28 Laws of the Republic of Belarus "About assessment of conformity to technical requirements and accreditation of conformity assessment bodies".

35. The procedure for confirmation of availability of documents on assessment of conformity and registration of declarations in case of the product circulation, performance of works, rendering services and functioning (operation, use) of other objects of assessment of conformity is established by acts of the legislation of the Republic of Belarus and the right of the Eurasian Economic Union.

36. Repeated certification of objects of assessment of conformity is carried out in the following procedure:

36.1. the applicant for carrying out certification submits the application for repeated certification to the certification body which issued the certificate of conformity, the certificate of competence in form according to appendices 1-4 not later than 60 calendar days before expiration of the certificate of conformity for products, performance of works, rendering services, the certificate of competence and not later than 90 calendar days before expiration of the certificate of conformity for management system (management);

36.2. repeated certification of products is carried out according to Chapters 5-13 of these rules, and repeated certification of performance of works, rendering services – according to Chapters 16-21 of these rules.

When carrying out repeated certification by certification body positive results of periodic assessment of the certified products (performance of works, rendering services) which are carried out not earlier than before 12 months before repeated certification, taking into account degree of potential danger of products (performance of works, rendering services), stability of its quality and production process (process of performance of works, rendering services), actions of test reports, the analysis of information on the changes made to technical documentation and engineering procedure of production of the certified products provided by the certificate holder of compliance (performance of works, rendering services), availability during effective period of the certificate of conformity of the facts of carrying out unplanned periodic estimates can be considered.

Issue of the certificate of conformity on products is performed according to Chapter 14 of these rules taking into account provisions of this Chapter, and issue of the certificate of conformity on performance of works, rendering services – according to Chapter 22 of these rules taking into account provisions of this Chapter;

36.3. repeated certification of competence of personnel is carried out according to Chapters 24-27 of these rules. Issue of the certificate of competence is performed according to Chapter 28 of these rules taking into account provisions of this Chapter.

When carrying out repeated certification by certification body positive results of periodic assessment of the certified competence of personnel which is carried out not earlier than before 6 months before repeated certification can be considered;

36.4. repeated certification of management systems (management) is carried out according to Chapters 30-33 of these rules.

When carrying out repeated certification of management systems (management) the audit of management system (management) at the first stage (further – audit at the first stage) with visit of the organization which is the applicant on carrying out certification performed according to subitem 275.1 of Item 275 of these rules is carried out in the following cases:

availability of essential changes in management system (management);

availability of the changes in the legislation influencing the certified management system (management).

Issue of the certificate of conformity on management system (management) is performed according to Chapter 34 of these rules taking into account provisions of this Chapter.

Chapter 3. Procedure for modification and (or) amendments, cancellation, issues of the duplicate of the certificate of conformity, certificate of competence

37. During the term of their action at the initiative of the certificate holder changes and (or) additions by the certification body which issued the appropriate certificate in connection with change of the data specified in the certificate of conformity or the certificate of competence can be made to the certificate of conformity or the certificate of competence. Changes can be made also in case of transformation of the legal entity which is certificate holder.

38. Terms of modification and (or) amendments in the certificate of conformity, the certificate of competence and lists of the documents (data) submitted for modification and (or) amendments of the certificate of conformity, the certificate of competence are determined by the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs.

39. Modification and (or) amendments in the certificate of conformity, the certificate of competence is performed by one of the following methods:

modification and (or) amendments in the corresponding lines of the original of the certificate of conformity, certificate of competence (including in appendices);

execution of the certificate of conformity, certificate of competence on the new form.

40. Brought in the corresponding lines of the original of the certificate of conformity, certificate of competence (including in appendices) changes and (or) amendments are certified by the signature of the head (authorized by the official's head) the certification body. At the same time in the line "Special Marks" or "Additional information" nature of the made changes and (or) additions, the basis and date of modification and (or) amendments are specified.

At the same time changes and (or) additions are made to photocopy of the certificate of conformity, certificate of competence which is stored in certification body, and certified by the signature of the head (authorized by the official's head) the certification body.

41. Modification and (or) amendments in the certificate of conformity, the certificate of competence by their registration on the new form is performed in case of absence on the form of the existing certificate of conformity, the certificate of competence of the place for implementation of record about modification and (or) amendments or in coordination with the applicant on carrying out certification. At the same time in the line "Special Marks" or "Additional information" nature of the made changes and (or) additions, the basis and date of modification and (or) amendments, and also information "are specified number of the form of the previous certificate of conformity, the certificate of competence is issued instead of the form" and further.

42. Changes and (or) amendments in the certificate of conformity or the certificate of competence are considered brought from the date of entering of the corresponding record into the register of System.

43. Action of the certificate of conformity, certificate of competence can be stopped by the certification body which issued the appropriate certificate of compliance, the certificate of competence at the initiative of the certificate holder.

44. Terms of issue of the decision on cancellation of the certificate of conformity, the certificate of competence and lists of the documents (data) submitted for issue of the decision on cancellation of the certificate of conformity, the certificate of competence are determined by the single list of the ministerial procedures performed by state bodies and other organizations concerning legal entities and individual entrepreneurs.

45. Action of the certificate of conformity, certificate of competence is considered stopped from the date of entering of the corresponding record into the register of System.

46. At the initiative of the certificate holder the duplicate of the certificate of conformity, the certificate of competence can be issued by the certification body which issued the appropriate certificate of compliance, the certificate of competence.

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