The Secretaría de Industria y Comercio in Argentina published Resolución 438/2024 on November 26, 2024, which updates energy efficiency labeling and scope (including home appliances and motors). This Resolución comes into effect on November 27, 2024. Current certificates published under the previous regulations will remain valid until March 5, 2026.

 

English version of the regulation:

 

MINISTRY OF ECONOMY SECRETARIAT OF INDUSTRY AND COMMERCE

Resolution 438/2024

RESOL-2024-438-APN-SIYC#MEC

 

City of Buenos Aires, 11/25/2024

 

HAVING SEEN File No. EX-2024-116565722- -APN-DGDMDP#MEC, Laws Nos. 24,425, 25,326 and their amendments, Decrees Nos. 1,063 dated October 4, 2016 and its amendment, 274 dated April 17, 2019 and 50 dated December 19, 2019 and their amendments, Resolutions Nos. 319 dated May 14, 1999 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, 35 dated March 17, 2005 of the former SECRETARIAT OF TECHNICAL COORDINATION of the former MINISTRY OF ECONOMY AND PRODUCTION, 229 dated May 29, 2018 of the former MINISTRY OF PRODUCTION, 795 dated November 29, 2019, 800 dated December 3, 2019 and 834 dated December 9, 2019 all of the former SECRETARIAT OF INTERNAL TRADE of the former MINISTRY OF PRODUCTION AND LABOR, 1,017 dated May 5, 2018, 1,020 dated December 3, 2018, 1,021 dated December 3, 2018, 1,022 dated December 3, 2018, 1,023 dated December 3, 2018, 1,024 dated December 3, 2018, 1,025 dated December 3, 2018, 1,026 dated December 3, 2018, 1,027 dated December 3, 2018, 1,028 dated December 3, 2018, 1,029 dated December 3, 2018, 1,030 dated December 3, 2018, 1,031 dated December 3, 2018, 1,032 dated December 3, 2018, 1,033 dated December 3, 2018, 1,034 dated December 3, 2018, 1,035 dated December 3, 2018, 1,036 dated December 3, October 2021 of the former SECRETARIAT OF INTERNAL TRADE of the former MINISTRY OF PRODUCTIVE DEVELOPMENT, Provisions Nos. 86 dated March 12, 2007 and 859 dated November 7, 2008, both from the former National Directorate of Domestic Trade of the former UNDERSECRETARY OF CONSUMER DEFENSE of the former SECRETARY OF DOMESTIC TRADE of the former MINISTRY OF ECONOMY AND PRODUCTION, 761 dated November 17, 2010 from the former National Directorate of Domestic Trade of the former UNDERSECRETARY OF CONSUMER DEFENSE of the former SECRETARY OF DOMESTIC TRADE of the former MINISTRY OF ECONOMY AND PUBLIC FINANCE, 219 dated August 26, 2015, 230 dated September 1, 2015 both from the former National Directorate of Domestic Trade of the former UNDERSECRETARY OF INTERNAL TRADE of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF ECONOMY AND PUBLIC FINANCE, 170 dated November 1, 2016 and 172 dated November 3, 2016, both of the former National Directorate of Domestic Trade of the former UNDERSECRETARIAT OF INTERNAL TRADE of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION, and

 

CONSIDERING:

 

That Law No. 24,425 approves the Final Act that incorporates the results of the Uruguay Round of Multilateral Trade Negotiations, the Ministerial Decisions, Declarations and Understandings, and the Marrakech Agreement establishing the WORLD TRADE orGANIZATION (WTO).

 

That the aforementioned Agreement contains, in its Annex 1A, the AGREEMENT ON TECHNICAL BARRIERS TO TRADE, which recognizes that no country should be prevented from adopting the necessary measures to ensure the quality of its exports, national security, the protection of human and animal health, the protection of the environment, the preservation of plants and the prevention of practices that may lead to error.

 

That Decree No. 274 dated April 17, 2019 authorized the former SECRETARIAT OF INTERNAL TRADE of the former MINISTRY OF PRODUCTION AND LABOR to, as the Enforcement Authority, establish the minimum safety requirements that goods or services must meet and determine the place, form and characteristics of the indications to be placed on the goods marketed in the country or on their packaging.

 

That, in accordance with this, Article 4 of Law No. 24,240 and its amendments establishes the obligation of suppliers to provide consumers with certain, clear and detailed information about the essential characteristics of the products and services they market.

 

That by Decree No. 140 dated December 21, 2007, the rational and efficient use of energy was declared of national interest and priority, approving the guidelines of the NATIONAL PROGRAM FOR THE RATIONAL AND EFFICIENT USE OF ENERGY (PRONUREE), intended to contribute to and improve the energy efficiency of the different energy-consuming sectors.

