WHEREAS:
Community provisions favor the removal of
unnecessary technical barriers to trade
resulting from the application of regulations,
technical standards and compliance evaluation
procedures by a Member Country to the
detriment of other Member Countries;
There are
different requirements and terms between
regulations, technical standards and
compliance evaluation procedures in place in
the Member Countries;
A process has
been instituted to harmonize such technical
regulatory instruments, in accordance with the
provisions of Decision 419, which approved the
Andean Standardization, Accreditation, Testing,
Certification, Technical Regulations and
Metrology System;
As progress is
made in such a process, it is convenient to
adopt a mechanism which will simplify
compliance evaluation activities by the Member
Countries;
The possibility
of duplication of such activities, as well as
their associated delays, could produce
increases in the price of the products
involved in trade within the Andean Community,
thus affecting the competitiveness of the
exports of Member Countries; and,
It is necessary
to provide legal assurance so that once the
products have been verified or certified by
the accredited organizations of the Member
Countries, they will have access to the
markets of the other Member Countries without
the need of additional compliance evaluation
procedures;
DECIDES:
CHAPTER I
DEFINITIONS
Article 1.-
For the purposes of this Decision, in addition
to the definitions set forth in the World
Trade Organization’s Agreement on Technical
Barriers to Trade (WTO - TBT), in Decision 419
and those internationally accepted by the
International Standards Organization (ISO/IEC
2 Guide), the following definitions shall
apply:
Accredited
Certification Organization:
Product Certification Body accredited by the
National Accreditation Organization to carry
out product certification activities in one or
more specific fields.
Recognized
Certification Organization:
Product Certification Body recognized by a
competent national authority to carry out
product certification activities in one or
more specific fields, where there is no
Accredited Certification Organization.
CHAPTER II
SCOPE
Article 2.-
This Decision will be applied to the automatic
recognition and acceptance by Member Countries,
of Compliance Certificates for products
subject to Technical Regulations or Technical
Standards which are mandatory in the
destination country, issued by accredited or
recognized Certification Organizations
included in a register of such entities to be
kept for these purposes by the General
Secretariat. This register shall be
automatically updated by the pertinent notices
served by any of the Member Countries through
the General Secretariat.
Member Countries
shall immediately notify any changes made with
respect to their accredited or recognized
organizations.
This Decision
shall also apply to the automatic recognition
and acceptance by Member Countries, of
Manufacturer’s Declarations, whenever admitted
by the mandatory compliance Technical
Regulations or Technical Standards in the
destination country.
Article 3.-
This Decision shall
also apply to the automatic recognition and
acceptance by Member Countries, of the
Compliance Certificates referred to in Article
5, issued on the basis of the Technical
Regulations or Technical Standards which are
mandatory in the country of origin whenever
admitted by the mandatory compliance Technical
Regulations or Technical Standards in the
destination country.
Article 4.-
This Decision does
not include health, phytosanitary, zoosanitary
or other aspects regulated through specific
community provisions.
CHAPTER III
COMPLIANCE CERTIFICATES
Article 5.-
The product Compliance Certificates referred
to by this Decision must include product
identification and the manufacturer’s name.
These certificates are as follows:
a) Original
lot certificate with the authorization for
the product to enter the country for one
year, regardless of the quantity or
frequency.
b) Compliance
Mark or Seal, which will allow the product
to enter the destination country while the
seal or mark is in force, in accordance with
the conditions of its issuing, regardless of
the quantity or frequency.
c) Certificate
of Type, whenever admitted by the mandatory
compliance Technical Regulations or
Technical Standards in the destination
country, to allow the product to enter the
destination country, provided that the
certificate prototype design and conditions
are not changed, regardless of the quantity
or frequency.
d)
Manufacturer’s Declaration, whenever
admitted by the mandatory compliance
Technical Regulations or Technical Standards
in the destination country.
Article 6.-
The manufacturers of
the product subject matter of Certification or
Declaration shall be responsible for
maintaining the technical conditions certified
in the exported products, without prejudice to
the responsibility of the Certification
Organizations which evaluated such products,
in accordance with the type of certification
issued.
Non-compliance
with the provisions of this Article shall be
considered grounds for the suspension of the
authorization and shall be sanctioned,
indistinctly, in accordance with the internal
legislation of the exporting Member Country or
the importing Member Country, following a
procedure that will guarantee the right to
defense.
Whenever a
sanction is final, it will be immediately
communicated to the General Secretariat and to
the other interested Member Country.
CHAPTER IV
COMPLEMENTARY PROVISIONS
Article 7.-
Notwithstanding the provisions of this
Decision and pursuant to Article 25 of
Decision 419, Member Countries shall harmonize
their mandatory compliance Technical
Regulations and Technical Standards, so as to
facilitate the mutual acceptance of product
certificates and manufacturer’s declarations.
Article 8.-
The corresponding customs authorities of the
Member Countries may not stop, at the border,
due to Technical Regulations or Technical
Standards reasons, any goods protected by
manufacturer’s declarations and – at the same
time - the certificates issued by
organizations included in the register
referred to in Article 2.
Article 9.-
The provisions of
this Decision shall not affect the rights to
supervise and inspect any products imported in
accordance with this Decision, by the
Competent National Authorities.
Article 10.-
Member Countries shall make available to
interested parties the list of mandatory
Technical Regulations and/or Technical
Standards applicable to the products covered
by the scope of this Decision.
CHAPTER V
TEMPORARY PROVISION
Article 11.-
Within fifteen (15) days following the
approval of this Decision, Member Countries
shall notify, through the General Secretariat,
the list of accredited and recognized
organizations stipulated in Article 2 of this
Decision.
Given in the
City of Valencia, Venezuela, on June 22, 2001.
