Through Resolution 1038/2021 (“Resolution“), published on 12 October 2021, the secretary of Internal Trade modified Resolution 169/2018, regulating the electrical safety regime applicable to electrical equipment sold in Argentina.
In 2019, through Decree 274, the Argentine executive empowered the secretary of Internal Trade to establish security requirements and quality standards that must be met in order to allow the circulation of goods and services in the Argentine domestic market. Hence, through Resolution 169/2018 (and amendments), the secretariat established requirements for low-voltage electrical equipment.
Through the Resolution, the secretary of Internal Trade modified some of the requirements of Resolution 169/2018.
Like the resolution it modifies, the Resolution prohibits the import and sale of electrical equipment that does not comply with the essential safety requirements detailed in the Resolution. A corresponding product safety certificate, or an exemption from it, as appropriate, will evidence compliance with these requirements.
Below, we provide details of the main changes that the Resolution will achieve:
- The scope of Resolution 169/2018 is broadened to include certain electrical equipment, used with a voltage not covered by regulations, but now included in its scope for safety purposes.
- It adopts definitions and indications to avoid mistakes that affect its application.
- It modifies oversight systems, establishing the criteria that the technical agencies (Organismos Técnicos) must consider in order to achieve standardization of oversight test requirements
- It determines the new list of products that must be certified by certification system No. 5 (conformity mark). The deadline to proceed with certification under system No. 5 will be 270 calendar days from the date when the Resolution comes into force.
- It provides that the following items must have the corresponding certificate within 365 calendar days from the date the Resolution comes into force: a) manual tools; transportable and garden and lawn machinery powered by electric motors; b) manual devices for skin and hair care (e.g., razors, massage equipment); and c) electric kitchen equipment that processes or liquefies food or beverages.
- It makes adaptations to manufacturers’ obligations.
- It modifies the conditions for transferring and extending product safety certificate. Holders of new or extended certificates must present: a) certified copy of transfer or extension documents; and b) in the case of extension, they must submit to the technical agency the technical sheet of the product and complementary documentation, if necessary. Meeting these requirements is evidence that the goods sold are the same as certified by the original holder of the certificate.
- In order to establish equal conditions between consumers in physical and digital environments, the Resolution establishes that products sold via the internet, must indicate the certificate number and the technical agency that issued it. This is an obligation for the suppliers that use their own sales websites as well as for owners of websites that act as intermediaries in the consumer relationship.
This requirement will become mandatory 120 calendar days after the date when the Resolution comes into force.
- It defines the type of Conformity Assessment System applicable to the recognition of technical agencies (of certification, inspection or laboratory) that will issue certificates of conformity, reports or certificates of inspection, or test reports.
Violations of the provisions of the Resolution will be sanctioned in accordance with Decree 274/19, Law No. 24,240 (and amendments) and the Customs Code.
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