This Law, comprising 27 articles, aims to determine and define (i) procedures for adopting technical regulations and evaluating the conformity of products or services to these Regulations; (ii) obligations and duties of the professional who places products or provides services in the Lebanese markets. Chapter 2 sets out the general conditions for placing products on the market or providing services in Lebanon. It requires that all goods and services comply with applicable legal and technical standards, undergo required conformity assessments, display the relevant conformity marks where applicable, and not pose risks to national security, public health, animals, plants, property, or the environment. The Law grants competent authorities emergency powers to restrict or prohibit products or services that present serious risks, even if they otherwise meet standard regulatory conditions. Chapter 3 regulates the preparation, adoption, and enforcement of Technical Regulations. They must address essential requirements related to public safety, national security, health, and environmental protection without creating unnecessary trade barriers. Emergency measures may be issued immediately by the competent authority. Article 10 further authorizes authorities to restrict, withdraw, or destroy products or services that pose risks to public safety or national security. Chapter 4 establishes the responsibilities of manufacturers, authorized representatives, importers, and distributors to ensure that products and services placed on the Lebanese market comply with applicable technical regulations. These professionals must verify conformity, maintain technical and transaction records, provide required labeling and documentation, cooperate with market surveillance authorities, and take corrective actions, including withdrawal or recall of non-compliant products. Importers and distributors assume the corresponding obligations when marketing products under their own name or making substantial modifications to them. Chapter 5 regulates conformity assessment procedures, technical documentation, declarations of conformity, and conformity markings. Manufacturers or service providers issuing declarations of conformity are fully responsible for ensuring compliance with applicable requirements. Technical documentation must demonstrate conformity and may be subject to content and translation requirements. The conformity mark, established by decree of the Council of Ministers, may only be applied to products that have successfully undergone the required conformity assessment. Foreign conformity certificates and markings may be recognized in Lebanon under applicable international agreements or by decree when they provide equivalent guarantees of compliance. Chapter 6 strengthens the enforcement and penalty framework by amending Articles 108 and 112 of Law No. 659 of 2005. It introduces prison sentences and significant fines for selling or promoting non-compliant products, misusing conformity marks, or manufacturing goods that violate technical regulations. Penalties are increased when offenses involve intentional fraud, tampering, or falsified conformity information. It also establishes separate fines for failing to keep required technical and transaction records for the mandatory 10-year retention period.
Lebanon · 2012-10-22