PROCEDURE FOR DEMONSTRATING EQUIVALENCE WITH A TECHNICAL REGULATION OF COSTA RICA OR CENTRAL AMERICAN 1.-Purpose.
To establish the procedure for demonstrating the equivalence of a normative document with a Costa Rican or Central American technical regulation.
2.-Scope of Application.
It applies to all products whose national or Central American technical regulations establish conformity assessment (evaluación de conformidad) procedures. When dealing with a Central American technical regulation, the equivalence granted shall have a national scope.
Excluded from the application of this procedure are those products for which the Competent Authority determines that they require sanitary registration, sanitary notification, homologation, or type or model approval prior to their marketing, for which they must complete such requirement and comply with the technical regulation applicable to that product.
3.-Definitions 3.1 Accreditation (Acreditación): Procedure by which the ECA formally recognizes that an entity is competent to execute specific tasks according to the requirements of international standards.
3.2 National Competent Authority (Autoridad Nacional Competente, ANC): Authority that has the stewardship of the subject matter regulated through a national or Central American technical regulation and is responsible for granting the equivalence, which may be a directorate, department, or technical body of a ministry.
3.3 Merchant / Marketer: Natural person, de facto or legal entity, private or public, who, in their own name or on behalf of someone else, is habitually engaged in offering, distributing, selling, leasing, granting the use or enjoyment of goods, without this necessarily being their main activity.
3.4 Normative document: International, regional, and national standards approved by standardization bodies that have adopted the Code of Good Practice for the Preparation, Adoption and Application of Standards of the Agreement on Technical Barriers to Trade or the technical regulations of other countries or regions and their parts.
3.5 Costa Rican Accreditation Body (Ente Costarricense de Acreditación, ECA): public non-state entity, the sole entity competent to carry out accreditation procedures regarding testing and calibration laboratories, inspection and control bodies, certification bodies, and other related entities.
3.6 National Standardization Body (Ente Nacional de Normalización, ENN): Non-profit standardization body that has adopted international requirements in the field of standardization and is recognized by the Costa Rican Executive Branch in accordance with article 45 of Law 8279, Law of the National System for Quality.
3.7 Equivalence: The possibility that the results of the conformity assessment (evaluación de la conformidad) of different normative documents similarly cover the protection of the legitimate objective defined in the respective technical regulation.
3.8 Equivalence of conformity assessment results: Degree of relationship between different results of the conformity assessment (evaluación de la conformidad), sufficient to provide the same level of assurance of conformity with respect to the same specified requirements.
3.9 Manufacturer/Producer: Any natural or legal person responsible for the design and manufacture of a product intended for its commercialization in the Costa Rican market. For the purposes of this procedure, both the producer and the supplier of goods are obliged to the consumer to respect their rights and legitimate interests.
3.10 Importer: Natural or legal person dedicated to the legitimate transportation of domestic goods exported by one country, intended for the internal use or consumption of another country. Imports can be any product received within the border of a State for commercial purposes. Imports are generally carried out under specific conditions.
3.11 Interested Party / Applicant: Natural or Legal Person who requests the application of the procedure for demonstrating equivalence with a Costa Rican or Central American technical regulation before the National Competent Authority (Autoridad Nacional Competente, ANC). They may be the manufacturer, representative, or their marketer.
3.12 Test method: Determination of one or more characteristics of an object of conformity assessment (evaluación de la conformidad), according to a procedure.
3.13 Technical standard: Document approved by a recognized institution that provides, for common and repeated use, rules, guidelines, or characteristics for products or related processes and production methods, and whose observance is not mandatory. It may also include requirements regarding terminology, symbols, packaging, marking, or labeling applicable to a product, process, or production method, or deal exclusively with them.
3.14 Legitimate objective: These are the imperatives of national security; the prevention of deceptive practices; the protection of human health or safety, of animal or plant life or health, or of the environment, recognized in the Agreement on Technical Barriers to Trade of the World Trade Organization.
