10/12/2019
Res. SCI 836/19
12/09/2019 (BO 12/10/2019)
HAVING SEEN File No. EX-2019-90469957- -APN-DGD#MPYT, Law 24,240 and its amendments, and Law 24,425, Dec 891/17 dated November 1, 2017, Dec.174 / 18 dated March 2 of 2018 and its amendments, Dec. 274/19 dated April 17, 2019, Res.MP 229/18 dated May 29, 2018, Res.MP 299/18 dated July 30, 2018 both of the former MINISTRY OF PRODUCTION, Res SC 169/18 dated March 27, 2018 and its amendments to the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION and Res SCI 262/19 dated June 6, 2019 of the SECRETARIAT OF COMMERCE INTERIOR 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 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, and health protection. 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, for its part, Article 5 of Law 24,240 establishes that things and services must be supplied or provided in such a way that, used in foreseeable or normal conditions of use, they do not present any danger to the health or physical integrity of the consumers or users.
That Dec. 274/19 dated April 17, 2019 empowers the SECRETARIAT OF INTERNAL COMMERCE of the MINISTRY OF PRODUCTION AND LABOR, or the body that decides to delegate its powers, so that in the character of Authority of Application establishes the requirements minimum security that the goods or services must comply with and determine the place, form and characteristics of the indications to be placed on the goods that are sold in the country or on their packaging.
That Dec. 891/17 dated November 1, 2017 approved the GOOD PRACTICES IN THE MATTER OF SIMPLIFICATION applicable to the operation of the National Public Sector, the dictation of the norm and its regulations.
That the aforementioned Good Practices are made up of a series of principles, among which the principle of normative simplification stands out, through which it is established that the rules and regulations that are issued must be simple, clear, precise and easy to understand ; the principle of continuous process improvement, through the use of new technologies and computer tools; the principle of evaluation of implementation; and the principle of presumption of good faith of the citizen.
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 through Res SC 169/18 dated March 27, 2018 of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION, the essential safety requirements that low-voltage electrical equipment must meet to be marketed in the REPUBLIC were established ARGENTINA.
That it is necessary to reformulate some of its requirements in order to ensure the achievement of the objective it pursues through effective compliance with the standard.
That, in this sense, the need to specify the scope of the aforementioned resolution regarding certain electrical equipment to be used with a voltage not reached by Res SC 169/18 of the former SECRETARIAT OF COMMERCE has been noted. , but that it is considered convenient to include to reinforce its security objective.
That it is necessary to empower the UNDER-SECRETARIAT FOR INTERNAL MARKET POLICIES, dependent on the SECRETARIAT FOR INTERNAL TRADE of the MINISTRY OF PRODUCTION AND LABOR, to limit the extension of the exception regime provided for in the resolution, to prevent the entry of products that by their very nature they are not the usual object of suitable use, thus also reinforcing the security objective of the same.
That is granted to the electrical equipment that enters as input to the Special Customs Area created by Law 19.640, a specific treatment regarding the certification requirements established by Res SC 169/18 of the former SECRETARIAT OF COMMERCE.
That, likewise, it is deemed convenient to grant the products originating in the Special Customs Area created by Law 19,640, the same treatment that corresponds to those produced in other regions of the country.
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 Resolution MP 299/18 dated July 30, 2018 of the former MINISTRY OF PRODUCTION, through its Article 1 approved "... the process for the preparation, review and adoption of technical regulations and conformity assessment procedures , which will be applied to the dependencies of the MINISTRY OF PRODUCTION and its decentralized and decentralized organizations ”.
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, intervention has been given to the Directorate of Technical Regulations and Quality Promotion, dependent on the UNDER-SECRETARIAT FOR INTERNAL MARKET POLICIES, complying with the procedure established in Res.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.174 / 18 and its amendments, and Dec.274 / 19.
Thus,
THE INTERNAL TRADE SECRETARY
RESOLVES:
ARTICLE 1.- Replace Article 2 of Res SC 169/18 dated March 27, 2018 of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION, by the following:
"ARTICLE 2o.- Scope of application. This measure will apply:
- a) To the electrical equipment to be used with a nominal input voltage, for consumer material, and / or output, for generator material, between FIFTY VOLT (50 V) and THOUSAND VOLT (1,000 V) in alternating current, and between SEVENTY Y FIVE VOLT (75 V) and THOUSAND FIVE HUNDRED VOLT (1,500 V) in direct current.
- b) The following products that operate with input and / or output voltages different from those established in subsection a):
(i) dichroic or bi-pin lamps, except for those with LED technology; (ii) the lamp holders for the lamps reached in point (i); and (iii) fence electrifiers.
- c) To the sources, chargers and transformers that operate with the input and / or output voltages provided in subsection a), and the products mentioned in subsection b) of this article.
This resolution shall not apply to electrical equipment, nor to sources, chargers and transformers to be used with a voltage not included in subsection a) of this article, with the exception of the products mentioned in points (i), (ii) and (iii) of subsection b), nor to that detailed in Annex I, which, as IF-2018-09913486-APN-DNCI#MP, forms an integral part of this measure. ”
ARTICLE 2o.- Incorporate into Res SC 169/18 of the former SECRETARIAT OF COMMERCE, Annex III that, like IF-2019-103505367-APN-DRYPC#MPYT, forms an integral part of this measure.
