Fair Trading
Determination of monitoring controls established by Resolution No. 92/98 of the former Ministry of Industry, Trade and Mining in Annex II, relating to product families have obtained type certification after 1 January 2003.
Bs. As., 12/11/2003
SEEN File No. S01: 0092495/2003 Registry of former Ministry of Production and
CONSIDERING:
That Resolution No. 92, dated February 16, 1998, the former Secretary of Industry, Commerce and Mining, establishing mandatory certification of low-voltage electrical equipment that is sold in the country.
Certification that the mechanisms provided by the statute cited involve surveillance checks on the products covered by the respective certificates.
It is necessary to establish minimum guidelines that must comply with the recognized Certification, regarding frequency and scope of controls to be implemented.
The model type certification demand, by its nature, more demanding in terms of market control that certification mark of conformity.
The basic security features provided by Order No. 736, dated June 29, 1999, the National Directorate of Domestic Trade, under the former Secretariat of Industry, Trade and Mining, are efficient elements for indication of maintenance of the conditions under which a product is marketed certificate promptly.
That in every case the seriousness and objectivity that should save the tests corresponding to the market surveillance checks, make it advisable to reserve them exclusively for Laboratories recognized by the National Directorate of Domestic Trade, under the Undersecretariat of COMPETITION CONSUMER PROTECTION AND MINISTRY OF ECONOMY AND PRODUCTION.
That according to the preceding recitals Resolution No. 35, dated March 19, 2003, the former Department of Competition, Deregulation and Consumer Protection was passed.
Subsequently to the issuance of Resolution ex-SCD and D.C. No. 35/2003, Certification Bodies and Testing Laboratories recognized by the National Directorate of Domestic Trade and domestic manufacturers and importers of electrical products, expressed some difficulties in implementing this resolution, in particular those relating to compliance identity verification under the first ninety (90) days for type certificates issued prior to the enactment of that resolution, and compliance verification of identity provided for in the first hundred eighty (180) days for Certified mark of conformity, issued prior to the enactment of the Resolution.
On the other hand, the implications of new members to the families of certified products, in terms of determining changes to the representative of the same product, deserves special treatment and independent monitoring controls established in the this resolution.
That surveillance type certification and conformity marking, the protection and security products must undergo testing the respective safety standards.
That audits tracking recognized Certification Bodies, conducted by the Evaluation Committee of Certification Bodies set up by the Article 9 of Resolution No. 431, of June 28, 1999, the ex SECRETARY Industry, Trade and Mining are suitable for the verification of compliance as described in this resolution mechanism.
That the General Directorate 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 subsection b) of Law No.. 22,802, and Decree No. 1283 of May 24, 2003 and No. 25, May 27 2003.
Thus,
The Secretary of Technical Coordination
RESOLVED:
Section 1 – From the starting date of the enactment of this resolution, monitoring controls established by Resolution No. 92, dated February 16, 1998, the former Secretary of Industry, Commerce and Mining Annex II, corresponding to the families of products that have earned type certification after 1 January 2003, by the respective certification bodies recognized, at least consist of:
a) A verification within ninety (90) days of the respective certificate issued, the beginning of the term of this resolution for issued certificates that remain valid at that time, of the identity of this product on the market and certificate previously recognized by a laboratory;
b) A verification every one hundred eighty (180) days from the date of verification in accordance with paragraph a) compliance with the basic safety features, determined by Order No. 736, dated June 29, 1999 , the National Directorate of Domestic Trade, under the former Secretariat of Industry, Trade and Mining, through tests performed by an accredited laboratory on a sample consisting of at least one (1) representative product family of certified products, to be verified at least one (1) for every five (5) families of products certified by the same owner and can not be verified within a family by manufacturer, domestic or foreign. Such verification shall include an identity check between this market and the product previously certified. In cases where the certification body deems it necessary, it may use at every opportunity, to the assessment of compliance with other aspects of the applicable standard through testing by an accredited laboratory. Representative samples will be selected by the respective Certification Body, market and factory for domestic products, and local businesses and the importer’s warehouse for foreign products. If determined nonconformity in products in the execution of checks laid down, the certification body, within a period of sixty (60) calendar days from the determination of non-compliance, should complete the verification basic security features, determined by the arrangement DNCI No. 736/99, of one (1) product per family certified by the same holder, regardless of the measures taken with regard to non-compliant products, according to the provisions of the regulations in force.