3.15 Object of conformity assessment: Entity to which specified requirements apply.
3.16 Procedure: Specified way of carrying out an activity or a process.
3.17 Technical regulation: Document in which the characteristics of a product or the related processes and production methods are established, including the applicable administrative provisions, and whose observance is mandatory. It may also include requirements regarding terminology, symbols, packaging, marking, or labeling applicable to a product, process, or production method, or deal exclusively with them.
3.18 Specified requirement: Need or expectation established in a normative document.
3.19 Conformity assessment (evaluación de la conformidad) procedure: Any procedure used, directly or indirectly, to determine that the relevant requirements of the technical regulations or standards are met. The procedures for conformity assessment (evaluación de la conformidad) include those for sampling, testing, and inspection; evaluation, verification, and assurance of conformity; registration, accreditation, and approval, separately or in different combinations.
4.-Procedure for the determination of equivalence with a National or Central American Technical Regulation.
4.1 General considerations.
4.1.1 The interested party may request from the National Competent Authority (Autoridad Nacional Competente, ANC) the application of this equivalence procedure for the purpose of demonstrating conformity with a national or Central American technical regulation.
This procedure involves two stages before different entities. The first is conducted before the National Standardization Body (Ente Nacional de Normalización, ENN) to evaluate whether the specified requirements and test methods included in the normative document are equivalent to those established in the technical regulation. The second stage shall be conducted before the National Competent Authority (Autoridad Nacional Competente, ANC) to evaluate whether the conformity assessment (evaluación de la conformidad) procedure is equivalent.
4.1.2 For the equivalence of a normative document with a national or Central American technical regulation to be granted by the National Competent Authority (Autoridad Nacional Competente, ANC) to an interested party, the two stages mentioned above must be completed.
4.1.3 The National Competent Authority (Autoridad Nacional Competente, ANC) may depart from the criteria of the National Standardization Body (Ente Nacional de Normalización, ENN), in which case it must substantiate its decision and communicate it to the latter.
4.2 First stage: equivalence with the specified requirements and test methods.
4.2.1 The interested party must request the National Standardization Body (Ente Nacional de Normalización, ENN) to conduct a study to determine if the specified requirements and test methods contained in a normative document are equivalent to the national or Central American technical regulation with which equivalence is desired.
4.2.2 Said request must be accompanied by the following supporting documents:
a. The normative document and its translation into Spanish, which may be performed by the interested party.
b. A comparative chart or matrix between the normative document and the national or Central American technical regulation with which equivalence is sought to be demonstrated.
4.2.3 Once the request is received, the National Standardization Body (Ente Nacional de Normalización, ENN) will be responsible for evaluating if the specified requirements and test methods determine that a normative document is equivalent to a national or Central American technical regulation.
4.2.4 In the event that the test methods differ from those established in the national or Central American technical regulation under analysis, the interested parties must submit a technical justification that allows, once analyzed by the National Standardization Body (Ente Nacional de Normalización, ENN), concluding the equivalence of the specified requirements and the analysis methods.
4.2.5 The National Standardization Body (Ente Nacional de Normalización, ENN), if the complexity of the analysis so warrants, may consult with experts or specialists who possess technical competence in the matter to substantiate its decision.
4.2.6 The National Standardization Body (Ente Nacional de Normalización, ENN), based on the review report, shall issue an opinion on the equivalence of the specified requirements and test methods with the national or Central American technical regulation.
4.2.7 The opinion issued by the National Standardization Body (Ente Nacional de Normalización, ENN) must also contain the following information:
- a)The name of the organization whose product(s) is (are) subject to the equivalence.
- b)Email address where the interested party may receive subsequent notifications regarding their process.
- c)The scope of the equivalence, including:
i. Description of the product(s) considered as indicated in the respective national or Central American technical regulation.
ii. The normative document and the national or Central American technical regulation on which the equivalence is being determined; these references must include the respective codes, numbers, and year allowing identification of such documents.
- d)Any other information that, in the judgment of the National Standardization Body (Ente Nacional de Normalización, ENN), is pertinent for issuing its opinion.
4.2.8 In the event that the opinion on the equivalence issued by the National Standardization Body (Ente Nacional de Normalización, ENN) is negative, it must include the corresponding technical reasons.