ARTICLE 3o.- Article 9 of Res SC 169/18 of the former SECRETARIAT OF COMMERCE shall be replaced by the following:
"ARTICLE 9o.- Product safety certification system:
- a) For product safety certification provided for in Article 8 of this measure, System No. 4 of type, or System No. 5 of conformity mark or System No. 7 of batch, the latter where appropriate, may be used. , as established in Article 1 of Re.SCT 197/04 dated December 29, 2004 of the former SECRETARIAT FOR TECHNICAL COORDINATION of the former MINISTRY OF ECONOMY AND PRODUCTION.
- b) In the case of the electrical equipment listed in Annex III, which forms an integral part of this measure, as of January 1, 2020, only System N ° 5 of the conformity mark may be used for certification. ”
ARTICLE 4.- Article 13 of Res SC 169/18 of the former SECRETARIAT OF COMMERCE shall be replaced by the following:
"ARTICLE 13.- Exception to the product safety certification. Sworn declaration of conformity. The electrical equipment that is used appropriately, or that is spare parts or supplies in accordance with these terms are defined in Article 3 of this resolution, shall be exempt from proving compliance with the essential safety requirements by means of the certificate provided. in Article 8 of this measure and it will do so by means of the presentation, by the manufacturer or the importer, of a sworn declaration of conformity before the Commercial Loyalty Department, which will be subject to the following rules:
- a) It will be presented through the Remote Processing Platform (TAD) or the digital system that will replace it in the future.
- b) The sworn declaration of conformity shall conform to the model that the Commercial Loyalty Directorate may determine from time to time, and shall contain, at least, the following:
- A detailed description of the electrical equipment, quantity and its technical specifications.
- A demonstration that the electrical equipment will be used appropriately, and by whom, or that it is spare parts or supplies, as appropriate.
III. The constitution of a physical and electronic address where all notifications will be valid, and which must be kept up-to-date through the SINGLE REGISTRY OF THE MINISTRY OF PRODUCTION (RUMP), or whoever replaces it in the future.
- c) When preparing the sworn declaration of conformity, the manufacturer and / or the importer will assume unlimited and, where appropriate, joint responsibility for the conformity of the electrical equipment with the safety objectives referred to in Article 7 and the Annex II of the present resolution.
- d) With the presentation made by the manufacturer or importer, the Commercial Loyalty Department will issue a certificate of presentation with which the declared electrical equipment will be released by the General Directorate of Customs, if applicable, and may be marketed in the market.
The SUB-SECRETARIAT OF INTERNAL MARKET POLICIES of the SECRETARIAT OF INTERNAL TRADE of the MINISTRY OF PRODUCTION AND LABOR, or the one that in the future replaces it, shall be empowered to communicate reliably to the General Directorate of Customs, dependent on the FEDERAL ADMINISTRATION OF PUBLIC INCOME decentralized body within the scope of the MINISTRY OF FINANCE, the tariff positions corresponding to the products reached by the Standards IEC 60335-1 and IRAM 2092-1, both with their respective parts and that, due to their characteristics, do not admit exception for suitable use according to the provisions of this article. "
ARTICLE 5o.- Join Chapter VI of Res SC 169/18 of the former SECRETARIAT OF COMMERCE, Article 18 ter, which will be drafted as follows:
"ARTICLE 18 TER.- The marketing of the products identified as (i) laptop, (ii) handheld, (iii) video cameras, and (iv) photography camera, containing duly certified files, as indicated Res.SICM 524/98 dated August 20, 1998 from the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, and duly identified, are also supplied with files of other geometries, and which in both cases they have a connector in the power cord according to IEC 60320 with certification.
The power supplies and / or battery chargers of said products must be certified. ”
ARTICLE 6.- Article 34 of Res SC 169/18 of the former SECRETARIAT OF COMMERCE is replaced by the following:
"ARTICLE 34.- This resolution shall enter into force on the SIXTY (60) calendar days counted from the date of its publication in the Official Gazette."
ARTICLE 7o.- Join Chapter III of Res SC 169/18 of the former SECRETARIAT OF COMMERCE, Article 14 bis, which will be drafted as follows:
"ARTICLE 14 BIS.- Monitoring and Impact Evaluation. The Directorate of Technical Regulations and Promotion of Quality of the UNDERSECRETARIAT OF INTERNAL MARKET POLICIES of the SECRETARIAT OF INTERNAL COMMERCE of the MINISTRY OF PRODUCTION AND LABOR may request information from technical agencies, manufacturers and importers, marketers and other acting agencies, which It must be presented through the Remote Procedures Platform (TAD), or the digital system that will replace it in the future, in order to monitor the implementation of this measure and to carry out the impact evaluation provided for in Article 15 of the Res .MP 299/18 dated July 30, 2018 from the former MINISTRY OF PRODUCTION, within a period of up to TEN (10) days from the notification of the request for said information. ” ARTICLE 8o.- This measure will take effect from the day following its publication in the Official Gazette.
ARTICLE 9 .- Communicate, publish, give yourself to the NATIONAL ADDRESS OF THE OFFICIAL REGISTRY and file.
Ignacio Werner