10/06/2020
Aluminum flexible tubes for packaging - Steel cables - Industrial valves - Electric LED lamps for general lighting - Electric pumps for water circulation - Dishwasher Appliances.
Res SCI 156/20
06/09/2020 (BO 06/10/2020)
HAVING SEEN File No. EX-2020-35155620- -APN-DGD#MPYT, Law 24,425, Dec. 274/19 dated April 17, 2019 and Dec. 50/19 dated December 19, 2019 and its amendments, Administrative Decision No. 289 dated April 15, 2019, Resolution MP 299/18 dated July 30, 2018 of the former MINISTRY OF PRODUCTION, Res SC 3/18 dated September 11, 2018 and Res. SC 153/18 dated December 26, 2018, both from the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION AND LABOR, Res SCI 92/19 dated March 28, 2019, Res SCI 795/19 dated 29 November 2019, Res. SCI 800/19 dated December 3, 2019 and Res. SCI 834/19 dated December 9, 2019, all from the SECRETARIAT FOR INTERNAL COMMERCE of the former MINISTRY OF PRODUCTION AND LABOR, and
CONSIDERING:
That Law 24.425 approved the final act incorporating the results of the Uruguay Round of Multilateral Trade Negotiations, ministerial decisions, declarations and understandings, and the Marrakesh Agreement, establishing the WORLD TRADE ORGANIZATION (WTO ) and its FOUR (4) Annexes, signed on April 15, 1994.
That among the Multilateral Agreements on Trade in Goods contained in Annex 1A of the Marrakesh Agreement, is 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, or for the protection of the health and life of people and animals or the preservation of plants, for the protection of the environment, or for the prevention of practices that may mislead, the levels that it deems appropriate, provided that it does not apply them in such a way that they constitute a means of arbitrary or unjustified discrimination between countries where the same conditions prevail, or a disguised restriction on international trade, and that they are otherwise in accordance to the provisions of said Agreement.
That Dec. 274/19 dated April 17, 2019 empowered the SECRETARIAT OF INTERNAL COMMERCE of the then MINISTRY OF PRODUCTION AND LABOR, in its capacity as Application Authority, to establish the minimum security requirements that the goods or services, as well as determining 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, through Resolution 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 application for the dependencies of the former MINISTRY OF PRODUCTION and its decentralized and decentralized organizations.
That by Administrative Decision No. 289 dated April 15, 2019, the organizational structure of the first and second operational level of the former MINISTRY OF PRODUCTION AND WORK was approved, setting the Primary Responsibility of the Directorate of Technical Regulations and Promotion of Quality of the former UNDER-SECRETARIAT FOR INTERNAL MARKET POLICIES of the former SECRETARIAT FOR INTERNAL COMMERCE of the then MINISTRY OF PRODUCTION AND LABOR, to prepare and propose the application of technical regulations and conformity assessment procedures within the framework of the Agreement on Technical Barriers to Trade in the WORLD TRADE ORGANIZATION and implement policies linked to the promotion of technical quality and conformity of goods and services, aimed at improving competitiveness.
That, within said framework, Res SC 3/18 dated September 11, 2018 and Res SC 153/18 dated December 26, 2018, both of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION AND LABOR were issued , Res. SCI 92/19 dated March 28, 2019, Res. SCI 795/19 dated November 29, 2019, Res. SCI 800/19 dated December 3, 2019 and Res. SCI 834/19 of dated December 9, 2019, all from the INTERNAL COMMERCE SECRETARIAT of the former MINISTRY OF PRODUCTION AND LABOR.
That through the aforementioned standards, the technical regulations for aluminum flexible tubes, steel cables, industrial valves and those specific to energy efficiency for LED lamps, electric pumps and dishwashers, respectively, were created.
That, since the aforementioned technical regulations came into force, certain issues have become evident that make their correct implementation impossible.
That, among these difficulties, the main ones lie in the lack of recognition of certification bodies and the fact of not having laboratories with testing capacity for the entire range of products involved in the regulations in question.
That it is necessary to emphasize that these organizations are configured as essential actors for the implementation of the aforementioned regulations.
That, the SECRETARIAT OF INTERNAL TRADE of the MINISTRY OF PRODUCTIVE DEVELOPMENT, has among its competences to evaluate the degree of opportunity, merit and convenience for the implementation of policies and actions that impact on trade.
That, for this reason, it is appropriate to temporarily suspend the validity of the regulations in question, in order to resolve the necessary preconditions for the pursuit of the objective sought with the implementation of each regulation.
That, also, in order to correctly attend to the particularities of each regulation, a revision process becomes necessary in order to avoid future inconveniences at the time of its implementation.
That it is worth noting that this measure will be temporary.
That the Directorate of Legal Affairs for Trade and Mining, dependent on the General Directorate of Legal Affairs of the MINISTRY OF PRODUCTIVE DEVELOPMENT, has taken the intervention that is its responsibility.
That this resolution is issued in exercise of the powers conferred by Dec. 274/19 dated April 17, 2019 and Dec. 50/19 dated December 19, 2019 and its amendments.
Thus,
THE SECRETARY OF INTERNAL TRADE
RESOLVES:
ARTICLE 1 .- Suspend the validity of Res SC 3/18 dated September 11, 2018 and Res SC 153/18 dated December 26, 2018, both from the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION Y TRABAJO, Res.SCI 92/19 dated March 28, 2019, Res.SCI 795/19 dated November 29, 2019, Res.SCI 800/19 dated December 3, 2019 and Res.SCI 834 / 19 dated December 9, 2019, all from the INTERNAL COMMERCE SECRETARIAT of the former MINISTRY OF PRODUCTION AND LABOR.
ARTICLE 2 .- This resolution will be in force for 180 administrative business days from the day following its publication in the Official Gazette.
ARTICLE 3 .- Communicate, publish, give yourself to the NATIONAL ADDRESS OF THE OFFICIAL REGISTRY and file.
Paula Irene Spanish.