Complementary Regulation for the Application of RTCA 97.01.81:22 Electrical Products. Household Refrigerators and Freezers. Energy efficiency specifications.
1. OBJECTIVE To establish the complementary procedures for the application of RTCA 97.01.81:22 Electrical Products. Household Refrigerators and Freezers. Energy Efficiency Specifications.
2. SCOPE OF APPLICATION Table 1 shows the structure of the national tariff, the tariff classification, and the description of household refrigerators, household refrigerator-freezers up to 1104 L (39 ft3), and household freezers up to 850 L (30 ft3) operated by hermetic motor-compressor, subject to the control of RTCA 97.01.81:22, indicating the tariff subheading that requires a technical note.
Table 1: Structure of the national tariff, tariff classification, and description of household refrigerators, household refrigerator-freezers up to 1104 L (39 ft3), and household freezers up to 850 L (30 ft3) operated by hermetic motor-compressor subject to the control of this technical regulation, indicating the tariff subheadings that require a technical note.
| Tariff Subheading | Description | Technical Note (NT) |
|---|---|---|
| 8418 | Refrigerators, freezers and other refrigerating or freezing equipment, electric or other; heat pumps, other than air conditioning machines of heading 84.15 | |
| 841810000000 | - Combined refrigerator-freezers, fitted with separate external doors | 388 / 389 |
| 84182 | - Refrigerators, household type: | |
| 8418210000 | -- Compression-type | |
| 84182100001 | --- Single door, with a capacity less than or equal to 311.5 liters | |
| 841821000011 | ---- Used for resale, with energy efficiency characteristics E6e. | 388 / 389 |
| 841821000012 | ---- Used for resale, without energy efficiency characteristics | 388 / 389 |
| 841821000013 | ---- Other, with energy efficiency characteristics. | 388 / 389 |
| 841821000019 | ---- Other, without energy efficiency characteristics | 388 / 389 |
| 84182100009 | --- Other | |
| 841821000091 | ---- Used for resale, with energy efficiency characteristics. | 388 / 389 |
| 841821000092 | ---- Used for resale, without energy efficiency characteristics. | 388 / 389 |
| 841821000093 | ---- Other, with energy efficiency characteristics. | 388 / 389 |
| 841821000099 | ---- Other, without energy efficiency characteristics | 388 / 389 |
| 841829 | --Other: | |
| 8418291000 | --- Absorption-type, electrical | |
| 84182910001 | ---- Single door, with a capacity less than or equal to 311.5 liters | |
| 841829100011 | ---- Used for resale. | 388 / 389 |
| 841829100019 | ----- Other. | 388 / 389 |
| 84182910009 | ---- Other | |
| 841829100091 | ----- Used for resale. | 388 / 389 |
| 841829100099 | ----- Other. | 388 / 389 |
| 8418299000 | --- Other | |
| 84182990001 | ---- Single door, with a capacity less than or equal to 311.5 liters | |
| 841829900011 | ----- Used for resale. | 388 / 389 |
| 841829900019 | ----- Other. | 388 / 389 |
| 84182990009 | ---- Other | |
| 841829900091 | ----- Used for resale. | 388 / 389 |
| 841829900099 | ----- Other. | 388 / 389 |
| 8418300000 | - Freezers of the chest type, of a capacity not exceeding 800 l | |
| 841830000010 | -- With energy efficiency characteristics. | 388 / 389 |
| 841830000090 | -- Other. | 388 / 389 |
| 8418400000 | - Freezers of the upright type, of a capacity not exceeding 900 l | |
| 841840000010 | -- With energy efficiency characteristics. | 388 / 389 |
| 841840000090 | --Other. | 388 / 389 |
Note: The tariff codes in this table may be modified due to an amendment to the international nomenclature or changes in the Central American Tariff System (SAC).
3. EXCEPTIONS 3.1. The entry of samples without commercial value is permitted for conformity assessment procedures and for laboratory testing, following the provisions in Annex A of this regulation.
3.2. The presentation of a product certificate is waived for household goods (menaje de casa) equipment within the scope of this regulation, according to the conditions established in the document "General Policies for Import under the 'Menaje de Casa' Modality" of the General Directorate of Customs, Technical Management Directorate, Department of Customs Processes, Ministry of Finance, in its current version.
