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.

Disposition D.N.C.I. Nº 899/99

SEEN Resolutions of the Ministry of Industry, Trade and Mining No. 92 of February 16, 1998, and No. 524, of August 20, 1998, and WHEREAS:
That the process of monitoring and controlling the implementation of Resolution No. 92/98 SIC & M. significant demand human and technical resources allocated to this National resources.
This agency is also implementing authority of other systems of compulsory certification of safety conditions of various consumer products.
It is necessary to give priority to the conditions under which the electric unsuitable products to consumers in the art market.
The reliability of the regime in place, after one year of application, makes it advisable to limit the cases in which the ease of clearance of imported goods without the right to use may be used.
That to give greater seriousness to such transaction is desirable to have the reliable information from the intervener recognized certifying body.
It is necessary to consider the situation of the products whose marketing is discontinued prior to entering the final stage of implementing the system mentioned.
That this is issued in exercise of the powers conferred by Article 10 of the SIC & M. Resolution No. 524/98.
Thus,
NATIONAL DIRECTOR OF COMMERCE HAS INTERIOR:
Article 1 .- extension, until August 18, 2000 the beginning of the term of the SIC & M. Resolution No. 92/98 for all materials and electrical and electronic equipment designed for use with a voltage less than the fifty (50 ) volts. The same treatment is given to those materials and electrical and electronic equipment designed to be used with a rated current exceeding sixty-three (63) amps.
From the date indicated responsible for manufacture or import must prove to the National Directorate of Domestic Trade compliance with the respective stage of applying the above Regulation in force on that date for products marketed.
Article 2 .- In cases where the Directorate General of Customs, under the Federal Administration of Public Revenues, check the failure to comply with the certification requirements established by Resolution No. 92/98 SIC & M., authorize the issuance of the respective goods without the right to use, this is operated under the terms of Law No. 22,802, for the purposes of their regularization by the importer.
For that to happen, the importer shall inform the National Directorate of Domestic Trade, in an affidavit, the amount and type of goods, country of origin, the address of the place where it will remain deposited until its regularization, and identifying the certifying entity and recognized laboratory involved.
The presentation mentioned must be added a note of the agency intervening recognized certification, which realize income from the respective application for certification and compliance by the responsible for the product of all the preliminary steps required for processing the same.
Within sixty (60) days of withdrawal the goods in the aforementioned conditions, the importer must have the required certification and shall accredit it before the National Directorate of Domestic Trade intervene body performing a copy thereof for presentation , by the importer to the Directorate General of Customs, allowing the marketing of the goods involved.
Article 3 .- Those products covered by Resolution 92/98 MN SIC & whose production or importation had been discontinued prior to the respective effective date of the third stage of its implementation, may continue to be marketed backed admitted type certification pursuant to its second stage, according to the provisions of Annex II, provided that their manufacturers or importers to report, in an affidavit, to the National last date of manufacture or import of each.
This authorization is extended for a period of one (1) year from the date any statement.
Article 4 .- This provision shall take effect from the date of its publication in the Official Gazette.
ARTICLE 5 .- communicated, published, submitted to the National Official Registry and filed.

Disposition D.N.C.I. Nº 799/99

Approval of the symbol that will be applied to the products covered by mandatory certification schemes, which must be exhibited by each of the units of the products obtained, the packaging or labels.
Bs. As., 10/29/99
SEEN File No. 064-011418 / 99 Registry of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, and WHEREAS:
That is a constant concern of the Secretariat ensure that products for mass use reach consumers and users under conditions of safety, its use may not lead to risks to their integrity or their property.
In this sense has established mandatory certification of safety requirements aimed at products such as, inter alia, electrical equipment of low voltage, toys, safety closures for containers of hazardous household products, cement and construction steel regimes gas appliances.
Which they are currently in similar schemes for other product lines, where security is a relevant characteristic study.
It is necessary that, as recipients of the above measures, consumers have an element that they can discern about the safety of products offered to them in deciding their purchases.
The conformity mark is a suitable resource standard and widespread use internationally.
That the General Directorate of Legal Affairs of the Ministry of Economy and Public Works and Services has taken action within its jurisdiction.
That this is issued in exercise of the powers conferred by Article 12 subsection b) of Law 22,802 and NI NI Decree November 83, de¡ November 12, 1997.
Thus,
The Minister of Industry, Trade and Mining RESOLVED:
Article 1 – To approve the Indicated symbol in ANNEX 1, one (1) road record is part of this resolution, for use in the products covered by mandatory certification schemes, of which the Secretariat’s enforcement authority, and who obtained the respective certificate of product conformity marking attesting compliance with the relevant safety requirements.
Article 2 – The sign mentioned in the previous article must be exhibited by each of the units of the products made on them, their packaging or labels, according to the particularities and timetables established by the respective speed.
The symbol must be displayed accompanied by the logo de¡ intervening recognized certification body or its identification number, and the number of the certificate to the product in question.
Article 3 – Violations of the provisions of this resolution shall be punished according to the provisions of Law No. 22,802.
Article 4 – This Resolution shall take effect from the date of its publication in the Official Gazette.
Article 5 – Communicate, published, submitted to the National Official Registry and shelved. – Alieto A. Guadagni.

