2008 -291   1 de 5 RESOLUTION No. 003 -2008  
THE BOARD OF DIRECTORS OF THE ECUADORIAN STANDARDISATION INSTITUTE  
 
CONSIDERING : 
 
Whereas, in accordance with the provisions in section 7 of article 23 of the Political Constitution of the Republic of 
Ecuador, the State has the duty  of guaranteeing the right to have public and private goods and services of high quality; to 
choose them freely and to receive adequate and truthful information on their contents and features . 
 
Whereas, the Protocol for the Republic of Ecuador’s Adhesion t o the Agreement by which the World Trade Organization 
(WTO) was established was published in a Supplement to Registro Oficial  (Official Journal) No. 853 of 2 January 1996.  
 
Whereas, article 2 of the WTO Agreement on Technical Barriers to Trade (TBT) establ ishes provisions for the 
preparation, adoption and application of Technical Regulations by central government bodies and for their reporting to 
the other Members .  
 
Whereas, the Decisions and Recommendations adopted by the WTO’s Committee on Technical Barr iers to Trade must 
be taken into account.  
 
Whereas, Appendix III of the TBT Agreement established a Code of Good Conduct for the preparation, adoption and 
application of standards . 
 
Whereas, Andean Community Commission Decision 376 of 1995 created the “An dean System of Standardisation, 
Accreditation, Testing, Certification, Technical Regulations and Metrology", amended by Decision 419 of 31 July 1997.  
 
Whereas, Andean Community Commission Decision 562 of June 2003 established "Directives for the preparati on, 
adoption and application of Technical Regulations at the community level in the Member Countries of the Andean 
Community."  
 
Whereas, the Ministry of Foreign Trade, Industrialisation, Fishing and Competitiveness, through the MNAC (Ecuadorian 
Quality Sys tem) Council, by means of Resolution No. MNAC -0003 of 10 December 2002, published in Official Journal 
No. 739 of 7 January 2003, established procedures for the preparation, adoption and application of Ecuadorian Technical 
Regulations.  
 
Whereas, Law No. 20 07-76 published in a Supplement to Official Journal No. 26 of Thursday, 22 February 2007 
established the Ecuadorian Quality System, that has the objective of establishing a legal framework for the purposes of : 
 
I) Regulating the principles, policies and entit ies related to the activities involved in the assessment of conformity 
that facilitate the fulfilment of the international commitments in this area ; 
II) Guaranteeing the fulfilment of citizens’ rights related to safety and the protection of human, animal and 
vegetable health and life, preservation of the environment, consumer protection against deceptive practices and 
the correction and punishment of such practices . 
 
Whereas, it is necessary to guarantee that the information provided to consumers is clear, conc ise, truthful, verifiable and 
does not mislead the consumer.  
 
Whereas, the Ecuadorian Standardisation Institute (INEN), in compliance with Government provisions and following the 
regulatory proceeding established in article 29 of Law  2008 -291   2 de 5  2007 -76 of the Ecua dorian Quality System, has formulated the present Ecuador Technical Regulation  “Corrugated 
sections and steel posts for guardrails”.  
 
Whereas, in conformity with article 2, section 2.9 in the WTO Agreement on Technical Barriers to Trade, and article 11 
of Andean Community Commission (CAN) Decision 562, on 22 -6-2006 this regulation was reported to the WTO and the 
CAN, thereby complying with the terms pre -established for such purpose.  
 
Whereas , the INEN Board of Directors, in its meeting held 16 and 22 Febru ary, and 5 March 2008, respectively, were 
aware of and approved such Regulations;  
 
Whereas, by decision of the INEN Board of Directors , the Chairman of the Board of Directors must proceed to its  
MANDATORY  official recognition by means of its publication i n the Official Journal; and,  
 
In exercise of the powers granted by Law it is hereby . 
 
RESOLVED : 
 
ARTICLE  1.- To promulgate the following  Ecuador ian Technical Regulation  RTE INEN 029 “ Corrugated sections 
and steel posts for guardrails ” as MANDATORY, whethe r they be of domestic or imported manufacture, provided that 
they are offered for sale in the Republic of Ecuador : 
 
1. OBJECT  
 
1.1 This Ecuadorian Technical Regulation establishes the technical requirements to be met by the products referred to in 
section 2, for the purpose of protecting human, animal and plant life and health and ensuring road safety.  
 
