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Multiple Framework Contract FWC FPI PSF 2015 Lot 4 “Market Access and Trade & Investment Agreement Negotiation & Implementation” Mapping of applicable technical regulations, conformity assessment procedures and supporting standards in support of EU-Brazil business development DELIVERABLE 2 MACHINERY AND MECHANICAL APPLIANCES A project implemented by Eurosupport Consortium - AESA

Mapping of applicable technical regulations ... - ccgi.fgv.br Deliverable 2... · 7 Figure 1 - Activities of regulatory bodies Source: WTO database. Prepared by CCGI-EESP/ FGV (May

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Multiple Framework Contract FWC FPI PSF 2015

Lot 4 “Market Access and Trade & Investment Agreement Negotiation &

Implementation”

Mapping of applicable technical

regulations, conformity

assessment procedures and

supporting standards in support

of EU-Brazil business

development

DELIVERABLE 2

MACHINERY AND MECHANICAL

APPLIANCES

A project implemented by

Eurosupport Consortium - AESA

2

Delegation of the European Union to Brazil

Multiple Framework Contract FWC FPI PSF 2015

Lot 4: “Market Access and Trade & Investment Agreement

Negotiation & Implementation”

Request for Service 2016/379494 Version 1

Mapping of applicable technical regulations, conformity

assessment procedures and supporting standards in support

of EU-Brazil business development

Deliverable 2:

MACHINERY AND MECHANICAL APPLIANCES

May 2018

The Team:

Vera Helena Thorstensen ([email protected]) – Team Leader – TL

Michelle Ratton Sanchez Badin – Senior Expert – SE

Thiago Rodrigues São Marcos Nogueira – Junior Expert – JE

This report was prepared with financial assistance from the European Commission. The views expressed

are those of the consultant and do not necessarily represent any official view of the Commission or the

Government of this Country

3

TABLE OF CONTENTS

LIST OF ABBREVIATIONS ............................................................................................................................................ 4

1. OVERVIEW ................................................................................................................................................................... 6

2. MAIN REGULATION AND AUTHORITIES .............................................................................................................. 6

2.2. The Regulation from the Ministry of Labor and Employment .................................................................................... 8

2.3. Imports of used machinery ........................................................................................................................................ 12

3. STANDARDS AND SUPPORTING STANDARDS .................................................................................................. 13

4. CONFORMITY ASSESSMENT PROCEDURES AND CERTIFICATION .............................................................. 14

5. MERCOSUL REGULATION ...................................................................................................................................... 16

6. MAIN GOVERNMENTAL AND PRIVATE ACTORS IN THE SECTOR ............................................................... 18

ANNEX – TECHNICAL REGULATIONS NOTIFIED TO WTO ................................................................................. 19

LIST OF FIGURES AND TABLES

FIGURE 1 - ACTIVITIES OF REGULATORY BODIES .......................................................................... 7

FIGURE 2 - OBJECTIVES OF THE TECHNICAL REGULATION DECLARED TO THE WTO/TBT

(TOTAL: 45) ................................................................................................................................................ 7

FIGURE 3 –STANDARDS IN THE TECHNICAL REGULATION NOTIFIED TO WTO (TOTAL: 32) 7

TABLE 1 – TRADE OF MACHINERY AND MECHANICAL APPLIANCES (US$ BILLIONS) .......... 6

TABLE 2 - REGULATORY STANDARDS ON MACHINERY AND MECHANICAL APPLIANCES . 8

TABLE 3 - STANDARDS IN NR – 12 ....................................................................................................... 9

TABLE 4 - CHRONOLOGY THE TWO MAIN NORMS THAT REGULATE MACHINE AND

EQUIPMENT ............................................................................................................................................. 12

TABLE 5 - LIST OF PRODUCTS (HS 84) WITH COMPULSORY CERTIFICATION ........................ 15

TABLE 6 - STANDARDS APPROVED BY THE SECTORAL COMMITTEE OF MACHINERIES

AND MECHANICAL APPLIANCES ....................................................................................................... 16

TABLE 7 - LIST OF TECHNICAL REGULATIONS NOTIFIED TO WTO .......................................... 19

This is a working document, and hence it represents research in progress. The opinions expressed in this

paper are those of the research team and coordinator. They are not intended to represent the positions or

opinions of the European Union or its members and are without prejudice to members' rights and

obligations under the European Union. Any errors are attributable to the research team and coordinator.

4

LIST OF ABBREVIATIONS

ABNT Brazilian Association of Technical Standards

ABIMAQ Brazilian Machinery Builders’ Association

ABINEE Brazilian Electric and Electronic Industry Association

ACE Economic Complementation Agreement

ALADI Latin American Integration Association

AMN Mercosul Standardization Association

ANATEL Brazilian National Agency of Telecommunication

ANP Brazilian National Agency of Petroleum, Natural Gas and Biofuels

ANTT Brazilian Land Transport Agency

ART Technical liability annotation

ASTM American Society for Testing and Materials

BK Capital Goods

BNDES Brazilian National Bank of Economic and Social Development

CAMEX Brazil Foreign Trade Chamber

CAP Mercosul Common Automotive Policy

CGIEE Energy Efficiency Indicators Management Committee

CGEL General-Coordination of Electronic Complexes

CIPA Internal Commission for Accident Prevention

CLT Consolidation of Labor Laws

CMC Common Market Council, Mercosul

CNI Brazil National Confederation of Industry

CNTT Brazilian National Thematic Tripartite Commission

CONAMA Brazilian Environment Council

CSM Mercosul Sectorial Committees

DECEX Department of Foreign Trade Operations

DIN German institute for standardization

FDI Foreign Direct Investment

FIESP Federation of Industries of the State of São Paulo

FNDCT Brazilian Fund of Scientific and Technological Development

GMC Common Market Group, Mercosul

HS Harmonized System

IAF International Accreditation Forum

IEC International Electrotechnical Commission

IEEE Institute of Electrical and Electronics Engineers

IBDF Brazilian Institute for Forest Development

ILAC International Laboratory Accreditation Cooperation

ILO International Labor Organization

INMETRO Brazilian National Institute of Metrology, Quality and Technology

IPI Brazilian Manufactured Products Tax

ISO International Standardization Organization

MCR Adjusts the General Norms

MCTI Brazil Ministry of Science, Technology and Innovation

MDIC Brazil Ministry of Industry, Foreign Trade and Services

MRA Mutual Recognition Agreement

MTE Brazil Ministry of Labor and Employment

MTPS Brazil Ministry of Social Security

NM Mercosul Standard

NR Regulatory Standard

PADIS Brazil Support Program for the Technological Developments of the Semiconductor Industry

PATVD Brazil Support Program for the Technological Development of the Industry for Digital TV

PPB Basic Productive Processes

SBAC Brazilian System of Conformity Assessment

SDCI Secretariat of Industrial Development and Competitiveness, MDIC

SESMT Service in Safety Engineering and Occupational Medicine

SIEMA Brazilian National Environmental Emergency System

5

SISCOMEX Brazilian Integrated System of Foreign Trade

TBT Technical Barriers to Trade

WTO World Trade Organization

6

Project Brazil – EU:

Mapping of applicable technical regulations, conformity assessment procedures and

supporting standards in support of EU-Brazil business development

Deliverable 2

BRAZIL – MACHINERY AND MECHANICAL APPLIANCES

1. OVERVIEW

The machinery and mechanical appliances sector has had an important role in the recent

economic growth of Brazilian economy and in its international trade. In the last four years, the

bilateral trade flow in machinery and mechanical appliances ranged from US$ 30 to US$ 50

billion, narrowing substantially between 2013 and 2016.

Table 1 – Trade of Machinery and Mechanical Appliances (US$ billions) Year Brazil-World Brazil-EU

Exports Imports Exports Imports

2013 12,9 35,7 2,3 11,9

2014 12,7 31,9 2,2 10,2

2015 11,4 24,8 1,9 7,6

2016 11,6 21,1 2,0 6,7

Source: MDIC/AliceWeb. Prepared by CCGI-EESP/ FGV (May 2017).

2. MAIN REGULATION AND AUTHORITIES

The Brazilian main regulation for machinery deals with worker safety, machine safety and

consumer safety. The Brazilian National Institute of Metrology Quality and Technology

(INMETRO) deals with machinery in the perspective of the consumer. INMETRO normally

notifies in detail its regulation to the TBT Committee of the WTO (see details in the annex).

2.1. Notifications to the WTO

A brief analysis of the profile of technical regulations notified by the Brazilian government to

the WTO under the Agreement on Technical Barriers to Trade (TBT) may elucidate the big

picture of machinery and mechanical appliances sectorial regulation in the country. All projects

of technical regulations that impact international trade, even if applying international standards,

are notified to the WTO. In addition to INMETRO, the national enquiry point to the WTO/TBT,

other entities also notify under the WTO/TBT agreement, mainly Ministry of Mines and Energy

(MME).

From January 1st, 1995 until March 30th, 2017, there were 45 notifications from Brazil,

concerning the Machinery and Mechanical Sector, on TBT. INMETRO has traditionally by far

been the main body having technical regulations notified to the WTO, however, as we may

notice from the following Figure, MME has been more active in the last two years.

7

Figure 1 - Activities of regulatory bodies

Source: WTO database. Prepared by CCGI-EESP/ FGV (May 2017).

The main objectives of the technical regulation notified to the TBT Committee deal with safety

and environmental issues, human health, conformity and metrology and other topics of minor

relevance. The figure below registers those numbers:

Figure 2 - Objectives of the technical regulation declared to the WTO/TBT (total: 45)

Source: WTO database. Prepared by CCGI-EESP/ FGV (May 2017).

The following figure gives the big picture of the international standards adopted by the

Brazilian technical regulation on the machinery sector.

Figure 3 –Standards in the technical regulation notified to WTO (total: 32)

Source: WTO database. Prepared by CCGI-EESP/ FGV (March 2017).

1

4

2

5

1

2

1

2 2

7 7

5

1

22

1

0

1

2

3

4

5

6

7

8

2002 2003 2004 2005 2006 2007 2009 2010 2011 2012 2013 2014 2015 2016 2017

No

tifi

ca

tion

s T

BT

INMETRO MME

1; 2%

17; 38%

1; 2%

6; 13%

20; 45%

Conformity assessment

Environmental protection

Human health

Metrology

Safety

1; 3%

1; 3%

4; 13%

21; 66%

1; 3%

1; 3%

1; 3% 1; 3%

1; 3%IEC

NBR ISO

GENERAL RULES

ABNT NBR

ABNT NBR NM ISO

ABNT NBR ISO

ISO

ABNT NBR ISO/IEC

ISO/IEC

8

The standards ABNT NBR correspond to 66 per cent (21 standards) percent of the total notified

(32 standards). Such standards are issued by the Brazilian organization ABNT, without

explicitly endorsing any international standard.

2.2. The Regulation from the Ministry of Labor and Employment1

Considering safety of workers and safety of machines, the most important regulations are

Regulatory Standard 12 (NR-12), enacted by the Ministry of Labor, and Convention 119 from

the International Labor Organization (ILO). Ministry of Labor and Employment usually does

not notify the TBT Committee. Such technical regulations are mandatory and usually depict

technical and legal requirements about minimum aspects of safety and health at work.

The Consolidation of Labor Laws, major Brazilian legislation for labor rights, authorizes the

Ministry of Labor and Employment (MTE) to issue Regulatory Standards to regulate aspects of

a safe work environment for workers in the machinery sector as per articles 184 to 1862. The

main regulatory standards on machinery and mechanical appliances are on the following table.

