Article 4: Published after the continuation of the
present Decision, the entire text of the Decision on the Andean System of
standardization, Accreditation, Testing, Certification, Technical Regulations
and Metrology, with the modifications introduced here. To this end, substitute
all mentions made in the referred-to Decision to the Board of the Cartagena
Agreement by the General Secretariat of the Andean Community, and correct the
numbering of the Agreement's articles.
Given in the city of Lima, Peru, on the thirtieth day of the
month of July in the year nineteen hundred and ninety-seven.
System of Standardiza-tion, Accreditation, Testing,
Certification, Technical Regu-lations and Metrology
THE COMMISSION OF THE ANDEAN COMMUNITY
CONSIDERING: Articles 51, 55, 72 and 73 of the Agreement,
Decision 180 of the Commission and Proposal 271 of the Board;
WHEREAS:
During the Thirtieth Period of Extraordinary Sessions of the
Commission, held from July 6 to 9, 1983, the Andean Subregional System for
Coordination of Activities of Technical Standardization, Certification of
Quality and Metrology was created, approved by Decision 180 of the Commission
of the Cartagena Agreement;
Given the advance made in the Andean integration process and
considering the new developments in the treatment of Standardization,
accreditation, Testing, certification, technical regulations and metrology, as
well as in the regulation of technical restrictions on trade, it becomes
necessary to establish a wider normative framework;
In addition, the Standardization, accreditation, Testing,
certification, technical regulations and metrology constitute tools essential
for the development of the Subregion, in view of the fact that they foster
progressive improvement in the quality of products and services that are
interchanged in international trade, and for the protection of health, safety,
the environment and consumer protection;
For proper treatment of the terms indicated in the previous
paragraph, it is advisable to initiate a gradual harmonization process; and
It is necessary, moreover, to ensure that the measures that
are adopted by the Member Countries in the cited matters are applied in such a
way so as not to constitute a means of discrimination or a blanket restriction
on trade;
HEREBY DECIDES
CHAPTER I
SYSTEM, OBJECTIVES AND ADMINISTRATION
Article 1: To create the Andean System of
Standardization, Accreditation, Testing, Certification, Technical Regulations
and Metrology, which shall be governed by the terms set out in the present
Decision and which shall hereafter be called the System.
Article 2: The object of the System is to facilitate
intra-subregional trade, through the improvement of the quality of products and
services, and the removal of technical restrictions to trade.
Article 3: In order to attain the objective indicated
in the preceding article, the System:
a) Shall coordinate, develop and harmonize at a
subregional level, the activities standardization, testing, accreditation,
certification, technical regulations and metrology within the priorities of
the integration process;
b) Shall supply the technical elements required for the
consideration or approval of technical regulations;
c) Shall consider, within the development of its
activities, those aspects regarding safety, health, environment
preservation and consumers protection; and,
d) Shall project, at a regional and international level,
the progress made by the Andean Group in this field, and promote the
entering into international covenants and agreements.
Article 4: The standardization, accreditation,
testing, certification, technical regulations and metrology activities,
comprised by the System, shall be applicable to all the products and services
made or traded in the Subregion, without considering the phytosanitary and
zoosanitary aspects, or other aspects already ruled by a particular Decision.
These activities shall be coordinated with the Competent National Bodies
appointed by law in each Member Country.
Article 5: To support the activities of the System,
the subregional Committee of Standardization, Accreditation, Testing,
Certification, Technical Regulations and Metrology, is hereby created, and
shall be hereinafter referred to as the Committee.
Article 6: The Committee shall be formed by a main
and a deputy representative from each Member Country, both of them accredited
before the General Secretariat of the Andean Community by the Liaison Bodies.
Its operating shall be ruled according to the provisions in Annex I.
Ad hoc Committees could be formed to deal with
specialized issues connected to this Decision, the same which shall be ruled by
the provisions in Chapter III of Annex I.
CHAPTER II
GENERAL PROVISIONS
Article 7: The standards, technical regulations and
procedures for the evaluation for conformity which the Member Countries make,
adopt, apply, or maintain, shall not have the objective of effect to create
technical obstacles to intrasubregional trade.
