Disposition D.N.C.I. Nº 198/04

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Technical Coordination Secretariat
Fair Trading
Resolution 198/2004
Establishes treatments used in certain electrical and electronic products. Resolution 92/98 of the former Ministry of Industry, Trade and Mining. Scopes. Effectiveness.
Bs. As., 29/12/2004
SEEN File No. S01: 0321286/2004 Registry of the MINISTRY OF ECONOMY AND PRODUCTION, and
CONSIDERING:
That Resolution No. 92 dated February 16, 1998 from the former Department of Industry, Trade and Mining of the Ministry of Economy and ex- Public Works and Services, establishes the obligation to submit to the products achieved a compliance certification essential electrical safety requirements which it determines.
That Resolution No. 76 dated December 20, 2002 from the former Department of Competition, Deregulation and Consumer Protection of the ex- Ministry of Production, determines the products covered by the obligation to submit, before the National Domestic Trade, under the former Ministry of Competition, Deregulation and Consumer Protection of the former Ministry of Production, documentation attesting compliance with those requirements.
That by Article 5 of the Provision No. 507 dated July 25, 2000 of the National Directorate of Domestic Trade-dependent ex-SECRETARY OF COMPETITION AND CONSUMER the former Ministry of Economy, was postponed until 31 December 2002 the beginning of the validity of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining of the former Ministry of Economy and Public Works and Services, for all materials and electrical and electronic equipment designed to used with a voltage lower than the fifty volts (50 V) or those whose nominal operating current exceeds sixty-three amperes (63 A).
That, moreover, because of Article 4 of the Provision No. 2 dated August 9, 2002 of the National Directorate of Domestic Trade dependent on the former Ministry of Competition, Deregulation and Consumer Protection of the ex- Ministry of Production, ratified by Order No. 32 dated August 21, 2002 of the National Directorate of Domestic Trade dependent on the former Ministry of Competition, Deregulation and Consumer Protection of the former Ministry of Production, was postponed until December 31, 2003 the beginning of the validity of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining of the former Ministry of Economy and Public Works and Services, for all materials and equipment electrical and electronic designed for use with a voltage at fifty volts (50 V) or those whose nominal operating current exceeds sixty-three amperes (63 A).
The National Directorate of Internal Trade, under the Secretary of Defense’s Consumer Technical Coordination of the MINISTRY OF ECONOMY AND PRODUCTION faced the analysis concerning the scope must have the certification requirement of compliance with the essential safety requirements, under Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining of the ex- Ministry of Economy and Public Works and Services, in respect of materials and electrical and electronic equipment designed for use with a voltage at fifty VOLT (50 V).
That having the deadline set out in Article 4 of the Provision No. 2/2002, ratified by Order No. 32/2002, both of the National Directorate of Internal Trade, it operated the start of 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 those whose nominal operating current exceeds sixty-three amperes (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, was appropriate to suspend the validity of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining for all materials and electrical and electronic equipment intended for use with a lower voltage at fifty volts (50 V), or whose nominal operating current exceeds sixty-three amperes (63 A), in order to complete the above analysis.
That suspension was established by Resolution No. 33 dated March 24, 2004 of the Technical Coordination of the MINISTRY OF ECONOMY AND PRODUCTION until December 31, 2004.
Who finished the studies could identify a reduced materials, equipment and electrical and electronic equipment designed for use with a voltage at fifty volts (50 V), whose functional characteristics, not having elements or protective devices, set warnings and user instructions can pose potential risks to the consumer in their normal and expected conditions of use for which it is necessary to require the certification of compliance with essential safety requirements set out in Resolution No. 92/98 of the former SECRETARIAT of Industry, Trade and Mining.
That although, equipment and electrical and electronic equipment designed for use with a voltage at fifty volts (50 V) for operation requiring an external power, or those that work alternately with autonomous power supply (battery / battery), not themselves represent risks to the consumer, in order to prevent connection to an external power source inadequate generate risks to it, it is necessary to establish the obligation to indicate in the user manual product all the electrical characteristics of the power supplies that are compatible with them, and warning the user of the risks resulting from connecting a source other than the specified characteristics.
