Disposition D.N.C.I. Nº 33/04

FAIR TRAIDING
The start of the third stage of implementation of Resolution No. 92/98 of the former Ministry of Industry, Commerce and Mining for the products covered by the certification requirements established by Resolution
No. 76/2002 of the former Ministry of Competition, Deregulation and Consumer Protection, and suspéndese until 31 December 2004 the validity of the rule in the first mentioned for all materials and electrical and electronic equipment designed to used with a certain voltage or nominal operating current.
Bs. As., 24.03.2004
SEEN File No. S01: 0253467/2003 Registry of the MINISTRY OF ECONOMY AND PRODUCTION, and
CONSIDERING:
That Resolution No. 92, dated February 16, 1998 of the ex- Secretariat of Industry, Trade and Mining of the ex – MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES establishes for its third phase of implementation, the obligation to submit to Products made at a certification mark of conformity of compliance with essential requirements of electrical safety it determines.
That Resolution No. 76 dated December 20, 2002 of the ex- SECRETARY OF COMPETITION, deregulation and consumer protection ex – Ministry of Production, determines the products covered by the obligation to submit to the Directorate National Domestic Trade, documentation attesting compliance with those requirements.
That by Provision No. 507 dated July 25, 2000 of the National Directorate of Internal Trade under the Ministry OF COMPETITION AND CONSUMER expression of ex- MINISTRY OF ECONOMY, have set start dates stage mentioned above.
The April 1, 2001 took place the beginning of the requirement for product certification system conformity mark for products included in Article 1 of the provision.
That the enforcement of this requirement for the remaining electrical products has been delayed by the Provision No. 2 dated August 9, 2002, ratified by Order No. 32 dated August 21, 2002, both of the National Directorate of Internal Trade, under the former Ministry of Competition, deregulation and consumer protection.
That timely, the start of the requirement for product certification system conformity mark for products made by the certification requirement established by Resolution No. 76/02 of the ex- SECRETARY OF COMPETITION, deregulation and consumer protection, and included in Article 2 of the Regulation No. 507/00 of the National Directorate of Internal Trade, was postponed by its similar No. 799 dated July 31, 2003, until 1 December 2003.
That income in that stage is, for those responsible for introducing the products on the market, demonstrate the implementation of a quality system in manufacturing, according to the demands of international standards, the evaluation will be undertaken by the recognized Certification Bodies .
Product certification by conformity marking system makes demands on controls, records and documents associated with the production process, they are not required for type certification.
It is necessary to address the difficulties experienced by small and medium producers of electrical equipment, including national, to adapt its organization in the form and terms that the regulation requires.
Aware that such difficulties have been extended in time, to have their origin in the productive structure of any of the manufacturers of electrical products sub-sectors that having been able to meet the second stage of implementation of Resolution No. 92/98 of the former Department of Industry, Trade and Mining, found, for the fulfillment of the conditions set for the third phase of implementation of that resolution, with the aforementioned difficulties.
The National Directorate of Internal Trade, attached to the Technical Coordination of the MINISTRY OF ECONOMY AND PRODUCTION, given the difficulties of implementing the product certification system conformity marking observed in the development of various certification schemes Product Safety established under the Laws No. 22,802 and No. 24,240, has undertaken the study of them and proposed by the International Organization for Standardization (ISO) in the Operating Principles and Practices Certification Systems, Recommended by Resolution No. 19 of January 1, 1992 the Common Market Group, in order to assess the feasibility of establishing optional use of other certification systems in the aforementioned regimes, the basic condition of compliance the minimum safety of the products involved in these processes mandatory certification.
That in view of the difficulties mentioned above, since the time required for the study undertaken by the National Directorate of Domestic Trade mentioned in the previous paragraph, it has exceeded the limit laid down in Article 1 of the Regulation No. 799/03 of the above address, it is desirable to extend the extension of the effective start of the third stage of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining for the products listed in Article 2 of the Arrangement N ° 507/00 of the National Directorate of Internal Trade.
That also for the reasons stated above and attentive to the starting date of implementation of the third stage of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining for the products mentioned in Articles 3 and 4 Layout N ° 507/00 of the National Directorate of Internal Trade, is convenient postponement of the start of implementation of the same.
On the other hand, by virtue of Article 4 of the Provision No. 2/02 of that address, ratified by its similar N ° 32/02, it was postponed until December 31, 2003 the beginning of the term of the Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining for all materials and electrical and electronic equipment designed for use with a voltage at fifty volts (50 V) or those whose nominal operating current exceeds SIXTY THREE AMPS (63 A).
The National Directorate of Internal Trade has undertaken the analysis regarding the scope to be the requirement for certification of compliance with the essential safety requirements provided for in Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining in respect of materials and electrical and electronic equipment designed for use with a less than fifty volts (50 V) voltage.
That that analysis also covers materials and electrical and electronic equipment with a rated operating current exceeds sixty-three amperes (63 A).
That having the deadline set out in Article 4 of the Provision No. 2/02 of the National Directorate of Internal Trade, ratified by its similar No. 32/02, it operated the start of validity of Resolution No. 92/98 the former Department of Industry, Trade and Mining for all materials and electrical and electronic equipment designed for use with a voltage at fifty volts (50 V) or those whose nominal operating current exceeds sixty-three AMPS (63 A), resulting therefore required to fulfill the first stage of implementation set out in Annex II of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining.
That in the time required to exhaust the analysis mentioned above, the number and variety of products that meet the specifications of the products under study, lack of international precedents in applying certification schemes for security requirements thereof, and the absence of applicable technical standards in many of them, is that it should be suspended until 31 December 2004 the validity of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining for all materials and electrical and electronic equipment designed for use with a voltage at fifty volts (50 V), or whose nominal operating current exceeds sixty-three amperes (63 A).
The Directorate General of Legal Affairs of the MINISTRY OF ECONOMY AND PRODUCTION has taken action within its jurisdiction.
That this is issued in exercise of the powers conferred by Articles 11 and 12 paragraph b) of Law No. 22,802, Decree No. 1283 of May 24, 2003 and No. 25 of May 27, 2003.
Thus,
The Secretary of Technical Coordination
RESOLVED:
Section 1 – Postérgase until December 31, 2004 the commencement of the term of the third stage of implementation of Resolution No. 92 dated February 16, 1998 from the former Department of Industry, Trade and Mining under the ex- MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, for products covered by the certification requirement established by Resolution No. 76 dated December 20, 2002 from the former Department of Competition, Deregulation and Consumer Protection of the former -MINISTRY production and referred to in Articles 2, 3 and 4 of the Regulation No. 507 dated 25 July 2000 of the National Directorate of Internal Trade, under the former SECRETARY OF COMPETITION AND CONSUMER the former Ministry of Economy.
Art. 2 – Suspend until 31 December 2004 the validity of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining for all materials and electrical and electronic equipment designed for use with a voltage below the fifty volts (50 V) or a nominal operating current exceeds sixty-three amperes (63 A).
Art. 3 – This resolution shall take effect from the date of its publication in the Official Gazette.
Art. 4 – Communicate, published, submitted to the National Official Registry and filed. – Leonardo Madcur.