Table 2 - Regulatory Standards on machinery and mechanical appliances NR Description

NR 1 General provisions

NR 2 Previous inspection

NR 3 Embargo or ban

NR 4 Specialized services in safety and work medicine engineering

NR 5 Internal commission of prevention of accidents – CIPA

NR 11 Transportation, movement, storage and handling of materials

NR 12 Safety at work in machines and equipment

NR 13 Boilers and pressure vessels

NR 17 Ergonomics

NR 18 Conditions and working environment in the construction industry

NR 19 Explosives

NR 20 Safety and health in the work with flammable and combustible

NR 22 Safety and occupational health in mining

NR 23 Protection against fires

NR 28 Oversight and penalties

NR 29 Safety and health on port work

NR 30 Safety and health on waterway work

NR 31 Safety and health on work in agriculture, livestock, forestry, forest exploration and aquaculture

NR 32 Safety and health on work in health services

NR 33 Safety and health on work in confined spaces

NR 34 Conditions and work environment in the industry of construction, repair and ship dismantling

NR 36 Safety and health on work in slaughter companies and processing of meat and meat products

Source: MTE. Prepared by CCGI-EESP/ FGV (June 2017)

In 1978, the MTE enacted NR-12, Ordinance GM n. 3,214/1978, with norms for the workers in

the machinery sector. The Ministry of Labor and Employment, the main authority enforcing

NR-12, has updated the regulation a few times since then. The norm aims to guarantee the

health and physical integrity of workers, improve work conditions in machines and equipment

and guarantee the safety of machines and equipment. It defines technical references,

fundamental principles and measures of protection of the health and physical integrity of

workers that use the machines and foresees minimum requirements to the prevention of

accidents and diseases of workers at work in all phases, from project, use of machinery and

equipment of all types, to its production, importation, trade, exhibition and assignment at any

title in all economic activities.

1 The Ministry of Labor and Employment and the Brazilian Superior Labor Court have lists with NRs

(Labor Regulatory Standards) for machinery and electric-electronic sectors available here. 2 Federal Law 6,514/1977 altered articles 184 to 186 of the Consolidation of Labor Laws, conferring its

current wording.

9

Concerning safety in the machinery and mechanical appliances sector, the main requirement on

the machine consists on the update of the inventory of machines and equipment with the

following minimum content: identification of the machine and the equipment, general

description (type, producer, model and features), capacity, productivity, time of operation by

day, operators involved, safety system, prevision of adequacy, financial resources for adequacy

and layout. It is also necessary to run a risk assessment as determined by NR-12. An expert shall

perform the risk assessment covering all the safety system of the machines and the equipment as

well as all the perimeter of the machine or equipment, considering the risks during the operation

and the maintenance.

The standards for the risk assessment are NBR ISO 12100:2013, ISO 14121 and, for the safety

system, NBR 14513. NBR ISO 12100:2013 regulates safety in machines, the general principles

of the project and the assessment and risk reduction. ISO/TR 14121-2:2012 regulates safety of

machinery, risk assessment and foresees practical guidance and examples of methods. NBR

14153:2013 regulates the safety of machines, parts of command systems related to safety and

general principles for the project. This standard is equivalent to norm EN 954-1 that regulates

safety of machinery and safety of related parts of control systems. Other standards regulate

specific issues of safety in machines as safety distances, safety of machine tools and safety

related parts of control systems.

The technical liability annotation (ART) serves as evidence and recognition of the adequacy of

the park of the machines. It reassures the company that a qualified professional performs the

required technical activities and, for that matter, one could say it has the function of defending

the society, proportioning technical and legal safety for the contracting parties. After its registry,

the ART will constitute proof of the technical and professional capacity of the company only if

the responsible technician indicated in the certificate of technical stock is also a technical staff

member of the ART receiving company.

There are in NR-12 other international standards besides the ones mentioned above concerning

risk assessment and risk reduction. According to Brazilian labor authorities, NR-12 is in

harmony with international regulations and norms (European directive, international norms ISO

and IEC and harmonized EN European norms) and mentions some international regulations and

standards that will be described below. ABNT NBRNM-ISO 13852 regulates safety of

machinery and safe distances to impede access to danger zones by upper limbs. ABNT

NBRNM-ISO 13853 regulates safe distances to impede access to danger zones by lower

members. These two standards were united in only one norm, EN ISO 13857:2008, about safety

of machinery and safety distances to prevent hazard zones being reached by upper and lower

limbs. ISO 4254-9 establishes parameters for useful width of inspection and maintenance

platforms for planters. ISO 13855 deals with safety of machinery and positioning of protective

equipment in respect of approach speeds of parts of the human body. Finally, ISO 14122

regulates safety of machinery and means of permanent access to machinery. The following table

shows the standards mentioned in NR-12.

Table 3 - Standards in NR – 12

STANDARDS IN NR-12 ORIGINAL STANDARD AND STANDARDS FOR

JOINT APPLICATION WITH THE MAIN

STANDARD

Annex 1: SAFETY

DISTANCES AND

REQUIREMENTS FOR THE USE OF

OPTOELECTRONIC

PRESENCE DETECTORS

ABNT NBRNM-ISO 13852-Safety of

machinery-safety distances to prevent access

to danger zones by the upper limbs

Copy of ISO 13852:1996 Safety of machinery -- Safety

distances to prevent danger zones being reached by the

upper limbs

ISO 13855:2010 - Establishes the positioning of safeguards with respect to the approach

speeds of parts of the human body

The international standard is mentioned directly in the annex

EN12622:2001 -Safety of machine tools-

hydraulic press brakes

The regional standard is referred to directly in the

annex 1

10

Annex 2:

PROGRAMMATIC

CONTENT OF

TRAINING

No standard N.A.

Annex 3: PERMANENT

ACCESS MEANS

EN 14122-Safety of machinery-permanent means to access to machines.

The regional standard is referred to directly in the annex 3

Annex 4:

GLOSSARY

ABNT NBR 14153-Safety of machinery-

parts of security-related control systems-general principles for design

EN 1037; EN 457; EN 60204-1; EN 60335-1; EN

614-1; EN 775; EN 842;EN 981; EN 982; EN 983

EN 954-1-Safety of machinery-Safety related

parts of control systems

The regional standard is referred to directly in the

annex 4

EN ISO 13849-1:2008-Safety of machinery-

Safety related parts of control systems

The international standard is mentioned directly in the

annex 4

ABNT NBRNM-ISO 13852-Safety of

machinery-safety distances to prevent access to danger zones by the upper limbs

Copy of ISO 13852:1996 Safety of machinery -- Safety

distances to prevent danger zones being reached by the upper limbs

ABNT NBR NM-ISO 13853 Safety of

machinery - Safety distances to prevent

access to danger zones by the lower limbs

Copy of ISO 13852:1996 Safety of machinery -- Safety

distances to prevent danger zones being reached by the

upper limbs

Annex 5: CHAINSAWS

EN ISO 13857:2008-Safety of machinery-

Safety distances to prevent hazard zones

being reached by the upper and lower limbs (meeting the standards ABNT NBRNM-ISO

NBR NM-ISO and ABNT 13852 13853)

The international standard is mentioned directly in the

annex 5

Annex 6: BAKERY

AND CONFECTIONERY

MACHINERY

No standard N.A.

Annex 7: -

MACHINERY FOR BUTCHERY AND

GROCERY

No standard N.A.

Annex 8: PRESSES

AND SIMILAR

ABNT NBR 13930 - Mechanical presses -

Safety requirement NBRNM-ISO13852; NBRNM-ISO13854; EN 1005-

2; EN 1127-1; EN 1299; EN 60204-1; EN 614-1; EN

692; IEC 60204-1; IEC 61310-2; IEC 61496-1; IEC

61496-2; ISO 10130-1; ISO 11202; ISO 11428; ISO

11688-1; ISO 13855; ISO 14122; ISO 3746; ISO

4413; ISO 4414; ISO 4871; ISO 9355-2; ISO 9355-3

ABNT NBR 14153 - Safety of machinery —

Safety related parts of control systems —

General principles for design

EN 1037; EN 457; EN 60204-1; EN 60335-1; EN

614-1; EN 775; EN 842;EN 981; EN 982; EN 983

Annex 9: INJECTOR OF

PLASTIC MATERIALS

ABNT NBR 13536:2016

NBRIEC60529; NBRISO/IEC17025;

NBRISO12100; NBRISO13855; NBRISO4414;

NBRNM-ISO13852; NBRNM-ISO13854;

EUROMAP 64; EUROMAP 67; EUROMAP 68;

EUROMAP 69; EUROMAP 72; IEC 60204-1 Ed.

5.1 b; IEC 61000-6-4 Ed. 2.1 b; IEC 61496-1 Ed. 3.0

b; IEC 61496-2 Ed. 3.0 b; IEC 61496-3 Ed. 2.0 b;

ISO 11201; ISO 11202; ISO 13856-1; ISO 13856-2;

ISO 14122-2; ISO 14122-3; ISO 14122-4; ISO 3744;

ISO 3746; ISO 3747; ISO 4413; ISO 4871; ISO/TR

11688-1; ISO/TR 11688-2

EN 201 The regional standard is referred to directly in the annex

9

Annex 10: MACHINES FOR MANUFACTURE

OF FOOTWEAR

No standard N.A.

Annex 11: MACHINERY AND

IMPLEMENTS FOR

AGRICULTURAL AND FOREST USE

No standard N.A.

Annex 12: GUINDAR

EQUIPMENT FOR RAISING PEOPLE AND

PERFORMING WORK

AT HEIGHT

ABNT NBR 14631 (standard cancelled)

ANSI/AWS B 1.10; ANSI/AWS D 1.1; ANSI/AWS D

1.2; ASTM D 877; ASTM F 914; SAE J 343; SIS

055900

ABNT NBR 11900 NBRISO2408; ISO 10425; ISO 6892-1; EN 13411-

1/Emenda 1

Source: MTE. Prepared by CCGI-EESP/ FGV (March 2017).

11

The concept of European harmonized standard, however, does not exist in Brazil. This concept

was introduced as a way of proving the conformity presumption with the European legislation

that regulates machinery, which deals with the requisites on safety to the free trade of machinery

in the European Union. In Europe, technical standards of the types A, B and C are recognized,

by European organisms of normalization, as the application of the state of the art. These

standards are voluntary and give presumption of conformity with EU machinery legislation if

published in the OJEU. This group of standards is regional standards EN but mostly based on

international ISO and IEC standards.

However, Nota Técnica 48/2016 determines the exclusion of the expression “fail-safe” of

NR12, since the inclusion of the concept of state of art and the correlation between the category

of safety and levels of performance, being a relevant point due to the possibility of wrong

interpretations that new machines, produced in Europe according to international standards ISO

or IEC, or harmonized EN type C standards, are not in conformity with NR12.

The specification of failures to which a product or system must be resistant is recommended

when the principle of fail safe is applied. However, considering that NR 12 establishes general

principles of mandatory compliance and must not provide constructive aspects of each existing

type of machine or equipment that offers risk to workers and the possible conflict between NR

12 and technical norms in force or in phase of creation/translation, the principle of fail safe was

removed from the norm.

The concept of state of technique has no precise definition, but encompasses technical aspects

and economic aspects in a way that technical solutions adopted must apply the most efficient

technical means available at the moment at a reasonable cost, considering the total cost of the

machine and the necessary reduction of risks. The machine producers have the duty to be

attentive to technical progress and apply the most efficient technical solutions that are adequate

to each machine, when they are available at a reasonable cost. In cases in which it is not

possible to fully satisfy the essential requisites of safety and health on the current state of

technique, the producer of the machine must comply to the highest extension the objectives

foreseen on the essential requisites of safety and health.

NR 12 is in permanent update and aligned with international concepts on safety of machines.

