Belarus: Adopted procedure for handling unsafe products

As of 27 January 2021, importers, sellers and manufacturers of unsafe products are required to follow the adopted procedure regulating management and handling of such products.

Products can be declared unsafe by the competent authorities based on test results or following a visual inspection of the products.

If a product is classified as unsafe, the competent authority is to issue a direction to the seller, manufacturer and/or importer to that effect.

The importer, manufacturer or seller that has received such a direction, must, within 10 working days, determine whether the products can be brought into compliance with the applicable safety requirements set out in Technical Regulations and to inform the competent authority about this, in writing. The period within which it must be possible to bring the products back to compliance must not exceed 2 months.

The importer, manufacturer or seller is obliged to confirm the result of bringing the products to compliance with the requirements of technical regulations by performing conformity assessment of the products with the involvement of accredited bodies and testing centres (laboratories) of the Republic of Belarus and to inform the competent authority about this no later than three working days after compliance has been confirmed. If there are no relevant accredited bodies and/or testing houses in the Republic of Belarus, the importer, manufacturer or seller has the right to use accredited bodies and (or) test centres (laboratories) of other member states of the Eurasian Economic Union.

If the importer, manufacturer or seller determines that it is not possible to bring the products to compliance within the set period, such products must be recalled (returned) and disposed of.

Law: Decree No. 43 of 27 January 2021 on the Recall, Return, Removal and Utilisation (Disposal) for Unsafe Products in Belarus