 

In this order of ideas, encouraging energy savings and efficient consumption is one of the government's priorities and, consequently, there is a need to improve energy efficiency by implementing dissemination and communication programs aimed at the residential, industrial and commercial consumption sectors.

 

That the goals established in the National Level Contributions (NDC) presented in the United Nations Framework Convention on Climate Change (UNFCCC) consider the energy sector as one of the main generators of carbon dioxide (CO2) emissions.

 

That the mandatory application of Technical Regulations on energy efficiency not only allows consumers to choose more efficient products by providing them with the relevant information, but also works as a mechanism to encourage manufacturers and importers to improve the efficiency of their products.

 

That it is the function of the NATIONAL STATE to seek to achieve these legitimate objectives through the issuance of the corresponding regulations.

 

In order to contribute to sustainable development, as well as to the reduction of carbon dioxide emissions, the increase in energy efficiency, the level of environmental protection, the security of energy supply, the promotion of innovation, the diffusion of innovative technologies and greater competitiveness of the industry, promoting economic growth and creating high-quality jobs in various sectors related to energy efficiency, it is necessary to provide energy efficiency labelling for products whose use has an impact on energy consumption.

 

That through the issuance of Resolution No. 319 dated May 14, 1999 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING of the former MINISTRY OF ECONOMY AND PUBLIC WORKS AND SERVICES, the Technical Framework Regulation regarding energy efficiency labeling was established.

 

That through Resolutions Nos. 35 dated March 17, 2005 of the former SECRETARIAT OF TECHNICAL COORDINATION of the former MINISTRY OF ECONOMY AND PRODUCTION, 795 dated November 29, 2019, 800 dated December 3, 2019 and 834 dated December 9, 2019 all of the former SECRETARIAT OF INTERNAL TRADE of the former MINISTRY OF PRODUCTION AND LABOR, 1,017 dated October 5, 2021 of the former SECRETARIAT OF INTERNAL TRADE of the former MINISTRY OF PRODUCTIVE DEVELOPMENT, Provisions Nos. 86 dated March 12, 2007 and 859 dated November 7, 2008, both from the former National Directorate of Domestic Trade of the former UNDERSECRETARY OF CONSUMER DEFENSE of the former SECRETARY OF DOMESTIC TRADE of the former MINISTRY OF ECONOMY AND PRODUCTION, 761 dated November 17, 2010 from the former National Directorate of Domestic Trade of the former UNDERSECRETARY OF CONSUMER DEFENSE of the former SECRETARY OF DOMESTIC TRADE of the former MINISTRY OF ECONOMY AND PUBLIC FINANCE, 219 dated August 26, 2015, 230 dated September 1, 2015 both from the former National Directorate of Domestic Trade of the former UNDERSECRETARY OF DOMESTIC TRADE of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF ECONOMY AND PUBLIC FINANCE, 170 dated November 1, 2016 and 172 dated November 3, 2016, both of the former National Directorate of Domestic Trade of the former UNDERSECRETARIAT OF DOMESTIC TRADE of the former SECRETARIAT OF COMMERCE of the former MINISTRY OF PRODUCTION, specific technical regulations were issued as provided for by the aforementioned Resolution No. 319/99 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING.

 

That by Decree No. 50 dated December 19, 2019 and its amendments, the actions and objectives of the SECRETARIAT OF INDUSTRY AND COMMERCE of the MINISTRY OF ECONOMY were determined.

 

That from said decree it arises that the SECRETARIAT OF INDUSTRY AND COMMERCE is the successor of the then SECRETARIAT OF COMMERCE and has among its powers to evaluate the degree of opportunity, merit and convenience for the implementation of policies and actions that impact trade.

 

In this regard, it is the function of the SECRETARIAT OF INDUSTRY AND COMMERCE to establish the introduction or re-scaling of an energy efficiency label for a given product, which ensures the relevance of labeling various equipment based on its energy saving potential and a relative permanence of said labeling in the market.

 

It is also appropriate to include in the regulations the indication of certain essential elements in the information available for sale, including online distance selling (through electronic commerce) which is currently widely developed.

 

It has been verified that energy efficiency labelling is an extremely useful tool for ensuring access to clear and precise information on the energy performance of products.

 

In this sense, establishing a homogeneous scale for all energy efficiency labels will clearly improve the quality of information provided to consumers.

 

In order to ensure access to such information, it is advisable to implement a database for consumers which, in turn, allows the Enforcement Authority to carry out constant monitoring that enables the updating and re-scaling of labels.

