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LAW OF THE REPUBLIC OF BELARUS

of October 11, 2024 No. 33-Z

About accreditation in the National accreditation system of the Republic of Belarus

Accepted by the House of Representatives on September 17, 2024

Approved by Council of the Republic on September 25, 2024

Chapter 1. General provisions

Article 1. The main terms used in this Law and their determinations

1. Accreditation in the National accreditation system of the Republic of Belarus (further, unless otherwise specified, - accreditation) - confirmation by national authority on accreditation (further - accreditation body) competence of legal entities (their structural divisions) to perform activities in certain area of accreditation and official witnessing of their compliance to accreditation criterions.

2. The accredited subject - the legal entity who obtained accreditation. Concerning structural division of the legal entity who obtained accreditation, the accredited subject the corresponding legal entity is recognized.

3. The appeal - the address of the applicant on accreditation or the accredited subject in accreditation body about review of the decision on accreditation made on the applicant on accreditation or the accredited subject.

4. Sign of the National accreditation system of the Republic of Belarus (further - sign NSA) - the sign testimonial of accreditation of the accredited subjects applying it.

5. Accreditation criterions - set of requirements to which there shall correspond accredited subject when implementing activities in certain area of accreditation, including compliance to requirements of the fundamental standard.

6. Interlaboratory comparison tests (interlaboratory checkings) - the organization, accomplishment and estimation of testing and measurements same or several similar samples in several test laboratories (centers) by means of assessment of characteristics of functioning of these laboratories (centers) for the purpose of check of their qualification.

7. National accreditation system of the Republic of Belarus (further - the National accreditation system) - set of participants of the National accreditation system, acts of the legislation in the sphere of accreditation, information resources (systems) in the sphere of accreditation, and also rules and procedures of functioning of accreditation system in general.

8. The new version of the fundamental standard - new edition of the fundamental standard or the new fundamental standard accepted instead of invalid (cancelled).

9. The area of accreditation - field of activity of the legal entity (its structural division), competence in which implementation proves to be true or is confirmed with accreditation body, subject to the description through set of characteristics of such activities.

10. Accreditation body - the organization which is carrying out accreditation, determined by the State committee on standardization from among the legal entities subordinated to it.

11. The fundamental standard - state standard of the Republic of Belarus or the international standard enacted in the territory of the Republic of Belarus according to the legislation on technical regulation and standardization, interstate or other regional standard, the standard accepted by foreign state which establish the requirements for certain area of accreditation recognized by such standard for the accreditation purposes by inclusion in the list of fundamental standards determined by the State committee on standardization.

12. Accreditation cycle - the period constituting five years during which the accredited subject is considered accredited in certain area of accreditation, beginning with date of entering of record about the accredited subject into the register of the National accreditation system (further - the register of NSA).

Article 2. Legal regulation of the relations in the sphere of accreditation. Coverage of this Law

1. The relations in the sphere of accreditation are governed by this Law and other acts of the legislation, and also the international treaties of the Republic of Belarus and other international legal acts containing obligations of the Republic of Belarus (further, unless otherwise specified, - international legal acts).

If the international treaty of the Republic of Belarus establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

2. This Law governs the relations arising between participants of the National accreditation system in case of state regulation in the sphere of accreditation and carrying out accreditation concerning legal entities (their structural divisions) for implementation by them of the activities specified in Item 1 of article 12 of this Law and also other relations connected with accreditation.

3. This Law is not applied to the accreditation which is carried out according to legal acts and resolutions of Council of Ministers of the Republic of Belarus out of the National accreditation system.

4. Features of legal regulation of the relations regulated by this Law can be established by the president of the Republic of Belarus.

Article 3. Purposes and principles of accreditation

1. The purposes of accreditation are:

1.1. providing trust of producers, consumers of products (works, services) to activities of accredited subjects and assistance in ensuring reliability of results of their activities;

1.2. creation of conditions for mutual recognition of results of activities of accredited subjects on international and interstate (regional) levels;

1.3. elimination of technical barriers in trade.

2. The principles of accreditation are:

2.1. harmonization of legal regulation and approaches in the sphere of accreditation with international standards;

2.2. competence as availability at the participants of the National accreditation system participating in carrying out accreditation, consideration of appeals, activities of Council for accreditation in the National accreditation system (further - Council for accreditation), knowledge and skills necessary for effective implementation of the functions;

2.3. voluntariness as liberty of choice the applicant on activities accreditation, competence of which implementation he expressed desire to confirm;

2.4. openness and availability of information on procedure for carrying out accreditation and the made decisions on accreditation;

2.5. providing for applicants on accreditation and accredited subjects of equal conditions;

2.6. the objectivity of accreditation body expressed by independent assessment of the actual circumstances when carrying out the accreditation based on acts of the legislation and international legal acts, modern achievements of science, the equipment and technologies;

2.7. impartiality as absence at accreditation body of preferences or bias concerning applicants on accreditation and accredited subjects, other interest during the carrying out accreditation and decision making on accreditation;

2.8. independence of accreditation body as inadmissibility of impact on accreditation body in any form of state bodies, legal entities or their representatives, physical persons for the purpose of rendering influence on accreditation body when carrying out accreditation by it and consideration of claims;

2.9. ensuring confidentiality of the data received when carrying out accreditation;

2.10. the onerousness of accreditation which is expressed in the paid nature of carrying out accreditation, except as specified, provided by this Law and rules of accreditation.

Article 4. Object of accreditation. Description of area of accreditation. Flexible area of accreditation

1. Object of accreditation is competence of the applicant on accreditation or the accredited subject to perform activities in certain area of accreditation.

2. The description of area of accreditation is the document containing set of characteristics of activities, competence of which implementation proves to be true or is confirmed with accreditation body.

The description of area of accreditation is drawn up in the form established by rules of accreditation and may contain links (specifying) to acts of the legislation, international legal acts, and also to the documents including characteristics of the related activity.

The description of area of accreditation according to the made decision on accreditation is placed in the register of NSA.

3. The area of accreditation is flexible when according to rules of accreditation the accredited subject can make changes to the description of area of accreditation regarding characteristics of its activities, competence of which implementation is confirmed with accreditation body.

Article 5. Recognition of results of accreditation

Mutual recognition of results of accreditation is performed according to international legal acts, and also based on the agreements with accreditation bodies of foreign states and the international (regional) organizations for accreditation signed by accreditation body.

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