Industrial safety requirements for equipment imported from outside the EAEU

In the context of market globalization, industrial products, including equipment and products subject to the Law on Industrial Safety of the Republic of Belarus (under the supervision of the State Industrial Safety Inspectorate), are actively imported into the countries of the Eurasian Economic Union (EAEU), including Belarus. However, the import of such equipment from non-EAEU countries requires strict compliance with industrial safety standards. This is not only a legal formality but also a guarantee of protecting human lives, the environment, and the sustainable operation of enterprises. What documents establish the requirements for the purchased equipment? How to avoid risks? Let's delve into the details.

The technical regulations in force on the territory of the Republic of Belarus concerning objects under the supervision of the State Industrial Safety Inspectorate:

 “On the Safety of Pyrotechnic Products” (TR TS 006/2011) dated February 15, 2012;

“On the Safety of Machinery and Equipment” (TR TS 010/2011), “Safety of Elevators” (TR TS 011/2011), “On the Safety of Equipment for Operation in Explosive Atmospheres” (TR TS 12/2011), “On the Safety of Appliances Operating on Gaseous Fuels” (TR TS 016/2011) dated February 15, 2013;

“On the Safety of Equipment Operating Under Excessive Pressure” (TR TS 032/2013) dated February 1, 2014;

“On the Safety of Explosive Substances and Products” (TR TS 028/2012) dated July 1, 2014;

“On the Safety of Amusement Rides” (TR EAEU 038/2016) dated April 18, 2018;

The technical regulations of the Customs Union (Eurasian Customs Union) establish uniform requirements for all EAEU countries, including Belarus.

Within the framework of the technical regulations of the Customs Union (Eurasian Customs Union), the confirmation of the safety of equipment is carried out in one of two forms: obtaining a certificate of conformity or issuing a declaration of conformity.

A certificate of conformity is a document issued by an accredited certification body. This body is responsible for the accuracy of the tests conducted and the correctness of the document issued. Certification is mandatory for equipment of the highest hazard categories.

A declaration of conformity is a document that the importer or manufacturer independently issues based on its own evidence materials (own test protocols or protocols obtained from an accredited laboratory).

Both the certificate and the declaration of conformity are subject to mandatory registration in the unified register of issued certificates of conformity and registered declarations of conformity. A declaration not entered into the register is considered invalid.

To avoid receiving a refusal when carrying out administrative procedures concerning business entities, it is necessary to perform a number of simple actions in advance:

- check the certificate or declaration of conformity for registration in the unified register of issued certificates of conformity;

- ensure that the information about the equipment (including name, manufacturer, etc.) fully matches the documentation;

- make sure that the laboratory that conducted the tests has a valid accreditation for conducting tests to confirm compliance with the requirements of TR TS.

As practice shows, repeated appeals to suppliers of equipment produced outside the EAEU often do not yield the expected results, as the documentation is not provided in full.

Choosing a domestic manufacturer becomes a profitable business decision. Here’s why: domestic manufacturers design equipment taking into account the requirements of TR TS (EAEU), logistics and customs risks are minimized, and there is an opportunity to recover damages through the national court (if the equipment turns out to be defective). A lawsuit against a foreign company will have to be filed in international arbitration. Even if you win, recovering compensation is difficult - the assets of suppliers may be out of reach, and there is developed technical support and service.

With foreign companies, you are left alone with the problems, while with Belarusian ones, you are protected by law.