Now that mandatory low-voltage requirements are the
law in Argentina, manufacturers must ensure conformity or be denied access to this market.
In
recent years, many electrical equipment manufacturers
have become accustomed to supplying to the various markets
in South America, which has been relatively unhindered
by regulations. Today, however, several countries in this
region are considering enacting mandatory certification
requirements. In Argentina, almost all low-voltage electrical
equipment has been covered by the mandatory requirements
of Resolution 92/98 of the State Department of Industry,
Commerce, and Mining since August 1998.
Before 1998 in Argentina, compliance with low-voltage
electrical safety requirements was mandated for only a
limited range of electrodomestic products. The new regulation
is much wider in scope, as many manufacturers have already
discovered by having noncompliant equipment impounded
by Argentine customs.
Resolution 92/98 covers all low-voltage electrical devices,
equipment, or appliances that have a nominal voltage up
to 1000 V ac or 1500 V dc. All products sold in Argentina
that have an external power supply must meet the requirements
of Resolution 92/98 with respect to the power supply.
The main piece of equipment, provided it is rated below
50 V, does not require electrical safety certification.
The resolution establishes the essential requirements
for compliance and sets out the procedures and time scales
for safety certification of low-voltage electrical products.
It is the responsibility of manufacturers, importers,
distributors, and suppliers to ensure the certification
of their products by demonstrating that they meet the
essential safety requirements in place at that time. Failure
to demonstrate compliance can result in having equipment
held by customs.
Essential Requirements
The essential requirements defined in the resolution
are grouped into three categories: general conditions,
protection against harm originating from the electrical
equipment itself, and protection against harm originating
from external influences on the electrical equipment.
According to the resolution, reference can be made to
national technical standards, such as those produced by
Instituto Argentino de Normalización (IRAM), Argentina's
leading standards-writing and certification organization,
or to international standards, such as those of the IEC,
for the purpose of demonstrating safety compliance.
General Conditions. Any instructions for
use that must be observed in order to ensure safe operation
should appear on the equipment itself. If this is not
possible, these should appear on an instruction sheet
supplied with the equipment. In both cases, these instructions
must be in the national language.
The equipment must be marked with the manufacturer's
name or registered trademark and address, the name and
address of the local distributor or importer, and the
name or model number of the equipment. If this is not
possible, the manufacturer's name or trademark and the
equipment's model number must be marked on the equipment
itself, and the other details must appear on the packaging.
The equipment and its constituent parts must be manufactured
in a way that guarantees that it can be connected safely
and correctly.
The isolation class must be adequate for the intended
use and the conditions of use of the equipment. Isolation
classes 0 and 01 are forbidden.
Protection against Harm Originating from the Electrical
Equipment Itself. The design and manufacture of the
equipment must ensure that people and domestic animals
are adequately protected from the risk of injury or damage
caused by direct or indirect contact with the equipment.
The design of the equipment must also not produce dangerous
temperatures, arcs, or emissions.
The design and manufacture of the equipment must ensure
that people, goods, and domestic animals are suitably
protected against any nonelectrical risks that the equipment
might present.
Protection against Harm Originating from External
Influences on the Electrical Equipment. The equipment
must meet all applicable mechanical requirements that
are intended to prevent harm to people, goods, and domestic
animals.
The equipment must resist all nonmechanical influences
likely to be encountered under the environmental conditions
for which it is intended, in order to protect people,
goods, and domestic animals from harm.
The electrical equipment must not endanger people,
goods, or domestic animals in overvoltage conditions.
Transitional Plan
Argentina's three-year implementation plan for Resolution
92/98 provides a transition period for electrical and
electronic equipment manufacturers before their products
must display a safety certification mark issued by a certification
body accredited by the Organismo Argentino de Acreditación
(OAA), the Argentine accreditation body.
The resolution allows for three implementation stages,
which vary depending upon the class of equipment (Table
I).
Product Type |
Electrical Materials and Wiring Devices
Rated below 63 A Rated below 50 Vand from 50
to1000 V ac or 50 to 1500 V dc
|
Household Electrical Appliances
A Rated below 50 Vand from 50 to1000 V ac or 50 to
1500 V dc |
Electronic Apparatus A Rated below
50 Vand from 50 to1000 V ac or 50 to 1500 V dc |
Electrical and Electronic Products
Rated below 50 V and greater than 63 A (covered under
Dispositions 1009 and 34) |
Stage One: Self- Declaration |
August 18, 1998 |
August 18, 1998 |
August 18, 1998 |
August 18, 2000 |
Stage Two: Type Certification |
February 18, 1999 |
April 18, 1999 |
September 18, 1999 |
August 18, 2001 |
Stage Three: Conformity Mark |
February 18, 1999 |
April 18, 2000 |
June 18, 2000 |
August 18, 2002 |
| Table I. Three-stage implementation
of Resolution 92/98. |
Stage One: Declaration of Conformity. In this
phase, the manufacturer or importing company must present
the Dirección Nacional de Comercio Interior (State
Office for Home Trade) with a Declaration of Conformity
(DoC) to the essential safety requirements of Resolution
92/98.