The Thematic Tripartite National Commission of the NR 12 (CNTT) was created to regulate

this issue, always considering national characteristics. Evidences of the application of the state

of technique are the application of international norms and, on the absence of an international

norm, the application of EN harmonized norm of type “c” on specific cases.

The National Thematic Tripartite Commission - CNTT of NR-12 is responsible for overseeing

the implementation of the new NR-12 regulation. Machinery and mechanical appliances that

have already met NR-12 requirements, within the established deadlines, cannot suppress or non-

replace previously existing safety-related parts and systems. The deadlines established for the

validity of the items do not apply to the conditions of serious and imminent risk to the health or

physical integrity of the workers and involve only the machinery or mechanical appliances in

which the situation was verified.

Main regulations from MTE and other ministries provide exceptions to the NR-12, creating an

institution that deals with new NR-12 regulation, foresee conditions of safety in work

environment and determine the application of standards. It is important to emphasize some

aspects of the Technical Note DSST/SIT n. 179/2016 because it regulates the application of

national (ABNT) and international technical standards (ISO and IEC) as well as harmonized

European standards as evidence of compliance with the state of art.

12

The main MTE regulation that brings innovations to NR-12 is ordinance 857/2015. It

determines that machinery and mechanical appliances destined to exportation are exempted of

the compliance with technical safety requirements foreseen in NR-12. The ordinance also alters

Article 12.152.1, which establishes that the annexes foresee obligations, special provisions or

exceptions that are applied to a specific type of machinery or mechanical appliance in a priority

character, without prejudice to the foreseen in a specific regulatory standard.

The main MTPS regulations that changed NR-12 are ordinance 211/2015 and ordinance

509/2016. The first establishes that the manual of machinery and mechanical appliances

produced or imported since the validity of the norm must contain, at least, technical information

to support the creation of working and safety procedures during all the phases of use. The

second inserted an article in NR-12 that foresees that in case of a conflict between the items of

annexes and the items of the general parts of the norm, the requisites in the annex prevail.

The ILO convention provides that the competent authority in each country will determine if and

in which measure the machinery, new or second-handed, is dangerous to the physical integrity

of workers. The convention includes propositions related to the prohibition of sales, location

and use of machines without adequate protection devices.

The table ahead displays a summarized chronology of NR-12 and of the ILO Convention 119.

Table 4 - Chronology the two main norms that regulate machine and equipment Year Regulation from the MTE

1978 First publication of NR-12, approved by Ordinance GM nº 3214/1978.

1994 Brazil became a signatory to ILO Convention 119 on the Protection of Machinery, by means of the Decree nº 1.255.

2006 Law n° 123/2006 provides about exceptions of NR-12, for small and micro enterprises (SMEs).

2010 Ordinance n° 197/2010 changed the NR-12. It creates the National Thematic Tripartite Commission - CNTT of NR-12 with the objective of accompanying the implementation of the new NR-12 regulation. It distinguished the new

machinery and the old machinery.

2013 Ordinance n° 1.893/2013 changed the NR-12 (provisions within the chapters and Annexes III and XI, such as fixed protection, which must be permanently held in place or by means of fastening elements which only permit its removal

or opening with the use of tools; spacing between horizontal and vertical bars; distance from the structure; choice of

means of access according to inclination, among others).

2015 Ordinance n°857/2015 changed the NR-12 (provisions within the NR-12 concerning safety in work environment on

machines and equipment and the simplification of rules for small and micro enterprises (SME).

2015 Ordinance n° 211/2015 changed the NR-12 (changed the NR-12, including Non-fire-propagating materials, self-

extinguishing, interlocking devices, safety sensors, color inclusion for the safety signaling of machinery and equipment).

2016 Technical Note DSST/SIT n° 48/2016. Clarifications regarding the exclusion of the concept of safe failure from NR-

12 - Safety at Work in Machinery and Equipment; concept of state of the art; and regarding the importation of

machines, especially regarding the application of international and harmonized standards, addressing the correlation between security category and performance levels.

2016 Ordinance n° 509/2016 – Changed the NR-12.

2016 Technical Note DSST/SIT n° 179/2016 - Analysis of the applicability of NR-12 to portable power tools and

transportable power tools; application of national (ABNT) and international technical standards (ISO and IEC) as well as harmonized European standards as evidence of compliance with the state of the art.

Source: MTE. Prepared by CCGI-EESP/ FGV (March 2017).

2.3. Imports of used machinery

Used machinery and used parts of machinery can be imported in some circumstances, especially

in cases in which there are no similar machines in the country (Ordinance n. 23/2011) 3. It is

also possible to import reconditioned parts as long as the procedure occurs intra-firm or if the

importer country accredited the reconditioning company. It should also be highlighted the

possibility of importing used machinery into the drawback system, as well as the machinery

used by a Brazilian company that provides services abroad.

3 Further details in <http://www.abimaq.org.br/site.aspx/Usados>.

13

3. STANDARDS AND SUPPORTING STANDARDS

In general, the ABNT uses ISO standards as a basis for elaborating its own standards4. ISO

standards are also a basis for many INMETRO technical regulations and they are even

mentioned in the MTE’s regulations. Usually, ABNT standards are voluntary but when referred

to in a technical regulation they become mandatory standards. In the absence of a technical

standard, ABNT standards become a reference of product quality to the market.

From a total 782 standards, a quarter of the standards (there are 197 ISO NBR standards and

585 pure ABNT NBR standards) used by Brazilian manufacturers derives from ISO standards.

This number is due in part to the maintenance of some longstanding ABNT NBR standards,

elaborated in a period in which there was no obligation or incentives to follow and adopt

international standards. After the WTO Agreements entered into force, standards developed in

Brazil started adopting international standards. This percentage of ISO standards have grown in

recent years. The following graphic indicates the participation of ISO standards on the universe

of Brazilian standards for machinery and mechanical appliances.

Figure 4 –Brazilian Standards for Machinery and Mechanical Appliances (total: 782)

Source: ABNT. Prepared by CCGI-EESP/ FGV (March 2017).

The increasing application of international standards by ABNT is shown on the following

graphic.

4 A relevant number of technical regulations (especially those on conformity assessment procedures)

refers to supporting standards, usually issued by ABNT, a private body. There are different kind of

supporting standards issued by ABNT that goes from a fully original standard developed under its

Standardizing Committees (CB) to those based on international standards, mainly ISO and IEC. Usually,

(i) If it is a standard identical to an international standard, it will appear, for example, as ABNT NBR ISO

nº XXX; (ii) If it is based on an international standard, a reference to this international standard will be in

the preamble of the standard; and (iii) If it is an original standard, it will appear as ABNT NBR nº XXX.

ABNT does not provide a list of all international standards adopted in full or modified by any of its

committees. The search tool available requires a keyword search that goes from product to product at

ABNT’s website. ABNT Catalog with all searching tools is available here. In the same way as CEN,

CENELEC, ASTM and other standardizing bodies, the interested party have to pay a fee in order to have

granted full access to the content of standards issued by ABNT. The costs vary depending on the

standard.

585; 75%

197; 25%

ABNT

ABNT ISO

14

Figure 5 - The evolution of the use of international standards by ABNT

Source: ABNT. Prepared by CCGI-EESP/ FGV (March 2017).

Ordinances and resolutions of different ministries contain supporting standards. They have also

altered NR-12 and created new regulatory standards as NR-36, which regulates safety and

health at work in slaughter companies and processing of meat and derivatives.

The resolutions of ANVISA deal with regulation of sanitary surveillance for the importation and

exportation of material of any nature, the certification of good manufacturing practices and the

modification of labelling and the new packaging of household cleaners. Ordinances of

INMETRO, in turn, deal mainly with three steps of the conformity assessment procedure:

exemption from compulsory certification, inspection in the areas of manufacture, importation

and commercialization and compulsory labelling.

4. CONFORMITY ASSESSMENT PROCEDURES AND CERTIFICATION

In Brazil, the certification consists on a series of acts done by a third party body (an independent

body) to confirm and declare that a good, service, person or system is in conformity with

specified technical requirements, whether domestic, foreign or international. In other words, the

certification process starts with the awareness that getting a certificate is necessary to show the

quality of a product and to keep the level of competitiveness in a given market, involving the

use of technical standards. It also involves the diffusion of the concept of quality through all the

sectors of a company, including its internal operative aspects and the relationship with the

society and the environment5.

Third party bodies normally receive the name of certification organisms (OC) or accredited

certification bodies (OCC). In Brazil, the National Institute of Metrology (INMETRO)6 is

responsible for the accreditation. The certification can be voluntary, whose decision is exclusive

of the company that manufactures the product or supplies the service; or compulsory,

established by the government to the trade of goods and services7. The following table contains

the machines with compulsory certification.

5 ABIMAQ. Avaliação de conformidade. Available at: <http://www.abimaq.org.br/site.aspx/Avaliacao-

da-Conformidade> (accessed on 27 February 2018). 6 INMETRO has made available to the general public a searching tool in which it is possible to search by

keywords, date and number of the technical regulation here. 7 ABIMAQ. Avaliação de conformidade. Available at: <http://www.abimaq.org.br/site.aspx/Avaliacao-

da-Conformidade> (accessed on 27 February 2018).

0

50

100

150

200

250

300

350

400

450

500

1980 1990-1994 1995-2000 2001-2010 2011-2017

Sta

nd

ard

s

Períodos

ABNT ABNT-ISO

15

Table 5 - List of Products (HS 84) with compulsory certification Object Conformity

assessment

mechanism

Regulatory

Agency

Type of

Ordinance

Ordinances of INMETRO

Gas water heaters, instant

and types of accumulation

Certification INMETRO PAC Paragraph 182 of Ordinance 12/04/2012

Pumps and centrifugal

pumps

Supplier's

declaration

INMETRO PAC Ordinance No. 455 of 01/12/2010

Centrifugal Clothes Certification INMETRO PAC Ordinance 553 of 29/10/2015

Discharge systems components and fuel supply

Certification CONAMA PAC Ordinance No. 37 of 16/02/2005

Air conditioners Supplier's

declaration

INMETRO PAC Ordinance No. 7 of 04/01/2011

Intermediates for bulk

containers (IBC) used in the transport of dangerous

goods

Certification ANTT PAC Ordinance order No. 250 of 16/10/2006

Catalytic converters intended for replacement

Supplier's declaration

MMA-IBAMA

PAC Ordinance No. 547 of 17/12/2014

Equipment for water

consumption

Certification INMETRO PAC Ordinance No. 344 of 22/07/2014

Electrical equipment under

health surveillance scheme

Certification ANVISA PAC Statutory instrument No. 54 of 01/02/2016

Solar water heating equipment

Certification INMETRO PAC Ordinance No. 352 of 06/07/2012

Single-use equipment of

transfusion, infusion and

Gravitational infusion for use with infusion pump

Certification ANVISA PAC Ordinance No. 502 of 29/12/2011

Stoves and household gas

ovens

Certification INMETRO PAC Ordinance No. 400 of 01/08/2012

Pressure indicators for fire

extinguishers

Certification INMETRO PAC Ordinance r No. 298 of 27/07/2010

Washing machines for domestic use

Supplier's declaration

INMETRO PAC Ministerial order No. 185 of 15/09/2005

Sound equipment sound

power and its similar

Not applicable INMETRO RT Ordinance No. 268 of 21/09/2009

Electromagnetic ballasts for

lamps and sodium vapor lamps to metal vapor

(Halides)

Supplier's

declaration

INMETRO PAC Ordinance No. 454 of 01/12/2010

Portable receptacles for

liquefied petroleum gas-LPG

Certification INMETRO PAC Ordinance No. 418 of 05/11/2010

Refrigerators and their like,

household

Supplier's

declaration

INMETRO PAC Ministerial order No. 577 of 18/11/2015

Low pressure regulators for

liquefied petroleum gases (LPG) with flow capacity of

up to 4 kg/h

Certification ANP PAC Ordinance No. 7 of 08/01/2013

Refurbishing of Cylinders

for the storage of Natural gas vehicles (NGV)

Supplier's

declaration INMETRO PAC Ordinance No. 308 of 01/07/2014

Table, wall fans, Pedestal

and Air Circulators or

devices marketed for this purpose

Certification INMETRO PAC Ordinance No. 20 of 18/01/2012

Fire extinguishers Certification INMETRO PAC Ordinance No. 486 of 08/12/2010

Source: INMETRO. Prepared by CCGI-EESP/ FGV (March 2017). The main conformity assessment mechanisms are certification and supplier’s declaration.