4.2.9 From the complete receipt of the request (subsection 4.2.1), the National Standardization Body (Ente Nacional de Normalización, ENN) shall have a maximum period of 10 business days to send the respective opinion to the interested party.
Notwithstanding the indicated period, the National Standardization Body (Ente Nacional de Normalización, ENN) shall have the possibility of extending it for an equal period, if the complexity of the matter so requires, in which case it must inform the interested party, with the respective justifications for the case.
The issuance of a positive opinion by the National Standardization Body (Ente Nacional de Normalización, ENN) must not be interpreted as meaning that equivalence has already been granted by the National Competent Authority (Autoridad Nacional Competente, ANC).
4.3 Second stage: equivalence of the conformity assessment (evaluación de la conformidad) procedure.
4.3.1 To conclude said process, the interested party must request the corresponding National Competent Authority (Autoridad Nacional Competente, ANC) to grant the equivalence with the national or Central American technical regulation.
For the above, they must submit the equivalence application form from Annex A of this procedure, accompanied by the positive report prepared by the National Standardization Body (Ente Nacional de Normalización, ENN).
If the document is sent by email, the application must be digitally signed by the interested party. The digital signature must comply with the time stamping and timestamp with long-term validation in documents in PDF (Portable Document Format) or compatible formats, in accordance with the Law of Certificates, Digital Signatures, and Electronic Documents, Law No. 8454 of August 30, 2005.
4.3.2 The National Competent Authority (Autoridad Nacional Competente, ANC) shall analyze whether the conformity assessment (evaluación de la conformidad) procedure of the normative document is equivalent to that established in the national or Central American technical regulation.
For the above, it shall consider the following elements:
- a)the level of risk based on the legitimate objectives pursued by the national or Central American technical regulation compared to the normative document against which the equivalence will be evaluated.
- b)the characteristics of the specific sector.
- c)any other pertinent information that supports the decision.
The National Competent Authority (Autoridad Nacional Competente, ANC) may make inquiries, when required, to the technical bodies of the National System for Quality.
4.3.3 A foreign conformity assessment (evaluación de la conformidad) procedure shall be recognized as equivalent to the extent that the National Competent Authority (Autoridad Nacional Competente, ANC) is convinced that said procedure offers a degree of conformity equivalent to that of its own procedures.
4.3.4 If the National Competent Authority (Autoridad Nacional Competente, ANC) approves the equivalence application, it must notify said decision through an official letter addressed to the interested party, signed by the Director (a) of the National Competent Authority (Autoridad Nacional Competente, ANC), and in the verified absence of the Director (a), signed by the Head of the Department in charge of the technical regulation.
Said decision shall also be communicated to the Costa Rican Accreditation Body (Ente Costarricense de Acreditación) (ECA), to the National Standardization Body (Ente Nacional de Normalización, ENN), and to the Information Center for Technical Barriers of the MEIC, which will finally proceed with the corresponding notification to the World Trade Organization (WTO) and make it available to the public on its website.
4.3.5 In the event that the decision of the National Competent Authority (Autoridad Nacional Competente, ANC) is not to grant the equivalence of a normative document with a national or Central American technical regulation, it must notify said decision through an official letter addressed to the interested party, signed by the director of the National Competent Authority (Autoridad Nacional Competente, ANC), and in the verified absence of the Director (a), signed by the Head of the Department in charge of the technical regulation, which must contain the justifications or reasons for its refusal to the interested party.
4.3.6 The National Competent Authority (Autoridad Nacional Competente, ANC) shall have a maximum period of 10 business days to resolve the equivalence application; however, the National Competent Authority (Autoridad Nacional Competente, ANC) shall have the possibility of extending said period up to an equal period, if the complexity of the matter so requires, in which case it must inform the interested party, with the respective justifications for the case.
4.3.7 Faced with a negative decision by the National Competent Authority (Autoridad Nacional Competente, ANC), the interested party may file the ordinary appeals established in the General Law of Public Administration.
5.-Non-Granting of Equivalence.
Equivalence shall not be granted when the following conditions occur:
- a)When the applicant uses the report from the National Standardization Body (Ente Nacional de Normalización, ENN) or states that equivalence has been granted before the decision of equivalence by the National Competent Authority (Autoridad Nacional Competente, ANC) regarding the national or Central American technical regulation.
