Law of 2 February 2006 laying down rules on units of measurement and on the placing on the market and use of measuring instruments (Metrologics Act)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is appropriate to define the rules relating to units of measurement and the placing on the market and use of measuring instruments in a way that is appropriate and comprehensible to the requirements of this time, taking into account, inter alia, the implementation of EC legislation in the field of metrology, and in particular of Directive 2004 /22/EC from the European Parliament and the Council of 31 March 2004 on measuring instruments (PbEU L 135);
Thus, we, the Council of State, and with the mean consultations of the States-General, have been well-liked and understood to be right and to be understood as saying:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister for Economic Affairs;
b. EU Decision: Binding Decision of the Council of the European Union, of the European Parliament and of the Council, jointly or of the European Commission;
c. Measurement instrument: apparatus or system with a measuring function;
d. Part: apparatus which operates independently and which, together with other compatible components or a compatible measuring instrument, constitutes a measuring instrument;
e. regular measurement task: measurement task for a specific application, specified in Article 5, first paragraph ;
f. regulated measuring instrument: measuring instrument intended for a regulated measurement task in respect of which, according to Article 5, first paragraph , rules have been set.
g. conformity assessment: assessment of the conformity of a measuring instrument or of a component, with the required requirements;
(h) placing on the market: for the first time in the European Union, the placing on the market of a measuring instrument;
(i) making available on the market: the provision of a measuring instrument for distribution or use on the European Union market, whether or not to be made against payment in the context of a commercial activity;
Use: first use of a measuring instrument intended for an end-user for the purpose for which it was intended;
k. Designated body: Article 12 appropriate body;
(l) operator: manufacturer, authorised, importer or distributor;
Manufacturer: a natural or legal person who manufactures or has a measuring instrument designed or manufactured, and places it on the market under his name or trade mark, or takes it for its own use;
n. authorised: a natural or legal person established in the European Union who is authorised in writing by a manufacturer to perform specific tasks on his behalf;
o. Importer: a natural or legal person established in the European Union who places a measuring instrument from a third country on the Union market;
p. distributor: a natural or legal person in the supply chain, different from the manufacturer or the importer, who offers a measuring instrument on the market;
q. Internal authority: a separate and distinct component within the manufacturer ' s company that is not engaged in the design, production, supply, installation, use or maintenance of measuring instruments, they shall be shall assess.
In the case of general measures of management, units of measurement may be established and rules may also be laid down concerning:
a. The symbol, the designation, the description and the use of a unit of measurement;
b. The designation and measurement standard of a quantity.
1 If under Article 2 a national measurement standard of a quantity shall be achieved or managed, our Minister shall designate a institution established in the Netherlands to ensure the achievement and management of that national measurement standard.
2. For a designation, an institution shall be
(a) as regards the organisation, personnel and equipment, in such a way as to enable the attainment or management of the national standard of measurement of the quantity in question to be carried out in accordance with the relevant provisions of the competent organs of the Member State; the Convention for the Insurance of International Unity and the Unification of the metric System (Stb), signed in Paris on 20 May 1875. (219) is defined in the context of that Convention or in accordance with the relevant provisions of an EU Decision; and
(b) the task referred to in the first paragraph may be independent.
3 The designation may be withdrawn if:
(a) the institution concerned so requests;
(b) it appears that the institution does not comply with the rules laid down in accordance with this Law in respect of the measurement standard;
(c) the institution no longer meets the requirements of the second paragraph;
d. the institution does not comply with other obligations arising from this Act.
4 An institution designated under the first paragraph shall re-establish the measurement standards of designated authorities and supervisors at their request for the national measurement standard of the relevant quantity.
5 Our Minister may give instructions to an institution in respect of the exercise of its duties.
1 There is a Council of experts for the national measurement standards, which has the task of:
(a) to monitor the implementation and management of national measurement standards and to report annually to our Minister and to advise him, by any means, of the national measurement standards;
b. to advise on matters relating to the measurement standards of quantities.
2 The Council shall be given the opportunity to give its opinion on the intention to designate or withdraw a designation by reason of the following: Article 3 .
3 The Council shall be composed of a maximum of nine members.
1 By or under a general measure of administration, public interest, public health, public security, public policy, environmental protection and consumer protection or for fair trade, may be charged with taxes or Of other charges, rules shall be laid down concerning measuring instruments with a measurement task for a specific application, including those relating to:
a. The requirements to be met by a measuring instrument, or part of a measuring instrument;
b. the conditions under which a measuring instrument is used;
(c) the EU declaration of conformity indicating that the required requirements have been demonstrated;
d. Marks indicating that a measuring instrument complies with the requirements and other marks.
