Bs. As., 27/5/94
VISTO Law No. 19.511 and Decrees Nros 1157 of 2 March 1972 and 2284 of 31 October 1991, ratified by Act No. 24,307, and
That the current system of controls imposed under Act No. 19.511 establishes measures that may involve restrictions on the trade in measuring instruments, mainly due to delays in enabling them.
That, therefore, it is necessary to rectify the existing rules and procedures in the field of legal metrology with respect to such controls and, consequently, to the functions assigned to the SECRETARIAT OF TRADE and INVERSIONS of the MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES.
That a new regulation should understand the reality of legal metrology in the ARGENTINA REPUBLIC, without losing sight of world trends.
That self-certification by the manufacturer or importer tends to a more agile and less bureaucratic system, without prejudice to the adoption of other precautions when the Authority of Application deems it appropriate.
It is necessary to interpret the exceptions provided for in article 15 of Act No. 19.511, in the light of the economic deregulation established in Decree No. 2284/91, ratified by Act No. 24.307.
That acceleration also tends to eliminate the costs of the system that do not affect consumers for the benefit.
That the NATIONAL INSTITUTE OF TECHNOLOGY INDUSTRIAL has evidenced responsibility and technical solvency in the performance of the functions that the law agrees on scientific and industrial metrology.
It is desirable to unify technological efforts and means in order to increase the transparency of commercial operations and adequate consumer security.
That this regulation tends to preserve the basic principles of metrology, such as loyalty in business relations, security for users, and the preservation of patterns that avoid undue diversions.
That the Directorate-General for Legal Affairs of the Ministry of Economic Affairs and PUBLICOS has held the view that the proposed measure is legally feasible.
That the present is given in the use of the authority granted by article 86, paragraph 2, of the National Constitution.
THE PRESIDENT OF THE ARGENTINA NATION
RIGHT:Article 1 Artículo The application for approval of the model of regulated measuring instruments, functional groups, complementary devices or variants thereof shall be made by the presentation by the manufacturer, importer or representative of an affidavit that complies with all the specifications and tolerances included in the specific standard for the type of instrument in question. Art. 2o o For the purpose of a correct individualization of the instrument, the affidavit mentioned in the previous article must be accompanied by the following documentation:
(a) Photograph of TRECE by DIECIOCHO CENTIMETROS (13 x 18 cm) at least of the instrument, in general, with and without cover, if applicable;
(b) Metrological characteristics: capacity, sensitivity, number of divisions and operating ranges (tension and temperature); and
(c) Descriptive documentation of the instrument;
de clear and accurate description of the operating mode and its adjustment methods, as well as its mode of operation, calibration and installation;
de schematic drawing (block diagram) of the mode of operation;
s 1:1 scale drawing of the viewer or indicator device with the legends established in the corresponding standard;
; 1:1 scale drawing of the identification sheet and its fixing mode and its location in the instrument;
; description of mechanical components;
. test protocols practiced in compliance with the specific standard.Art. 3o o When the corresponding presentation meets the requirements established and within the TREINTA (30) business days of realization, the NATIONAL DIRECTION OF INTERIOR TRADE of the INTERIOR TRADE SUBSECRETARIA of the SECRETARIAN TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND WORKS AND PUBLIC SERVICES will issue one (1) certificate of approval
; brand and name of the manufacturer;
; model of the approved instrument;
s metrological characteristics of the same;
; number and date of approval;
. corresponding approval code.Art. 4o Primitive verification of any regulated measuring instrument shall be carried out through the affidavit of self-verification presented by the approved model holders regarding compliance with the particular specifications and tolerances, and their correspondence with the approved model. Art. 5o o The submission referred to in the previous article shall include:
; brand and model of the instrument in question;
s metrological characteristics;
. series numbers covered by the statement.Art. 6o o The manufacturer, importer or representative responsible for the marketing of a particular instrument model shall issue UN (1) self-verification certificate by duplicate where it shall consist of:
; manufacturer name, importer or representative;
de tax identification code number (C.U.I.T.);
de registration number in the Register of Manufacturers and Importers of Measurement Instruments;
; brand and model of the instrument;
de model approval code;
de date of manufacture or number of import dispatch;
; manufacturing serial number;
. place and date of issuance of the certificate of self-verification.Art. 7o o The original of the self-verification certificate will be held by the manufacturer, importer or representative while the duplicate will become available to the user who, in case of loss, may request a copy of the same to which he issued it. Art. 8o o The commercialization and use of the regulated measuring instruments lacking some of the formalities provided for in the preceding articles shall be deemed to be in violation of the provisions of articles 8 and 20 of Act No. 19,511, and their perpetrators shall be liable to the penalties provided for by the Act.