Besides INMETRO, other relevant regulatory agencies are ANP, ANTT, ANVISA8, CONAMA

and MMA.

8 ANVISA also issues regulations and it is available to the general public a search tool on its website in

which one can search for regulations by their status, subject, type of act, date of publication in the Official

Gazette, number, or keywords in the summary. It is available here.

16

5. MERCOSUL REGULATION Mercosul has limited results in regulating machinery and mechanical appliances. It has relied on

Mercosul Standardization Association (AMN), which develops standards usually in conformity

with the work of the ISO.

There is, in the ambit of Mercosul, an ad hoc group on industry under the Trade Commission of

Mercosul. Non-governmental entities are also important actors in the adoption of standards

followed by the manufacturers, especially in the case of capital goods. The AMN promotes

standardization through Mercosul Sectorial Committees (CSM), which represent industrial

segments. Their main purposes are the establishment of sectoral standardization programs and

carrying out the process of elaboration and harmonization of standards. There is one specific

sectorial committee, the Committee of Machineries and Equipment.

Private actors have an important role in the creation of Mercosul Sectorial Committees. It is

worth noting that private sector initiatives, in the machinery and mechanical appliances sector,

through national standardization associations and through the regional standardization

association, seem to be more dynamic than public sector decisions. Generally, standards

approved by the Sectorial Committees use an international ISO/IEC standard as a basis, which

indicates some commitment with international standards. The table below provides the

standards approved by the CSM of machineries and mechanical appliances.

Table 6 - Standards approved by the Sectoral Committee of Machineries and Mechanical

Appliances9 Standard Description

NM 00153:1998 Tilt measuring systems - Bubble cylindrical tubes (Dimensions and requirements) NM 00154:1998 Tilt Measurement Systems - Electronic Systems (Types and Requirements) NM ISO 06506-1:2010 Metallurgical materials - Brinell hardness test - Part 1: Test method (ISO 6506-1: 2005, IDT) NM-ISO 00230-

4:2001 Machine tool test code. Part 4: Circular tests for machine tools with numerical control

NM 00152:1998 Tilt measuring instruments and systems (levels) NM 00214:1999 Steel Flat Ruler NM 00260:2001 Height meter - Construction features and metrological requirements NM 00212:1999 Cold drinking water meters up to 15 m³ / h NM-ISO 13853:2003 Safety of machinery. Safety distances to prevent access to danger zones by lower limbs NM 00281-1:2003 Metal Materials - Part 1: Charpy Pendulum Impact Test NM 00282-1:2003 C Calibrator body for cylindrical plain "pass" cylinders, for holes with a nominal diameter of 1 mm up to

40 mm, for general and precision mechanical use NM 00282-2:2003 C Body of smooth cylindrical "pass" calibrator cap for holes with nominal diameter above 40 mm up to

120 mm NM 00282-4:2003 C Body of plain "cylindrical" pass-through calibrator cap for holes with nominal diameters up to 40 mm

up to 250 mm for use in precision mechanics NM 00290-1:2004 Non-pass cylindrical plain cap calibrator body for holes with nominal diameters from 1 mm up to 40

mm for general use and precision mechanics NM 00290-2:2004 Calibrator body with spherical end "does not pass", for holes with nominal diameter above 40 mm up to

500 mm NM-ISO 10791-

1:2002 Test conditions for machining centers. Part 1: Geometric tests for machines with accessory heads (Z axis

- horizontal) NM-ISO 07500-

1:2004 Metal materials - Calibration of uniaxial static testing machines - Part 1: Traction / compression testing

machines - Calibration of the force measurement system NM 00256:2001 Optical planes

NM 00257:2001 Optical Parallels NM 00284:2003 C Plain "cylindrical" ring and plain cylindrical plain standard ring gauge for regulation with a nominal

diameter of 1mm to 315mm for use in precision mechanics and to control the largest diameter of an external thread

NM 00285:2003 C "Non-pass" cylindrical plain ring gauge with nominal diameter from 1 mm to 315 mm NM 00286:2003 C Non-pass "cylindrical plain" ring gauge with nominal diameter from 1 mm to 315 mm for use in

precision mechanics NM-ISO 00001:1996 Standard reference temperature for industrial measurements of length

9 The highlights refer to Mercosul Standard based on ISO Standard.

17

NM 00213-2:1999 Safety of machinery - Fundamental concepts, general principles of projects. Part 2: technical principles

and specifications NM ISO 06507-2:2008 Metal materials - Vickers hardness test - Part 2: Verification and calibration of test machines (ISO 6507-

2: 2005, IDT) NM ISO 06507-1:2008 Metallic materials - Vickers Hardness Test - Part 1: Test Method (ISO 6507-1: 2005, IDT) NM-ISO 03611:1997 Micrometers for external measurements NM 00216:2000 Depth meters and calipers - Constructive features and metrological requirements NM 00104:1996 Performance Cast Iron NM 00103:1996 Granite performance NM 00080:1996 Wired ruler NM 00081:1996 90 ° steel frame NM 00215:2000 Blocks – standard NM 00187-1:1999 Metal Materials - Brinell Hardness - Part 1: Brinell Hardness Measurement NM-ISO 00230-

1:1999 Machine tool test code Part 1: Geometric accuracy of machine tools operating without load or in

finishing conditions NM-ISO 00230-

2:1999 Machine tool test code Part 2: Determination of accuracy and repeatability of positioning of machine

tool shafts to numerical control NM 00213-1:1999 Safety of machinery - Fundamental concepts, general principles of projects. Part 1: Basic Terminology

and Methodology NM 00155:1998 Numerical command of machines - Nomenclature of coordinate systems and movements NM-ISO 02972:1998 Numerical control of machines – Symbols NM 00207:1999 Passenger lifts NM 00195:1999 Escalators and crawlers - Safety for manufacturing and installation NM 00267:2001 C Hydraulic passenger lifts - Safety requirements for construction and installation NM 00196:1999 C Passenger Lifts and Forklifts - Carriage and Counterweights - Profile T NM 00313:2007 Passenger lifts - Safety requirements for construction and installation - Particular requirements for the

accessibility of persons, including persons with disabilities NM-ISO 10791-

3:2003 Test conditions for machining centers. Part 3: Geometric tests for machines with integrated and indexed

or continuous universal heads (Z-axis) NM-ISO 10791-

4:1999 Testing conditions for machining centers Part 4: Accuracy and repeatability of positioning of linear and rotary axes

NM-ISO 10791-

7:1999 Test conditions for machining centers. Part 7: Accuracy of the finished test piece machining. Part 7:

Accuracy of the finished test piece NM ISO 06507-3:2008 Metallic materials - Vickers hardness test - Part 3: Calibration of reference blocks (ISO 6507-3: 2005,

IDT) NM ISO 06507-4:2008 Metal materials - Vickers hardness test - Part 4: Tables of hardness values (ISO 6507-4: 2005, IDT) NM 00187-2:1999 Metal materials - Brinell hardness - Part 2: Calibration of Brinell hardness measuring machine NM 00187-3:1999 Metal materials - Brinell hardness - Part 3: Calibration of standard blocks to be used in the calibration of

Brinell hardness measuring machines NM 00272:2001 Safety of machinery - Protection - General requirements for the design and construction of fixed and

mobile guards NM 00273:2001 Safety of machinery - Interlocking devices associated with guards - Principles for design and selection NM 00258:2001 V-shaped prism for inspection NM-ISO 13854:2003 Safety of machinery - Minimum clearances to prevent crushing of parts of the human body NM-ISO 00230-

3:2003 Test code for machine tools. Part 3: Determining thermal effects

NM-ISO 10791-

8:2004 Test conditions for machining centers - Part 8: Evaluation of contour performance in the three coordinate planes

NM 00279:2002 Measuring and control instruments - Steel graduated rulers - Constructive features and metrological

requirements NM 00283:2003 C Calibrator cylindrical plain "ring" ring and standard cylindrical plain ring for regulation with nominal

diameter from 1 mm to 315 mm for general use and for regulation of pneumatic length measuring

devices NM-ISO 10791-

2:2003 Test conditions for machining centers - Part 2: Geometric tests for machines with vertical axle or with universal heads with vertical primary rotary axis (Z axis - vertical)

NM-ISO 10791-

5:2003 Test conditions for machining centers. Part 5: Accuracy and repeatability of pallet positioning

NM-ISO 10791-

6:2003 Test conditions for machining centers. Part 6: Accuracy of Advances, Speeds, and Interpolations

NM-ISO 13852:2003 Safety of machinery - Safety distances to prevent access to danger zones by the upper limbs NM 00281-2:2003 Metal Materials - Part 2: Charpy Pendulum Impact Testing Machine Calibration NM 00282-3:2003 C Corrugated plain section cylindrical cap body, for holes with nominal diameter above 120 mm up to 200

mm NM 00290-3:2004 "Non-pass" sectioned cylindrical plain cap calibrator body for holes with nominal diameter above 120

mm up to 200 mm NM 00290-4:2004 Body of plain "cylindrical plain" cap plunger for holes with nominal diameter above 40 mm up to 120

mm NM 00290-5:2004 "Non-pass" cylindrical plain cap calibrator body for holes with nominal diameters greater than 40 mm

up to 250 mm for use in precision mechanics NM-ISO 01984-

1:2004 Test conditions for manually operated milling machines with fixed height table - Accuracy test - Part 1:

Machines with horizontal shaft NM ISO 06508-1:2008 Metal materials - Rockwell hardness test - Part 1: Test method (scales A, B, C, D, E, F, G, H, K, N, T)

(ISO 6508-1: 2005, IDT)

18

NM ISO 06508-2:2008 Metal materials - Rockwell hardness test - Part 2: Verification and calibration of test machines (scales A,

B, C, D, E, F, G, H, K, N, T) (ISO 6508-2: 2005, IDT) NM ISO 06508-3:2008 Metal materials - Rockwell hardness test - Part 3: Calibration of reference blocks (scales A, B, C, D, E,

F, G, H, K, N, T) (ISO 6508-3: 2005, IDT) NM ISO 06506-2:2010 Materials - Brinell hardness test - Part 2: (ISO 6506-2: 2005, IDT)

NM ISO 06506-

3:2010

Materials - Brinell Hardness Test - Part 3: (ISO 6506-3: 2005, IDT)

Source: AMN. Prepared by CCGI-EESP/ FGV (March 2017).

6. MAIN GOVERNMENTAL AND PRIVATE ACTORS IN THE SECTOR

Main government actors involved with the machinery and mechanical appliances sector are: (1)

the MDIC, more specifically the Secretariat of Foreign Trade (SECEX) and the Secretariat of

Development and Industrial Competitiveness (SDCI); (2) the MTE; (3) the MCTIC; (4)

INMETRO; (5) ANVISA.