2 In the case of, or under general management, rules relating to the conformity assessment of measuring instruments may be laid down, as well as with regard to marking, the designation of those who do so. be competent, and the obligations of economic operators as regards the implementation of the rules referred to in paragraph 1 in conjunction with the third paragraph.
3 In the rules referred to in paragraphs 1 and 2, a distinction may be made between placing on the market, putting into service, making available on the market and the use of measuring instruments.
1 A regular measuring instrument undergoes one for that measuring instrument on the basis of Article 5 prescribed conformity assessment before it is placed on the market or is put into service.
2 Measurement instruments that have undergone a conformity assessment referred to in paragraph 1 shall be treated as measuring instruments other than a Member State of the European Union in another Member State of the European Union or in a State other than that of the European Union, by a Contracting Party to that effect, or to the present Convention, which binds the Netherlands, has been lawfully produced or placed on the market and which, by an equivalent body approved by that State, is responsible for its conformity with the Netherlands. have been assessed subject to the fulfilment of equivalent requirements in that assessment.
A regular measuring instrument used to be used undergoes one on the basis of Article 5 Conformity assessment required for that measuring instrument:
a. Before the measurement instrument is used again after a repair or change that may affect the measurement function;
b. following the violation of the marking;
c. at the request of the owner or the user;
d. at the end of a period of time, in so far as that is determined by or pursuant to general management measures.
A measuring instrument that satisfies the requirements of the conformity assessment of the conformity assessment shall be carried out in accordance with the requirements of the Annex to this Regulation. Article 5 lay down rules laid down for the marking of that measuring instrument.
At or under general management measure, the placing on the market or putting into service of any measuring instruments other than regular measuring instruments may, in respect of the implementation of an EU act, be subject to or pursuant to a general measure of management. as intended in Article 5, first paragraph, parts (a) to (d) and second paragraph , it shall be determined.
In the case of, or pursuant to general management measures, the requirements to be met by bodies carrying out a task of conformity in the context of a conformity assessment shall be determined.
1 By ministerial arrangement, a designated body may be a natural person or a legal person, according to rules laid down by that procedure, to grant recognition in order to carry out certain activities in the context of a conformity assessment of measuring instruments deployed in use.
2 The rules referred to in paragraph 1 shall determine how recognition is given to a recognition granted or withdrawn.
1 Our Minister shall designate the authorities responsible for carrying out a task of scrutiny in the context of a conformity assessment of a measuring instrument. It may provide that the authority has a power to recognise as referred to in Article 1 (2). Article 11, first paragraph -To be granted.
2 For designation, a body making an application for that purpose shall be eligible to qualify for that purpose. Article 10 requirements.
3 To a designation, rules may be attached.
4 If an attribute or identification number has been established by the European Commission for the designated body, this shall be included in the designation. In addition, the designation may include an established national attribute or identification number for the designated body.
5 Our Minister shall revoke a designation whether temporary or temporary if:
(a) the notified body so requests;
b. The notified body no longer complies with the Article 10 requirements;
(c) The designated authority shall neglect the tasks conferred on it under this Act.
6 Our Minister may lay down rules relating to the transfer of files of a designated body whose designation is withdrawn.
1 Our Minister makes a statement in the Official Gazette, indicating the conformity assessment procedures, the instrument for which the power was authorised and, where appropriate, the competent authority to act in the Official Journal. Recognition as intended Article 11, first paragraph -To be granted.
2 The first paragraph shall apply mutatis mutandis to the withdrawal of a designation.
Our Minister may lay down rules relating to the performance and operation of designated bodies and of persons to whom recognition is to be granted in respect of Article 11 was granted.
Our Minister may also, after the designation of an authority, lay down rules on the designation or change of the rules attached to them, if that is necessary as a result of an EU decision or technical development.
1 A designated authority shall provide our Minister with all the information he needs for the performance of his task. Our Minister may request access to the business and records in so far as it is reasonably necessary for the performance of his duties.
2 A designated body shall be required to give the Minister or any expert or institution addressed to it to that end, to verify that the notified body meets the requirements and requirements laid down.
With a designated authority as intended to Article 12 shall be treated in the same way as a body notified by another Member State of the European Union or another State party to the Agreement on the European Economic Area, as notified to the European Commission, which is competent to carry out the operation of the review operations under the same conformity assessment procedures of the measuring instrument concerned.
1 By or under general management measures, rules may be laid down concerning the designation of bodies to implement an agreement between the European Union and a third country on mutual recognition of conformity assessments of measuring instruments.
