LAW OF THE REPUBLIC OF BELARUS
September 5, 1995, N 3848-XII
ON ENSURING THE UNIFORMITY OF MEASUREMENTS
The present Law establishes the basics of the legislative metrology and is directed to ensure the uniformity of measurements, to protect juridically legal entities and individuals from the results of inaccurate and wrong measurements, as well as to regulate the relations of the state managing bodies of the Republic of Belarus with the managing subjects in the matters of manufacture, usage, repair, sale, import and lease of the measuring means. The use of the present Law is intended to ensure the development of scientific and technical knowledge and economic progress on the basis of uniformity of units of measurement and national standards of measurements, to master measuring methods and means and to increase the precision thereof, to use the measurement results of guaranteed precision, expressed in legal units of measurements.

Chapter I.

General Provisions Article 1. The present Law uses the following main notions: - uniformity of measurements - method of making measurements in which case the results thereof are expressed in the units of measurements set forth by the legislation, and with accuracy of measurements known to the preset probability; - legislative metrology - section of metrology comprising complexes of mutually connected and mutually related general rules, requirements and norms, as well as other questions which need regulation and control by the state, directed at ensuring of uniformity of measurements and similarity of measuring means; - means of measuring - technical device intended to make measurements; - standard of a uniformity of measurements - a measuring means intended to determine, renovate and (or) store a unit of measurement with the aim to transfer its value to other measuring means; - national standard of a unit of measurement - a standard approved by a decision of an authorized state body to be the basis for establishing the values of all other standards of the unit of the given measurement; - verification of measuring means - a combination of operations performed by the bodies of state metrology service and managing subjects with the aim to identify and approve the compliance of the measuring means to the established requirements; - calibration of measuring means - a combination of operations performed with the aim to determine real values of metrology specifications; - metrology certification of measuring means - investigation of measuring means, performed by the bodies of state metrology service or managing subjects to establish the metrology features of these means and to issue a document containing the specifications obtained; - methodology of making measurements - an established combination of rules and procedures of measurements, fulfillment of which ensures receipt of results with admissible errors; - accreditation of laboratories (centers) - official acknowledgment of the fact that a laboratory (center) of the managing subject is entitled to execute verification or calibration of certain types or kinds of measuring means or definite tests (measurements); - state metrology supervision - activities of the state metrology service bodies to control the established metrology rules and norms; - managing subjects - legal entities (irrespective of type of production, kind of activity, property form and ministerial belonging), as well as entrepreneurs without forming a legal entity, who perform their economic activities on the territory of the Republic of Belarus; - metrology control - activities of the managing subjects to check the observance of the established metrology rules and norms; - metrology service - combination of managing subjects and types of works directed at ensuring of the uniformity of measurements.

Article 2. State Management to Ensure Uniformity of Measurements The state management with the aim to ensure the uniformity of measurements in the Republic of Belarus is executed by the Republican body on standardization, metrology and certification. Chapter II. Units of Measurements

Article 3. System of Units of Measurements In measurements the units of measurements of the International system of units of measurements, adopted by the General Conference on Measurements and Weights and recommended by the International Organization of Legislative Metrology, is applied. The names of the units of measurements, and their multiples and subdivided units allowed for usage, definitions and writing rules of numeral values of the units of measurements are established by the Cabinet of Ministers of the Republic of Belarus.

Article 4. Out of System Units of Measurements Alongside with the units of measurements indicated in Article 3 of the present Law usage of units of measurements allowed by the Cabinet of Ministers of the Republic of Belarus and not included into the International system of units is accepted. For out of the system units of measurements the interrelations with the unit of the International system of units should be indicated. Besides the units of measurements indicated in Article 3 in foreign trade other units of measurements according the contract (agreement) may be used. Chapter III. Measuring Means

Article 5. General Requirements Measuring means in operation are used to determine the values of units, their relations or functions, they should indicate the results of measurements expressed in the units of measurements stated by the present Law, as well as comply with the operation conditions and with necessary accuracy. Article 6. Standards of Units of Measurements The units of measurements are renewed and preserved by means of national standards of units of measurements, which serve to transfer their dimensions to the measuring means. The rules to approve, store and use the standards of units of measurements in the Republic of Belarus are established by the Republican body on standardization, metrology and certification.

Article 7. Measuring Means Subject to Compulsory Verification Subject to compulsory verification are measuring means used in trade, health protection, ensuring of state defense and security, industry, construction, agriculture, hydro-meteorology, communications, communal economy, transport and other spheres in the process of: - performance of trade and commercial, customs, mail and taxation operations; - diagnosing and treating diseases of a person; - control over the medicines; - monitoring the environment; - storage, transportation and abolition of toxic, flammable, explosive and radioactive substances; - control over labour safety and conditions; - determination of safety and quality of the products manufactured and compliance of their real specifications to the preset ones; - control over all types of raw materials and food products; - testing, verification and metrology certification of the measuring means. The list of measuring means subject to compulsory verification in the bodies of state metrology service is determined by the Republican body on standardization, metrology and certification. Chapter IV. Ensuring the Uniformity of Measurements

Article 8. Ensuring the Uniformity of Measurements The execution of the present Law in ensuring the uniformity of measurements in imposed on the Republican body on standardization, metrology and certification and other bodies of state management within the range of their competence, as well as on managing subjects. The Republican body on standardization, metrology and certification organizes control over execution of the present Law and other legislation acts in the field of ensuring the uniformity of measurements. The managing subjects organize the execution of works to ensure the uniformity of measurements.