Main private actor involved with the machinery and mechanical appliances sector is the

Brazilian Association of Machinery and Equipment (ABIMAQ).

ANNEX – TECHNICAL REGULATIONS NOTIFIED TO WTO

Table 7 - List of technical regulations notified to WTO Doc. Year Products covered Agency

responsible

Notified document title Situation Description of content Objective and rationale Technical Provisions/Standards

G/TBT/N/BRA/698 2016 Parts &amp; accessories for adp.

machines &amp;

units (HS: 847330)

INMETRO Ordinance Nº. 511, dated November 7, 2016. (2 pages,

in Portuguese)

Draft not approved.

Conformity assessment procedures that must be regarding the Evaluation

Program for the Computer

Accessories and Peripherals Asset Compliance.

Prevention of deceptive practices and consumer

protection; Protection of

human health or safety; Quality requirements;

G/TBT/N/BRA/513 2012 Refrigerators,

freezers and other refrigerating or

freezing equipment

(HS 8418).

INMETRO Ministerial Act: Nº 463, 10th

September, 2012 (28 pages in Portuguese).

Resulted in Ordinance N.

577, dated November 18, 2015

In force Draft technical regulation which

establishes technical requirements that must be met by refrigerating

appliances, with a focus on security

and energy efficiency.

Consumer information,

labelling; Protection of human health or safety;

Protection of the

environment; Consumer security and information;

environment protection. ;

IEC 62.552:2007 + Ed. Household refrigerating appliances -

Characteristics and test methods 1.0

G/TBT/N/BRA/514 2012 Washing Machines (HS 8450).

INMETRO Ministerial Act: Nº 466, September 13, 2012 (51

pages in Portuguese).

Draft not approved.

Draft technical regulation which establishes technical requirements that

must be met by electric washing

machines for household and similar use, with a focus on security and

energy efficiency aiming the

prevention of risks.

Consumer information, labelling; Protection of

human health or safety;

Protection of the environment; Consumer

security and information;

environment protection. ;

G/TBT/N/BRA/706 2017 Ceiling fans (HS:

841451)

MME Draft Ordinance No. 49,

February 13, 2017 (2 pages,

in Portuguese)

In force Draft regulation proposing essential

requirements to be complied by

ceiling fans, domestically manufactured or imported, to be

traded or used in the country, and

establishing the conformity assessment mechanism for minimum

levels of energy efficiency

verification characterized by the Supplier Statement with a focus on

the Product performance and

evidenced by the National Label of

Energy Conservation – ENCE,

through the Brazilian Labelling

Program – PBE, carried out by Inmetro.

Consumer information,

labelling; Protection of the

environment;

NBR ISO 17.025 (ABNT)

G/TBT/N/BRA/505 2012 Centrifugal Clothes

Dryers (HS 8421.12)

INMETRO Ministerial Act: Nº 448, 30th

August 2012 (29 pages in Portuguese).

Draft not

approved.

Draft technical regulation which

establishes the technical requirements that must be met by Centrifugal

Consumer information,

labelling; Protection of the environment; Consumer

20

Clothes dryer for domestic use, in

order to fulfill levels of energy

efficiency and an adequate level of

security for the product.

security and information;

environment protection. ;

G/TBT/N/BRA/456 2012 Systems and

equipment for water

heating using solar energy (HS 8419)

INMETRO Ministerial Act: Nº 477,

dated December 15, 2011

(22 pages in Portuguese). Resulted in Ordinance no

301, dated June 14, 2012.

In force Draft technical regulation proposing

essential requirements to be complied

by systems and equipment for water heating using solar energy, aiming at

safety, performance, accident

prevention and energy efficiency.

Consumer information,

labelling; Protection of the

environment; Protection of the environment and

consumer security.;

G/TBT/N/BRA/595 2014 Household washing

machines

INMETRO Inmetro Ordinance Nº 314,

July 1, 2014. Improve the

requirements for household washing machines within the

Brazilian Labelling Program

for energy conservation (PBE) concerning the

acquaintance with de score

for washing and energy efficiency plus spin

effectiveness and water consumption (7 pages, in

Portuguese)

Draft not

approved.

Improvement of the washing

machines for household use by the

points concerning the level of washing and energy efficiency, and

water consumption by the revision of

the national label for energy conservation - ENCE within the

Brazilian Labelling Program for

energy conservation (PBE).

Consumer information,

labelling; Quality

requirements;

G/TBT/N/BRA/256 2007 Electric ceiling fans (HS: 841451)

INMETRO Ministerial Act number 314, dated August 13, 2007

(Ordinance No 314, dated

August 13, 2007), issued by INMETRO Ordinance, on

compulsory technical

requirements and procedures to assess the conformity of

electric ceiling fans (36

pages, in Portuguese).

Draft not approved.

Draft technical regulation and conformity assessment procedure

which lays down technical

requirements and test methods for a compulsory labelling of electric

ceiling fans which are marketed in

Brazil.

Consumer`s and electrical safety and energy

efficiency.

G/TBT/N/BRA/257 2007 Industrial Valves

(HS: 8481)

INMETRO Draft Ministerial Act

number 336, 29 August

2007 (Ordinance No 336,

Revoked Draft technical regulation which lays

down conformity assessment

procedure for industrial valves.

Human safety and

environmental protection.

21

dated August 29, 2007),

issued by Inmetro, on

conformity assessment

procedures for industrial valves (15 pages, in

Portuguese).

Resulted in Ordinance INMETRO / MDIC N. 385

dated 23/10/2007

G/TBT/N/BRA/412 2011 Instantaneous/storage gas water heaters

(HS 84191; 841911)

INMETRO Ministerial Act: Nº 452, dated November 29, 2010

(46 pages in Portuguese).

Resulted in Ordinance N. 182, April 13, 2012.

In force Draft technical regulation which establishes the criteria to assess the

conformity for gas water heaters (two

main types: storage and instantaneous) for domestic use. It

lays down minimum levels of energy

efficiency and an adequate level of security for the product.

Prevention of deceptive practices and consumer

protection; Protection of

the environment; Protection of the

environment and

prevention of deceptive practices;

Law no. 10295/2001 Provides for the National Policy on the Conservation

and Rational Use of Energy

Decree n. 4,059/2001 Provides for the regulation of Law 10.295 of

October 17, 2001 and establishes the

Management Committee of Indicators and Levels of Energy

Efficiency - CGIEE

Secex Ordinance no 10/2010 Deals with foreign trade operations.

Ordinance Inmetro no. Approves the procedure for granting, maintaining

and renewing the

INMETRO PORTFOLIO ANNEX No 182/2012 491/2010 or its

successor

Ordinance Inmetro no 361/2011 or its successor Approves the General

Requirements for Product

Certification - RGCP ABNT NBR 8130 Instantaneous Gas

Water Heaters - requirements and test

methods ABNT NBR 5899 instantaneous Gas Water Heaters –

terminology ABNT NBR 13103

Installation of gas appliances for

22

residential use - Room requirements

ABNT NBR 10540 Accumulator

type gas water heaters - Terminology

ABNT NBR 10542 Accumulating gas water heaters - Testing - Test

method ABNT NBR 14177 Metal

flexible tube for low pressure fuel gas installations ABNT NBR NM

ISO 7-1 Pipe thread where the

pressure-tight seal is made by thread - Part 1: dimensions, tolerances and

designation

G/TBT/N/BRA/614 2014 (HS 8418) Refrigerators/

freezers displays etc.

INMETRO Ordinance Nº 532, 11 December 2014, Draft

Ordinance on New Energy

Efficiency Levels (6 pages, in Portuguese)

Draft not approved.

Adjustments on Conformity Assessment Programme refrigerators

and their counterparts by the

improvement of levels and energy efficiency rating for refrigerators. It

sets the calculation form of energetic

efficiency classes in order to complement Ordinance 259, 5 June

2014, notified under the document G/TBT/N/BRA/198/Rev.1

Prevention of deceptive practices and consumer

protection; Quality

requirements;

G/TBT/N/BRA/522 2013 Centrifugal Clothes

Dryers (HS 8421.1).

INMETRO Draft Ministerial Act nº 533,

dated 25th October 2012 (16 pages, in Portuguese).

Draft not

approved.

The Act establishes criteria for the

program of conformity assessment for Centrifugal Clothes Dryers, by the

certification mechanism, using the

Label National Energy Conservation - ENCE, according to the Brazilian

Labeling Program - PBE, aiming at

energy efficiency and safety.

Protection of human health

or safety; Protection of the environment; Energy

efficiency and Consumer’s

protection.;

G/TBT/N/BRA/461 2012 Systems and

equipment for water

heating using solar energy (HS 8419)

INMETRO Ministerial Act: Nº 7, dated

January 11, 2012 (32 pages

in Portuguese).

In force The Act establishes criteria for the

program of conformity assessment for

systems and equipment for water heating using solar energy.

Protection of human health

or safety; Protection of the

environment; Protection of the environment and

consumer security.;

General rules.

G/TBT/N/BRA/197 2005 Air conditioning INMETRO Draft Ministerial Act on In force Technical regulation which lays down Protection of the General rules.

23

machines comprising

a motor-driven fan

and elements for

changing the temperature and

humidity, incl. those

machines in which the humidity cannot

be separately

regulated; parts thereof (HS: 8415)

labelling requirements for

domestic air conditioners (1

page, in Portuguese)

Resulted in Ordinance N. 410, dated August 16, 2013.

procedures for the mandatory

assessment of conformity for

domestic air conditioners

environment; energy-

saving requirements

G/TBT/N/BRA/220 2006 Refrigerators and

freezers (HS: 8418)

MME Draft Ministerial Act

MME/MCT/MDIC (5 pages, in Portuguese).

Draft not

found

Mandatory Conformity Assessment

Procedures which lays down minimum energy performance

standards for refrigerators and

freezers.

Protection of the

environment; energy-saving requirements.

ISO 7371; ISO 8187; ISO 8561;

ISO 5155.

G/TBT/N/BRA/221 2006 Air conditioning

machines

(HS: 8415)

MME Draft Ministerial Act

MME/MCT/MDIC (5 pages,

in Portuguese).

Draft not

found

Mandatory Conformity Assessment

Procedures which lays down

minimum energy performance standards for domestic air

conditioners.

Protection of the

environment; energy-

saving requirements.

G/TBT/N/BRA/198 2005 Refrigerators,

freezers and other

refrigerating or freezing equipment,

electric or other; heat

pumps; parts thereof (HS: 8418)

INMETRO Draft Ministerial Act on

labelling requirements for

refrigerators (1 page, in Portuguese).

Revoked Technical regulation which lays down

procedures for the mandatory

assessment of conformity for refrigerators.

Protection of the

environment; energy-

saving requirements.

G/TBT/N/BRA/196 2005 Washing machines

(HS: 8450)

INMETRO Ministerial Act on labelling

requirements for clothes washing machines for

household use (50 pages,

in Portuguese).

Draft not

approved.

Technical regulation which lays down

procedures for the mandatory assessment of conformity for clothes

washing machines for household use.

Imports of products which do not conform with the technical

requirements will be forbidden.

Protection of the

environment; energy-saving requirements.

G/TBT/N/BRA/214 2006 Machinery and INMETRO Draft Ministerial Act N. 126, Draft not Conformity Assessment Regulation Protection of human health

24

apparatus for

filtering or purifying

water (HS: 8421 21)

dated May 17, 2006

(Ordinance N. 126, dated

May 17, 2006 ) (16 pages, in

Portuguese).

approved. which lays down technical minimum

requirements and mandatory

conformity assessment procedures for

machinery and apparatus for filtering or purifying water (HS: 8421 21).