2 The rules referred to in paragraph 1 may cover, inter alia:
a. Requirements to be met by bodies for designation;
(b) the grounds for suspension or revocation of a designation;
c. The tariffs to be applied by the authorities;
d. Supervision of the bodies;
(e) compensation for the costs of designation and supervision.
1 Our Minister may fix tariffs which the designated authorities may calculate to the highest for the work they have carried out in the context of the conformity assessment of a measuring instrument. Different rates can be set for different activities.
2 Our Minister may lay down tariffs which the designated agencies may not charge at the highest for their work in connection with the granting of a recognition as intended Article 11 .
1 A designated body shall send to our Minister an annual report of the activities for the previous calendar year by 1 June of this year.
2 In the case of ministerial arrangements, further requirements may be laid down in the report.
In the case of, or under general management, requirements to be met by an internal body carrying out activities in conformity assessment shall be defined and to which the manufacturer where the internal authority is part of must be satisfied with the provision of information to our Minister on that authority.
1 It shall be prohibited to any of the following:
2 In the case of ministerial arrangements, cases or circumstances where the prohibition referred to in paragraph 1 shall not apply shall be laid down.
1 An economic operator and an end-user shall prohibit the placing on the market, use or offer of a regular measuring instrument before being put into service on the market, if it does not correspond to the requirements of this Directive. that instrument under Article 5, first paragraph, part a -It's been set.
2 An economic operator and an end-user shall prohibit the placing on the market, putting into service, or before it is put into service, on the market of a regulated measuring instrument, if it is not provided with the marks from which the measuring instrument is to be placed on the market. agree to the compliance with that instrument under Article 5, first paragraph, part a It is clear that this is the case.
3 By ministerial order it may be laid down that the cases or circumstances specified in that procedure may be exempted from the prohibition set out in the first, second paragraph, as a result.
4 Our Minister may waive the prohibition set out in paragraph 1, second paragraph, of the first paragraph.
5 An exemption or exemption may be granted under restrictions. Rules may be attached to an exemption or a derogation.
6 Under ministerial rules, rules may be laid down for the reimbursement of costs incurred in the processing of applications for exemption, and on the method of payment.
1 It shall be prohibited to use, possess or have available a measuring instrument for a scheduled measurement task if that measuring instrument:
a. Not a regular measuring instrument which corresponds to the requirements of this Article 5, first paragraph, part a , set to that measuring instrument, or
b. Do not have the required marks.
2 It is a prohibition to use a measuring instrument for a scheduled measurement task if that measuring instrument
3 It shall be prohibited from any other than in accordance with the provisions of Article 5, first paragraph, part b The rules set out use a regular measuring instrument for the scheduled measurement task for which it is intended.
4 In the case of a ministerial arrangement, provision may be made for a measuring instrument, whether or not the cases or circumstances indicated, where applicable, shall be subject to restrictions, exemption or exemption from the provisions of the first, Second, or third member, included in the prohibition. Rules may be attached to an exemption or a derogation.
5 In the case of ministerial rules, rules may be laid down for the reimbursement of costs for processing an application for exemption, as well as on the method of payment.
1 It is an all prohibited to provide a measuring instrument of a mark contrary to Article 8 And the Article 5, first and second paragraphs , or, where appropriate, by Article 9 , rules laid down in respect of that instrument.
The Article 9 such rules may prohibit the placing on the market, putting into service or market provision of measuring instruments which do not comply with the requirements set out therein.
2 If officials are appointed who are responsible to another Minister, the decision to designate such officials shall be taken by our Minister in agreement with the other Minister.
3 A decision to designate shall be communicated by the State Official Gazette.
2 The officials referred to in Article 27 may, in their judgement, involve in their judgement the findings of persons, who, in the exercise of an occupation or holding, control or maintain measuring instruments, if the officials have ensured that those persons are satisfied with the requirement expertise and the independence of supervision is not in dispute.
Rules to be adopted pursuant to or pursuant to general rules of administration may, for the purposes of implementing the rules to be laid down for the purpose of monitoring compliance with the provisions of the Chapter 5 and Article 39 the costs shall be borne by the person for whom this activity is carried out.
1 On the basis of Article 27 , first paragraph, designated officials shall be empowered to carry out regular measuring instruments intended for the purpose of the investigation. Article 5:18 of the General Administrative Law , not to the under Article 5, first paragraph , meet the requirements laid down, be marked with a mark of marking.
2 The model of the seal mark referred to in paragraph 1 shall be established by means of a ministerial arrangement.
2 The sum of money to be paid for a forfeited penalty payment is payable to the State.
3 In the absence of payment of the periodic penalty payment within the period prescribed by Our Minister, our Minister may claim the amount due in the case of a compulsory order.
