LAW OF THE REPUBLIC OF BELARUS
September 5, 1995, N 3849-XII
ON CERTIFICATION OF PRODUCTS, WORKS AND SERVICES
The present Law stipulates the legal basis of compulsory and voluntary certification of products, works and services in the Republic of Belarus, regulates the legal relations which evolve in the process of certification, as well as rights, duties and responsibilities of the participants of certification.

Chapter I. General Provisions

Article1. Sphere of Application of the Present Law The application of the present Law concerns enterprises, institutions, organizations irrespective of the property form and activities, which operate on the territory of the Republic of Belarus, as well as citizens -- subjects of entrepreneurial activities.

Article 2. Legislation on Certification Relations in the sphere of certification are stipulated by the present Law and other legislation acts of the R, issued according to it.

Article 3. Notions Applied in the Present Law Certification of products - activities of respective bodies and managing subjects to approve the compliance of the products to the requirements set forth by normative acts and definite standards or other normative documents on standardization. Products - results of activities or processes. Service - result of direct cooperation of the supplier and the consumer and internal activities of the supplier directed to satisfy the demands of the consumer. Compulsory certification - activities of the respective bodies and managing subjects to approve the compliance of the products to specifications that guarantee safety of life, health and property of citizens, as well as protection of environment, and other specifications established by the legislation of the Republic of Belarus. Voluntary certification - activities of the respective bodies and managing subjects to approve the compliance of products to specifications for which the legislation of the Republic of Belarus does not envisage compulsory certification. Compliance certificate - document issued according to the rules of the certification system to approve the compliance of the certified products to the requirements of the normative acts and definite standards or other normative documents on certification. Compliance mark - the mark registered in the established order to approve according to the rules of the certification system the compliance of the products marked by it to the requirements of normative acts and definite standards or other normative acts on standardization. Certification system - system that has its own rules of procedures and management for executing the certification of products. The National certification system of the Republic of Belarus - certification system set by the Republican standardization, metrology and certification body and enacted on the territory of the Republic. Body on certification - a body to execute certification of products within the National certification system of the Republic of Belarus. The Republican standardization, metrology and certification body - the body of state management to execute the united state policy in the sphere of standardization, metrology and certification authorized by the President of the Republic of Belarus in accordance with the Statute of this body approved by the Cabinet of Ministers of the Republic of Belarus. Accredited testing laboratory - a testing laboratory that received an official permit to run definite tests with the aim of certification.

Article 4. Aims of Certification Certification of products is executed with the following aims: - provision of safety of products to life, health and property of the population and of environment protection; - approval of compliance of the quality specifications claimed by the manufacturer (seller) to definite normative acts and documents on standardization; - provision of conditions for the manufacturers (sellers) of the products to participate in the international trade and increase of competitiveness of products; - protection of the Republican market from low quality and dangerous products which arrive as import.

Article 5. Certification Systems In the Republic of Belarus the National certification system established by the Republican body on standardization, metrology and certification has been enacted, and product certification systems created by other legal entities for those specifications, for which compulsory certification is not envisaged by the legislation of the Republic of Belarus. The National certification system envisages both compulsory and voluntary certifications; certification systems may be created for certain types of products or for certain specifications. Product certification systems must have their compliance marks. Certification systems and compliance marks subject to registration in the order set forth by the Republican body on standardization, metrology and certification.

Chapter II. Compulsory Certification

Article 6. Compulsory Certification The voluntary certification is executed in cases stipulated by the legislation of the Republic of Belarus. The products for which in normative acts and definite standards or other normative documents on standardization the requirements for safety, health and property of citizens are established, as well as for environment protection, subject to compulsory certification exclusively in the National certification system of the Republic of Belarus. The nomenclature of products subject to compulsory certification and the terms of introducing certification are determined by the order stipulated by the Cabinet of Ministers of the Republic of Belarus. Sale on the territory of the Republic of Belarus and import of the products subject to compulsory certification into the Republic without a certificate and (or) a compliance mark which approve the compliance of the products to the requirements identified are forbidden. Organization and execution of jobs concerning compulsory certification are imposed on the Republican body on standardization, metrology and certification, and in cases envisaged by the legislation of the Republic of Belarus in relation to certain product types or certain specifications may be imposed onto other bodies of state management of the Republic.

Article 7. Participants of the Compulsory Certification The participants of the compulsory certification are the Republican body on standardization, metrology and certification, other bodies on certification, accredited testing laboratories, manufacturers (sellers) of the products.

Article 8. Duties of the Certification Bodies and Accredited Laboratories Certification bodies: - execute the jobs on certification; - provide upon the applicant's request the necessary information within their competence. The accredited testing laboratory (center) executes testing of definite products or definite types of testing and issues protocols of testing for the aims of certification.