G/TBT/N/BRA/620 2015 HS: 8423 Weighing

machines

INMETRO Inmetro Ordinance N. 45,

dated January 27, 2015 (Ordinance Inmetro N. 45,

January 27, 2015). This

document approves the Metrological Technical

Regulation (RTM) applied

to all non-automatic weighing instruments and its

modules (40 pages, in

Portuguese)

Draft not

approved.

This Metrological Technical

Regulation (RTM) provides technical, constructive conditions, metrological

and legal metrological control applied

to non- automatic weighing instruments in order to provide the

reliability of the mass measurements

held in the activities under the scope of business transactions; medical

practice; pre-measured product; etc. It

revokes the Inmetro Metrological Technical Regulation, Ordinance No

236/1994 within 12 (twelve) months

after the publication of this Order No 45/2015 (28 January 2016). Besides,

it also revokes Inmetro Ordinances: No 2/1995; No 101/95; No 33/98; No

261/2002; No 70/2003; No 200/2004;

No 224/2005; No 166/2007; No 266/2009 and No 237/2012.

Consumer information,

labelling; Quality requirements; And

consumer information;

G/TBT/N/BRA/124 2003 Roller brake testers

(HS: 84.24)

INMETRO Ministerial Act number 131,

dated July 31, 2003 (Ordinance no. 131 de 31 de

July de 2003) issued by

Inmetro on metrological requirements for roller brake

testers (8 pages, in

Portuguese). Resulted in Ordinance

INMETRO / MDIC número

139 de 30/07/2004

Revoked Ministerial Act and Annex Draft

Technical Regulation which lay down metrological technical requirements

for national and imported roller brake

testers.

Consumer's safety.

25

G/TBT/N/BRA/152 2004 Pumps for

liquids; liquid

elevators; parts

thereof (HS 8413)

INMETRO Ministerial Act number 52,

dated February 13, 2004

(Ordinance no. 52, de 13 de

February de 2004), issued by Inmetro, on pumps for

liquids; liquid elevators;

parts thereof (1 page, in Portuguese).

Revoked Draft Technical Regulation altering

provisions of Ministerial Act number

23, dated 15 February 1985, due to

technical evolution of measuring pumps of liquid fuels.

Consumer's safety.

G/TBT/N/BRA/151 2004 Parts &amp;

accessories for adp machines &amp;

units (HS 847330)

INMETRO Ministerial Act number 18,

January 16th 2004 (Ordinance Nº 18, dated

January 16, 2004), issued by

the National Institute of Metrology, Standardization

and Industrial Quality-

INMETRO, on ink cartridges. (1 page, in

Portuguese).

In force Technical Regulation laying down

quantitative indication of ink volume for ink cartridges employed in printers

for computers (automatic data

processing machines)

Prevention of deceptive

practices and packaging requirements.

General rules.

G/TBT/N/BRA/133 2003 Railway fixtures; mechanical

signalling, safety (HS 84 23.89);

Automatic Rail-

weighbridges

INMETRO Proposed Ministerial Act number 157, September 18,

2003 (Ordinance N. 157 September 18, 2003), issued

by Inmetro, on the

mandatory conformity assessment procedures for

Automatic Rail-

weighbridges. (1 page, in Portuguese).

Resulted in Ordinance

INMETRO / MDIC N. 16, dated16/01/2004

Revoked Technical Regulation laying down mandatory conformity assessment

procedures for Automatic Rail-weighbridges, either, national

produced and imported, which are

marketed in Brazil. It also establishes that the above

Automatic Rail-weighbridges must

clearly show compliance with the following standard: OIML R 106-1

(1997).

Regulate the measurement procedure of weights

(loads) to commercial purposes. The Automatic

Rail-weighbridges are

fitted as special, automatic and registering balances,

which need a special

approval

G/TBT/N/BRA/98 2003 Non-automatic

weighing instruments (HS: 84.23)

INMETRO Ministerial Act number 261,

December 30th 2002 (Ordinance no. 261, dated

December30, 2002), issued

by Inmetro, on the type

In force This Technical Regulation lays down

the type approval procedures for non-automatic weighing instruments. It

revokes the first and second

paragraphs of article 5 of Ministerial

Type approval procedures. General rules.

26

approval procedures for non-

automatic weighing

instruments (2 pages, in

Portuguese).

Act number 236, December 22nd

2002 (Ordinance no. 236 de 22 de

December de 1994), which has been

further revised by article 2 of Ministerial Act number 33, February

19th 1998 (Ordinance no. 33 de 19 de

February de 1998).

G/TBT/N/BRA/41 2002 Low pressure

liquefied petroleum

gas regulators (HS 84.81)

INMETRO Ministerial Act number 18,

January 29th, 2002, issued

by Inmetro, on conformity assessment procedures of

low pressure liquefied

petroleum gas regulators (1 page, in Portuguese).

Revoked Technical Regulation which lays

down the requirements for conformity

assessment procedures of low pressure liquefied petroleum gas

regulators, employed with gas flows

up to 4kg/h. It determines that all low pressure liquefied petroleum gas

regulators marketed in Brazil must

comply with the present technical regulation and with the Brazilian

Standard NBR/ABNT 8473/2001

(Low Pressure Liquefied Gas Regulators for Gas Flows Up to 4

kg/h). It also revokes Ordinance numero 21 de 8 de February de 1999

(Ministerial Act number 21, February

8th, 1999), on the Liquefied Petroleum Gas Regulators.

Conformity assessment

procedures and consumer’s

safety.

G/TBT/N/BRA/103 2003 Fire extinguisher

(HS:84.24)

INMETRO Ministerial Act 258,

December 30th 2002, (Ordinance no. 258 de 30 de

December de 2002) issued

by the Brazilian National Institute of Metrology,

Standardization and

Industrial Quality-INMETRO on conformity

assessment procedures for

fire extinguishers. (10 pages,

Revoked Ministerial Act and Annex Draft

Technical Regulation which amend Ministerial Act number 111,

September 28th 1999 (Ordinance no.

111, dated September 28, 1999) and lay down conformity assessment

procedures required for national and

imported fire extinguishers.

Consumer's safety.

27

in Portuguese).

Resulted in Ordinance

INMETRO / MDIC número

55 de 13/02/2004

G/TBT/N/BRA/164 2005 Low pressure

liquefied petroleum

gas regulators (HS: 84.81)

INMETRO Ministerial Act number 26,

dated 2 February 2005

(Ordinance N. 26, dated February 2, 2005), on

conformity assessment

procedure for instruments for low pressure liquefied

petroleum gas regulators

with capacity up until 4 Kg/h (11 pages, in

Portuguese)

Resulted in Ordinance INMETRO / MDIC N. 99

dated 24/05/2005

Revoked Draft Technical Regulation which

lays down conformity assessment

procedures encompassing registration requirements, test methods, evaluation

of safety for use and

commercialization of low pressure liquefied petroleum gas regulators

with capacity up until 4 Kg/h which

are marketed in Brazil.

Consumer's safety.

G/TBT/N/BRA/192 2005 Machinery, plant or laboratory equipment

whether or not electrically heated

for the treatment of

materials by a process involving a

change of

temperature such as heating, cooking,

roasting (HS: 8419)

INMETRO Draft Ministerial Act on quality requirements for

instantaneous or storage water heaters, non-electric

(58 pages, in Portuguese).

Revoked Draft conformity assessment procedure which lays down minimum

quality requirements, test methods and labeling requirements for gas

water heaters and boilers.

Consumer’s safety, protection of the

environment and labeling requirement.

G/TBT/N/BRA/533 2013 Steam or other vapor generating boilers.

INMETRO Ordinance Nº. 271, dated May 28, 2013 (17 pages in

Portuguese).

Resulted in Ordinance N. 255, dated May 19, 2014.

In force Conformity Assessment Procedures under the Conformity Assessment

Program for boilers provided by a

third party certification, carried out by an accredited body under the

Conformity Assessment of the

Brazilian System – in order to prevent

Prevention of deceptive practices and consumer

protection; Prevention of

deceptive practices and consumer protection;

NR-13 Boilers and Pressure Vessels: Regulatory Norm of Boilers and

Pressure Vessels of the Ministry of

Labor and Employment. Quality Technical Regulation for

Boilers and Pressure Vessels for

Serial Production.

28

accidents resulting from improper

construction.

ABNT NBR 5426 Sampling plans

and inspection procedures for

attributes.

G/TBT/N/BRA/596 2014 Vehicle Platform Lift INMETRO Inmetro Ordinance N. 311, 1 July 2014 (Ordinance

Inmetro Nº 311, dated July

1, 2014). Draft technical regulation which lays down

technical requirements to be

met by Lifting Platforms for Road features Vehicles

under the Brazilian

Conformity Assessment Program in order to promote

users safety (31 pages, in

Portuguese) Resulted in Ordinance N.

165, March 23, 2015.

In force Draft Technical Regulation laying down requirements that applies to

platforms to be installed on vehicles

with road characteristics for public transport of passengers, including

those that operate under the charter

and tourism.

Prevention of deceptive practices and consumer

protection; Protection of

human health or safety; Quality requirements;

ABNT NBR 15570:2009

G/TBT/N/BRA/669 2016 Instantaneous gas water heaters (HS:

841911)

INMETRO Ordinance N. 159, 5 April 2016 (124 pages, in

Portuguese)

Draft not approved.

Draft MERCOSUL Technical Regulation establishing the minimum

testing requirements for the safety construction, energy rational use,

efficiency as well as classification and

labelling for instantaneous gas tankless water heaters for domestic

use.

Prevention of deceptive practices and consumer

protection; Protection of human health or safety;

Quality requirements;

G/TBT/N/BRA/539 2013 "Two handle lavatory faucets" and

"Mixers for kitchen

sink"

INMETRO Ordinance N. 345, 11 July 2013 (9 pages in

Portuguese).

Draft not approved.

Draft technical regulation establishing essential requirements to be complied

bythe "Two handle lavatory faucets"

and "Mixers for kitchen sink", used in hydraulic systems in order to prevent

accidents.

Prevention of deceptive practices and consumer

protection; Protection of

human health or safety; Quality requirements;

Prevention of deceptive

practices and consumer protection, protection of

human health and safety,

Quality requirements.;

29

G/TBT/N/BRA/538 2013 "Single handle bath

valve" and "Gate

valve for plumbing"

INMETRO Ordinance Nº. 344, 11 July

2013 (9 pages in

Portuguese).

Draft not

approved.

Draft technical regulation establishing

essential requirements to be complied

by the "Single handle bath valve" and

"Gate valve for plumbing" used in hydraulic systems with a view to

prevent accidents.

Prevention of deceptive

practices and consumer

protection; Protection of

human health or safety; Quality requirements;

Preventive of deceptive

practices and consumer protection, Protection of

human health or safety,

quality requirements.;

G/TBT/N/BRA/610 2014 Vehicle platform lift.

Other lifting,

handling, loading &amp; unloading

machinery elevators

(HS 8428)

INMETRO Inmetro Ordinance N. 449, 3

October 2014 - Conformity

Assessment Requirements That Must Be Met for

Vehicle Lifting Platforms

Manufactured to Be Installed on Vehicles with

Road Characteristics (16

pages, in Portuguese) Resulted in

Ordinance N. 164, de 23 March 23 2015.

In force Establish the requirements for

conformity assessment that must be

met for compulsory certification for vehicle lifting platforms manufactured

to be installed on vehicles with road

characteristics, classes buses and minibuses, for the public passenger

transportation, with road features for

the public transport of passengers, focusing on safety, for the prevention

of accidents.

Prevention of deceptive

practices and consumer

protection; Quality requirements;

General rules.