Art 2 ° -. From the date of the enactment of this resolution, monitoring controls established by Resolution ex-SIC M. No. 92/98 and in Annex II, of the families of products that have been certified as such before 1 January 2003, by the respective certification bodies recognized, consist at least in verification every one hundred eighty (180) days from the date indicated for each case in the Annex, which one (1) road record is part of this resolution, compliance with the basic safety features, determined by Order DNCI No. 736/99. This verification will be done by tests performed by an accredited laboratory on a sample consisting of at least one (1) representative product family of certified products to be verified at least one (1) for every five (5) families of products certified by one operator and can not be verified within a family by manufacturer, domestic or foreign. Such verification shall include an identity check between this market and the product previously certified. In cases where the certification body deems it necessary, you can use any opportunity to assess compliance with other aspects of the applicable standard, meiante tests performed by a recognized laboratory. Representative samples will be selected by the respective Certification Body, market and factory for domestic products, and local businesses and the importer’s warehouse for foreign products. If determined nonconformity in products in the execution of checks laid down, the certification body, within a period of sixty (60) calendar days from the determination of non-compliance, should complete the verification basic security features, determined by the arrangement DNCI No. 736/99, of one (1) product per family certified by the same holder, regardless of the measures taken with regard to non-compliant products, according to the provisions of the regulations in force.
Article 3. -. The verification will take place in plants responsible for manufacturing of products certified mark of conformity, by recognized Certification Bodies will have at least annually and involve the evaluation of system quality control production plant as well as the products subject to certification, including verification of identity between the products under development or recently produced with the originally certified. In addition, at least one (1) time per year, starting with a control within the first hundred eighty (180) days of the date of issuance of the certificate, or the commencement of the term of this resolution to the certificates issued to remain valid at that time, they should be supervised, by a recognized laboratory, on at least one (1) product for every five (5) certified product families belonging to the same owner in the market, can not be verified less ONE (1) product manufacturers, domestic or foreign, repeated annually or more than one (1) selected family. These tests consist, with an annual alternation, a verification of the identity between the product on the market and certificate previously, and in verifying the basic security features, determined by the Provision DNCI No. 736/99, successively. Representative samples will be selected by the respective Certification Body, market and factory for domestic products, and local businesses and the importer’s warehouse for foreign products. In all cases where the intervening Certification Agency deems it necessary, he may appeal the assessment of compliance with other aspects of the applicable standard, by tests conducted by recognized laboratories. If determined nonconformity in products in the execution of checks laid down, the certification body, within a period of sixty (60) calendar days from the determination of non-compliance, should complete the verification basic security features, determined by the arrangement DNCI No. 736/99, ONE (1) for each certified product family, regardless of the measures to be taken regarding nonconforming product, according to the provisions of the regulations in force.
Art 4th. – The presentation of a certificate of quality control system manufacturer, issued by a certification body accredited by the Argentine Accreditation Body (OAA), according to ISO 9000, ISO 9001 or ISO 9002, for the manufacturing line of products under the brand certification of conformity may exempt the certification body responsible for this process, the evaluation of quality control system of the relevant production company, during the term of the respective certification.
Article 5. -. Certification Bodies that have issued certificates for conformity mark prior to 1 January 2003, having seen a control monitoring of a different nature to the minimum laid down in Article 3 of this Order, shall perform the necessary actions to comply with the controls established in that Article, according to the date, which is indicated for each case in the Annex, which one (1) road record is part of this resolution.
Article 6. -. In cases where, for any of the checks provided by this resolution, resulting detected nonconformity, the respective recognized certification body will have five (5) working days to notify the fact in a reliable way to National Directorate of Domestic Trade Undersecretariat dependent OF COMPETITION AND CONSUMER PROTECTION.
7th Art. – The breach of the provisions of this resolution will lead to the implementation of the procedure and the sanctions provided by Article 8 of Resolution No. 431, dated June 28, 1999, the ex- Department of Industry, Trade and Mining.
Art 8 ° -. Repealed Resolution No. 35, dated March 19, 2003, the former Department of Competition, deregulation and consumer protection.
Art 9 -. This Resolution shall take effect from the date of its publication in the Official Gazette.
10. Art. – Communicate, published, submitted to the National Official Registry filed. – Leonardo Madcur.
Annex to Resolution S.C.T. No.
Certificates issued in the years beginning date monitoring procedure
1999/2000 Term of this Order
2001 After 90 consecutive days of validity
of this Resolution
2002 In the 180 days of the effective date
of this Resolution