 

That, for the reasons stated above, it is appropriate to repeal Resolutions Nos. 319/19 of the former SECRETARIAT OF INDUSTRY, COMMERCE AND MINING, 35/05 of the former SECRETARIAT OF TECHNICAL COORDINATION, 795/19, 800/19, 834/19 and 1,017/21 all of the former SECRETARIAT OF INTERNAL TRADE, and Provisions Nos. 86/07, 859/08, 761/10, 219/15, 230/15, 170/16 and 172/19 all of the former National Directorate of Internal Trade, and to issue a new technical regulation that integrates all of the products contemplated therein, unifying the procedures.

 

That the competent legal service has intervened.

 

That this measure is issued in exercise of the powers conferred by Decrees Nos. 274/19 and 50/19 and their amendments.

 

Therefore,THE SECRETARY OF INDUSTRY AND COMMERCE RESOLVES:

 

ARTICLE 1.- PURPOSE. The Technical Regulation establishing the essential requirements and characteristics for energy efficiency labeling detailed in Annex I (IF-2024-120839345-APN-DNRT#MEC) of this measure is hereby approved, to which all new products or devices that require the use of any energy source for their operation or whose use has an impact on their consumption must conform, for the purpose of being marketed in the territory of the ARGENTINE REPUBLIC.

ARTICLE 2°.- SCOPE. This measure shall apply to the products that, together with the specific technical requirements corresponding to each of them, are detailed in Annex II (IF-2024-120837835-APN-DNRT#MEC) of this measure.

 

ARTICLE 3.- MANUFACTURERS AND IMPORTERS. Manufacturers and importers of new products or appliances detailed in Annex II must ensure compliance with the essential requirements and characteristics for energy efficiency labelling by means of a Sworn Declaration of Conformity and through the conformity assessment procedure established in Annex III (IF-2024-120838288-APN-DNRT#MEC) of this measure.

 

They will also be responsible for the following obligations:

 

a. They must ensure that all products covered by this Regulation bear the relevant energy efficiency label in the designated location and, where applicable, the information sheet.

 

b. They will provide the corresponding energy efficiency label to marketers, free of charge, when marketers request it under the terms of Article 4 of this Resolution.

 

c. They shall not place on the market models whose performance is automatically altered under test conditions in order to achieve a more favourable level for any of the parameters set out in this measure or for those parameters detailed in any of the documents supplied with the product.

 

d. They must include in every catalogue, physical or digital, that contains a technical sheet for the products, the corresponding energy efficiency label or the information contained therein.

 

e. When the tests on a model yield a result that is detrimental to the parameters reported on the energy efficiency label, the energy efficiency label of the model and the product sheet must be modified, making both available to marketers, notifying the Enforcement Authority, and in turn modifying the information provided in the database.

 

f. Prior to marketing, they will provide the Enforcement Authority with the necessary information regarding the energy efficiency of each marketed model of the products listed in Annex II of this regulation, in order to feed the Database created by Article 7 of this standard.

 

ARTICLE 4.- DISTRIBUTORS AND MARKETERS. Distributors and marketers, wholesalers and/or retailers of the products detailed in Annex II must require their suppliers to comply with these regulations, for which they must have a simple copy of the sworn declaration of compliance, in paper or digital format, to be shown when required.

 

Likewise, marketers, wholesalers and/or retailers must ensure that the energy efficiency label is displayed visibly and must comply with the requirements for the sale of products, in accordance with the provisions of sections 5 and 6 of Annex I of this Resolution. In cases where they do not have a label for a particular model, they must request one from manufacturers and importers, who must provide it in accordance with the terms of Article 3 of this measure, either in physical or digital format.

 

ARTICLE 5°.- POWERS. The National Directorate of Technical Regulations or the one that replaces it in the future is authorized to modify this regulation in relation to the products covered, and to dictate the necessary complementary and/or clarifying norms in order to make the provisions set forth in this Resolution operational.

 

ARTICLE 6°.- IMPLEMENTATION. The obligations established in this resolution shall be enforceable within the time periods established in Annex IV (IF-2024-126704232-APN-DNRT#MEC) of this measure.

 

ARTICLE 7°.- DATABASE. The National Directorate of Technical Regulations or the one that replaces it in the future, will implement a database that will include the information provided by Manufacturers and Importers about the energy efficiency of the products detailed in Annex II of this regulation. Said information must comply with the provisions of Annex V (IF-2024-120838907-APN-DNRT#MEC) of this measure.

 

The database will perform the following functions:

 

a. Provide updated information on the energy efficiency of products, in order to develop improvement proposals and programs such as re-scaling, establishment of minimum energy efficiency standards, incentives to change to more efficient products, among others.

 

b. Provide the public with information on the characteristics that make the products covered by this regulation energy efficient, allowing consumers to compare and evaluate them.

 

c. Be used by the competent authorities in market control and surveillance, in compliance with applicable regulations.