The declaration, consisting of three pages, must be in
Spanish and must conform to the example that is included
in the resolution. An electronic copy of the declaration
is available from the State Office for Home Trade. English
translations of Resolution 98/92 and of the DoC, along
with guidelines on how to complete the declaration, can
be obtained by e-mailing info@icc-uk.com.
For imported equipment, the declaration must be presented
for every shipment, even though the information on the
declaration is the same as that for previous shipments.
Each declaration must indicate the quantity of equipment
contained in that shipment. Any low-voltage electrical
equipment entering customs will be stopped unless evidence
can be provided that the DoC has been presented to the
State Office for Home Trade.
The State Office can usually provide the necessary information
to customs. A copy of the declaration must be kept by
the distributors and suppliers of the equipment so it
may be produced upon request.
For most equipment types, the resolution has already
entered stage two of the transitional process. This means
the only products that will need to follow stage one in
the future are those electrical and electronic products
rated below 50 V and greater than 63 A. Disposition 1009
has delayed the inclusion of these products into stage
one of the resolution until August 2000.
Stage Two: Certificate of Conformity to Type.
After the previous stage has been completed, and for a
period of one year, a Certificate of Conformity to Type
must be presented to the State Office for Home Trade.
This certificate must be issued by a certification body
accredited by the OAA. IRAM is currently the only certification
body accredited by the OAA to issue Certificates of Conformity
to Type and also safety certification under the conformity-marking
scheme. IRAM can be contacted at the following address:
IRAM (Instituto Argentino de Normalización), Peru
552-556, 1068 Buenos Aires, Argentina; e-mail: iramelec@sminter.com.ar.
Granting of the certificate is based on tests
carried out by an accredited laboratory on product samples
that are selected by the certification body and that are
representative of normal production. These tests are performed
against national (IRAM) or international (IEC) standards
to demonstrate compliance with the essential requirements
detailed.
The certification body will periodically take product
samples from the manufacturing premises or from the market
to confirm that the manufacturer is continuing to fulfill
the obligations resulting from the original Certificate
of Conformity to Type.
In the case of imported products, a Certificate of Conformity
to Type issued by a foreign certification body may be
presented, providing that mutual recognition agreements
have been established with a national certification organization
accredited by the Argentine accreditation body.
On February 23, 1999, Underwriters Laboratories (UL)
signed a Memorandum of Understanding with IRAM. Under
this memorandum, IRAM will accept test reports for products
evaluated by UL that bear one of UL's family of certification
marks, such as a UL, DEMKO (the Danish testing agency),
or Underwriters' Laboratory of Canada (ULC) mark, thus
avoiding any further in-country safety testing. The UL
test reports have to be revalidated in Argentina by a
recognized laboratory, but IRAM will handle this on behalf
of the foreign manufacturer.
IRAM will also accept test reports from the Canadian
Standards Association (CSA), as long as an IEC standard
is specified in the test report. If this is not possible,
IRAM will accept the report as long as the CSA produces
a declaration to say that the standard it tested against
is equivalent to an IEC standard.
See "Mutual Recognition Agreements" sidebar for a list
of foreign certification organizations with which IRAM
has established mutual recognition agreements for the
purpose of product safety certification. Safety test reports
from such organizations will be accepted by IRAM, avoiding
further testing, provided that they are revalidated by
a recognized Argentine laboratory. The only institutions
whose test reports do not require further validation are
LCIE of France and CESMEC of Chile.
IRAM will take a maximum of 30 days to review the application
forms and test reports in order to issue Certificates
of Conformity to Type. IRAM's costs are currently $700
(US) for one product family; $1000 (US) for two product
families; and $200 (US) for each additional product family.
These fees are applicable to each submittal. In addition
to the fees above, there is a $300 (US) inspection fee
(normally paid by the importer) to carry out a visit to
the importer's warehouse, with the purpose of checking
that the imported products are identical to the ones detailed
in the relevant test reports. This amount is applied assuming
that the inspection can be performed in half a day. If
the inspection requires more time, there is an additional
$500 (US) fee for each complete inspection day. A copy
of the certificate must be kept by the distributors and
suppliers. There will be no safety certification mark
required during this stage.
Stage Three: Product Certification and Marking Scheme.
