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LAW OF THE REPUBLIC OF BELARUS

of October 24, 2016 No. 437-Z

About assessment of conformity to technical requirements and accreditation of conformity assessment bodies

(as amended on 05-01-2022)

Accepted by the House of Representatives on October 3, 2016

Approved by Council of the Republic on October 6, 2016

This Law is directed to determination of legal and organizational basis of assessment of conformity to technical requirements (further if other is not determined, – assessment of conformity) and accreditations of conformity assessment bodies (further – accreditation), ensuring single state policy in the field of assessment of conformity and accreditation, including taking into account requirements of the Law of the Republic of Belarus of January 5, 2004 No. 262-Z "About technical regulation and standardization".

Chapter 1. General provisions

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

1. For the purposes of this Law the following main terms and their determinations are used:

1.1. accreditation – official recognition of competence of the legal entity of the Republic of Belarus by accreditation body or the foreign legal entity in performance of works on assessment of conformity in certain area of accreditation;

1.2. accredited test laboratory (center) – the legal entity of the Republic of Belarus or the foreign legal entity accredited for carrying out testing in certain area of accreditation;

1.3. the accredited subject – certification body or accredited test laboratory (center);

1.4. the certificate of accreditation of the National accreditation system of the Republic of Belarus (further – the certificate of accreditation) – the document certifying competence of the accredited subject of performance of works on assessment of conformity in certain area of accreditation;

1.5. the certificate holder – the applicant who received the certificate on carrying out certification;

1.6. production in the address – delivery or import of products (including sending from warehouse of the manufacturer or shipment without warehousing) for the purpose of its distribution (realization) in the territory of the Republic of Belarus or other state member of the Eurasian Economic Union during business activity on non-paid or paid basis;

1.7. the declaration – the declaration of conformity of National system of confirmation of conformity of the Republic of Belarus (further – the declaration of conformity), the declaration of conformity to technical regulations of the Eurasian Economic Union or provided by the Agreement on the Eurasian Economic Union of May 29, 2014 (further – the Agreement on the Eurasian Economic Union), the declaration of conformity which is drawn up in single form (further – the declaration of conformity in single form);

1.8. the declaration of conformity – the document in which the manufacturer or person authorized by the manufacturer or the seller (supplier) certify products compliance to the technical requirements containing in technical regulations of the Republic of Belarus or regulatory legal acts of the President of the Republic of Belarus or other legal acts according to determined by it rather, providing introduction of obligatory confirmation of conformity due to the need of initiation of efficient measures of state regulation;

1.9. declaring of compliance – the form of assessment of conformity which is carried out by the manufacturer or person authorized by the manufacturer or the seller (supplier) which is obligatory and of which the documentary certificate of compliance of products to technical requirements is result;

1.10. evidentiary materials – the documents containing data on results of testing, researches and (or) measurements, and also documents on assessment of conformity and (or) other documents proving compliance of object of assessment of conformity to technical requirements, and (or) the documents confirming in necessary cases legal status and (or) the right of the manufacturer or person authorized by the manufacturer or the seller (supplier) to adopt the declaration;

1.11. the applicant on carrying out accreditation – the legal entity of the Republic of Belarus or the foreign legal entity who addressed with the request for accreditation. At the same time only the legal entity of the Republic of Belarus, and the applicant on carrying out accreditation if the required (asked) area of accreditation includes technical regulations of the Eurasian Economic Union, – only the legal entity of the Republic of Belarus or in case, stipulated in Item 2 articles 54 of this Law, the foreign legal entity registered in state member of the Eurasian Economic Union can be the applicant on carrying out accreditation if the required (asked) area of accreditation includes technical regulations of the Republic of Belarus or regulatory legal acts of the President of the Republic of Belarus or other legal acts according to determined by it rather, providing introduction of obligatory confirmation of conformity due to the need of initiation of efficient measures of state regulation;

