Disposition D.N.C.I. Nº 197/04

Technical Coordination Secretariat
Fair Trade – CONSUMER PROTECTION
Resolution 197/2004
Provides that those responsible for the manufacture and import of products made by certain regimes must make certify compliance with the requirements of each of them, using Certification Systems recommended by Resolution No. 19/92 of the Common Market Group. Exceptions. Apruébanse symbols to products covered by Compulsory Certification Scheme. Sanctions. Effectiveness.
Bs. As., 29/12/2004
SEEN File No. S01: 0246901/2004 Registry of the MINISTRY OF ECONOMY AND PRODUCTION, and
CONSIDERING:
That Article 12, paragraph b) of Law No. 22,802 Fair Trading Act delegates to the ex- SECRETARY OF COMMERCE the former Ministry of Economy, current Secretary of Technical Coordination of the MINISTRY OF ECONOMY AND PRODUCTION establishing security requirements shall comply with the products or services that are not governed by other laws.
That Article 5 of the No. 24,240 Consumer Protection Act provides that the products must be delivered in a way that used in normal or foreseeable conditions of use, present no danger to the health or safety of consumers.
That, in addition, Article 6 of Law No. 24,240 on Consumer Law provides that the products of which may pose a risk to health or the physical safety of consumers, must be traded or reasonable observance of the established rules to ensure security thereof.
That Article 41 of Law No. 24,240 on Consumer Law states that the National Enforcement Authority is the Secretariat for Industry and Commerce ex- ex-MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, current Secretary of Technical Coordination of the Ministry of ECONOMY AND PRODUCTION.
That through Resolutions Nos. 92 dated February 16, 1998, 851 dated December 11, 1998, 404 dated June 16, 1999, 896 and 897 dated December 6, 1999, the former Department of Industry, Trade and Mining of ex- Ministry of Economy and Public Works and Services, and Resolutions Nos. 77 dated 22 June 2004 and 91 dated July 29, 2004, the Technical Coordination and the Ministry of Economy, regulations of Laws Nos PRODUCTION. 22,802 and 24,240, have been established Compulsory Certification schemes for various products.
Secretary of Technical Coordination of the Ministry of Economy and Production, as Enforcement Authority Compulsory Certification Schemes mentioned above, is able to assess the technical and legal requirements of such schemes.
In the same vein, the National Directorate of Domestic Trade Undersecretary of Defense CONSUMER, under the Technical Coordination of the MINISTRY OF ECONOMY AND PRODUCTION, given the difficulties of implementation of the Certification System for Conformity Mark observed in the development of various certification schemes Product Safety established under Laws Nos. 22,802 and 24,240, has undertaken the study of these systems and proposed by the International Organization for Standardization (International Organization for STANDARDIZATION- ISO) in the Operating Principles and Practices Certification, recommended by Resolution No. 19 of 25 June 1992 GROUP Common Market (MERCOSUR), in order to assess the feasibility of establishing optional use of other certification systems in the aforementioned arrangements, the basic condition of compliance with the minimum conditions of safety products involved in these processes Compulsory Certification, identification of certified products and the possibility of implementing the control and monitoring thereof.
That conclusion of the studies, the National Directorate of Domestic Trade Undersecretariat of consumer protection, under the Ministry of Technical Coordination MINISTRY OF ECONOMY AND PRODUCTION recommends to the Technical Coordination of the Ministry of Economy and Production, as general criteria for all certification schemes, set the choice of certification system used by the manufacturer or importer domiciled in the country, including Certification Systems Nos 4, 5 or 7, recommended by Resolution No. ° 19/92 GROUP COMMON MARKET (MERCOSUR), for the purposes of demonstrating compliance with the essential safety requirements.
That conclusion is based, among other things, on the good experience gained in implementing the certification scheme called Product Safety toys, established by Resolution No. 851/98 of the former Secretariat of Industry, Trade and Mining where the proposed election system is in force from the beginning of that regime.
The Type Certification System itself not only allows you to set any statement or claim on future production and therefore on the security of the respective products.
It is necessary to include additional evidence linking the product subject to initial type testing and subsequent production, so that the certification system referred to in the previous paragraph will ensure that the implementation under test conditions are maintained over time.