G/TBT/N/BRA/541 2013 "Faucets used in

hydraulic systems with compressible

sealing mechanism"

INMETRO Ordinance N. 347, 11 July

2013 (8 pages in Portuguese).

Draft not

approved.

Draft technical regulation establishing

essential requirements to be complied by "water trap for sanitary appliances"

used in hydraulic systems with a view

to prevent accidents.

Prevention of deceptive

practices and consumer protection; Quality

requirements; Prevention

of deceptive practices and consumer protection,

quality requirements.;

G/TBT/N/BRA/550 2013 Taps, cocks, valves and similar

appliances for pipes.

INMETRO Ordinance number 395, 06 August 2013 (17 pages in

Portuguese).

Resulted in Ordinance N. 406, August 26 2014.

In force Draft conformity assessment procedures for appliances and

equipment used in water supply

installations (hydraulic systems) by a compulsory third party certification

carried out by an accredited body to

determine if relevant requirements

Prevention of deceptive practices and consumer

protection; Quality

requirements; Prevention of deceptive practices and

consumer protection,

quality requirements;

ABNT NBR 14162 ABNT NBR 10283 ABNT NBR 11003 ABNT

NBR 8094

30

within the Brazilian Conformity

Assessment System are fulfilled.

G/TBT/N/BRA/540 2013 "Water trap for

sanitary appliances"

INMETRO Ordinance Nº. 346, 11 July

2013 (8 pages in Portuguese).

Draft not

approved.

Draft technical regulation establishing

essential requirements to be complied by "water trap for sanitary appliances"

used in hydraulic systems with a view

to prevent accidents.

Prevention of deceptive

practices and consumer protection; Quality

requirements; Prevention

of deceptive practices and consumer protection,

quality requirements.;

G/TBT/N/BRA/582 2014 Powders fire extinguishers /

Mechanical

appliances for projecting/dispersing

INMETRO Inmetro Ordinance Nº. 81, 14 February 2014: Fire

extinguishing powder. (7

pages, in Portuguese). Resulted in Ordinance N.

343, dated July 22, 2014.

In force Draft technical regulation proposing requirements for physical and

chemical properties to be complied by

the chemical agents in the powder form used for firefighting in fire

classes A, B, and C, focusing on

performance and aiming at the efficiency to extinguish fire start.

Protection of human health or safety;

ABNT NBR 9695: 2012: Powder for extinguishing fire ABNT NBR

15808: 2013: Portable Fire

Extinguishers ABNT NBR 15809: 2013: Fire Extinguishers on Wheels

ABNT NBR 14725-4: 2012:

Chemicals - Information on safety, health and the environment. Part 4:

Material Safety Data Sheet (MSDS)

G/TBT/N/BRA/336 2009 Fire Extinguishers (HS: 8424.10) and

Parts of Fire Extinguishers, Spray

Guns and Sprayers

(HS: 8424.90) ;

INMETRO Ministerial Act N° 160, June 4th 2009 (Ordinance No

160, dated June 4, 2009), issued by Inmetro, on

procedures to assess the

conformity of fire extinguishers

Resulted in Ordinance no

486, dated December 8 2010

In force Draft conformity assessment procedure which lays down

requirements for carrying out analysis and tests for compulsory certification,

according to standards which are

mentioned in the draft.

Protection of human health or safety; Consumer

safety.;

ABNT NBR ISO / IEC 17000 Conformity Assessment - Vocabulary

and general principles. ABNT NBR

ISO 9001 Quality Management

Systems - Requirements. ABNT

NBR 15808 Fire Extinguishers ABNT NBR 15809

Ordinance Inmetro no 179/2009

Regulation for the use of trademarks, symbols of accreditation, recognition

of compliance with the principles of

good laboratory practice - GLP, and of Inmetro identification seals.

Ordinance Inmetro no 396/07

Regulation of Conformity Assessment for the Certification of

Auditors for the Manufacture of Fire

Extinguishers

31

Norma Inmetro NIE-Dqual-142

Procedure for Acquisition of

Conformity Identification Stamps for

Products and Services with Compliance Evaluated.

Resolution No. 4: 2002 Term of

Reference of the Brazilian System for Conformity Assessment and Internal

Regulation of the Brazilian

Committee for Conformity Assessment.

Resolution Conmetro no 05: 2008

Regulation for the Registration of Object with Conformity Evaluated

Compulsory, through a Program

Coordinated by the National Institute of Metrology, Standardization and

Industrial Quality - Inmetro

ISO / IEC Guide 2 Standardization and Related Activities - General

Vocabulary

G/TBT/N/BRA/391 2010 Valves, used in gas

appliances (HS

84.81.80.3)

INMETRO Ministerial Act: No. 339, 31

August 2010

Draft not

approved.

Conformity assessment procedure by

the No. 01/10 MERCOSUL

Resolution for valves used in gas cylinders to storage natural gas used

by motor vehicles.

Protection of human health

or safety; Protection of

human life;

G/TBT/N/BRA/390 2010 Invalid carriages (HS 8713)

INMETRO Ministerial Act: No. 334, 24 August 2010

Draft not approved.

Conformity assessment procedure for new wheelchairs with a focus on

safety through the establishment of a

mandatory certification, in order to reduce risks for invalid people

associated with the product use, by a

compulsory third–party certification carried out by an accredited body.

Protection of human health or safety; Protection of

human safety;

G/TBT/N/BRA/495 2012 Vehicle Platform

(HS 8428).

INMETRO Ministerial Act (Draft

Resolution) Nº 392, 25 July

In force Conformity assessment procedures for

lifting platforms used in urban public

Protection of human health

or safety; Protection of

ABNT NBR 15646: Accessibility -

Vehicular Lift and vehicular access

32

2012 (Ordinance Inmetro Nº

392, dated July 25, 2012)

(14 pages in Portuguese).

Resulted in Ordinance N. 642, dated

November, 2012.

transport with a focus on safety

accessibility needs, through the

establishment of a mandatory

certification carried out by an accredited body, in order to reduce

risks of accidents.

human safety. ; ramp for accessibility in vehicles

with urban characteristics for public

passenger transport - Performance,

design, installation and maintenance requirements. ABNT NBR 14022:

Accessibility in vehicles of urban

characteristics for the collective transport of passengers. ABNT NBR

15570: Transportation - Technical

specifications for the production of urban vehicles for public passenger

transport.

G/TBT/N/BRA/427 2011 (HS 84.62) Eccentric mechanical presses

for working metal

INMETRO Ministerial Act: Nº 116, February 28, 2011

Draft not approved.

Conformity assessment procedure carried out by the supplier itself as

mandatory certification obtainable by

the product’s (Presses of this kind) registration at Inmetro, which

determines the specifics requirements

the product has to comply.

Protection of human health or safety; Quality

requirements; Quality

requirements and presses operator safety.;

G/TBT/N/BRA/488 2012 Vehicle Platform

(HS 8428).

INMETRO Ministerial Act (Draft

Resolution) nº 293, 12 June 2012 (23 pages, in

Portuguese).

Resulted in Ordinance n.o 588, dated November, 2012

In force Establishing the technical

requirements that must be met for the compulsory certification of vehicle

platform lifts for vehicles with urban

characteristics, intended for the public transport of passengers, with a focus

on safety, aiming at preventing

accidents during its use.

Safety ABNT NBR 14022

Accessibility in vehicles of urban characteristics for the collective

transport of passengers.

Norma ABNT NBR 15570 Transport - Technical specifications for the

production of urban vehicles for

public passenger transport.

G/TBT/N/BRA/542 2013 Child restraint

devices.

INMETRO Ordinance N. 362, 16 July

2013 (10 pages in

Portuguese). Resulted in Ordinance N. 18, dated

January 14, 2014

In force Draft technical regulation which

establishes technical requirements that

must be met by child restraint devices, with a focus on safety, for the

prevention of accidents in the

transportation of children in automotive vehicles.

Prevention of deceptive

practices and consumer

protection; Protection of animal or plant life or

health; Prevention of

deceptive practices and consumer information;

Protection of animal or

plant life or health;

ABNT NBR 14400 Automotive

Road Vehicles - Retention Devices -

Safety Requirements. ABNT NBR 7337: 2011 Road vehicles - Safety

belts - Requirements and tests.

ABNT NBR 6091: 2009 Automotive road vehicles - Seat belt anchorages -

Location and tensile strength. ABNT

NBR 8094: 1983 Coated and

33

uncoated metal material - Corrosion

by exposure to saline mist - Test

method.

G/TBT/N/BRA/543 2013 Silencers (mufflers) and exhaust pipes

(HS 870892).

INMETRO Ordinance N. 381, dated August 1, 2013 (4 pages in

Portuguese).

Resulted in Ordinance N. 50, dated January 28 2014.

In force Draft technical regulation establishing requirements to be complied by a

muffler (or silencer) for Motorcycles,

scooters, Mopeds, Trikes and Quadricycles, in order to reduce the

loudness of the sound pressure with a

focus on safety, for the prevention of accidents.

Protection of human health or safety; Quality

requirements; Protection of

human health or safety, quality requirements.

ABNT NBR 8094: 1983 Coated and uncoated metal material - Corrosion

by exposure to saline mist - Test

method

G/TBT/N/BRA/545 2013 Parts and accessories

for motor cycles.

INMETRO Ordinance N. 383, 01

August 2013 (6 pages in Portuguese).Resulted in

Ordinance N. 45, January

27, 2014.

In force Draft technical regulation establishing

essential requirements to be complied by crowns for motorcycles, scooters,

mopeds, trikes and quadricycles, with

a focus on safety, for the prevention of accidents.

Protection of human health

or safety; Quality requirements; Protection of

human health or safety,

quality requirements;

ABNT NBR NM ISO 6508-1: 2008

Metal materials - Rockwell hardness test - Part 1: Test method (scales A,

B, C, D, E, F, G, H, K, N, T) ABNT

NBR 8094: 1983 Coated and uncoated metal material - Corrosion

by exposure to saline mist - Test

method ABNT NBR 11003: 2010 Inks - Determination of adhesion

ISO 10190: 2008 Motorcycle chains - Characteristics and test methods

G/TBT/N/BRA/555 2013 Child restraint

devices

INMETRO Draft Ordinance N. 442,

dated August 27, 2013 (Ordinance N. 442, August

27 2013) (13 pages in

Portuguese).

In force Draft Conformity Assessment

Procedures for child restraint devices, with a focus on prevention of

accidents during children

transportation in automotive vehicles. Resulted in Ordinance N. 466,

October 16 2014.

Prevention of deceptive

practices and consumer protection; Protection of

human health or safety;

Prevention of deceptive practices and consumer

protection, Protection of

human health or Safety.;

ABNT NBR 5426:1985:Sampling plans and Procedures in Attribute

Inspection.

Quality Technical Regulation for Retention Devices for Children.

General Requirements for Product

Certification - RGCP.

G/TBT/N/BRA/559 2013 Parts and accessories

of vehicles of

headings 87.11 to 87.13 (HS 8714).

INMETRO Ordinance N. 469, 23

September 2013 (18

pages in Portuguese).Resulted in

Ordinance N. 123, dated

March 19, 2014.

In force Conformity Assessment Procedures

for Automotive accessories for

Motorcycles, Scooters, Mopeds, Trikes and Quadricycles through a

compulsory third party certification,

carried out by an accredited body,

Protection of human health

or safety; Quality

requirements; Protection of Human health or Safety,

Quality requirements.

INMETRO Ordinance N. 491, of

December 13, 2010: Procedure for

granting, maintaining and renewing the Object Register. INMETRO

Ordinance no. 361, of September 6,

2011: General Product Certification

34

with a focus on security Requirements common to all

Conformity Assessment Programs

that use the Product Certification

Mechanism.

