Disposition D.N.C.I. Nº 76/02

CONSUMER PROTECTION
Establishes different requirements regarding the means to demonstrate compliance of various products with the safety requirements established by Resolution No. 92/98 – SICYM. Exceptions. Repeals Resolution No. 906/99 – SICYM.
Bs. As., 20/12/2002
SEEN File No. S01: 0280573/2002 Registry of the Ministry of Production, and WHEREAS:
The decision of the Department of Industry, Trade and Mining No. 92 of February 16, 1998 set the mark of conformity certification of compliance with essential safety requirements it determines, as a condition for marketing in the country the equipment low voltage electric.
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.
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 decision of the Department of Industry, Trade and Mining No. 906, of December 6, 1999, which established different requirements as to the modalities to demonstrate product compliance with the essential requirements of electrical safety, proved an efficient tool for this purpose.
The National Food Administration, Drug and Medical Technology, the Ministry of Health and Social Action, verify, among other properties, the electrical safety of medical equipment that is manufactured or imported in the country.
It is convenient to apply the requirements of this regime, have an updated list of the products made by them, including their tariff lines under the terms of MERCOSUR COMMON Nomenclature.
The National Directorate of Domestic Trade, under the Department of Competition, Deregulation and Consumer Protection is the appropriate entity to establish the relevant methodology according to the aforementioned guidelines and their implementation.
The Directorate of Legal AREA OF INDUSTRY, TRADE AND MINING, under the General Directorate of Legal Affairs of the Ministry of Economy, has taken action within its jurisdiction, under the provisions of the Resolution of the Treasury Solicitor OF NATION No. 7 of February 4, 2002, and the provision DGAJ No. 13 of April 11, 2002.
That this is issued in exercise of the powers conferred by Article 12 subsection b) of Law No. 22,802, articles 41 and 43, paragraph a) of Law No. 24,240, Decree No. 357 of February 21, 2002 and its amending Decree No. 475 of March 8, 2002.
Thus,
SECRETARY OF COMPETITION, deregulation and consumer protection
RESOLVED:
Section 1 – From the beginning of validity of this resolution, the certification requirement established by Article 3 of Resolution sLC and M. reach No. 92/98, with the exceptions noted in this resolution, to the following products:
a) equipment and electrical and electronic equipment whose consumption does not exceed five (5) kilo volt-amperes (kVA).
b) Materials for the execution of electrical installations with a rated current does not exceed sixty-three (63) amperes (A).
c) Cables and electrical conductors.
d) Equipment power generation up to five (5) kilo volt-amperes (kVA) of rated power.
e) Materials for grounding installations and protection devices of electrical and telecommunications surge caused by natural phenomena.
f) electrical products intended for skin treatment, irrespective of their consumption. Exclude the certification requirement referred to, all materials and equipment specifically designed for exclusive use in automobiles, ships, aircraft, rail and other transportation.
Art. 2nd – Excluded from the provisions of the preceding article paragraph a), the following products:
a) facilities for diagnosis, treatment and prevention of medical, dental and laboratory use, and parts and accessories. Ambient lighting elements for clinical use, clinical beds and stretchers, dental chairs and similar equipment including electrical devices 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, parts and components intended for research laboratories, development and quality control, except when applied parallel to teaching;
e) Equipment for data processing covered by Article 7 of the M. SlCy Resolution No. 173, of March 15, 1999;
f) storage units, except those requiring external power supply;
g) Telecommunication equipment, auxiliary and associated apparatus, except for subscriber terminals of any kind;
h) Control Units and adaptation of telecommunications and signal conversion units;
i) Switching equipment for telephony or telegraphy except private telephone exchanges with a capacity not exceeding twenty-five (25) internal lines;
j) Accounting for radio-telephony and radio broadcasting;
k) Modems internal data transmission, or those external to the provision of public TV and radio services;
l) cables and electrical conductors of low signal, intended for audio applications, video and data transmission;
m) lamps of all kinds, exceeding the MIL (1000) watt (W) power.
Art. 3rd – Excluded from the provisions of Article 1, subsection b) of this, the following products:
a) Material specifically designed for installations of generation, transmission and distribution of electricity by utilities, except electricity meters;
b) Devices command, dialog, detection and protection designed for use in industrial machinery.
Article 4. -. Those products covered by the exceptions of Articles 2, except subsection a), and 3 of this resolution must be marketed backed by an Affidavit of Compliance with the essential safety requirements set by the ANNEX I Resolution sLC and M. No. 92/98, presented by their manufacturers or importers before the National Directorate of Domestic Trade. In the case of foreign products, the declaration referred must be accompanied by a manufacturer’s declaration of compliance with applicable IEC or IRAM, or by certificates or test protocols that account for such compliance. In both cases the respective presentations should include catalogs or brochures for the product in question to allow their identification and classification within the respective category established by this resolution.
Article 5. -. 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 SIC Resolution and M. N 92/98 compliance with the essential safety requirements outlined in Annex I.
Art. 6th – 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) To establish the measures necessary for the interpretation, clarification and implementation of the provisions of this resolution.
Article 7. -. 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.
Art 8 ° -. Violations of this resolution shall be punished according to the provisions of Law No. 22,802.
Art 9 -. Repealed SIC & M. Resolution No. 906/99.
Art 10. -. This Resolution shall take effect from the date of its publication in the Official Gazette, except for Article 1, subsection e) of which will from 1 April 2003.
11. Art. – Communicate, published, submitted to the National Official Registry and filed. – Gustavo J. Stafforini.