03/12/2019
Establish the entry into force of Res.SICM 319/99 dated May 14, 1999 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING of the former MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES, for electric LED lamps for general lighting.
Res. SCI 795/19
11/29/2019 (BO 12/03/2019)
HAVING SEEN File No. EX-2018-60471780- -APN-DGD#MPYT, Law 24,240 and its amendments, and Law 24,425, Dec. 140/07 dated December 21, 2007, Dec. 1063/16 dated December 4, October 2016 and its amendments, Dec. 891/17 dated November 1, 2017, Dec. 174/18 dated March 2, 2018 and its amendments, and Dec. 274/19 dated April 17, 2019, Res.MP 229/18 dated May 29, 2018, Res.MP 299/19 dated July 30, 2018 both of the former MINISTRY OF PRODUCTION, Res. Sicm 319/99 dated May 14, 1999 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES and their amendments, and Res. SCI 262/19 dated June 6, 2019 of the SECRETARIAT OF INTERNAL COMMERCE of the MINISTRY OF PRODUCTION AND LABOR, and
CONSIDERING:
That through Dec.174 / 18 dated March 2, 2018 and its amendments, the Centralized National Public Administration Application Organization Chart was approved up to the level of the Undersecretariat, to fulfill the responsibilities that are its own, also establishing their powers.
That Law 24,425 approves the Final Act incorporating the results of the Uruguay Round of Multilateral Trade Negotiations, the Ministerial Decisions, Declarations and Understandings, and the Marrakesh Agreement establishing the WORLD TRADE ORGANIZATION (WTO) .
That the aforementioned Agreement contains, in its Annex 1A, the “Agreement on Technical Barriers to Trade”, which recognizes that no country should be prevented from taking the necessary measures to ensure the quality of its exports, national security, protection of the health of people and animals, the protection of the environment, the preservation of vegetables and the prevention of practices that may be misleading.
That, by virtue of this, it is the function of the NATIONAL STATE to try to achieve said legitimate objectives through the dictation of the corresponding regulations.
That, in accordance with this, Article 4 of Law 24,240 and its amendments establishes the obligation of suppliers to provide consumers with certain, clear and detailed information about the essential characteristics of the products and services they market.
That Dec. 891/17 dated November 1, 2017 approved GOOD PRACTICES IN THE MATTER OF SIMPLIFICATION, aimed at embarking on the path towards the simplification of standards and their regulations, which encourages consultation and cooperation in order to efficiently satisfy the requirements of the citizen.
That Dec. 274/19 dated April 17, 2019, empowers the SECRETARIAT OF INTERNAL COMMERCE of the MINISTRY OF PRODUCTION AND LABOR, or the body in which it decides to delegate its powers, so that in the character of Authority of Application it establishes the minimum security requirements that the goods or services must meet and to determine the place, form and characteristics of the indications to be placed on the goods that are marketed in the country or on their packaging.
That Res. SicM 319/99 dated May 14, 1999 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, establishes, for those who manufacture, import, distribute and market in the country various electrical appliances, including lighting and complementary functions, the obligation to subject their products to certification of compliance with the IRAM Standards regarding the performance or energy efficiency of each product, placing a label on them report the energy performance or efficiency and the other associated characteristics, according to the results obtained.
That by Dec. 140/07 dated December 21, 2007, the rational and efficient use of energy was declared of national interest and priority, approving the guidelines of the NATIONAL PROGRAM FOR RATIONAL AND EFFICIENT USE OF ENERGY (PRONUREE), destined to contribute and improve the energy efficiency of the different energy consuming sectors.
That, also, Res. SCI 262/19 dated June 6, 2019 of the SECRETARIAT FOR INTERNAL COMMERCE of the MINISTRY OF PRODUCTION AND LABOR established a new procedure for the recognition of all certification bodies, inspection bodies and all test, whose work is aimed at issuing certificates of conformity, inspection reports or certificates, and test reports respectively, for compliance through conformity assessment procedures, of the technical regulations for products and services established by the MINISTRY OF PRODUCTION AND LABOR.
That, in this context, the objective is to implement measures that allow the reduction of energy consumption in the residential sector, promote energy efficiency and promote production standards and improve competitiveness, particularly related to the requirements established in the PROGRAM NATIONAL OF THE RATIONAL AND EFFICIENT USE OF ENERGY (PRONUREE).
That, in this context, the National Directorate of Energy Efficiency Programs, dependent on the UNDER-SECRETARIAT FOR RENEWABLE ENERGIES AND ENERGY EFFICIENCY of the SECRETARIAT FOR RENEWABLE RESOURCES AND ELECTRICITY MARKET of the MINISTRY OF ENERGY SECRETARIAT, requested, Note NO-2019-49436234-APN-DNPEFE#MHA the incorporation of electric LED lamps for general lighting to the energy efficiency labeling regime.