APPENDIX 1

Resolution 92/98 SEICyM

SEEN File No. 060-001840 / 97 Registry of the MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, Laws Nos. 22,415 and 22,802 and Decree No. 1474 of August 23, 1994, and WHEREAS:
The need to ensure consumer safety in the use of low-voltage electrical equipment in normal or foreseeable conditions of use.
Which it is a function of the National State to determine the essential safety requirements to be met by low-voltage electrical equipment for marketing and create a mechanism to ensure compliance.
The system of certification by accredited institutions are a suitable mechanism for this purpose and adopted internationally.
That the Federal Government should ensure the adequacy of standards and certifications that are extended by respective agencies of recognized technical competence according to the state of the art in the field, within the National System of Standards, Quality and Certification.
That to achieve this goal of security is recognized international practice to refer to national standards such as those developed by the Argentine Standards Institute (IRAM) and international standards such as the International Electrotechnical Committee (IEC), as this methodology allows for adaptation and update to technical progress.
Must be allowed free movement only to the domestic trade of artifacts, appliances or materials that meet the essential requirements referred.
That being the minimum required these requirements from the point of view of safety of people, goods and pets, compliance with them must not exempt from regulations in force in other specific areas.
It is convenient identification by stamp of certified security products for consumer guidance.
The Permanent Legal Service of the Ministry of Economy and Public Works and Services has taken action within its jurisdiction according to Article 7, subsection d) of Law No. 19,549 and its amendments.
That this is issued in exercise of the powers conferred by Article 11 and Article 12 inc. b) Law No. 22,802, Article 22 of Decree 1474 of August 23, 1994 and Decree No. 1183 of November 12, 1997.
Thus,
THE SECRETARY OF INDUSTRY, TRADE AND MINING RESOLVED:
Article 1 .- may not be marketed in the country’s low-voltage electrical equipment that meets the essential safety requirements detailed in Annex I in two (2) forms that are part of this resolution, considering all marketing transfer even as part of a greater good.
Article 2 .- For the purposes of this resolution means low voltage electrical equipment to artifacts, appliances or materials for an electrical installation or part of it, having a nominal voltage of up to one thousand (1000) Volt AC or to effectively thousand five hundred (1500) Volt DC current.
Article 3 .- The manufacturers, importers, distributors, wholesalers and retailers of the products mentioned in the previous article shall make or require certification to certify compliance with the essential safety requirements referred to in Article 1 by a product safety certification granted by a certification body accredited by the Argentine Accreditation Body (OAA) in accordance with Decree No. 1474/94. This certification will be implemented following the procedure and time limits set out in Annex II in two (2) forms part of this resolution.
These requirements are considered fully insured if the safety requirements established in the applicable IEC or IRAM, relevant standards to electrical equipment considered are met.
Products certified according to the provisions above shall display an indelible stamp that allows unequivocally identify such circumstances.
ARTICLE 4 .- The Directorate General of Customs released the import for consumption of the electrical equipment referred to this resolution after verification of compliance with the requirements of Article 3 thereof. To this end the National Directorate of Domestic Trade provide the Directorate General of Customs necessary information.
ARTICLE 5. All matters that have to do with the safety of low voltage electrical equipment shall be governed by this resolution, all the resolutions being repealed listed in Annex III in two (2) forms part of the same , and those established procedures or requirements other than those provided for in this.
Also mentioned in Annex resolutions relating to low-voltage electrical equipment that remain valid are included.
ARTICLE 6. The certification granted as established by this resolution does not exempt compliance with regulations in force in other areas over the same equipment.
Article 7. Violations of the provisions of this resolution shall be punished according to the provisions of Law No. 22,802.
Article 8. This Resolution shall be effective after six (6) months after its publication in the Official Gazette.
Article 9. communicated, published, submitted to the National Official Registry and filed.
RESOLUTION S.I.C. and M.N 92/98