Article 9. Functions of the Managing Subjects in Ensuring the Uniformity of Measurements The managing subjects shall perform the following functions in ensuring the uniformity of measurements: - design of documents of the system to ensure the uniformity of measurements and organization of works to perform them; - metrology expertise of drafts of normative, project, design and technology documentation; - metrology certification of the methodologies of making measurements and tests; - metrology certification of measuring means; - submitting for metrology certification and verification of standards and measuring means; - verification of measuring means; - organization and execution of repair of measuring means; - control over observance of metrology rules and methodologies of making measurements, state, usage, manufacture and repair of measuring means. Chapter V. Metrology Supervision and Metrology Control over Measuring Means

Article 10. State Metrology Supervision and Control over Measuring Means The measuring means used in the spheres of activity and for the purposes indicated in Article 7 of the present Law are subject for state metrology supervision and metrology control. The measuring means used in the spheres of activity not indicated in Article 7 of the present Law are subject to metrology control, rules and order of which are set by the managing subject. Only those measuring means that passed metrology supervision or metrology control shall be used.

Article 11. Types of State Metrology Supervision and Control over Measuring Means The following types of state metrology supervision and control over measuring means are established: - state tests of measuring means; - approval of the type of measuring means; - metrology certification of ms,; - verification of measuring means; - check of state and use of the methodologies of making measurements and measuring means. Rules of performing the above types of supervision, as well as the order to perform such are determined by the Republican body on standardization, metrology and certification. The following types of metrology control are established: - testing of measuring means; - metrology certification of measuring means; - verification of measuring means; - calibration of measuring means; - check of state and use of methodologies to make measurements and measuring means. Check of the state and use of the methodologies and measuring means is also executed by state control bodies within their competence.

Article 12. Sphere of Application of State Metrology Supervision and Metrology Control State metrology supervision and control executed with the aim to check the observance of metrology rules and norms are applied to: - protection of health and environment, veterinary, labour safety; - trade operations and mutual settlements between customer and seller, including operations using playing machines and appliances; - state accounting operations; - ensuring of protection of the state; - geodesy and hydrometeorology works; - banking, taxation, customs and mail operations; - production of goods, shipped on contracts for state needs in accordance with the legislation of the Republic of Belarus; - testing and control of the product quality with the aims to determine the compliance to compulsory requirements of the standards of the Republic of Belarus; - compulsory certification of products, works and services; - measurements performed on the request of the court bodies, procurator, arbitration court, state managing bodies of the Republic of Belarus; - registration of national and international sports records.

Article 13. Bodies to Perform State Metrology Supervision The bodies to execute state metrology supervision over ensuring the uniformity of measurements are the Republican body on standardization, metrology and certification and the bodies in its subordination, as well as other bodies of state management within their competence. The order how to execute the state metrology supervision is determined by the Cabinet of Ministers of the Republic of Belarus. The officials of the Republican body on standardization, metrology and certification and bodies in its subordination who execute the duties to perform the state metrology supervision are state inspectors for supervision over standards and measuring means, their status is determined by the Law of the Republic of Belarus "On Basics of Service in the State Machinery". The manager of the Republican body on standardization, metrology and certification is at the same time the Chief State Inspector of the Republic of Belarus for supervision over standards and measuring means, and his deputies, responsible for execution of the state metrology supervision, - the deputies of the Chief State Inspector of the Republic of Belarus over standards and measuring means.

Article 14. State Metrology Supervision and Metrology Control over Measurements Measurements the results of which are used for estimation of natural resources, concentrations of harmful and dangerous substances in products and environment, conditions of labour safety, safety of products, in performing commercial settlements, diagnostic of diseases and treatment or people, diagnostic of technical state of most dangerous objects and transport means, in registration of international and national sports records, in performance of commercial operations to sell a certain amount of products, including packaged ones, are subject to state metrology supervision and metrology control and shall be performed by metrologically certified and approved methodologies.

Article 15. Presentation of Measuring Means for State Metrology Supervision and Metrology Control The managing subjects who are using in their economic activities the measuring means according to Article 7 of the present Law shall submit these means for state metrology supervision and metrology control. The managing subjects who manufacture, import, verify, repair, lease or sale measuring means, for which requirements are set forth in Article 7, shall submit these means for state metrology supervision.

Article 16. Approval of Types of Measuring Means The measuring means are subject to state tests with the approval of their type. Onto a measuring means the type of which has been approved, and on its operation documentation the manufacturer must apply the mark of the State Register of measuring means. The state tests of the measuring means are performed in the order established by the Republican body on standardization, metrology and certification. Release into turnover (sale) of measuring means which have not passed state tests or metrology certification is banned.