G/TBT/N/BRA/579 2014 Parts and accessories

of the motor vehicles

of headings 87.01 to 87.05 (HS 8708)

INMETRO INMETRO Ordinance N.

43, dated January 27, 2014:

Compulsory Supplier's Conformity Declaration for

automotive components

imported to replace market demand. (9 pages, in

Portuguese). Resulted in

Ordinance N. 472, dated October 2014.

In force Establishment of Compulsory

Supplier's Conformity Declaration for

imported automotive components covered by INMETRO Ordinances

No. 445/2010, No. 301/2011 and its

complementary ordinances, within the Brazilian System of Conformity

Assessment - SBAC, framed as low

volume automotive components to replace market demand.

Prevention of deceptive

practices and consumer

protection; Quality requirements;

INMETRO Ordinances N.

445/2010, No. 301/2011 and its

complementary ordinances, within the Brazilian System of Conformity

Assessment - SBAC

G/TBT/N/BRA/580 2014 Catalytic converter

body

INMETRO INMETRO Ordinance N.

49, dated January 27, 2014: Compulsory Supplier's

Conformity Declaration for

Catalytic Converters Body used for vehicles

replacement. Resulted in N. 547, dated

December 17, 2014.

In force Establishment of criteria to the

Conformity Assessment Program for Catalytic Converters body used to

replace vehicles with Otto cycle

engines, according to the CONAMA Ordinance Nº 282/2001 (Resolution

CONAMA Nº. 282/2001) in order to provide consumer confidence

consistent with the needs of

environmental control.

Prevention of deceptive

practices and consumer protection; Protection of

human health or safety;

Quality requirements;

ABNT NBR 6601: 2012: Light

motor vehicles - Determination of hydrocarbons, carbon monoxide,

nitrogen oxides, carbon dioxide and

particulate matter in the exhaust gas ABNT NBR 14008: 2007: Light

motor vehicles - Determination of the deterioration factor of the emissions

of gases during the accumulation of

running. ABNT NBR 8689: 2012: Light motor vehicles - Test fuels -

Requirements

G/TBT/N/BRA/624 2015 Car body shell for road vehicles (HS:

8707)

INMETRO Ordinance N. 105, 25 February 2015. The text

proposes improvements on

the Regulations for Road Vehicles and Equipment

Manufacturers/

Bodybuilders and/or vehicles transformers.(17

pages, in Portuguese)

Draft not approved

The text establishes the technical requirements that must be met by

manufacturers, bodybuilders and/or

transformers of road vehicles, and vehicles equipment manufacturers, in

order to promote the vehicles and

equipment safety, as well as user’s safety. This text applies to

manufacturers of car body shell,

bodybuilders and/or vehicles

Prevention of deceptive practices and consumer

protection; Protection of

human health or safety; Quality requirements;

35

transformers and vehicle equipment

manufacturers, with total yearly

production of less than one thousand

(1,000) units.

G/TBT/N/BRA/63 2002 High pressure

cylinders for

methane gas storage (HS Chapter 87)

INMETRO Ministerial Act number 171,

August 28th, 2002

(Ordinance N. 171 dated August 28 de 2002), issued

by INMETRO, on

mandatory conformity assessment procedures for

high pressure methane gas

storage cylinders.(18 pages, in Portuguese).

In force Mandatory conformity assessment

procedures for high pressure methane

gas storage cylinders, applied as fuel containers for automotive

applications.

Conformity assessment

procedures and consumer’s

safety.

INMETRO Ordinance no. 74/2001:

Technical Regulation Cylinder for

high pressure and storage of GMV as fuel on board automotive vehicles.

Replaced by INMETRO Ordinance

no. 298/08. NIE-DINQP-047: Accreditation criteria of the product

certification bodyNIT-DICOR-021:

Laboratories NBR ISO 8402: Quality Management and Quality

Assurance - TerminologyNBR ISO

9001: Quality Systems - Model for Quality Assurance in Design,

Development, Production,

Installation and Associated Services. Temperature NBR ISO 9002:

Quality Systems - Model forQuality Assurance in Production, Installation

and Associated Services ABNT ISO

/ IEC Guide 2: Standardization and Related Activities - General

Vocabulary ISO 11623:

Transportable gas cylinders - periodic inspection and testing of

composite gas cylinders

G/TBT/N/BRA/631 2015 Car body shell for road vehicles (HS:

8707)

INMETRO Ordinance N. 169, dated March 23, 2015. The text

proposes improvements on

the requirements to assess conformity by the road

vehicles and equipment

manufacturers/bodybuilders

Draft not approved

Conformity assessment procedures that must be met by manufacturers,

bodybuilders and/or transformers of

road vehicles, and vehicles equipment manufacturers, through the inspection

mechanism to highlight the

conformity of the vehicle or

National security requirements; Prevention

of deceptive practices and

consumer protection; Quality requirements;

Quality requirements;

Consumer safety and

36

and/or vehicles transformers

(20 pages, in Portuguese)

equipment established by the RT

requirements in order to promote the

vehicles and equipment safety, as well

as user’s safety. This text applies to manufacturers of car body shell,

bodybuilders and/or vehicles

transformers and vehicle equipment manufacturers, with total yearly

production of less than one thousand

(1,000) units.

protection;

G/TBT/N/BRA/635 2015 (HS: 87) Vehicles,

Tractors; (HS: 84)

mechanical appliances for

agricultural

machinery, etc.

IBAMA Ordinance N. 6, 15 April

2015 (Normative instruction

N. 6, 15 April 2015). (3 pages, in Portuguese).

In force License achievement (Licença para

Uso da Configuração de Veículo ou

Motor - LCVM) for agricultural machinery or new road and their

engines, to use the vehicle or engine

configuration to new agricultural and road machines, domestic or imported

marketed in Brazil, to be included in

the Control Program Air Pollution – PROCONVE (Portuguese acronym)

(Programa de Controle da Poluição do Ar por veículos Automotores –

PROCONVE).

Protection of human health

or safety; Protection of the

environment;

Gas emission tests: according to the

standard ABNT NBR ISO 8178-1 -

Reciprocating internal combustion engines - Measurement of exhaust

gas emissions -Measurement of

emissions of gases and particulate matter on a test bench: in accordance

with ABNT NBR ISO 8178-4 -

Reciprocating internal combustion engines - Exhaust gas emission

measurementReference fuel for the approval, certification and

development test is that specified by

the National Agency for Oil, Gas and Biofuel - ANP in Resolution ANP N.

71 of 12/20/2011, ANP Technical

Regulation no. 09/2011 or regulations that may be substituted -

over there.Measurement of the

exhaust gas emission: Engine family termination, Method 2, which shall

be justified by the manufacturer and

submitted for approval to IBAMA and its Agreed Technical Agent -

ATC, prior to the execution of the

tests.

37

G/TBT/N/BRA/659 2016 HS Chapter 87 –

Vehicles

CONTRAN Ordinance Nº 568, dated

December 16 2015

(Resolution CONTRAN Nº

568, dated December 16, 2015) (1 page, in

Portuguese)

Revoked Ordinance regulating the employment

of retro-reflective film in vehicles in

order to provide better conditions

daytime and night-time visibility. It revokes Resolutions CONTRAN:

Nº 128/2001; Nº 132/2002;

Nº 317/2009; Nº 366/2010, items 2.4.1; Appendix 4 of Annex IX

Resolutions CONTRAN 416/2012;

Nº 445/2013; Annex to Resolution CONTRAN Nº 273/2008

Prevention of deceptive

practices and consumer

protection; Protection of

human health or safety;

G/TBT/N/BRA/660 2016 HS Chapter 87 –

Vehicles (stability control system)

CONTRAN Ordinance Nº. 567, 16

December 2015 (Resolution CONTRAN N. 567, dated

December 16, 2015) (2

pages, in Portuguese)

In force Ordinance providing mandatory

technical specifications for stability control system, establishing as

mandatory installation of Stability

Control System (ESC) in vehicles M1 and N1 leaving the factory, domestic

and imported.

Prevention of deceptive

practices and consumer protection; Protection of

human health or safety;

Article 4 In order to prove the

performance of the mandatory systems covered by this Resolution,

the test results shall comply with

United Nations Regulations ECE

R13-H or ECE R13, or with North

American Standard FMVSS 126,

as applicable.

G/TBT/N/BRA/663 2016 Safety tempered

glass of size and shape suitable for

incorporation in

motor vehicles (HS: 700721); Safety

laminated glass of

size and shape suitable for

incorporation in

motor vehicles' windshields (HS:

700711); Road

wheels for motor vehicles (HS:

870870)

INMETRO Ordinance Nº 22, dated

January 16, 2016 (10 pages, in Portuguese)

Draft not

approved

Draft regulation establishing within

the Brazilian System of Conformity Assessment – SBAC, the criteria for

Supplier's Declaration of Conformity

(SDoC) to ensure that sets of objects (automotive components kit) and

fractioned components of bulk

products comply with the formal obligations and requirements of each

individual product Conformity

Assessment Program.

Prevention of deceptive

practices and consumer protection; Protection of

human health or safety;

Quality requirements;

G/TBT/N/BRA/664 2016 Wheelchairs not INMETRO Ordinance Nº 27, dated Draft not Conformity Assessment Procedures Prevention of deceptive

38

mechanically

propelled (HS:

87.13.10)

January 14, 2016 (28 pages,

in Portuguese)

approved for wheelchairs, focusing on security,

through the certification mechanism

by a compulsory third party

certification, carried out by an accredited body aiming at prevention

of accidents and providing security

for the user of the product.

practices and consumer

protection; Protection of

human health or safety;

G/TBT/N/BRA/678 2016 Bumpers and parts,

for motor vehicles

(HS: 870810)

CONTRAN Resolution CONTRAN Nº.

593, dated May 24, 2016

(Resolution CONTRAN Nº 593, dated May 24, 2016)

(24 pages, in Portuguese)

In force Resolution establishing technical

specifications for the manufacture and

installation of rear bumpers in the national manufacturing or imported

vehicles classified as N2, N3, O3 and

O4 categories. From first January 2017 it will

revokes Resolution CONTRAN

N.805/95 and Resolution CONTRAN N. 152/2003.

Prevention of deceptive

practices and consumer

protection; Protection of human health or safety;

Quality requirements;

ASTME-1164; ASTM E-810

G/TBT/N/BRA/702 2017 HS Chapter 87 -

Vehicles (Electronic stability control -

ESC)

CONTRAN Ordinance Nº 641, 14

December 2016 (Resolution CONTRAN Nº 641, dated

December 14, 2016) (1 page, in Portuguese)

Ordinance providing mandatory use

of electronic stability control (ESC) (Sistema de controle da estabilidade

(SCE)) in vehicles M2, M3, N2, N3, O3 and O4 just departing from the

factory, as well as imported vehicles,

giving better driveability by the testing result on the basis of the

United Nations UN R13 or with

United States regulations FMVSS 136, as applicable, to ensure the

safety of drivers and passengers.

Consumer Protection;

Consumer Information; Human Safety

Article 5 To prove the performance

of the mandatory systems, the test results shall comply with United

Nations Regulation UN R13, or

with North American Standard

FMVSS 136, as applicable.

G/TBT/N/BRA/197 2005 Air conditioning machines comprising

a motor-driven fan

and elements for changing the

temperature and

humidity, incl. those

INMETRO Draft Ministerial Act on labelling requirements for

domestic air conditioners (1

page, in Portuguese)

Draft not approved

Technical regulation which lays down procedures for the mandatory

assessment of conformity for

domestic air conditioners

Protection of the environment; energy-

saving requirements

39

machines in which

the humidity cannot

be separately

regulated; parts thereof (HS: 8415).