- b)When the interested party makes tendentious, malicious, or misleading use of the documentation required in the process.
6.-Validity.
6.1 The equivalence shall have an indefinite validity; however, the repeals and annulments of the technical provisions of the normative document on which the equivalence was granted invalidate it. In such cases, it shall be the obligation of the interested party to process a new equivalence procedure.
6.2 In the case of modifications or updates to the normative documents on which equivalence was granted, the interested party must inform the National Competent Authority (Autoridad Nacional Competente, ANC) of such situation, providing a summary of the changes to the normative document. The National Competent Authority (Autoridad Nacional Competente, ANC) shall review and analyze the changes included in the normative documents, to determine if the specified requirements, test methods, and conformity assessment (evaluación de la conformidad) procedures were affected.
6.2.1 If as a result of the analysis it is concluded that the new specified requirements and test methods are equal to or higher than those established, and the conformity assessment (evaluación de la conformidad) procedure provides a level of protection similar to that sought by the national or Central American technical regulation on which the equivalence was granted, the original equivalence shall remain in force.
6.2.2 If after the analysis it is determined that the new specified requirements and test methods are inferior or the conformity assessment (evaluación de la conformidad) procedure does not grant an acceptable level of protection, the granted equivalence shall expire.
6.2.3 For the cases indicated in subsections 6.2.1 and 6.2.2, the WTO shall be notified of said situation at the request of the National Competent Authority (Autoridad Nacional Competente, ANC).
6.3 The National Competent Authority (Autoridad Nacional Competente, ANC) may withdraw the equivalence if there is verified evidence that the goods do not comply with the normative documents that gave rise to it, and for the purposes of demonstrating conformity, it may not be used. In this case, the applicant must be notified and the CIOT communicated, which shall proceed with the corresponding notification to the WTO.
6.4 Additionally, if in the market surveillance process, it is determined that there is misuse of the equivalence, the offender may not use the equivalence condition for the purposes of the demonstration of conformity and must submit to the procedures established in the national or Central American technical regulation in question to demonstrate conformity, without prejudice to other administrative sanctions established in national legislation.
7.-Declaration of Conformity.
7.1 When it is required to demonstrate the conformity of a product, with respect to a normative document that has already been approved as equivalent to a national or Central American technical regulation under the terms and conditions established in Executive Decree No. 37662-MEIC-H-MICIT of December 12, 2012, Procedure for the Demonstration of Conformity Assessment of Technical Regulations, the Declaration of Conformity may be supported by a certificate based on the normative document on which the equivalence was granted, provided that the conformity assessment (evaluación de la conformidad) body used is accredited or recognized by the ECA, in the scopes required by the normative document applicable to the product.
7.2 Given the changes indicated in subsection 6.2 of this procedure, the National Competent Authority (Autoridad Nacional Competente, ANC) may establish transition periods regarding the validity of the conformity assessment (evaluación de la conformidad) certificates that support the declaration in subsection 7.1.
(NORMATIVE) APPLICATION FOR THE PROCEDURE TO DEMONSTRATE EQUIVALENCE WITH A COSTA RICAN OR CENTRAL AMERICAN TECHNICAL REGULATION I: _____________________ identification number_________________________, with domicile at____________________, email address for receiving notifications _________, in my capacity as:
( ) Natural person ( ) Legal person of the company or institution named: __________________________________ Legal ID No. _________, dedicated to: __ ___________________________________, request the application of the "PROCEDURE FOR DEMONSTRATING EQUIVALENCE WITH A TECHNICAL REGULATION OF COSTA RICA OR CENTRAL AMERICAN", to declare the equivalence of the normative document named: ___ _______________________________ with the national or Central American technical regulation, as applicable):_____________________, Executive Decree No. _, published in the Official Gazette La Gaceta No._____ of _______ __________________________________.
This application is supported by the positive opinion issued by the National Standardization Body (Ente Nacional de Normalización), which is attached hereto.
PLACE AND DATE:
________________________.
NAME AND SIGNATURE:
______________________.
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