Article 17. Verification Marks (Stamps) Onto a measuring means that has passed verification (me. certification) with positive results, a mark of the verification stamp is applied and a certificate of the established form is issued or a notice is made in another document (passport or logbook) about the possibility to use this measuring means to its destination. The stamp may be applied only by a person having a qualification of a verifier and certified in the order established by the Republican body on standardization, metrology and certification. The form of the verification stamp is established by the Republican body on standardization, metrology and certification.

Article 18. Manufacture, Repair, Verification, Calibration, Sale and Leasing Measuring Means The manufacture, repair, verification, calibration, sale and leasing of measuring means by managing subjects are executed with the respective permit issued by the Republican body on standardization, metrology and certification.

Article 19. Accreditation and Registration Accreditation of laboratories (centers) for the right for verification or calibration and registration of managing subjects for the right to manufacture, repair, sale or lease measuring means are performed in the order established by the Republican body on standardization, metrology and certification. In case of violation by laboratories (centers) and managing subjects of the present Law or other legislation acts on metrology, accreditation or registration are annulled by the body that performed accreditation or registration in the order established by the Republican body on standardization, metrology and certification.

Article 20. Rights of State Inspectors on Supervision over Standards and Measuring Means State inspector on supervision over standards and measuring means with the aim to execute the duties imposed on him has the rights: - to visit freely the managing subjects irrespective of the property forms, which use, may use or store the means, intended to perform measurements according to Article 7 of the present Law, as well as the managing subjects which perform manufacture, repair, verification, sale and lease of the measuring means; - to check the compliance of the units of measurements applied to the units of measurements admitted for usage; - to check the state and conditions of usage of measuring means; - to check the observance of metrology rules and norms by the managing subjects which execute manufacture, repair, verification, lease of measuring means or sale thereof; - to check the correct making measurements in relation to which compulsory requirements are established in accordance with Article 14 of the present Law; - to select in the established order samples of products, including measuring means, in order to check the results of measurements; - to take part in state tests, metrology certification or verification of measuring means; - to attract upon agreement with managing subjects technical means and experts to execute checks; - to issue orders to ban usage or production of measuring means which have not passed state tests and approval of the type, verification or metrology certification; - to cancel stamps and annul verification certificates if the measuring means are inoperative, not verified in due time or error in readings exceeds the permitted limits; - to issue orders to withdraw from operation measuring means unfit for use, to remove violations of metrology rules and norms, to revise the inter-verification intervals; - to make selections of packaged products (goods) in packages of any kind in order to perform supervision; - to compile check acts; - to impose in the order established by the legislation administrative penalties on the official persons and citizens for violating the legislation on ensuring of uniformity of measurements. The Chief State Inspector on supervision over standards and measuring means and his deputies in addition to the rights stipulated by the first part of this Article have the rights: - to issue orders to ban production, repair, verification, lease of measuring means or sale thereof; - to issue orders to ban the works in relation to which compulsory requirements on measurements have been established and which are executed with violations of these requirements.

Article 21. Responsibility of State Inspectors on Supervising Standards and Means of Measurement State inspectors in executing state metrology supervision must strictly follow the requirements of normative acts on ensuring the uniformity of measurements. For non-execution or bad execution of their service duties state inspectors bear responsibility in accordance with the legislation of the Republic of Belarus. Appealing against the actions of state inspectors on supervision over standards and measuring means is made in the order established by legislation. Chapter VI. Responsibility for Violating the Present Law

Article 22. Responsibility for Violating the Present Law The managing subjects, official persons and individuals bear criminal, administrative or civil and legal responsibility for violating the present Law in accordance with the legislation of the Republic of Belarus in power. Chapter VII. Financing of the Works to Ensure the Uniformity of Measurements

Article 23. State Financing Financing from the funds of state budget is assigned to design, purchase, updating, storage and usage of standards of units of measurements and auxiliary appliances, necessary to execute the functions of state metrology service, as well as works of state metrology supervision.

Article 24. Payment for Metrology Works and Services Verification, repair and other works to ensure the uniformity of measurements are subject to payment by the tariffs approved in the established order. For the works on which the tariffs have not been established the organization-performer on agreement with the customer has the right to establish free (agreed) prices. The customer shall compensate to the performer of the metrology works (services) the expenses connected with business trips of the employees, transportation of standards and means of verification to the place of performing works on testing, verification or certification of measuring means, with the storage of verified measuring means above the established terms, performance of operations to prepare the measuring means to work or testing envisaged by the operation documents. Chapter VIII. Concluding Provisions

Article 25. Metrology Ensuring of Scientific and Technical Programs The Republican scientific and technical programs shall have sections on metrology provisions.

Article 26. On the Order of Enactment of the Present Law To enact the Law of the Republic of Belarus "On Ensuring the Uniformity of Measurements" 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

HOME ll CATALOG ll HISTORY ll CATEGORY ll INVEST ll CATEGORY l

 

Please visit our sponsors.
Click Here to Visit our Sponsor

Webmasters, need money? Click here!
Click Here to become a ValueClick Member Site