Disposition D.N.C.I. Nº 906/99

Products covered by the certification requirement established by Resolution No. 92/98.
Exceptions.
Bs. As., 16/12/99
SEEN File No. 064-016305 / 99 Registry of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, and WHEREAS:
That Resolution of this Ministry No. 92 of February 16, 1998, established the mark of conformity certification of compliance with essential safety requirements it determines, as a condition for marketing in the country’s low-voltage electrical equipment.
In the intervening period from its entry into force they have been seen varying degrees of training in electrical safety users who hold different types of products covered by the measure.
That, at this stage, it is necessary to concentrate the resources of the system to ensure the highest degree of safety for products intended for inexperienced consumer electric field.
That, therefore, is necessary to establish different requirements as to the means to demonstrate conformity of products with the safety requirements established by the statute in question.
That no requirement to prove compliance prior to its entry into the market, should not absolve those responsible for the products covered, from the obligation to market them safely to their users.
The National Food Administration, Drug and Medical Technology, the Ministry of Health and ACCION SOClAL, verify, among other properties, the electrical safety of medical equipment that is manufactured or imported in the country.
It is necessary to establish specific guidelines for the certification of electrical products sold in used condition, repaired or reconditioned.
That, similarly, it is necessary to devise a different methodology to ensure the safety of products manufactured or imported in small series.
It is convenient to apply the requirements of this regime have an updated list of products made by them, including their tariff lines under the terms of MERCOSUR COMMON Nomenclature
The National Directorate of Domestic Trade, attached to the under secretary of commerce within this Secretariat is the ideal body to establish the relevant methodology according to the aforementioned guidelines and their implementation.
The Directorate-General under the MINISTRY OF ECONOMY Legal Affairs and Public Works and Services 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 and Decree No. 1183 of November 12, 1997.
Thus,
The Minister of Industry, Trade and Mining RESOLVED:
Article 1 – From the beginning of validity of this resolution and until December 31, 2002, the certification requirement established by Article 3 of Resolution No. 92/98 SlCy M. reach, with the exceptions noted in this Resolution, to the following products:
a) equipment and electrical and electronic equipment whose consumption is less than 5 kVA.
b) Materials for the execution of electrical installations with a rated current does not exceed 63 A.
c) Cables and conductors throughout its range.
d) Equipment power generation up to 5 kVA of nominal power.
e) Materials for grounding installations and electrical protection devices and telecommunication facilities against surges caused by natural phenomena. Exclude the certification requirement referred to, until that date, all materials and specifically designed for exclusive use in automobiles, ships, aircraft, rail and other transportation equipment.
Article 2 – Excluded from the provisions of the preceding article paragraph a), the following products:
a) medical devices and instruments for human health care, including dental and laboratory, parts and accessories, which must comply with regulations established by the National Administration of Drugs, Food and Medical Technology under the Ministry HEALTH AND SOCIAL ACTION, unless ambient lighting elements for clinical use, clinical beds and stretchers, dental chairs and similar equipment including electrical devices, which must be certified;
b) Equipment for production of goods in industrial processes requiring the operation of qualified personnel in electrical matters, except portable;
c) Equipment and devices for measurement, control and automation of industrial processes and operations;
d) Equipment for data processing covered by Article 7 of the SIC & M. Resolution No. 173, of March 15, 1999,
e) storage units, except those requiring external power supply;
f) Telecommunication equipment, auxiliary and associated apparatus, except for subscriber terminals of any kind;
g) Control Units and adaptation of telecommunications and signal conversion units;
h) Switching equipment for telephony or telegraphy except private telephone exchanges with a capacity exceeding 25 internal lines,
i) Professional equipment for radio-telephony and broadcasting,
j) Modems internal data transmission, or those external to the provision of public TV and radio services;
k) lamps of all kinds, exceeding the 1000 W power;
Article 3 – Excluded from the provisions of Article 1, paragraph b) of this, the following products:
a) Material specifically designed for installations of transmission and distribution of electricity by utilities, except electricity meters and electric cables and conductors generation.
b) Devices command, dialog, detection and protection designed for use in industrial machinery.
Article 4 – Those products covered by the exceptions of Article 2, except subsection a), and 3 of this resolution must be marketed backed by an Affidavit of Compliance with the essential safety requirements laid down by Annex I of SIC Resolution and M. No. 92/98, presented by their manufacturers or importers to the National Directorate of Domestic Trade under the Secretariat of Domestic Trade of the Secretariat. In the case of imported products, the declaration referred must be flared by a manufacturer’s declaration of compliance with safety requirements. In both cases the respective claims should be supported by test protocols and technical reports that account for the declared conformity, which must be held by manufacturers and importers available to the relevant authority, with a copy of that statement affidavit attesting submission. That the manufacturers and importers must provide information on compliance with the filing of the required documents, distributors, wholesalers and retailers who retain it to be exhibited at the request of consumers and enforcement authorities.
Article 5 – In accordance with the provisions of this Secretariat Resolutions No. 123, of March 3, 1999, and No. 431, of June 28, 1999, the tests corresponding to the system certification mark of conformity required by the This regime, as well as those required for the validation of existing certifications must be performed by laboratories recognized by the Ministry, through the National Directorate of Domestic Trade.
Article 6 – The lack of requirements for certification or declaration of conformity as required by this resolution, does not relieve the rest of the low voltage electrical equipment reached by the SIC and M. Resolution No. 92/98 of compliance with the essential requirements security detailed in Annex I.
Article 7 – is empowered to INTERIOR National Board of Trade to:
a) Identify and maintain updated the set of products covered by the requirements of certification and affidavit, including their respective tariff headings corresponding to the Nomenclature COMMON MERCOSUR, in full accordance with the provisions of this resolution;
b) Establish a model of certification for products covered by this scheme marketed in condition used, rebuilt or refurbished, on the basis of a type certification and verification of basic safety features for all units;
c) Establish a simplified model of certification evidence base and implementation of basic safety tests for annual batches of manufacture or importation of up to twenty (20) units, and
d) To establish the measures necessary for the interpretation, clarification and implementation of the provisions of this resolution.
Article 8 – Excluded from the provisions of Article 4 of Resolution No. 92/98 SIC & M. those goods that enter the country character of samples, with or without baggage, and temporary imports and transit.
Article 9 – Breaches of this Order shall be punished in accordance with the provisions of Law No. 22,802.
Article 10. This Resolution shall take effect from the date of its publication in the Official Gazette.
Article 11. – Communicate, published, submitted to the National Official Registry and filed. – Alieto A. Guadagni.