1.12. the applicant on carrying out testing – the citizen of the Republic of Belarus, the foreign citizen or the stateless person, except for persons who are individual entrepreneurs (further – physical person), or the legal entity of the Republic of Belarus, the foreign or international legal entity (the organization, not being the legal entity) (further if other is not determined, – the legal entity) or the individual entrepreneur, addressed with the request for carrying out testing;

1.13. the applicant on carrying out certification – physical person or legal entity or the individual entrepreneur who addressed with the certification application of object of assessment of conformity, except for certifications of competence working for the legal entity or the individual entrepreneur based on the employment or civil contract of physical person (further – personnel) in accomplishment of certain works, rendering certain services, either the legal entity or the individual entrepreneur who addressed with the certification application of competence of personnel of accomplishment of certain works, rendering certain services. At the same time physical persons can be applicants on carrying out certification only in the cases determined by the President of the Republic of Belarus or in case of voluntary certification;

1.14. the manufacturer – the legal entity or the individual entrepreneur performing on its own behalf production or production and sales of products and responsible for its compliance to technical requirements, obligatory for observance;

1.15. the individual entrepreneur – the individual entrepreneur registered in the Republic of Belarus or the physical person who is the foreign individual entrepreneur;

1.16. testing – the procedure within confirmation of conformity or independent form the assessments of conformity which are carried out by test laboratory (center) which determination by the established technique of one or several quantity and (or) quality characteristics of properties of product sample is result, of other object of assessment of conformity;

1.17. test laboratory (center) – the legal entity of the Republic of Belarus, the individual entrepreneur or the foreign legal entity who are carrying out testing;

1.18. person adopting the declaration – the manufacturer or person authorized by the manufacturer or the seller (supplier) adopting (adopted) the declaration. At the same time only the legal entity of the Republic of Belarus or the individual entrepreneur registered in the Republic of Belarus, and person adopting the declaration of conformity to technical regulations of the Eurasian Economic Union or the declaration of conformity in single form – only the legal entity or the individual entrepreneur registered in the Republic of Belarus or other state member of the Eurasian Economic Union can be person adopting the declaration of conformity;

1.18-1. interlaboratory comparison tests (interlaboratory checkings) – the organization, accomplishment and estimation of testing 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 skill test of test laboratories (centers);

1.19. technique of testing – the set of rules and procedures of carrying out certain testing established by the act of the legislation, including technical regulatory legal act, or the international standard, interstate or other regional standard, or the standard of the organization, other local regulatory legal act of test laboratory (center) which is applied according to Items 2 and 3 of article 39 of this Law;

1.20. the area of accreditation – area (sphere) within assessment of conformity on implementation of activities in which proves to be true or is confirmed competence of the applicant on carrying out accreditation or the accredited subject;

1.21. accreditation body – the state organization determined by the State committee on standardization and subordinated to it, which is carrying out accreditation;

1.22. conformity assessment body – certification body or test laboratory (center);

1.23. body for registration of declarations – certification body with the respective area of accreditation, and also the organization authorized by Council of Ministers of the Republic of Belarus on registration of declarations of conformity;

1.24. certification body – the legal entity of the Republic of Belarus or the foreign legal entity accredited for performance of works on certification and registration of declarations in certain area of accreditation;

1.25. assessment of conformity – direct or indirect determination of observance of the technical requirements imposed to object of assessment of conformity;

1.26. periodic competency evaluation of the accredited subject (further – periodic competency evaluation) – the procedure within accreditation including periodic actions for determination of capability of observance by the accredited subject of the requirements established concerning his competence which is carried out by accreditation body on contractual basis for the purpose of ensuring maintenance of the confirmed competence of the accredited subject throughout all effective period of the certificate of accreditation;

1.27. periodic assessment of the certified object – the procedure within certification including periodic actions for determination of capability of observance by the certificate holder of the technical requirements established concerning the certified object of assessment of conformity which is carried out by certification body on contractual basis for the purpose of ensuring maintenance by the certificate holder of documentary certified compliance of such object to the specified technical requirements throughout all effective period of the certificate;