Article 8: Should a Member Country consider that a
technical regulation, obligatory technical standard, conformity evaluation
procedure, obligatory certification or any other equivalent measure that has
been adopted or is intended to be adopted by a Member Country, constitutes a
restriction on trade in accordance with the terms established in Article 72 of
the Agreement, it may enter into consultations with the Member Country that has
adopted, adopts or intends to adopt the measure, to request the technical
intervention of the Committee or even to resort to the General Secretariat of
the Andean Community so that same pronounce themselves in agreement with the
terms set out in Article 73 of the Cartagena Agreement. For their part, private
interested parties may similarly resort to the General Secretariat of the
Andean Community for same to pronounce itself in agreement with the terms set
out in Article 73 of the Cartagena Agreement.
The holding of consultations, the technical intervention of
the Committee or the pronouncement by the General Secretariat may not exceed
thirty working days from the date of reception of the corresponding request. In
the event that the consultations or the intervention of the Committee does not
resolve the matter within the period indicated or resolves it only partially,
the Member Country or interested party may present the same case to the General
Secretariat of the Andean Community.
When considering the case, the General Secretariat may
request the technical opinion of the members of the Committee or of the
corresponding ad hoc Committees. In the event that the General
Secretariat finds that there exists a restriction on trade, it shall order the
removal of the measure.
Article 9: Under this Decision, the Member Countries
shall give those products which are original from, and services provided by,
another Member Country a non less favorable treatment than that given to
similar national products or services, or to products and services from third
countries.
CHAPTER III
STANDARDIZATION
Article 10: The Member Countries shall gradually
harmonize the national standards in force in each country or adopt those which
they consider of subregional interest. This process shall result in Andean
standards, which shall be communicated by the General Secretariat of the Andean
Community, so that they become official.
Article 11: Each Member Country shall notify the
other Member Countries through the General Secretariat of the Andean Community,
of the commencement of any activity leading to the publication of a standard,
as well as the text thereof, once it has been elaborated.
Article 12: The Member Countries shall use, as
reference, international, regional or national standards from other countries
in their standard adoption process. Without prejudice to the aforementioned,
they shall be able to elaborate standards which are of national interest.
Article 13: The procedures of the harmonization,
elaboration, notification, modes of registration and structure of Andean
Standards shall be established by the Committee and communicated to the General
Secretariat of the Andean Community, so that they become official.
Article 14: The Andean Standardization Network is
hereby created. It shall be formed by the National Standardization Bodies from
the Member Countries. The regulations for the operating of the Network's shall
be established by the Committee and communicated to the General Secretariat of
the Andean Community, so that they become official.
CHAPTER IV
ACCREDITATION
Article 15: The National Accreditation Bodies from
the Member Countries shall be in charge of authorizing those laboratories,
certification bodies, inspection entities and persons whose services shall be
subregionally acknowledge.
In order to guarantee the technical competence of the
National Accreditation Bodies, these should comply with the procedures
established by the Committee and communicated to the General Secretariat of the
Andean Community, so that they become official. The said procedures shall be
elaborated in accordance with internationally accepted standards.
Article 16: The National Accreditation Bodies shall
establish supervision mechanisms which guarantee the reliability of the results
of the bodies accredited thereby. The said mechanisms shall not have the
objective or effect of creating technical restrictions to trade.
Article 17: The Andean Network of National
Accreditation Bodies is hereby created. The regulations for the opening of the
Network shall be established by the Committee and communicated to the General
Secretariat of the Andean Community, so that they become official.
Article 18: Each Member Country shall notify the
other Member Countries, through the General Secretariat of the Andean Community,
about the National Accreditation Bodies as well as the bodies and people
accredited thereby, indicating the corresponding scopes.
CHAPTER V
TESTING
Article 19: he Member Countries and the General
Secretariat of the Andean Community shall identify the existing testing
capabilities and promote their action for the development of the trade of
products and services, as well as for the improvement of industrial production.
Article 20: The Andean Network of Testing
Laboratories is hereby created. It shall be formed by the laboratories
accredited by the National Accreditation Bodies.
The regulations for the operating of the Network shall be
established by the Committee and communicated to the General Secretariat of the
Andean Community, so that they become official.
