Industrial safety requirements for equipment imported from outside the EAEU

In the context of market globalization, industrial products, including equipment and articles subject to the Law of the Republic of Belarus on Industrial Safety (supervised by Gospromnadzor), are actively imported into the Eurasian Economic Union (EAEU) member states, including Belarus. However, the import of such equipment from non-EAEU countries requires strict compliance with industrial safety regulations. This is not merely a legal formality but a guarantee of protection for human life, the environment, and the sustainable operation of enterprises. What documents establish requirements for acquired equipment? How can risks be avoided? Let's delve into the details.

Technical regulations in force in the Republic of Belarus concerning objects supervised by Gospromnadzor:

"On the safety of pyrotechnic articles" (TR EAEU 006/2011) dated February 15, 2012;

"On the safety of machinery and equipment" (TR EAEU 010/2011), "Safety of elevators" (TR EAEU 011/2011), "On the safety of equipment for use in explosive atmospheres" (TR EAEU 012/2011), "On the safety of appliances operating on gaseous fuel" (TR EAEU 016/2011) dated February 15, 2013;

"On the safety of equipment operating under excessive pressure" (TR EAEU 032/2013) dated February 1, 2014;

"On the safety of explosives and explosive articles" (TR EAEU 028/2012) dated July 1, 2014;

"On the safety of amusement rides" (TR EAEU 038/2016) dated April 18, 2018;

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

Within the framework of the Customs Union's technical regulations (Eurasian Customs Union), the confirmation of equipment safety 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. It is the body that bears responsibility for the accuracy of the tests conducted and the correctness of the document issuance. Certification is mandatory for equipment of the highest hazard categories.

A declaration of conformity is a document that an importer or manufacturer issues independently based on their own evidence (own test reports or reports 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 refusal during administrative procedures carried out with respect to business entities, it is necessary to take a number of simple steps in advance:

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

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

- ensure that the laboratory that performed the tests has valid accreditation for conducting tests to confirm compliance with the requirements of the TR CU.

As practice shows, repeated appeals to suppliers of equipment manufactured outside the EAEU often do not yield the expected results, and documentation is provided incompletely.

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

With foreign companies, you are left alone with problems, but with Belarusian companies, you are protected by law.