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Brazil Import Regs.: Supplier's Declaration

Come here to discuss the Brazil's standards of various industry, products registration and import regulations as well as tariff information.

Brazil Import Regs.: Supplier's Declaration

Postby bridgat » Mon Nov 17, 2008 3:39 pm

Brazil declaration of conformity to standards: The Government of Brazil has accepted the principle that a supplier's declaration is valid to show that a product meets requirements. General guidelines were approved by Conmetro (the operating council of the national system of metrology, standardization and industrial quality) and published in the "Diario Oficial" on December 31, 1998. Specific agencies, foreign or domestic entities, recognized by INMETRO to issue certificates of conformance can be obtained from INMETRO.

Suppliers Declaration of Conformity: Imported products may utilize a supplier's declaration of conformity, but the foreign supplier must have a legal representative in Brazil to issue a declaration.

Purpose of the guidelines: The guidelines provide information on the use of a supplier's declaration for industrial products, to demonstrate that such products meet technical regulations/standards and marking requirements. According to the guidelines, the use of a supplier's declaration for voluntary standards is acceptable in Brazil. Any such declaration implies the civil responsibility of the manufacturer (or declarer) in accordance with law 8078/90 of the "consumer protection and defense code". However, the inclusion of regulated products in a supplier's declaration is new.

Products that may use a supplier's declaration of conformity:
The guidelines define the general principles, criteria and conditions that are necessary for an effective use of a supplier's declaration. For the implementation of a supplier's declaration of conformity, each regulatory agency decides, within its jurisdiction, if a product meets all market conditions.The conmetro committee on certification is studying the issues and will prepare a list of products eligible to use a supplier's declaration of conformity.

When products can use a supplier's declaration:
As given below, the guidelines define:
- six conditions and two general requirements that must exist for
The use of
supplier's declaration;
- five requirements that technical regulations must meet to use supplier's declaration;
- the responsibilities of the regulatory agencies, of Inmetro and of the supplier; and
- labeling or marking requirements

Conditions and requirements
To ensure credibility, prevent misuse and ensure effectiveness as a means of showing conformity, the following conditions must be present:
(1) a competitive market for the product;
(2) legislation and judicial system to prevent misuse;
(3) an enforcement system capable of monitoring the use of a
supplier's declaration for regulated products;
(4) the product must be low risk when used by consumers or for the
Environment;
(5) an effective consumer information system; and
(6) technical standards accepted by sinmetro.

General requirements are:
(1) there must be no possibility for the consumer to misinterpret a supplier's declaration of conformity with a third party certification and this must be clear in the technical regulation;
(2) the supplier's declaration must include at a minimum the Information specified in iso/iec guide 22:1998. If the technical regulation requires more information, the supplier's declaration must comply.

For technical regulations to allow the use of the supplier's
Declaration, they must:
(1) establish the characteristics that the product must meet and under which conditions the supplier's declaration is accpetable;
(2) be based on Brazilian standards (NBR), Mercosul (NM), Copant, ISO, or IEC;
(3) in the absence of standards or when they do not meet the regulatory needs, the regulation must then define the requirements that the product must meet. Furthermore, the agency must request the Brazilian Standards Association, abnt, to develop a corresponding Brazilian
standard;
(4) guarantee the participation of interested parties in the development of the documentation necessary to establish a supplier's declaration; and
(5) establish the supplier's declaration form to be used.

Responsabilites of parties
Regulatory agencies must:
(1) ensure that the necessary conditions exist for the product;
(2) define priorities of the products or family of products to be regulated and present the information to inmetro to establish the program of work of Sinmetro;
(3) issue the documents necessary for the technical regulation; and
(4) determine for each product the way to show that requirements are
met.

Inmetro must:
(1) establish a national list of regulated products based on information provided by the regulatory agency;
(2) establish the implementation schedule for the new manner to show conformance, In cooperation with the sectors involved; and
(3) evaluate annually the efficacy of the system and require that corrective measures be adopted, i.e., the substitution of the supplier's declaration with a third party mandatory certification.

The supplier must:
(1) ensure that the product requirements are met;
(2) be responsible for the veracity of the information given;
(3) notify the regulatory agency which products are covered by the technical regulation and which ones will have a supplier's declaration; and
(4) issue and file the required documentation, test results and registries.

Markings
(1) markings must be distinct and applicable to all regulated products;
(2) markings must have a single symbol and include "RTB" (Brazilian
technical regulation). The symbol will be defined and regulated by Inmetro;
(3) all regulated products within sinmetro must be marked with the appropriate symbol;
(4) markings must be traceable to the supplier's declaration;
(5) markings must include the regisrty number of the regulatory agency; and
(6) when a product is certified for regulatory requirements under the Brazilian certification system, it is excluded from elegibility to use a supplier's declaration of conformity.

For non-regulated products, however, there is no apparent impediment for a manufacturer to use this method of showing that its product meets standards. For regulated products, on the other hand, many issues and implementation details have yet to be determined. Moreover, any product that is currently under mandatory third-party certification is an exception and will not be considered a candidate for supplier's declaration of conformity.

The conditions and requirements specified in the guidelines are minimums. An agency may additionally require, for example, that the manufacturer implement a quality system or obtain registration for its quality system and agree to unscheduled visits from the regulatory agency. Another possible requirement is that testing be conducted in accredited laboratories.
bridgat
 
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