2. SCOPE OF APPLICATION  
 
2.1 This Ecuadorian Technical Regulation applies to the following products, whether of domestic or imported 
manufacture, that are offered for sale in the Republic of Ecuador . 
 
2.1.1  Corrugated sections (railings),  
 
2.1.2  Terminals for guardrails,  
 
2.1.3  Steel posts manufactured by cold -forming processes,  
 
2.1.4.  Fixtures for guardrails and;  
 
2.1.5  Spacers.  
 
2.2 The products included in the present Ec uadorian Technical Regulation are those within the following tariff 
classification : 
 
CLASSIFICATION  DESCRIPTION  
  
7308.90.10.00  -- Plates, rods, sections, tubes and similar products for construction  
7308.90.90.00  - - Others  
7318  Screws,  bolts,  nuts,  coach screws,  screw taps , rivets, pins, dowels, keys, washers 
(including spring washers) and similar cast iron, iron and steel articles  
7318.15  - - Other screws and bolts, including their nuts and washers:  
7318.15.90.00  --- Others  2008 -291   3 de 5  
7318.16.00.00  -- Nuts - 
7318.19.00.00  - Others  
 
3. DEFINITIONS  
 
3.1 The definitions established in NTE INEN 2 473 in effect and those indicated  below shall be considered for purposes of 
applying this Ecuadorian Technical Regulation : 
 
3.1.1 Deregulation.  An administrative act that changes the nature of a standard from mandatory to voluntary; it may 
also refer to the repeal of an Ecuadorian Technical Regulation or a procedure for conformity assessment . 
 
3.1.2 Supplier. All individuals or legal entities, whether public or private, that  perform the activities of production, 
manufacture, import, construction, distribution, leasing or sale of goods, as well as providing services to consumers, for 
which they receivea price or fee. This definition includes those who acquire goods or services  to bundle them into 
production or refining processes, as well as to those who provide public services by delegation or concession . 
 
3.1.3 End user.  All individuals or legal entities  that acquire, use or enjoy goods or services, or accept offers for such, as a 
final user . 
 
4. GENERAL TERMS AND CONDITIONS  
 
4.1 The e nd user  must demand a certificate of conformance for the raw material from the manufacturer . 
 
4.2. Suppliers of steel g uardrails must keep the certificates of quality and origin for the nuts and bolts that  are used in 
assembly; such certificates shall indicate the mechanical characteristics and chemical composition of such parts . 
 
4.3. Guardrails are classified according to section 4 of the current NTE INEN 2 473.  
 
5. PRODUCT REQUIREMENTS  
 
5.1 Each one of p roducts included in section 2 of this Ecuadorian Technical Regulation must meet the requirements set 
forth in NTE INEN 2 473  in force . 
 
6. MARKING OR LABELLING REQUIREMENTS  
 
6.1 The l abels for products listed in the present Ecuadorian Technical Regulation must meet the requirements set 
forth in section 7 of NTE INEN 2 473  in force . 
 
6.2 The l abels must be in Spanish, but may also be in other languages in addition to Spanish . 
 
7. TESTING TO ASSESS CONFORMITY  
 
7.1 For the purpose of verifying compliance with  the provisions in these regulations, inspection and sampling must be 
carried out as indicated in section 6 of NTE INEN 2 473 in force . 
 
7.2 For the purpose of verifying compliance with  the dimensional and mechanical requirements established in NTE 
INEN 2 4 73 in force , the following testing must be conducted : 2008 -291   4 de 5  
TESTING OR REQUIREMENT ACCORDING TO  
NTE INEN 2 473  PRODUCT  
Mechanical  Dimensional  
Handrails  Section  5.1.1.1  Section  5.1.4.1  
Posts  Section  5.1.1.2  Figure  3. 
Terminals  Section  5.1.1.3  Figure  6. 
Fasteners  Section  5.1.2.2  Figure  2. 
Separators  Section  5.1.2.9  Figure  5. 
 
8. REFERENCE STANDARDS TO BE CONSULTED  
 
Ecuador Technical Standard NTE INEN 109 Tensile test for steel.  
 