3.3. Goods that are the object of logistics services by companies operating under the Free Zone Regime as Integral Logistics Services companies, under subsection c) of Article 17 of the Free Zone Regime Law, Ley N° 7210, are exempted; compliance with non-tariff requirements established in this regulation will not be required at the time of the entry of the goods into the facilities of the integral logistics services company, according to the tariff classifications defined in this regulation.
4. SYMBOLS AND ABBREVIATIONS 4.1. ANC: National Competent Authority (Autoridad Nacional Competente) 4.2. CIOT: Technical Barriers to Trade Information Center (Centro de Información de Obstáculos Técnicos) 4.3. DE: Directorate of Energy of the MINAE 4.4. ECA: Costa Rican Accreditation Body (Ente Costarricense de Acreditación).
4.5. ENN: National Standardization Body (Ente Nacional de Normalización).
4.6. IAF: International Accreditation Forum.
4.7. INTECO: Costa Rican Institute of Technical Standards (Instituto de Normas Técnicas de Costa Rica).
4.8. MINAE: Ministry of Environment and Energy 5. EQUIVALENCE WITH OTHER NORMATIVE DOCUMENTS 5.1. Normative equivalence study 5.1.1. The interested party must request that the ENN conduct a study to determine the equivalence of the normative document with the respective RTCA 97.01.81:22.
Said request must be accompanied by the following supporting documents:
a. The normative document of origin and an official translation thereof, if applicable (the documents of requirements and test or trial methods must be provided).
b. The energy label that will be used for commercialization.
c. A comparative report between RTCA 97.01.81:22 and the normative document of origin for which equivalence is sought to be demonstrated.
5.1.2. When a normative document establishing the energy efficiency limits is not available, the interested party must present the test method under which the equipment was evaluated and the conformity assessment certificate indicating the efficiency values. The ENN must verify that the minimum efficiency values in the certificate comply with the provisions of RTCA 97.01.81:22.
5.1.3. After receiving the request, the Standardization Directorate of the ENN will be responsible for evaluating whether RTCA 97.01.81:22 is equivalent to any of the following normative documents:
a. Current technical regulations, the complete document or part of the document, containing requirements.
b. Technical standards, the complete document or part of the document, containing requirements.
c. Conformity assessment certificate.
5.1.4. If the test or trial methods differ from those established in RTCA 97.01.81:22 under analysis, the interested parties must present technical substantiation that allows, once analyzed by the ENN, to conclude equivalence. The ENN, in consultation with experts or specialists it deems necessary, will determine whether such test or trial methods demonstrate the equivalence of the parameters contained in RTCA 97.01.81:22.
5.1.5. The technical body of the ENN will prepare a review report, for which it may conduct technical consultations with its counterparts abroad, testing or trial laboratories, experts, specialists, or other organizations with technical competence for this purpose.
5.1.6. The request must be submitted completely in order to be resolved within the deadlines established in this procedure. Under no circumstances may incomplete requests be rejected "ad portas" (at the outset). The ENN will have a period of 10 calendar days to review the submitted documents, and if necessary, the interested party will be notified of the need to complete their application. For these purposes, the interested party will have a period of 10 business days to complete the requirements. All the foregoing, in accordance with the provisions of Article 6 of Law N° 8220 and Article 264 of the General Public Administration Law, regarding the fact that upon the prevention to the administered party to complete the missing requirements, the resolution period is interrupted.
5.1.7. The Standardization Directorate of the ENN, based on the review report, will issue an opinion on the equivalence of the normative document with RTCA 97.01.81:22.
5.1.8. The opinion issued by the ENN must also contain the following information:
a. The name of the organization whose product(s) are subject to equivalence.
b. The address where the interested party can receive subsequent notifications regarding their application (can be physical, fax, or electronic).
c. The scope of the equivalence, including:
- Description of the product(s) considered as indicated in RTCA 97.01.81:22.
- The normative document and RTCA 97.01.81:22 for which equivalence is being determined; these citations must include the respective codes, numbers, and year that allow identifying such documents.
d. Any other information that, in the judgment of the ENN, is pertinent for the issuance of its opinion.