Those instruments which, even with the respective primitive self-verification, differ in whole or in part of the corresponding approved model, shall be considered, for the purposes of the application of article 8 of Act No. 19.511, as lacking approval of model and its marketing shall be penalized in accordance with the provisions of the Act.Art. 9o o The use of any regulated measuring instrument that does not comply with the specifications and tolerances established by the regulation shall be penalized in accordance with the penalties established by Act No. 19.511. Art. 10. With regard to the exceptions set out in article 15 of Act No. 19,511, the destination of the measuring instruments for scientific, cultural or technical purposes shall be disclosed by the affidavits submitted to the Implementation Authority by those responsible. Art. 11. For the purposes of the application of the previous article, the practice of measurements on objects, materials or elements that, due to the state of art in the country or to the prevailing uses and customs in the technological field in question, should be carried out in units outside the METRICO LEGAL ARGENTINO SYSTEM (SIMELA). Art. 12. The NATIONAL DIRECTION OF INTERIOR TRADE OF THE INTERIOR SUBSECRETARIA OF TRADE SECRETARIAT AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES may suspend until SESENTA (60) days of the Register of Manufacturers and Importers of Measurement Instruments to those who enter any of the following behavior:
(a) Commercialization of regulated measuring instruments lacking the identification and/or documentation provided for in this Decree;
(b) Have regulated measurement instruments for marketing that do not match the corresponding model approved and/or the specifications and tolerances.
The anomalies found will be documented by minutes. For the purpose of setting the time of suspension, the offences committed, if any, shall be taken into account in the THREE (3) years prior to the same.
La SECRETARIAT OF TRADE AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWORKS AND SERVICES PUBLICOS may have major suspensions of SESENTA (60) days or the exclusion of the Register of Manufacturers and Importers of Measurement Instruments when mediating repetition of the facts described. During the period of suspension or post-exclusion, the sanction may not apply for model approval or issue certificates of primitive self-verification.Art. 13. The NATIONAL DIRECTION OF INTERIOR TRADE OF THE INTERIOR SUBSECRETARIA OF TRADE SECRETARIAT AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND PUBLIC SERVICES, for the realization of the relevant technical tests, may resort to the laboratories of the NATIONAL INSTITUTO OF TECHNOLOGY INDUSTRIAL and its regional centres, as well as other official or private technical agencies with recognized capacity. Except those that are carried out in application of the powers of monitoring of use, all technical tests that are performed in other laboratories will be solved by the applicant of the respective procedure. Art. 14. The NATIONAL DIRECTION OF INTERIOR TRADE OF THE SUBSECRETARIA FOR INTERIOR TRADE SECRETARIAT AND INVERSIONS OF THE MINISTERY OF ECONOMY AND ARTWS AND SERVICES PUBLICOS will monitor at least UNA (1) time per year measurement instruments through inspections at manufacturing sites and/or importer and/or marketing deposits.
The local enforcement authorities will monitor at least one (1) time per year the measurement instruments through inspections at the sites of use, without prejudice to the similar controls carried out by the NATIONAL DIRECTION OF INTERIOR TRADE of the SUBSECRETARIA FOR INTERIOR TRADE SECRETARIAN TRADE AND INVERSIONS of the MINISTERY OF ECONOMY AND OURS AND SERVICES.Art. 15. Ex-SECRETARY Resolutions No. 198 of 26 March 1984 and ex- INDUSTRIA AND TRADE SUBSECRETARIA No. 6 of 3 January 1991. Art. 16. This decree will begin to govern from its publication in the Official Gazette. Art. 17. Contact, post, give to the National Directorate of the Official Register and archvese. . MENEM. . Domingo F. Cavallo.