In the case of, or under general management measures, rules may be laid down for measures to be taken and procedures to be followed in the event of infringement of the provisions of the Article 23 or 24 or of a Article 26 established prohibition on all or part of the measuring instruments of a specific model, for which under an EU decision, rules under Article 5 or Article 9 have been set.
Decisions of a designated authority or of a natural person or a legal person to whom on the basis of Article 11 an approval has been granted, in the course of carrying out a review, in the context of a conformity assessment of a measuring instrument, which, as a result or as a consequence of the instrument, does not meet the requirements laid down, shall be accepted by the Commission; Parties concerned were informed in writing and giving reasons.
1 Our Minister shall send to the States-General every four years a report on the effectiveness of the functioning of the designated bodies.
2 [ Red: Expated.]
1 By way of derogation from Article 23 may provide regular measuring instruments on which Directive 2004 /22/EC the European Parliament and the Council of 31 March 2004 on measuring instruments are subject to the placing on the market, put into service or continue to be marketed for putting into service, if not later than 29 October 2006 in accordance with Article 11a of the IJkwet a model of those instruments is permitted and they comply with the rules established on that date by or under the Ice cream For the purposes of placing on the market or putting into service, the instruments shall be used for placing on the market or putting into service
2 The first paragraph shall apply until the date on which the period of validity of the Article 11a of the IJkwet A certificate issued on the authorisation of the model of the measuring instrument has expired, or in the absence thereof, until 1 November 2016, or a previous date to be determined by our Minister.
3 If for a measuring instrument as referred to in the first paragraph on the basis of Article 21b of IJkwet an exemption or waiver has been granted, this exemption or waiver shall remain valid until 1 November 2016.
1 By way of derogation from Article 23 Other controlled measuring instruments other than those specified in Article 45 to be placed on the market, put into service or otherwise marketed for use if not later than 29 October 2006, in accordance with Article 11a of the IJkwet a model of those instruments is permitted and they comply with the rules established on that date by or under the Ice cream For the purposes of placing on the market or putting into service, the instruments shall be used for placing on the market or putting into service
2 If for any other instrument of measurement other than those specified in Article 45, first paragraph , the rules shall be laid down, the rights acquired shall be drawn up on the basis of Article 21b or 21c, of the IJkwet Derogation granted for the relevant measuring instrument immediately prior to the entry into force of this Regulation Article 44 was valid, respected.
1 If under Article 5 rules apply to the use of a measuring instrument in the application of Article 24, first paragraph, parts a and b , a measuring instrument intended for the measurement task in question, immediately prior to the entry into force of Article 44 met the at or under the Ice cream prescribed rules concerning the use, considered as a regular measuring instrument that complies with the requirements of Article 5 set rules.
2 The first paragraph shall apply unless a conformity assessment has been carried out on the basis of Article 7 or otherwise, it appears that the instrument is not in the case of or under the Ice cream Compliance with set rules.
3 In the case of a ministerial arrangement, a measuring instrument may stipulate that the first member shall not apply after a period to be determined.
1 A recognition as intended Article 26 of the IJkwet of a power to carry out work relating to a measuring instrument shall remain valid until one year from the date of entry into force of Article 44 .
2 The Articles 26c to 26g, of the Iron et and the resulting rules and restrictions continue to apply during the period referred to in the first paragraph, and our Minister shall designate a designated entity to whom the functions and powers of the calibration setting.
3 The calibration competent, which shall have an accreditation as referred to in Article 26 of the IJkwet for the period referred to in the first paragraph, it shall be responsible for the work which has been Ice cream were among his powers, in respect of the Article 45, first paragraph Those measuring instruments, before being placed on the market or put into service, shall be exercised only to the extent that they are assessed according to the rules and regulations of the Commission.
4 The calibration competent referred to in the third paragraph shall have a means of Article 11 recognition granted, is competent to:
5 The legal person under the conditions of Article 22 of the IJkwet was designated as a calibration establishment for the purpose of implementing this Article or at the request of the calibration competent, the archive documents relating to a recognition on the basis of Article 26 of the IJkwet on to the designated authority referred to in paragraph 2, or to the designated body, to whom the person who was granted the approval an application for recognition as referred to in Article 3 (2) (b) of the Article 11 Does.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be determined differently for the various articles or parts of such articles.
This law is cited as: Metrology law.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 2 February 2006
The Minister for Economic Affairs,
L. J. BrinkhorstPublished the sixteenth March 2006
The Minister of Justice,
J. P. H. Donner