5.1.9. Once the provisions of subsection 5.1.6 have been verified, the ENN will have a maximum period of 10 calendar days to send the respective opinion to the interested party; however, such communication should not be interpreted as meaning that equivalence has been granted or denied. Notwithstanding the indicated period, the ENN will 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.
5.1.10. If the opinion on equivalence issued by the ENN is negative, this communication must include the corresponding reasons for this opinion.
5.2. Decision by the ANC 5.2.1. The interested party may request before the corresponding ANC the granting of equivalence with RTCA 97.01.81:22, based on the report submitted by the ENN.
5.2.2. If the ANC approves the request for equivalence, it will be published on the MINAE website (http://energia.minae.go.cr); likewise, it must notify said Resolution to the interested party, the Costa Rican Accreditation Body (ECA), the ENN, and the Technical Barriers to Trade Information Center (CIOT), who finally will make it available to the public on its website.
5.2.3. The ANC will have a maximum period of 10 calendar days to resolve the equivalence request; however, the ANC will have the possibility of extending said period 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.
5.2.4. Once the extract of the Resolution indicated in point 5.2.2 has been published, any other interested party may use the recognized equivalence for the purposes of the Declaration of Conformity indicated in section 5.5 of this procedure, without requiring authorization from any of the parties that originated the equivalence.
5.2.5. The ANC, despite the opinion issued by the ENN, may depart from it, in which case it must justify the reasons to all parties.
5.2.6. Whenever the ANC's decision is to deny the recognition of equivalence, it must justify the reasons for its denial to the interested party.
5.2.7. In compliance with the transparency obligations established in the Agreement on Technical Barriers to Trade of the World Trade Organization, the CIOT will proceed to coordinate with the Ministry of Foreign Trade the corresponding notification to said organization and, finally, will make it available to the public on its website.
5.2.8. In the event of a negative Resolution by the ANC, the interested party may file the ordinary appeals established in the General Public Administration Law.
5.2.9. When a normative document establishing the energy efficiency limits is not available, the scope of the equivalence will be solely for the certificates presented and the models within the scope of the certificates. The certificates and models of equipment declared equivalent will be published on the MINAE website (http://energia.minae.go.cr).
5.3. Non-granting of equivalence 5.3.1. Equivalence shall not be granted when the following conditions occur:
a. The technical requirements of the normative document for maximum consumption limits are greater than those established in RTCA 97.01.81:22.
b. When the applicant informs or publishes, before the equivalence decision by the ANC, that the product or products are already certified based on the supporting normative documents used to determine equivalence with respect to RTCA 97.01.81:22.
c. When the interested party makes biased, malicious, or misleading use of the documentation required in the process.
5.4. Validity 5.4.1. The equivalence will have an indefinite validity; however, modifications to the technical provisions of the normative document, repeals, as well as annulments, invalidate it. In such cases, it will be the obligation of the interested party to initiate a new equivalence process.
5.4.2. The ANC may withdraw the equivalence if there is proven evidence that the goods do not comply with the normative documents that originated it, and for the purposes of demonstrating conformity, it may not be used. In this case, a Resolution must be issued which, in addition to being notified to the applicant, must be published by extract in the Official Gazette La Gaceta and communicated to the CIOT, who will proceed to coordinate with the Ministry of Foreign Trade the corresponding notification to said organization and, finally, will make it available to the public on its website.
5.4.3. Additionally, if, in the market verification process, it is determined that there is misuse of the equivalence, the offender may not use the equivalence condition for the purposes of demonstrating conformity and must submit to the procedures established in Article 6 of this regulation to demonstrate conformity, without prejudice to other administrative sanctions established in national legislation.
5.5. Declaration of conformity 5.5.1. When it is required to demonstrate the conformity of a product with respect to a normative document that was already approved as equivalent to RTCA 97.01.81:22, the Declaration of Conformity must be supported by a certificate based on the normative document on which the equivalence was granted, provided that the conformity assessment body (organismo de evaluación de la conformidad) used is accredited or recognized by ECA, and provided that the accreditation authority of the country of origin is a signatory to a Multilateral Agreement before the International Laboratory Accreditation Cooperation (ILAC) or the International Accreditation Forum (IAF), within the scopes required by the normative document applicable to the product.