1.28. confirmation of conformity – obligatory certification and declaring of compliance (obligatory confirmation of conformity), and also voluntary certification (voluntary confirmation of conformity);

1.29. the seller (supplier) – the legal entity or the individual entrepreneur registered in the Republic of Belarus or other state member of the Eurasian Economic Union which enable product sales (including imported (imported) on territory the Republic of Belarus or other state member of the Eurasian Economic Union from the third party) also bear responsibility for discrepancy of products to technical requirements, obligatory for observance;

1.30. the test report, the passport, the report or other document on testing (further – the test report) – the document containing data on testing, including on product sample, other object of assessment of conformity, the applied techniques, means and test conditions, their results (the conclusion about their results), other necessary data;

1.31. the procedure – the established activities implementation method;

1.32. the register of the National accreditation system of the Republic of Belarus – data set about the issued certificates of accreditation, introduction of changes in them and (or) amendments, suspension, renewal, cancellation of their action;

1.33. the register of National system of confirmation of conformity of the Republic of Belarus – data set about the issued certificates of conformity of National system of confirmation of conformity of the Republic of Belarus (further – the certificate of conformity), certificates of competence of National system of confirmation of conformity of the Republic of Belarus (further – the certificate of competence), introduction of changes in them and (or) amendments, suspension, renewal, cancellation, the termination of their action, and also about the registered declarations of conformity, cancellation of their registration;

1.34. the certificate – the certificate of conformity, the certificate of competence, the certificate of conformity to technical regulations of the Eurasian Economic Union or the certificate of conformity provided by the Agreement on the Eurasian Economic Union which is drawn up in single form (further – the certificate of conformity in single form);

1.35. the certificate of competence – the document certifying compliance of competence of personnel of accomplishment of certain works, rendering certain services to technical requirements;

1.36. the certificate of conformity – the document certifying compliance of object of assessment of conformity, except for competence of personnel of accomplishment of certain works, rendering certain services, to technical requirements;

1.37. certification – the form of assessment of conformity which is carried out by certification body which can carry obligatory (obligatory certification) or voluntary (voluntary certification) nature and of which the documentary certificate of compliance of object of assessment of conformity to technical requirements is result;

1.38. the certified object of assessment of conformity – object of assessment of conformity concerning which the certificate is issued;

1.39. the scheme of confirmation of conformity – set and the sequence of procedures of confirmation of conformity;

1.40. technical requirements – quantitative and (or) high-quality requirements (verbal and (or) digital indicators, standard rates, characteristics, rules, techniques, classifications, verbal and graphical descriptions) to objects of assessment of conformity or objects of accreditation having technical character;

1.41. the technical accreditation expert – the physical person having special knowledge in certain area of accreditation, appointed (attracted) to participation in accreditation by accreditation body and included by it in the register of technical experts in accreditation;

1.42. the technical certification expert – the physical person having special knowledge in the certain area connected with objects of assessment of conformity, appointed (attracted) to participation in certification by certification body;

1.43. person authorized by the manufacturer – the legal entity or the individual entrepreneur registered in the Republic of Belarus or other state member of the Eurasian Economic Union which based on the civil contract with the manufacturer perform actions on behalf of this manufacturer in case of assessment of conformity and production (including imported (imported) on territory the Republic of Belarus or other state member of the Eurasian Economic Union from the third party) in the address and also bear responsibility for discrepancy of products to technical requirements, obligatory for observance;

1.44. the expert-auditor – the physical person which is conforming to requirements to professional competence, certain State committee on standardization, certified compliance to these requirements according to the procedure, established by acts of the legislation, and appointed for performance of works on certification and registration of declarations by certification body;

1.45. the accreditation expert – the physical person certified by accreditation body according to the procedure, established by acts of the legislation, appointed for performance of works on accreditation by accreditation body and included by it in the register of experts in accreditation.

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