The System option No. 4, followed by type certification control (monitoring) consisting verification tests on the samples taken at the factory and trade, is only applicable to the extent that the characteristics of the product certified, allows the realization of such monitoring maintaining homogeneity and representativeness of the samples taken for this purpose.
That under the discussion in the preceding recital, the System option No. 4 is not advisable to apply for the certification scheme of the essential safety requirements of steel products used in concrete structures and metal structures construction, established by Resolution No. 404/99 of the former Secretariat of Industry, Trade and Mining of the former Ministry of Economy and Public Works and Services.
That products identified as Electrocomponentes installation materials and are made by the Certification System for Conformity Mark from 1 April 2001, in accordance with the timetable established in the Regulation No. 507 dated July 25, 2000, the National Directorate of Domestic Trade-dependent ex-SECRETARY OF COMPETITION AND CONSUMER the former Ministry of Economy.
The natural activities of the Certification Scheme by Mark of Conformity are functional characteristics presented mass production process and marketing of the products identified as installation materials and Electrocomponentes by Resolution No. 92/98 of the former SECRETARIAT INDUSTRY, TRADE AND MINING of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES.
These mass characteristics noted in the case of other certification systems adopted, would require establishing an overly complex and costly specific market surveillance system.
On the other hand, to satisfy the requirements of the Certification Mark of Conformity for the products mentioned, responsible for production and marketing must make the necessary investments to achieve that objective, as established at the time the Resolution No. 92 / 98 of the former Secretariat of Industry, Trade and Mining of the former Ministry of Economy and Public Works and Services.
The need to ensure the maintenance of the initial conditions for certification of products covered by the different regimes Mandatory certification, regardless of a monitoring system for each particular market regime has been established.
It is necessary that consumers, as recipients of the products covered by Compulsory Certification Scheme, have an element that they can discern about the compliance of these products with the prescribed by the above schemes.
In this regard, it is useful to identify those products with a distinctive symbol.
That timely, in order to achieve this, the Resolution No. 799 dated October 29, 1999, the ex-Department of Industry, Trade and Mining of the former Ministry of Economy and Public Works and Services was issued where approved symbol used to identify the products, made by one of the arrangements Compulsory Certification, are certified by the Conformity Mark System (No. 7 System ISO), certifying compliance with the relevant requirements of security.
Taking into account the establishment of the free choice of certification system used by the manufacturer or importer, including Nos Certification Systems. 4, 5 or 7, recommended by Resolution No. 19/92 GMC GROUP Common Market (MERCOSUR), for the purposes of demonstrating compliance with the essential safety requirements, it is necessary to adapt the identifying symbol adopted, so that allows to recognize the time of purchase and the time of the audit, that the product is certified, as well as the certification system chosen.
The Directorate General of Legal Affairs of the MINISTRY OF ECONOMY AND PRODUCTION has taken action within its jurisdiction.
That should make use of the powers conferred by Articles 11 and 12, subsection b) of Law No. 22,802, Article 43, paragraph a) of Law No. 24,240 and Decrees Nos. 1283 dated May 24, 2003, 25 dated May 27, 2003 and 1359 dated October 5, 2004.
Thus,
The Secretary of Technical Coordination
RESOLVED:
Section 1 – Provides that those responsible for the manufacture and importation of products covered by the arrangements instituted by Resolutions Nos. 92 dated February 16, 1998, 851 dated December 11, 1998, 896 and 897 dated December 6, 1999, the former Department of Industry, Trade and Mining of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES PUBLIC, and Resolutions Nos. 77 dated 22 June 2004 and 91 dated July 29, 2004, the Technical Coordination and the Ministry of Economy, regulations of Laws Nos PRODUCTION. 22,802 Fair Trading and 24,240 Consumer must make certify compliance with the requirements established in each of the arrangements referred to using, at its option, one of the following Certification Systems recommended by Resolution No. 19 dated June 25, 1992 GROUP COMMON MARKET (MERCOSUR):
a) N ° 4 System: Type test followed by a check (monitoring) consisting of verification tests of samples taken at the factory and trade. This can only be chosen once the System Technical Coordination of the Ministry of Economy and Production established for surveillance scheme.
b) No. 5 System: Type Testing and evaluation of quality control and factory acceptance, followed by a control (monitoring) that takes into account, in turn, audit quality control and factory verification tests of samples taken in trade and factory.
c) System No. 7: batch test that is carried out on representative samples taken for each batch manufactured or imported. For the purpose of conducting Batch Certification, taking samples from each batch of production or importation, by intervening Certification Agency, will be in accordance with the provisions of the IRAM 15 standard, whose parameters are determined by the certification authority intervening according to the batch size presented and available information attesting homogeneity. Certified products lot shall be identified clearly and indelibly indicating the lot number and the number of the certificate issued by the Certification Agency intervening.