5.6. Costs 5.6.1. The costs related to the equivalence application must be covered and paid by the interested party in advance. For such purposes, the fee determined by ENN shall apply, in accordance with its internal procedures, providing the interested party with a prior quotation, which must include an estimate of hours and their unit cost.
6. DEMONSTRATION OF CONFORMITY.
6.1. National producers and importers have the obligation to demonstrate conformity with RTCA 97.01.81:22 prior to the definitive importation or placement of the product on the market, and for this they must comply with the following provisions:
6.1.1. Both national producers and importers subject to this technical regulation, prior to its definitive importation or commercialization in the national market, must submit the Declaration of Compliance (Declaración de Cumplimiento) form indicated in Annex B of this regulation and present it to ECA, in accordance with document ECAMC-MA-P06 Verification/Approval of declarations of compliance and issuance of technical notes.
6.1.2. The Declaration of Compliance must be submitted to ECA along with a copy of the label and the conformity assessment documents, either by means of a Product Certificate in accordance with subsection 6.1.7 or an Inspection Report in accordance with subsection 6.1.8. The validity of said declaration shall be one year, as indicated in subsection 5.1.2.2 of Decreto N° 37662 MEIC-HMICIT.
In cases where the validity period of the certificate or the accreditation of the conformity assessment body is less than 12 months at the time of its submission, the period established up to the expiration date in the conformity assessment documents and the accreditation that supports them shall be taken.
6.1.3. To verify the provisions of the previous subsection, ECA shall be governed by document ECA-MC-MA-P06 Verification/approval of declarations of compliance and issuance of technical notes.
6.1.4. ECA must indicate that it has granted its approval by adding the consecutive number, signature, and seal to the Declaration of Compliance. The presence of said seal shall not be interpreted as ECA having issued an opinion on the veracity of the results contained in the certificate.
6.1.5. In the case of products for definitive importation, ECA shall transmit a technical note to the Dirección General de Aduanas to confirm compliance with the technical requirements established in RTCA 97.01.81:22, by means of the Declaration of Compliance.
6.1.6. In the case of national products, producers must execute and maintain in their files the Declaration of Compliance approved by ECA.
6.1.7. Conformity assessment certificates issued by accredited product certification bodies must contain the information indicated in standard INTE/ISO/IEC 17065 in its current version. Additionally, product conformity certificates, when applicable, must contain the list of certified families with the description of the included models. Likewise, any other information that the declarant considers of interest may be attached, in compliance with the provisions of RTCA 97.01.81:22. Conformity assessment certificates must be issued through one of the following conformity assessment models established in standard INTE/ISO/IEC 17067 in its current version:
| INTE/ISO/IEC 17067 | Decreto N° 37662 MEIC-H-MICIT |
|---|---|
| Conformity assessment scheme type 1b | Model 7 |
| Conformity assessment scheme 4 | Model 4 |
| Conformity assessment scheme 5 | Model 5 |
6.1.8. Conformity assessment certificates issued by accredited inspection bodies must contain the information indicated in standard INTE/ISO/IEC 17020. Likewise, any other information that the declarant considers of interest may be attached.
6.1.9. If the equipment does not demonstrate its conformity, its definitive importation shall not be authorized and it must be re-exported by the importer. For the national manufacturer, if they do not demonstrate their conformity, they may not be commercialized in the country and ECA shall notify MINAE.
7. MARKET VERIFICATION:
7.1. The Ministerio de Ambiente y Energía (MINAE) may verify, on a random and representative basis, at the points of sale or in the warehouses of the manufacturer, importer, or marketer, the conformity of the products regulated in RTCA 97.01.81:22.
7.2. For the aforementioned verification, MINAE may conduct on its own, in agreement with another organization, or contract public or private Conformity Assessment Bodies duly accredited by ECA or with accreditation recognized by ECA, to carry out inspections, tests, or verifications in the market. To this end, they may opt for the following options:
7.2.1. Take a sample to perform tests related to the conformity assessment indicated in this technical regulation. The samples remain in the custody of MINAE or the body authorized for the inspection and will be returned once the verification process is completed.
