Modification of the Procedure for Certification and Authorization of Importation of Batteries

Resolution No. 31/2023, enacted by the Ministry of Environment and Sustainable Development on January 23 (“Resolution 31”), modified the provisions of Resolution No. 443/2020 of the Ministry of Environment and Sustainable Development (“Resolution 443“) regarding the procedure for the certification and authorization of importation of cells and batteries.

 

Relevant aspects of Resolution 31

As a reminder, Resolution 443 established the guidelines for the permanent or temporary importation of primary cells and batteries.

In this regard, Resolution 31 replaced Annexes III and V of Resolution 443 by Annexes I and II, respectively, of the new resolution.

The current Annex I and Annex II establishes (a) the procedure for the certification provided for in article 6 of Law No. 26,184 (which obliges those responsible for the manufacture, assembly and importation of cells, to certify for that cells and batteries do comply with the requirements indicated in such law) and (b) the procedure to obtain the authorization to import cells and batteries.

Likewise, Resolution 31 also sets forth that the import authorizations for cells and batteries will be issued by the Secretariat for Environmental Control and Monitoring. Imports regarding devices that may include cells and batteries -whether incorporated to the device or not- will be allowed -exclusively- in case they are included by the Annex to the corresponding Certificate of Conformity, issued by the certifying entity.

In addition, Resolution 31 modifies article 14 of Resolution 443 and establishes the information that certifying entities must issue through the Distance Procedures Platform (“TAD”, for its Spanish acronym, Trámites a Distancia).

Finally, importers who were entitled with authorizations granted under the import procedure established in Annex V of Resolution No. 443 at the time of entry into force of Resolution 31 -scheduled for February 12, 2023-, may voluntarily choose to obtain new authorizations under the new regime.

 

For additional information, please contact Nicolás Eliaschev, Pablo Arrascaeta, María Eugenia Muñoz and/or Rocío Valdez.