CHAPTER VI
CERTIFICATION
Article 21: The Member Countries shall use the
internationally acknowledged certification systems, in order to facilitate
productive, commercial, and consumer information processes. With regard thereto,
the criteria for the application of the said certification systems shall be
harmonized, in such a way that they guarantee the acknowledgement of the
certificates of conformity in the Subregion.
Article 22: In order to guarantee the technical
competence in the certification and trade dispute procedures, the certifiers
authorized by the National Accreditation Bodies shall necessarily use
accredited laboratories.
Articles 23: The General Secretariat of the Andean
Community shall set up a Register of certifying bodies, accredited by the
National Accreditation Bodies.
Article 24: The Andean Network of Accredited
Certification Bodies is hereby created. The regulations for the operating of
the Network shall be established by the Committee and communicated to the
General Secretariat of the Andean Community, so that they become official.
CHAPTER VII
TECHNICAL REGULATIONS
Article 25: The Member Countries shall gradually
harmonize the technical regulations in force in each Member Country. The Andean
technical regulations which result from this harmonization shall be
communicated to the General Secretariat of the Andean Community by the
Committee, so that they become official.
Article 26: The Member Countries shall be able to
maintain, elaborate or apply technical regulations regarding safety; life
protection; human, animal and plant health; and, environmental protection.
These shall be defined in accordance with the properties of use and employment
of the products and services they refer to.
Additionally, they shall be able to elaborate technical
regulations based on the design and descriptive characteristics, as long as
these are connected to the use and employment.
Likewise, the technical regulations shall specify the
products they refer to, indicating their classification, requirements,
procedures, and national bodies in charge of looking after their fulfillment.
Article 27: The procedures for the harmonization,
elaboration, modes of notification and previous consultation, as well as the
structure and terms of application of the national or Andean technical
regulations shall be established by the Committee and communicated to the
General Secretariat of the Andean Community, so that they become official.
CHAPTER VIII
METROLOGY
Article 28: The Member Countries and the General
Secretariat of the Andean Community shall identify the existing metrology
capabilities and promote their action for the development of the trade of
products and services, as well as for the improvement of industrial production.
Article 29: The Andean Metrology Network is hereby
created. It shall be formed by institutions or organizations which carry out
metrology activities as well as by calibration laboratories accredited by the
National Accreditation Bodies. The regulations for the operating of the Network
shall be established by the Committee and communicated to the General
Secretariat of the Andean Community, so that they become official.
Article 30: The Member Countries shall harmonize the
metrological standards, regulations and procedures which support the
traceability of the calibration patterns and systems at the Andean level.
The harmonization procedures shall be established by the
Committee and communicated to the General Secretariat of the Andean Community,
so that they become official.
Article 31: The Member Countries adopt the
International System of Units as the Official System of Units of Measure in the
Andean Subregion. With regard thereto, they shall propitiate activities, in
coordination with the General Secretariat of the Andean Community, for its
diffusion and full application in all sectors of public and private activity.
CHAPTER IX
NOTIFICATIONS
Article 32: Each Member Country shall notify all the
other Member Countries through the General Secretariat of the Andean Community
of the new technical regulations, obligatory technical standards, conformity
evaluation procedures, obligatory certifications and any other equivalent
obligatory measure it intends to adopt, at least ninety days before the
application of said measures on intra-subregional trade of products. The
notification within the indicated period, shall be a necessary requisite to
demand its compliance by other Member Countries comply with it.
In urgent cases, Member Countries may adopt technical
regulations, obligatory technical standards, conformity evaluation procedures,
obligatory certifications or other equivalent obligatory measures, without
adhering to the period referred to in the previous paragraph. In these cases,
the Member Country that adopts the measure shall immediately notify the other
Member Countries through the General Secretariat of the Andean Community.
In any case, the Member Country that applies the measure
shall, without discrimination, give the other Member Countries the possibility
of formulating written observations, holding consultations on them if they so
wish, and take into account these written observations and the results of said
conversations.
Once the urgency ceases and in any case within a period not
to exceed twelve months after the issuance of a measure of urgency, the Member
Country that applies the measure shall derogate it to permit the free flow of
trade.