7.2.2. Request from the national producer or the importer the information of all documentation that supported the conformity assessment of the products subject to this regulation and the respective declaration of compliance, whether these are of national or imported production. The deadline to present the documentation is 10 business days.
7.3. The sampling plans and sample collection for market surveillance under this regulation shall be random and consider the following:
7.3.1. For sample collection, household refrigerators and freezers must be classified by families, following the provisions of Annex C.
7.3.2. Families may be composed of one or several models. For each identified family, a sample of three units must be taken, randomly from any model that makes up the family.
7.3.3. From the selected sample, one unit is evaluated. In the event that the sampled unit does not comply with the energy consumption limit established in RTCA 97.01.81:22, the other two units of the sample shall be evaluated. The average energy consumption of the three units is verified for compliance with the specifications established in RTCA 97.01.81:22. If the average energy consumption value of the three units does not meet the specified conditions, the family is considered not to meet the energy efficiency requirements.
7.3.4. When surveillance is carried out corresponding to the selected model (as per subsection 6.1.7), the model of the refrigeration unit must be alternated to ensure the evaluation of all models that make up the family.
7.3.5. Whenever a new model is incorporated into the defined family, it must be evaluated beforehand by the product certification body to assess the conformity of the energy consumption limits and to be able to be incorporated into the family.
(NORMATIVE) Exception procedure for samples without commercial value for conformity assessment and for laboratory tests.
1. Prior to the entry of the sample without commercial value into the country, the interested party must submit to the Dirección de Energía (DE) of MINAE the following:
1.1. Complete a sworn statement (declaración jurada) in the format indicated in this annex, indicating the full name of the interested party, identification number, telephone number, and email address for notifications. In the case of legal entities, the name of the legal representative and the legal entity identification number must be indicated. Indicate the characteristics of the product, the tariff classification according to TICA, and that the products are samples without commercial value for non-commercial purposes.
1.2. The declaration must be submitted by email ([email protected]), signed in accordance with the provisions of Ley de Certificados, Firmas Digitales y documentos electrónicos N°8454 and its regulation.
1.3. Copy of the supplier's invoice indicating the product name, issuer and recipient, use or purpose of the sample, quantity, monetary value, country of origin, and an indication that it is a sample without commercial value.
1.4. If the invoice is in a language other than Spanish, it must be accompanied by its official translation.
1.5. The invoice must not contain other products or service costs that are not related to samples without commercial value and must not exceed 3 months from its issuance.
1.6. The interested importer must present the service contract for the samples for product certification or present the approved service contract with the corresponding Accredited Certification Laboratory. The maximum number of samples per product family established in the service contract shall be allowed.
2. The DE of MINAE shall carry out a review of the submitted documents and issue an approval or rejection decision on the application; for which it shall have a period of 10 calendar days, counted from the day following the submission of the application.
3. In the event that the information presented needs to be clarified or completed, the directly interested party shall have a period of 10 business days to rectify it, counted from the notification by the DE to the email address designated for notifications by the directly interested party.
3.1. Before the expiration of the 10 business days indicated in the previous subsection, the directly interested party shall have the possibility to request, prior to its expiration, an extension of up to 5 business days with due justification.
3.2. Once the duly corrected information is received within the period granted to the directly interested party, the remaining period of the 10 calendar days indicated in numeral 2 shall continue, and the approval or rejection of the application shall be issued, by means of an official letter signed by the director of the DE.
3.3. If, after the deadline has expired, the directly interested party has not sent the required information to the DE, action shall be taken in accordance with the second paragraph of Article 264 of the Ley General de la Administración Pública N°6227.
4. Once the application has been analyzed, and if the result is positive, the DE shall inform ECA by email, with a copy to the person requesting the procedure, so that within a period of 5 calendar days, ECA proceeds to transmit the corresponding endorsement to the technical note in the TICA System.
5. If the analysis carried out in point 4 above yields a negative result, the DE shall inform the directly interested party of this condition by email, with the respective justification, and shall conclude the procedure.
Any sample without commercial value subject to this procedure must bear indelible marks or labels with the legend: "Muestra sin valor comercial. Se prohíbe su comercialización." Format for the sworn statement I: _____________________, Identity or residence card No. _________________ domiciled at _______________ email for notifications __________________. In my capacity as: ( ) Natural person ( ) Legal entity of the company or institution named: ___________________________, engaged in:_______________________.