In this final stage, all products covered by the resolution
must have a product certificate issued under a conformity
marking scheme aligned with the model described in ISO/IEC
28 (IRAM 354) and issued by an Argentine accredited certification
body.
Alternatively, the equipment could be certified under
a marking scheme by a foreign certification body, provided
that it has established mutual recognition agreements
with an accredited Argentine body. Such a mutual recognition
agreement must cover the assessment of equipment and accompanying
technical documentation to ensure the validity and scope
of the certification.
Under this final stage, all equipment will be
checked to ensure that it is marked with the appropriate
safety mark when arriving in customs. The national safety
mark has not yet been defined and will be the subject of
future legislation.
Temporary Exemptions and Other Amendments
The State Office for Home Trade published Disposition
1009 on August 19, 1998. This disposition contained comments
on Resolution 92/98 and established several articles to
clarify its enforcement.
To take greater advantage of available resources, the
State Office for Home Trade decided that it would be preferable
to allow additional time for certain types of equipment
to meet the requirements of the resolution. It was also
decided that there should be a transitional period in
which manufacturers and importers would have the opportunity
to prove compliance with the regulations after the arrival
of the equipment in customs, if compliance had not been
ensured prior to shipping.
Temporary Exemptions. Disposition 1009 postponed
the enforcement of Resolution 92/98 for all electrical
or electronic products designed for use with voltages
less than 50 V or nominal currents greater than 63 A until
August 18, 2000.
During the following year, those responsible for placing
this equipment on the Argentine market will have to present
the DoC, established in stage one of the resolution, to
the State Office for Home Trade.
After August 18, 2001, these products will become fully
integrated into the transitional procedures established
by Resolution 92/98 and will be subjected to either the
second or third stage of its implementation.
Mutual Recognition Agreements
Instituto Argentino de Normalización
(IRAM) has established mutual recognition agreements
with the following certification organizations:
1.UL: United States
2.ITS: United States
3.CSA: Canada
4.ANCE: Mexico*
5.INTECO: Costa Rica*
6.ICONTEC: Colombia*
7.UCIE: Brazil*
8.CESMEC: Chile
9.UNIT: Uruguay*
10.ASTA: United Kingdom
11.AENOR: Spain
12.LCIE: France
13.IMQ: Italy
14.VDE: Germany
15.KEMA: Netherlands
16.CEBEC: Belgium
17.DEMKO: Denmark (through
UL)
18.SEMKO: Sweden (through
ITS)
19.SEV: Switzerland
20.NEMKO: Norway
21.ÖVE: Austria
22.FIMKO: Finland
23.PSB: Singapore
24.JET: Japan
25.JQA: Japan
26.QAS: Australia**
27.TÜV Rheinland
(Germany, North America, and Asia)**
28.TÜV Product
Service
*Agreements 4, 5, 6, 7, and
9 don't include Type Certification.
**Agreements 26 and 27 include
only Type Certification.
|
Other Exemptions. Components intended to be integrated
through a manufacturing or assembly process into a product
covered by the same legislation are not to be subject
to the requirements of the directive when they enter the
country. If they are to be sold on the internal market,
however, they must meet the requirements of the resolution.
This exemption also applies to those products that come
into the country under a temporary import permit, such
as product test samples.
Procedure for Noncompliant Equipment Arriving in Customs.
In cases where the State Customs Office verifies lack
of compliance with the resolution's requirements, it will
be possible to release the merchandise "without permission
to be used" (under the terms of Law No. 22.802), as long
as the importer takes the necessary steps to rectify the
situation.
To take the steps, the importer must inform the State
Office for Home Trade, by means of a sworn declaration,
of the quantity and type of merchandise, its country of
origin, and the place where it will be stored until it
is brought into compliance with the regulations that are
in force.
Within 60 days following the withdrawal of the
merchandise under the conditions described, the importer
must make the Declaration of Conformity to Type, or obtain
a Certificate of Conformity, and present it to the State
Office for Home Trade, which will authorize the release
of the merchandise for sale and subsequent use, within 10
days of receipt of the correct documentation.
Mandatory Regulations
Low-voltage equipment manufacturers who wish to
do business in Argentina must understand that the rules
for market entry have definitely changed. Since 1998, compliance
with the requirements outlined in Resolution 92/98 is mandatory
for any product sold in Argentina. Manufacturers must begin
now to take the necessary steps to follow the transitional
plan for conformity outlined in the resolution.
Helen Jones is the South American expert at InterConnect
Communications (Chepstow, UK; http://www.icc-uk.com).
InterConnect offers global conformity assessment services
to manufacturers of radio and telecommunications terminal
devices throughout South America, Eastern Europe, Asia,
the Middle East, Europe, and Russia.
Illustration by James Schlesinger