It is convenient to empower the National Directorate of Domestic Trade Undersecretariat dependent CONSUMER DEFENSE SECRETARY technical coordination of the MINISTRY OF ECONOMY AND PRODUCTION, so that in the case of detecting the existence of material, equipment or electrical and electronic equipment designed for use with a voltage at fifty volts (50 V) which pose potential risks to the consumer in their normal and expected conditions of use set by arrangement founded, the requirement to certify compliance with the essential safety requirements set out in Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining.
That, moreover, studies on materials and electrical and electronic equipment with a rated operating current exceeds sixty-three amperes (63 A) that resulted thereof are included within the universe of products covered by the exceptions to the requirement of certification laid down in Resolution No. 76/02 of the former Ministry of Competition, deregulation and consumer protection.
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 the N 22,802 Fair Trading Act, the 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:
Article 1 or Provides that electrical and electronic equipment designed for use with a voltage at fifty volts (50 V), with only autonomous power source (battery / battery) are not reached by the obligations under the Resolution No. 92 dated February 16, 1998 from the former Department of Industry, Trade and Mining of the former Ministry of Economy and Public Works and Services.
Art. 2 or Provides that electrical and electronic equipment designed for use with a voltage at fifty volts (50 V) for operation requiring an external power supply, An those, who alternately work with a power supply autonomous (battery / battery), they are not reached by the obligation to certify compliance with the essential requirements of electrical safety laid down in Article 3 of Resolution No. 92/98 of the former Secretariat of Industry, Trade and Mining, having however, indicate in the product user manual or in the product all the electrical characteristics of the power supplies that are compatible with the same or corresponding specific model, and warning the user of the resulting risks to connect a source with characteristics other than those specified. In the event that the product is presented together with the external power supply, completing other provisions in this article, the power supply must be certified under the provisions of Resolution No. 92/98 of the former SECRETARIAT of Industry, Trade and Mining.
Art. 3 or Excl˙yese treatment provisions of Articles 1 and 2 of this resolution to electrical products designed for use with a voltage at fifty volts (50 V) listed in the Annex, which one (1) hander is part of this resolution, which shall comply with the obligation to submit to them, a certification of compliance with the essential requirements of electrical safety established by Resolution No. 92/98 of the former SECRETARIAT OF INDUSTRY, Trade and Mining.
Art. 4 or Fac˙ltase to the National Directorate of Domestic Trade Undersecretariat dependent CONSUMER DEFENSE SECRETARY technical coordination of the Ministry of Economy and Production, to be included in the Annex that is part of this resolution, through a administrative act based on corresponding to the electrical products designed for use with a voltage at fifty volts (50 V), which in its normal and foreseeable use, pose risk sb technical study for people, property and the domestic animals.
Art. 5 or Provides that all materials and electrical and electronic equipment with a rated operating current exceeds sixty-three amperes (63 A) are covered by the exceptions to the requirement of certification established by Article 3 of Resolution No. 92 / 98 of the former Secretariat of Industry, Trade and Mining, which were set out in Articles 2 and 3 of Resolution No. 76 dated December 20, 2002 of the ex- SECRETARY competition, deregulation and advocacy Consumer former Ministry of Production.
Art. 6 or the breach of the provisions of this resolution shall be punished as established by Law No. 22,802 of Fair Trading.
Art. 7 or This resolution shall take effect from the date of its publication in the Official Gazette, except as provided in Article 3 of this resolution, which shall take effect ninety (90) days of its publication in the Official Gazette.
Art. 8 or communicated, published, submitted to the National Official Gazette and filed. or Madcur Leonardo.
ANNEX
PRODUCTS
1. luminaires and lighting systems for power fed through sources connected to networks of more than fifty volts (50 V) AC.
2. dichroic lamps and lamp holders.
3. portable hand tools.
4. Electric fence.
5. Electro muscle stimulators, which complement physical activity.

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