DECLARE UNDER OATH:
FIRST. That the product:
| Name | |
|---|---|
| Type or model: | |
| Lot or serial No.: | |
| Invoice No.: | |
| Quantity or packages: | |
| Weight: | |
| Length: | |
| Cost: | |
| Country of origin: |
Included in tariff heading ________________ (according to TICA) to which this declaration refers, are samples without commercial value for non-commercial purposes.
SECOND. That the products subject to this declaration are samples for conformity assessment and for laboratory tests.
THIRD. For the foregoing, I am warned of the legal and judicial consequences with which the law punishes the crime of perjury. Likewise, I am aware that, if the authority should corroborate any falsehood in this declaration, errors, or omissions in the documents provided, I must assume the sanctions established by Law.
NOTE: The products described herein may only be used as samples for conformity assessment and for laboratory tests. Otherwise, the Administration may sanction in accordance with the provisions of Ley Nº 7472, Ley de Promoción de la Competencia y Defensa Efectiva del Consumidor of December 20, 1994, and following due process.
| Place and date: | |
|---|---|
| Name and signature of the authorized person: |
(NORMATIVE) DECLARATION OF COMPLIANCE ___________________________________ (NAME OF ISSUER) We declare under our sole responsibility that the product: (NAME, TYPE OR MODEL, LOT, SAMPLE, OR SERIAL No., AS APPLICABLE, ORIGIN), included in tariff heading (TWELVE-DIGIT Tariff Classification) to which this declaration refers, complies with RTCA xx.xx.xxx(s): (TITLE AND NUMBER OF THE REGULATION in force), according to publication in the Diario Oficial La Gaceta No. (.) of (DATE).
PLACE AND DATE: ____________________________________________________________________ NAME AND SIGNATURE OF THE AUTHORIZED PERSON: ___________________________________ (COMPANY SEAL) Email for notifications: _______________________________________________________
| FOR EXCLUSIVE USE OF ECA | ||
|---|---|---|
| CONSECUTIVE No. | SIGNATURE | EFFECTIVE DATE |
| NAME OF THE AUTHORIZED OFFICIAL | ECA SEAL |
(NORMATIVE) FAMILY CLASSIFICATION 1. Definition of families: Two or more models are considered to be of the same family provided they meet each and every one of the following criteria:
a. Identical type - Refrigerator only - Conventional refrigerator - Refrigerator/freezer with:
i. Top freezer separate from the fresh food compartment, without ice and/or water dispenser ii. Bottom freezer separate from the fresh food compartment, without ice and/or water dispenser iii. Side freezer separate from the fresh food compartment, without ice and/or water dispenser iv. Top freezer separate from the fresh food compartment, with ice and/or water dispenser v. Bottom freezer separate from the fresh food compartment, with ice and/or water dispenser vi. Side freezer separate from the fresh food compartment, with ice and/or water dispenser - Freezer:
i. Upright with forced-air circulation.
ii. Upright with cold plates.
iii. Chest with forced-air circulation.
iv. Chest with cold plates.
b. Identical defrosting system - Manual and semi-automatic defrost - Partially automatic defrost.
- Automatic defrost - Long-duration automatic defrost.
- Variable automatic defrost c. Similar adjusted volume with a variation of ± 3% d. Identical electrical circuit with the exception of those indicated in subsections g. and h.
e. Identical main electrical components: compressor, electrical accessories.
f. Aesthetic changes, color changes, model number changes, and brand changes are permitted.
g. Models may be grouped with or without automatic ice-making devices and with one or more light bulbs in the refrigerator and freezer compartments, provided that these devices can be disconnected by the user without altering the normal operation of the appliance.
h. Models may be grouped with or without courtesy lights, radios, clocks, hygienic lamps, displays, and the like, provided that they can be disconnected by the user without altering the normal operation of the appliance.
2. The product certification body is responsible for classifying household refrigerators and household freezers by family, supported by the records of the families and the number of units per family.
3. The product certification body is responsible for conducting the sampling in accordance with numeral 7.3 of this regulation, for each identified family.