Art 2 ° -. Provides that those responsible for the manufacture and importation of products made by the regime established by Resolution No. 404 dated June 16, 1999 of the ex- Secretariat of Industry, Trade and Mining of the former Ministry ECONOMY AND PUBLIC WORKS AND SERVICES, regulation of Laws Nos. 22,802 Fair Trading and 24,240 Consumer must make certify compliance with the essential safety requirements set out in Annex II of this resolution, using, at its option, one of the following Certification Systems recommended by Resolution No. 19/92 GROUP Common Market (MERCOSUR):
a) No. 5 System: Type Testing and evaluation of quality control and factory acceptance, followed by a control (monitoring) that takes into account, in turn, audit quality control and factory verification tests of samples taken in trade and factory.
b) System No. 7: batch test that is carried out on representative samples from each batch manufactured or imported. For the purpose of conducting Batch Certification, taking samples from each batch of production or importation, by intervening Certification Agency, will be in accordance with the provisions of the IRAM 15 standard, whose parameters are determined by the certification authority intervening according to the batch size presented and available information attesting its homogeneity, not allowing a given the existence of products originating in different washes lot. Certified products lot shall be identified clearly and indelibly indicating the lot number and the number of the certificate issued by the Certification Agency intervening.
Article 3. -. Be exempt from the provisions of Article 1 of this resolution, to the products listed in Article 1 of the Regulation No. 507 dated July 25, 2000, the National Directorate of Internal Trade then dependent ex-SECRETARY OF COMPETITION AND CONSUMER the ex- Ministry of Economy.
Article 4. -. Approval of the symbol shown in Annex I, with one (1) road record is part of this resolution, for the products covered by Compulsory Certification Scheme, which the Technical Coordination of the Ministry of ECONOMY AND PRODUCTION is implementing authority, and who have obtained the respective Type Certificate (No. 4 System) certifying compliance with the relevant safety requirements set out in the safety regime of respective product.
Article 5. -. Approval of the symbol shown in Annex II, with one (1) road record is part of this resolution, for the products covered by the Compulsory Certification schemes, of which the Secretariat is implementing authority, and who they obtained the respective certificate Lot (No. 7 System) certifying compliance with the relevant safety requirements set out in the safety regime of respective product.
The symbol must be displayed accompanied by the lot number used for identification in the certification process.
6th Art. – The symbols referred to in Articles 4 and 5 of the present resolution and the provisions of Resolution No. 799 dated 29 October 1999 from the former Department of Industry, Trade and Mining of the ex- MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, must be displayed in each of the units of the products made on them, their packaging or labels.
These symbols shall be in addition to the particulars given in each of the aforementioned, with the certificate number of the product in question displayed.
7th Art. – The identification of products covered by the Compulsory Certification schemes of compliance with safety requirements, on their packaging labels it must be unique with the brand name and model listed in the certificates issued by Organizations acting recognized certification.
Art 8 ° -. Violations of the provisions of this resolution shall be punished in accordance with the provisions of Laws Nos. 22,802 and 24,240, as appropriate.
Art 9 -. This resolution shall take effect from the date of its publication in the Official Gazette, except Articles 4, 5th, 6th and 7th, which, for use in the arrangements provided for in the Resolutions Nos. 92/98, 851/98, 404/99, 896/99 and 897/99 of the former Secretariat of Industry, Trade and Mining of the former Ministry of Economy and Public Works and Services, and Resolution No. 91/2004 , of the Technical Coordination of the Ministry of Economy and Production will begin to take effect one hundred eighty (180) days of its publication in the Official Gazette.
10. Art. – Communicate, published, submitted to the National Official Registry and filed. – Leonardo Madcur.

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