That said request is based on the need to establish minimum energy efficiency standards or maximum energy consumption for these products, and comply with the aforementioned Dec. 140/07, by which the guidelines of the NATIONAL PROGRAM FOR RATIONAL AND EFFICIENT USE were approved. OF ENERGY (PRONUREE).
That, therefore, it is appropriate to approve a specific technical regulation that establishes the technical requirements and essential characteristics for energy efficiency labeling that must be met by electric LED lamps for general lighting that are marketed in the territory of the ARGENTINE REPUBLIC.
That in order to achieve these objectives, it is internationally recognized practice to refer to national technical standards such as those developed by the ARGENTINE INSTITUTE FOR STANDARDIZATION AND CERTIFICATION (IRAM), or those international and regional standards adopted by the ARGENTINE REPUBLIC.
That, likewise, the certification system by third party organizations, recognized by the NATIONAL STATE, constitutes a suitable mechanism to verify compliance with the technical requirements and essential characteristics for energy efficiency labeling.
That through Dec.1063 / 16 dated October 4, 2016, the implementation of the Remote Procedures Platform (TAD) was approved, consisting of the "Remote Procedures" (TAD) module of the Electronic Document Management System ( GDE), as a means of citizen interaction with the administration, through the reception and transmission by electronic means of presentations, requests, writings, notifications and communications, among others.
That the SECRETARIAT OF PRODUCTIVE SIMPLIFICATION of the MINISTRY OF PRODUCTION AND LABOR took action within the framework of Res.MP 229/18 dated May 29, 2018 of the former MINISTRY OF PRODUCTION.
That through Article 1 of Res.MP 299/18 dated July 30, 2018 of the former MINISTRY OF PRODUCTION, the process for the preparation, review and adoption of technical regulations and conformity assessment procedures was approved, which will be applicable to the dependencies of the MINISTRY OF PRODUCTION and its decentralized and decentralized organisms.
That, likewise, Article 2 of the aforementioned resolution provides that “The preparation and review of technical regulations and conformity assessment procedures will be carried out by the Directorate of Technical Regulations and Promotion of Quality of the UNDER-SECRETARIAT FOR INTERNAL COMMERCE of the SECRETARIAT OF COMMERCE of the MINISTRY OF PRODUCTION, or the one that in the future will replace it… ”.
That, in response to this, the aforementioned Directorate has been intervened, complying with the procedure established in the aforementioned Resolution MP 299/18 of the former MINISTRY OF PRODUCTION.
That the General Directorate of Legal Affairs of the MINISTRY OF PRODUCTION AND LABOR has taken the intervention that corresponds to it.
That this measure is issued in exercise of the powers conferred by Dec.274 / 19, and Dec.174 / 18 and its amendments.
Thus,
THE INTERNAL TRADE SECRETARY
RESOLVES:
ARTICLE 1 .- Establish the entry into force of Res.SICM 319/99 dated May 14, 1999 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING of the former MINISTRY OF ECONOMY AND WORKS AND PUBLIC SERVICES, for LED electric lamps for general lighting.
ARTICLE 2.- The following lamps are excluded from compliance with this regime:
- a) LED lamps whose luminous flux is less than 30 lm;
- b) LED lamps to run on batteries;
- c) LED lamps that incorporate the possibility of color change;
- d) LED lamps with color diodes and / or with color coating;
- e) LED lamps that are not directly connected to the power supply.
ARTICLE 3 ° .- The products reached by Article 1 of this resolution, must guarantee compliance with the technical requirements and the conformity assessment process detailed in the Annex, which as F-2019-104673391-APN- DRTYPC#MPYT, is an integral part of this measure.
ARTICLE 4o.- National manufacturers and importers will have the technical, civil and criminal responsibility regarding the products for the manufacture, import or commercialization, as well as all the documents referring to the certification, and cannot transfer this responsibility.
ARTICLE 5 ° .- The documentation requested in the framework of this resolution must be presented through the “Platform for Remote Procedures” (TAD), approved by Dec.1063 / 16 dated October 4, 2016, or the digital system that will replace it in the future.
ARTICLE 6 .- Violations of the provisions of this standard will be sanctioned in accordance with the provisions of Dec. 274/19 dated April 17, 2019.
ARTICLE 7 .- The SUB-SECRETARIAT FOR INTERNAL MARKET POLICIES, under the SECRETARIAT FOR INTERNAL TRADE of the MINISTRY OF PRODUCTION AND LABOR, is empowered to issue the necessary measures in order to interpret and clarify the provisions of this measure.
ARTICLE 8 °. - This resolution will enter into force as of its publication in the Official Gazette, and will be implemented according to the terms established in the Annex to this measure.
ARTICLE 9 ° .- Communicate, publish, give yourself to the NATIONAL ADDRESS OF THE OFFICIAL REGISTRY and file.
Ignacio Werner