Article 9. Duties of Product Manufacturers (Sellers) The manufacturers (sellers) of the products subject to compulsory certification on the territory of the Republic of Belarus are obliged to: - execute the jobs on product certification in accordance with the present Law; - sell products only with the certificate issued or acknowledged by the body authorized for that purpose; - ensure the compliance of the products sold to the requirements of the normative acts and definite standards or to other normative documents on standardization according which they were certified, and marking thereof in the established order with the compliance mark; - provide in the accompanying documents data on certification, normative acts and normative documents on standardization to which the products should comply, provide this data to the consumer (buyer, client); - suspend or stop the sale of the products in case they do not comply to the requirements of the normative acts and normative documents on standardization for which they have been certified, as well as after expiration of the certificate or In case the validity of the certificate was suspended or canceled by the decision of the certification body; - assist the officials of the Republican body on standardization, metrology and certification, of other certification bodies in executing the jobs of compulsory and control over the products certified; - inform in the established order the certification bodies about changes made in the technical documentation or technology process manufacturing the certified products.

Article 10. Conditions of Importing Products The products subject to compulsory certification in accordance with the legislation of the Republic of Belarus during importing into the Republic must be accompanied with a certificate and (or) compliance mark, acknowledged or issued by the product certification bodies. The contracts (agreements) concluded for shipment of products subject to compulsory certification of the Republic of Belarus must envisage the presence of the certificate and (or) the compliance mark which approve their compliance to the requirements of safety to life, health and property of citizens, as well of environment protection established in the Republic of Belarus. Certificates or documents on their acknowledgment are submitted to the customs bodies of the Republic of Belarus together with the freight customs declaration and are compulsory documents to acquire permission for importing products to the territory of the Republic of Belarus. The order of importing to the territory of the Republic of Belarus of products subject to compulsory certification is established by the state managing bodies responsible for customs control and certification.

Article 11. Control Over Performance of Rules of Compulsory Certification and Over Certified Products Control over performance by bodies on certification and by accredited test laboratories of the rules of compulsory certification is executed by the officials of the Republican body on standardization, metrology and certification. Control over certified products is executed by the officials of the Republican body on standardization, metrology and certification, as well as of the bodies on certification. Control over performance by manufacturers (sellers) of products of the requirements of the legislation of the Republic of Belarus on compulsory certification of products is executed by the Republican body on standardization, metrology and certification and other bodies of state management and public organizations within their competence. Bodies which execute control over performance of certification rules and over certified products in accordance with parts second and third of this Article have the right to submit proposals into the Republican body on standardization, metrology and certification on suspension or ban of the activities in the field of certification and sale of certified products. The Republican body on standardization, metrology and certification has the right to suspend or ban the activities in the field of certification in case of violating the rules of National system of certification of the Republic of Belarus and sale of certified products which do not correspond to requirements of normative acts and definite standards or other normative documents on standardization by which they were certified. Official persons of the Republican body on standardization, metrology and certification, bodies on certification of products and other bodies of state management which execute control over the products certified and over performance of the requirements of the legislation of the Republic of Belarus on compulsory certification have the right to freely attend enterprises and institutions with the account of their working hours.

Article 12. Financing of Works on Certification and State Control Over Certified Products The expenses to pay the labour of the workers who execute the state control over the products subject to compulsory certification, are covered from the funds of the Republican budget. The expenses caused by participation in the work of international (regional) organizations on certification are regulated by normative acts in power in the Republic. Payment of works on certification of products are made by the manufacturer (seller). The sum of assets spent for compulsory certification of products is ascribed to their prime cost.

Chapter III. Voluntary Certification

Article 13. Voluntary Certification The voluntary certification is performed both in the National system of certification and other systems of c, created by legal entities who registered their certification systems and compliance marks at the Republican body on standardization, metrology and certification. Products that passed voluntary certification are marked with the compliance mark of the system where they have been certified. Control over the products certified in the National system of certification of the Republic of Belarus is executed by the Republican body on standardization, metrology and certification and bodies on certification of products. Control over the products certified in the voluntary certification system is executed by the respective body on certification of products. Chapter IV. Concluding Provisions

Article 14. Rights of Manufacturer (Seller) at Compulsory and Voluntary Certifications The manufacturer (seller) has the right to appeal against the decision of the Republican body on standardization, metrology and certification in accordance with the legislation of the Republic of Belarus.

Article 15. Responsibility for Violating the Legislation on Certification The managing bodies, manufacturers (sellers) of products and officials bear responsibility for violating the legislation on certification in accordance with the legislation.

Article 16. International Treaties If international treaties in which the Republic of Belarus is a participant establish other rules than those envisaged by legislation of the Republic of Belarus on certification of products, the rules of international treaties are applied.

Article 17. On the Order of Enactment of the Present Law To enact the Law of the Republic of Belarus "On Certification of Products, Works and Services" since the moment of publication. Until the legislation of the Republic of Belarus is brought into compliance with the present Law, the acts of the legislation in power are applied in that part where they do not contradict to the present Law. The Cabinet of Ministers of the Republic of Belarus shall within 2 months' period shall bring the decisions of the Government of the Republic of Belarus into compliance with the present Law.

President of the Republic of Belarus
A. Lukashenko

The Law is considered signed in accordance with p. 20 Article 20 of the Constitution of the Republic of Belarus

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