Decisión Nº 562 de Comunidad Andina

• Jurisdicción: Comunidad Andina
• Número de decisión: 562
• Fecha de publicación: 25 Junio 2003
• Emisor: Comunidad Andina
• Año: 2003

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DECISION 562

Directives for the preparation, adoption and application of Technical Regulations in Andean Community Member Countries and at community level

THE ANDEAN COMMUNITY COMMISSION

HAVING REVIEWED: Articles 51, 55, 72 and 73 of the Cartagena Agreement and Decisions 376, 419 and 506; and,

WHEREAS: Articles 32 and 33 of the Andean Standardization, Accreditation, Testing, Certification, Technical Regulations and Metrology System, approved by Decisions 376 and 419 of the Andean Community, prescribe the obligation of Member Countries to notify any proposals involving new Technical Regulations, Mandatory Technical Standards, compliance evaluation procedures, mandatory certifications and any other equivalent mandatory measure which may be adopted, at least ninety (90) days prior to the application of such measures to the trade of products in the subregion, with such notice being a prior requirement for enforcing compliance;

Decision 506 concerning recognition and acceptance of certificates for products traded in the Andean Community, regulates the automatic recognition and acceptance by the Member Countries, of compliance certificates for products subject to Technical Regulations or Technical Standards of mandatory compliance in the destination country, issued by accredited or recognized certification organizations;

According to paragraphs 2.9.2, 2.10.1, 5.6.2 and 5.7.1 of the World Trade Organization’s Agreement on Technical Barriers to Trade (WTO - TBT), WTO Members must notify the other Members in a conveniently early stage (when changes could still be made), of any proposals involving Technical Regulations and compliance evaluation procedures when their technical contents do not comply with pertinent international standards, provided that such regulations or compliance evaluation procedures do have a significant effect on the trade of other Members;

In addition, the World Trade Organization’s Agreement on Technical Barriers to Trade (WTO - TBT) establishes the international legal framework for the preparation, adoption and application of the Technical Regulations;

The Technical Regulations are prepared, adopted and applied in the Andean Community Member Countries by the various central, regional, departmental, local or municipal government organizations, or by several of them, within the jurisdiction of their respective competence;

It is necessary to guarantee that the Technical Regulations prepared, adopted and applied by the central, regional, departmental, local or municipal government organizations in the Member Countries will not become unnecessary barriers to trade in the subregion;

The 11^th Andean Presidential Council held in Cartagena de Indias, Colombia, in May 1999, instructed the Andean Community Commission so that, with the support of the General Secretariat, it will set off the necessary efforts aimed at achieving the progress needed for mutual recognition and harmonization of Technical Standards;

DECIDES:

To approve the following Decision containing the Directives for the preparation, adoption and application of Technical Regulations in Andean Community Member Countries and at the community level.

CHAPTER I

OBJECTIVES

Article 1.- The objective of this Decision is to establish requirements and procedures for the preparation, adoption and application of Technical Regulations within the Member Countries and at the community level, in order to prevent them from becoming unnecessary technical barriers to trade in the subregion.

CHAPTER II

SCOPE, APPLICATION AND DEFINITIONS

Article 2.- This Decision sets forth the Andean legal framework for the preparation, adoption and application of Technical Regulations by the Member Countries, through entities of central, regional, departmental, local or municipal governments, and by the Andean Community Commission, without detriment to any provisions issued to that effect by the Cartagena Agreement itself.

Article 3.- The stipulations of this Decision are applicable to the preparation, adoption and application of Technical Regulations of products from all sectors, as well as to the processes related to the manufacture of products as long as they affect the final characteristics, except for any health, phytosanitary or other measures regulated by a specific Decision.

Article 4.- For the purposes of the application of this Decision, the following definitions shall be used:

Technical Regulations.- A document setting forth the characteristics of a product or the production processes and methods related thereto, including any applicable administrative provisions of a mandatory nature. It may also include prescriptions with regard to terminology, symbols, packing, marking or labeling applicable to a product, process or method of production, or deal exclusively therewith.

Within the scope of this definition, Technical Regulations include any Technical Standards declared mandatory, and any other equivalent measure of a mandatory nature which may have been adopted or which will be adopted by any of the Member Countries.

Emergency Technical Regulations.- A document adopted to deal with any problems or potential problems which may affect safety, public health, environmental protection or national security.

Andean Technical Regulations.- A document adopted by Decision of the Andean Community Commission.

Compliance Certificate.- A document issued in accordance with the rules of a certification system, upon which one can reasonably rely that a properly identified product, process or service complies with certain Technical Regulations, Technical Standards or other technical specification or specific regulatory document.

Compliance evaluation procedure.- Any procedure directly or indirectly used to determine that prescriptions pertaining to Technical Regulations and Technical Standards are complied with.

Compliance evaluation procedures include, among others, sampling, testing and inspection; evaluation, verification and certification of compliance; registration, accreditation and approval, separately or through different combinations.

Technical Standards.- A document approved by a recognized institution which provides, for common and repetitive use, rules, directives or characteristics for products or related production processes and methods, which are not of mandatory compliance. They may also include prescriptions in matters relating to terminology, symbols, packing, marking or labeling applicable to a product, production process or method, or deal exclusively therewith.

Legitimate Objectives.- These are imperatives for public morality, national security, protection to life and human, animal and vegetable health, defense of consumers and environmental protection.

CHAPTER III

GENERAL PRINCIPLES

Article 5.- The preparation, adoption and application of Technical Regulations in the Andean Community Member Countries and at the community level shall be governed by principles of national treatment, most favored nation, non-discrimination, equivalence and transparency, established in the Andean Community legislation and complementary provisions, within the framework of the World Trade Organization.

CHAPTER IV

GENERAL REQUIREMENTS AND CRITERIA FOR THE ADOPTION OF

NATIONAL TECHNICAL REGULATIONS

Article 6.- The Technical Regulations shall not restrict trade more than what is necessary to achieve a legitimate objective, taking into account the risks implied in not achieving it, choosing between the possible options those which generate lower implementation and compliance costs for the users and for trade in the subregion.

Article 7.- The Technical Regulations shall be defined exclusively on the basis of use and utilization properties of the products to which they refer, rather than on their descriptive or design characteristics.

Article 8.- In the process for the preparation and adoption of Technical Regulations, Member Countries shall work on the basis of the international standards or their pertinent elements or such international standards which approval is imminent, except in the case where such international standards or pertinent elements are an ineffective or inappropriate mean for the achievement of the legitimate objectives pursued, for example as a result of fundamental climatic or geographical factors or limitations or problems of a technologic nature justifying the use of different criteria.

In the latter case, National Technical Regulations will be based on Andean...