Article 33: Member Countries and the General
Secretariat of the Andean Community may request from the notifying Member
Country further information and clarifications they deem pertinent, regarding
the measures notified. The notifying Member Country shall supply such
information and clarifications that are necessary to the one requiring same. In
the event that the information or clarification shall have been required by a
Member Country, the notifying country shall inform on the results of the
consultation with the General Secretariat.
Likewise, as covered in the previous paragraph, the Member
Countries and the General Secretariat may request further information or
clarifications they deem pertinent, regarding internal measures that do not
require to be notified, for the purposes of determining their possible effects
on intra-subregional trade of products.
CHAPTER X
FINAL PROVISIONS
Article 34: The Member Countries shall be able to
enter into agreements among themselves, as long as the objective or effect
thereof is to promote, perfect, harmonize, or achieve the automatic
acknowledgement of the systems, regulations, procedures and consultation
mechanisms, in accordance with the provisions herein. The said agreements shall
be open to the participation of the other Member Countries.
Article 35: The Andean Training Program shall be
established, so as to train and qualify the human resources which support the
operation of the System.
Article 36: The Information and Registration Center
for standards, technical regulations, procedures for the evaluation for
conformity, entities of the System, as well as for other legal provisions and
general information which may be pertinent for the objectives pursued by the
System, is hereby created.
Article 37: The terms used in this Decision shall be
defined according the Glossary in Annex II.
Article 38: Have Decision 180 derogated.
CHAPTER XI
TRANSITORY PROVISION
Article 39: The Committee shall establish the
procedures for harmonization, elaboration of Andean standards, regulations,
accreditation of bodies and people, opening of Andean registers, certification,
establishment of Andean Networks; and other actions necessary to develop what
has been established in this Decision, within a twelve month term, counted as
from the date of its publication.
ADDENDUM 1
REGULATIONS OF THE ANDEAN COMMITTEE FOR STANDARDIZATION,
ACCREDITATION, TESTING, CERTIFICATION, TECHNICAL REGULATIONS AND METROLOGY
Article 1: The Committee shall be chaired by the
principal representative of the country that is exercising the Chairmanship of
the Commission during the corresponding period.
1. Functions
Article 2: Following are the functions of the
Committee:
a) To support the System's arrangements;
b) To counsel the General Secretariat of the Andean
Community on aspects related to the System;
c) To establish coordination, cooperation and
harmonizing mechanisms, proper to achieving the System's objectives;
d) To establish and coordinate development of the
harmonizing of programs of matters dealt with in the present Decision;
e) To define periodical auditing procedures of National
Accreditation Bodies; such procedures shall be issued by the General
Secretariat of the Andean Community through resolutions;
f) To set up Working Groups to study specific technical
aspects that so require;
g) To analyze the reports of the Working Groups and make
recommendations they deem advisable, which shall preferably be adopted by
consensus or, should no agreement on same be reached, by a voting procedure;
h) To recommend the dates and places for holding the
ordinary and extraordinary meetings of the Committee and to approve the
agenda of same;
i) To issue technical opinions at the request of the
General Secretariat of the Andean Community in the event that differences
arise between Member Countries at the time of applying the present Decision;
j) To coordinate, advance and foster actions of
dissemination and promotion, tending to favor the achievement of the
objectives aimed at in the present Decision;
k) To promote the application of norms and procedures
for evaluating the conformity of the Member Countries;
l) To formulate proposals and to adopt joint positions
that are of interest to the Member Countries, to be presented to regional
and international forums which deal with issues related to this Decision;
and
m) Other matters that arise from the present Decision or
by Commission mandate.
Article 3: It is up to the Chairman of the
Committee:
a) To convoke the Committee's ordinary and extraordinary
meetings when the circumstances so require;
b) To verify the quorum of at least three Member
Countries to open the Committee session;
c) To propose the agenda for the meeting;
d) To propose the constitution of Working Groups, to
define their functions and that of the members comprising same, and to fix
the latest date for holding the meetings;
e) To propose to the Committee the annual work place and
to coordinate its execution;
f) To represent the Committee in cases that are
delegated to it; and
g) Other matters assigned to the Committee.