 

ARTICLE 8°.- MINIMUM ENERGY EFFICIENCY STANDARDS. The minimum energy efficiency levels for the products covered by this resolution will be those established by the ENERGY SECRETARIAT of the MINISTRY OF ECONOMY in accordance with the provisions of Article 22 of Decree No. 274 dated April 17, 2019. The National Directorate of Technical Regulations will set the period within which the application of said minimum levels will be effective, giving prior intervention to the UNDERSECRETARIAT OF INDUSTRIAL POLICY of the SECRETARIAT OF INDUSTRY AND COMMERCE of the MINISTRY OF ECONOMY.

 

ARTICLE 9°.- SPECIFIC TECHNICAL REQUIREMENTS. Specific technical requirements for the efficiency labelling of the products listed in Annex II of this measure are established, which are set out in Appendices I to XI of the aforementioned Annex II.

 

ARTICLE 10.- PROCEDURES. It is established that the procedures established in this Resolution will be carried out through the “Remote Procedures” Platform (TAD), approved by Decree No. 1,063 dated October 4, 2016 and its amendment, or the digital system that replaces it in the future.

 

ARTICLE 11.- PENALTIES. Violations of the provisions of this measure shall be subject to the sanctions provided for in Decree No. 274/19, Law No. 24,240 and its amendments, without prejudice to any applicable criminal, civil or administrative liability, in accordance with the provisions of Article 110 of the Administrative Procedures Regulations, Decree No. 1,759/72 – TO 2017.

 

ARTICLE 12.- RESPONSIBILITIES. Compliance with the obligations established in this regulation does not exempt the subjects covered by it from compliance with the obligations arising from other regulations that apply to the products contemplated herein.

 

ARTICLE 13.- ABBROGATIONS. The rules detailed in Annex VI (IF-2024-120839114-APN-DNRT#MEC) of this measure are hereby repealed on 5 March 2026.

 

ARTICLE 14.- SUPPLEMENTARY RULES. The provisions of Resolution No. 237 dated August 29, 2024 of the SECRETARIAT OF INDUSTRY AND COMMERCE of the MINISTRY OF ECONOMY, which approves the GENERAL FRAMEWORK FOR CONFORMITY EVALUATION and the complementary provisions issued for this purpose, shall apply to this measure.

 

ARTICLE 15.- TRANSITIONAL PROVISIONS. Current certificates issued under the regulations repealed by Article 13 of this Regulation shall remain valid until March 5, 2026, provided that the corresponding monitoring is carried out to maintain the validity of the certification.

 

Test reports issued under the standards repealed by Article 13 of this standard shall remain valid as provided in each appendix, which establishes the specific requirements for each of the products listed in Annex II of this measure.

 

For those products that are required to indicate standby consumption information, this obligation will be enforceable from March 5, 2027, with the exception of products covered by Appendix IV of Annex II (Microwave Ovens) and by Appendix VII of Annex II (Televisions), which must continue to include it on their labels.

 

During the period of coexistence of the standards listed in Annex VI and this Resolution, manufacturers and importers of the products covered by said measure will be considered to guarantee compliance in accordance with the law if they prove the requirements established by any of the TWO (2) Regimes.

 

ARTICLE 16.- This Resolution shall enter into force on the day following its publication in the Official Gazette.

 

ARTICLE 17.- Communicate, publish, give to the NATIONAL DIRECTORATE OF THE OFFICIAL REGISTRY and archive.

 

Pablo Agustin Lavigne

 

NOTE: The Annex(es) that make up this Resolution are published in the web edition of the BORA -www.boletinoficial.gob.ar-

 

e. 26/11/2024 N° 84470/24 v. 26/11/2024

 

Source:

https://www.boletinoficial.gob.ar/detalleAviso/primera/317367/20241126

 

BACL Energy Efficiency Inspection and Certification Services：

BACL is the Energy Star testing laboratory, certification body, and verification testing laboratory accredited by the EPA. At the same time we obtain the authorization and recognition of NVLAP (Lab Code: 200707-0), IAS (Accreditation No.: PCA-139, TL-1044, AA-797), CNAS (Registration No.: L2408, L5662, L6290, L9963, L11432, IB0343), A2LA(Certificate No.: 3297.01, 3297.02, 3297.03), and so on. Respectively have testing sites in US, Shenzhen, Dongguan and Kunshan, such places. With the ability to complete the energy efficiency aging detection of 60,000 lights at the same time. BACL is currently a large-scale energy efficiency testing laboratory in China.

We can provide you with testing and certification service, such as US Energy Star, DLC, DOE, CEC Title20, CEC Title24, LDL, FTC Label, European Union ErP, Canada NRCan, UK EST, Australia GEMS/VEET/IPART, Energy Efficiency Label ELI,China Hong Kong Energy Efficiency Label and etc.