Ecuador Technical Standard NTE INEN 121 Tensile test for steel plates wi th thicknesses of  0.5 - 3 mm.  
 
Ecuador Technical Standard NTE INEN 2 473 Corrugated sections and steel posts for guardrails.  
 
9. PROOF  OF CONFORMITY TO CURRENT ECUADORIAN TECHNICAL  REGULATIONS   
 
9.1 The products referred to in these regulations must meet the provisions in this document and all other provisions 
established in other laws and regulations in effect applicable to these products . 
 
9.2 Conformity with the present Ecuadorian Technical Regulations must be proven by means of presenting a certificate 
of conf ormance issued by a body accredited or designated in Ecuador, or by those that are issued under mutual 
recognition agreements in effect with this country . 
 
10. BODIES RESPONSIBLE FOR THE ASSESSMENT AND CERTIFICATION OF CONFORMITY  
 
10.1 The assessment and certif ication of conformity demanded in the present Ecuadorian Technical Regulations must be 
made by duly accredited or designated entities, in accordance with the provisions in Law 2007 -76 of the 
Ecuadorian Quality System . 
 
10.2 In the event that there are no labora tories in Ecuador accredited for such purpose, the certifying body will use, 
while retaining full responsibility, data from a laboratory designated by CONCAL or recognised by the certifying 
body . 
 
10.3 For products that are set forth in the list of goods subjec t to control as indicated in Executive Decree 1526, the 
dealers must present Form  INEN 1  
 
11. ENFORCEMENT AND SUPERVISORY  AUTHORITY  
 
11.1 The Ecuadorian Standardisation Institute (INEN) is the authority competent to carry out the tasks of monitoring and 
enforcement of compliance with the requirements of the present Ecuadorian Technical Regulations , in accordance with 
the provisions in the Organic Law on Consumer Protection  , its regulations and other laws . 2008 -291   5 de 5  
12. TYPE OF ENFORCEMENT AND/OR SUPERVISION  
 
12.1 The enforcement and supervision  of compliance with the present Ecuadorian Technical Regulations shall be carried 
out by the INEN in the business premises for sale or distribution of such artefacts, without prior notice . 
 
13. PENALTIES  
 
13.1 Those product s uppliers that fail to fulfil the provisions in these Ecuadorian Technical Regulations shall be subject to 
the penalties indicated  in the Law of the Ecuadorian Quality System (Law No. 2007 -76) and other laws in effect, 
according to the risk implied for user s and the severity of the non -fulfilment . 
 
14. RESPONSIBILITY OF BODIES FOR ASSESSMENT OF CONFORMITY  
 
14.1 The certification bodies, laboratories or other entities that have issued erroneous certificates of conformance or 
laboratory reports, or that have d eliberately altered the data from laboratory tests or certificates, shall bear administrative, 
civil, criminal and/ or fiscal responsibility in accordance with the provisions in the Law of the Ecuadorian Quality 
System (Law No. 2007 -76) and other laws in e ffect. 
 
15. REVIEW and UPDATING  
 
15.1  For the purpose of maintaining the provisions of these Ecuadorian Technical Regulations updated, the 
Ecuadorian Standardisation Institute (INEN), within a term no greater than five (5) years reckoned from the date of their 
entry into effect, shall review them in order to incorporate additional technological advances or safety requirements for 
the protection of health, life and the environment, in accordance with the provisions in the Law of the Ecuadorian Quality 
Syste m (Law No. 2007 -76). 
 
ARTICLE  2 These Ecuadorian Technical Regulation shall go into effect upon the expiry of one hundred and eighty 
calendar days from the date of their publication in the Official Journal . 
 
LET IT BE KNOWN AND PUBLISHED in the Official Jo urnal .  
 
Promulgated in  Quito, Metropolitan District,  7 May 2008  
 
Eng. Marco Peñaherrera  Felipe Urresta  
CHAIRMAN OF THE BOARD OF DIRECTORS  Civil  Eng., M. Sc.  
SECRETARY OF THE BOARD OF DIRECTORS  
 
 
PUBLISHED IN THE SECOND SUPPLEMENT TO OFFICIAL JOURNAL Nº 35 1 OF 3 JUNE  2008.