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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of February 9, 2015 No. 48

About measures for ensuring the state control (supervision) of observance of requirements of technical regulations

(as amended of the Presidential decree of the Republic of Belarus of 03.06.2016 No. 188)

For the purpose of ensuring compliance with technical regulations of the Customs union, the Eurasian Economic Union, increase in efficiency of supervision of the safety and product quality placed in the market of the Republic of Belarus:

1. Determine that:

1.1. the authorized (competent) bodies of the Republic of Belarus responsible for implementation of the state control (supervision) of observance of requirements of technical regulations of the Customs union, Eurasian Economic Union in the Republic of Belarus, are determined by each technical regulation of the Customs union, Eurasian Economic Union by Council of Ministers of the Republic of Belarus;

1.2. the state control (supervision) of observance of requirements of technical regulations of the Customs union, Eurasian Economic Union is carried out on the basis of risks assessment *;

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* For the purposes of this Decree the risks assessment is understood as determination by quantitative or high-quality method of the size (degree) of risks for reference of the checked subjects to the corresponding risk groups, (established) according to Presidential decree of the Republic of Belarus from October 16, 2009 certain No. 510 "About enhancement of control (supervising) activities in the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 253, 1/11062).

1.3. the system of state control (supervision) bodies behind observance of requirements of technical regulations of the Customs union, Eurasian Economic Union in the sphere of the consumer market ** is constituted by the State committee on standardization, the Ministry of Health, the Ministry of Agriculture and Food, the Ministry of anti-monopoly regulation and trade, the Ministry of Emergency Situations, and also the controlling (supervising) bodies which are their part (system) given appropriate authority (further - supervisory authorities);

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** For the purposes of this Decree the state control (supervision) of observance of requirements of technical regulations of the Customs union, Eurasian Economic Union in the sphere of the consumer market is understood as activities of state control (supervision) bodies for ensuring compliance of products which are at address stage in the Republic of Belarus, to requirements of technical regulations of the Customs union, Eurasian Economic Union.

1.4. supervisory authorities when carrying out the state control (supervision) of observance of requirements of technical regulations of the Customs union, Eurasian Economic Union shall use the control list of questions (check sheet);

1.5. supervisory authorities within the competence realize single state policy in the field of safety and product quality, and also will organize and perform:

The state committee on standardization - the state control (supervision) of observance of requirements of technical regulations of the Customs union, the Eurasian Economic Union and the indicators which are not included in technical regulations of the Customs union, Eurasian Economic Union, but declared by the manufacturer (the seller, the supplier, the importer) of products in delivery agreements (sale) of products in its marking or operational documentation;

The Ministry of Health - the state sanitary inspection behind observance of the sanitary and epidemiologic, hygienic requirements and procedures established in technical regulations of the Customs union, Eurasian Economic Union;

The Ministry of Agriculture and Food - control (supervision) of observance of requirements of technical regulations of the Customs union, Eurasian Economic Union in the field of veterinary science, quality assurances of grain and compound feeds, safety in the veterinary and sanitary relation of food staples and foodstuff;

The ministry of anti-monopoly regulation and trade - the state control (supervision) of observance of requirements of technical regulations of the Customs union, Eurasian Economic Union in the field of consumer protection;

The Ministry of Emergency Situations - the state supervision of observance of requirements of technical regulations of the Customs union, Eurasian Economic Union in the field of fire and industrial safety.

2. In establishment cases by results of check of dangerous products *, and also illegal issue (acceptance) of documents on assessment of conformity of such products to requirements of technical regulations of the Customs union, the Eurasian Economic Union to grant the right:

2.1. To the chief state inspector of the Republic of Belarus on supervision of observance of technical regulations, the Chief state state metrological supervision inspector of the Republic of Belarus, the First Deputy Minister of Emergency Situations of the Republic of Belarus - the chief state fire supervision inspector of the Republic of Belarus, the deputy minister of health care - the Chief state health officer of the Republic of Belarus, the deputy minister of agricultural industry and food - the chief state veterinarian of the Republic of Belarus - the chief state veterinary inspector of the Republic of Belarus and their deputies:

issue to legal entities and physical persons, including individual entrepreneurs, instructions on prohibition of import and (or) the address of dangerous products in the territory of the Republic of Belarus;

send to the copy of such instructions to the republican state bodies and the state organizations subordinated to Council of Ministers of the Republic of Belarus, including customs authorities for prevention of import and (or) the address of such products in the territory of the Republic of Belarus;

make the decision on the termination (suspension) of action in the territory of the Republic of Belarus of documents on assessment of conformity of such products to requirements of technical regulations of the Customs union, Eurasian Economic Union. If documents on assessment of conformity are issued by other state member of the Eurasian Economic Union, information on the made decision goes to the State committee on standardization for submission in ten-day time to the Eurasian economic commission and authorized bodies of state member of the Eurasian Economic Union in the territory of which the specified documents are issued;

2.2. to heads of supervisory authorities or their deputies within competence to issue to the relevant manufacturer (the supplier, the seller, the importer) the instruction about withdrawal (response from the address) dangerous products.

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* For the purposes of this Decree dangerous products are understood as products classified by one or several following signs:

not meeting the requirements of technical regulations of the Customs union, Eurasian Economic Union for its safety for life and health of the person, property and the environment;

to which the manufacturer (seller) intentionally gave appearance and (or) separate properties of certain type of products, but at the same time it cannot be identified as products for which it is issued.

3. Release into the stream of commerce * products which are not conforming to requirements of technical regulations of the Customs union, Eurasian Economic Union

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