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Law No. 98 Of 7 April 2004 On The Amendment Of The Government Ordinance. 20/1992 On Metrology

Original Language Title:  LEGE nr. 98 din 7 aprilie 2004 pentru modificarea Ordonanţei Guvernului nr. 20/1992 privind activitatea de metrologie

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LEGE no. 98 98 of 7 April 2004 for amendment Government Ordinance no. 20/1992 on metrology activity
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 333 333 of 16 April 2004



The Romanian Parliament adopts this law + Article I Government Ordinance no. 20/1992 on the activity of metrology, published in the Official Gazette of Romania, Part I, no. 212 of 28 August 1992, approved with amendments by Law no. 11/1994 , as amended and supplemented, shall be amended as follows: 1. Article 3 shall read as follows: "" Art. 3. -Measuring means and measurements that are used in areas of public interest on population health and safety, public order, environmental protection, consumer protection, tax levying and taxes and fairness commercial transactions, which directly or indirectly affect the life of citizens, are subject to legal metrological control, according to the provisions of this ordinance. The activities of economic agents, which have as their object the measuring means and the measurements provided in par. 1, are subject to legal metrological control, through authorization/approval and supervision, according to the provisions of this ordinance. " 2. Article 6 shall read as follows: "" Art. 6. -The legal units are: a) units belonging to the International System of Units, hereinafter referred to as SI units, and their multiple decimal multiples and submultiples; b) units which are defined on the basis of SI units, but are not multiple or decimal submultiples thereof; c) units used together with SI, whose values in SI units are obtained experimentally; d) units admitted only in specialized fields; e) compound units. The legal units are approved by Government decisions that establish the names, symbols and definitions of legal units, the values of the legal units, provided in par. 1 lit. b)-d), expressed in SI units, and, where applicable, the areas in which they may be used. " 3. Article 7 shall read as follows: "" Art. 7. -In the measurements made in the areas of public interest provided in art. 3 3 para. 1 it is mandatory to use legal units. The transitional use of additional indications expressed in units of measurement, other than those provided for in art. 6 6 para. 1, only under the conditions established by Government decision. " 4. Article 16 shall read as follows: "" Art. 16. -Before the placing on the market and the commissioning of the measuring instruments provided in art. 15 15 para. 1, with the exception of non-automatic weighing instruments, the legal metrological control shall be exercised in accordance with the provisions of the legal metrology instructions, by the following ways: a) model approval; b) EEC pattern approval; c) initial metrological verification; d) initial EEC verification e) metrological opinion. Model approval for measuring instruments legally manufactured and marketed in a Member State of the European Union, in Turkey, in a signatory State of the Agreement on the European Economic Area or in a State with which Romania has concluded a recognition agreement in this regard is not mandatory if these measuring instruments have obtained model approval in that state and the requirements under which it was granted are equivalent to those imposed in Romania for granting the respective model approval. For measuring instruments manufactured and lawfully marketed in a Member State of the European Union, in Turkey, in a signatory State of the Agreement on the European Economic Area or in a State with which Romania has concluded a recognition in this regard, which are the subject of a model approval application, the tests carried out in that State shall be accepted if they are equivalent to the tests required in Romania and if the results of these tests are made available The Roman Bureau of Legal Metrology. Initial metrological checks for measuring instruments legally manufactured and marketed in a Member State of the European Union, in Turkey, in a signatory State of the Agreement on the European Economic Area or in a State with which Romania has entered into a recognition agreement in this regard not mandatory if these measuring instruments were subject to initial metrological checks in that State and the requirements under which they were carried out are equivalent those imposed in Romania for carrying out the initial metrological checks. The conditions for placing on the market and putting into service of non-automatic weighing instruments and measuring instruments covered by the EEC legal metrology rules shall be laid down by specific technical regulations adopted by Government decision. The procedures by which it is established whether the manufacture and marketing have been carried out lawfully, and whether there is equivalent to the requirements and tests of these measuring instruments, shall be provided by implementing rules, which shall be approved by order of The Director General of the Romanian Bureau of Legal Metrology and published in the Official Gazette of Romania, Part I; the respective procedures will be in line with European practices. Provisions of para. 2, 3, and 4 shall apply from the date of Romania's accession to the European Union. " 5. Article 18 shall read as follows: "" Art. 18. -For the measuring instruments that have corresponded to the legal metrological control provided for in art. 16 16 para. 1 and to art. 16 16 1 lit. a) and b) specific documents shall be issued, as appropriate, and the following metrological markings shall apply as appropriate: a) the marking of the model approval; b) the metrological verification mark; c) marking of EEC pattern approval; d) EEC initial verification mark. The measuring means provided in par. 1 are legal means of measurement. The graphic representation, the conditions of application and/or recognition of metrological markings shall be established by instructions of legal metrology. The metrological markings applied in the form of a seal shall also be subject to the legal provisions relating to the seals of the state and shall benefit from the same legal protection. " 6. Article 23 shall read as follows: "" Art. 23. -Natural or legal persons who manufacture, import, repair, modify, verify, rent, sell or install means of measurement provided in art. 15 15 para. 1, except for non-automatic weighing machines, request the issuance by the Romanian Bureau of Legal Metrology, under the conditions provided by the specific regulations, of the following documents, as the case may be: a) opinions for the manufacture, import, repair/modification, rental, sale and installation of measuring instruments; b) certificates of model approval or, where applicable, EEC pattern approval certificates; c) authorizations for legal entities regarding the activity of verification of measuring instruments, as well as of the physical person metrologist verifier; d) metrological opinions. In special cases, provided by the specific regulations, the responsibility of obtaining model approval lies with the holder. Natural or legal persons who repair, modify, verify, rent, sell or mount non-automatic weighing instruments, after they have been put into operation, request the issuance by the Romanian Bureau of Legal Metrology, in the the conditions laid down by the specific regulations, the following documents, as applicable a) opinions for the repair/modification, rental, sale and installation of measuring instruments; b) authorizations for legal entities regarding the activity of verification of measuring instruments, as well as of the metrologist verifier individual. Natural and legal persons referred to in par. 1 and 3 must observe in the course of carrying out the initial requirements that formed the basis of the decision granting the authorizations/opinions and to ensure the necessary conditions for the supervision according to the provisions of the instructions Legal metrology. From the date of Romania's accession to the European Union, measuring instruments legally manufactured and marketed in a Member State of the European Union, in Turkey or in a signatory State of the Agreement on the European Economic Area are not applicable to the provisions 1 lit. a) relating to import, rental and sale. " 7. Article 25 shall read as follows: "" Art. 25. -The manufacturer of measuring instruments subject to legal metrological control by model approval or his authorized representative, legal person based in Romania, has the responsibility of applying the model approval marking, in conditions laid down by specific regulations. Where some conditionings are imposed by the model approval certificate, the manufacturer or his authorized representative, the importer, the holder of a measuring instrument, as the case may be, shall comply with and bring in full knowledge customers these conditionings. " 8. Letters f) and g) of Article 29 shall read as follows: " f) non-compliance with 23 23 para. 1 and 3, with contravention fine from 100,000,000 lei to 200,000,000 lei; g) non-compliance with 23 23 para. 4, with contravention fine from 50,000,000 lei to 100,000,000 lei and restriction/suspension or withdrawal of authorization/opinion, as the case may be, according to the provisions of legal metrology instructions; " + Article II Government Ordinance no. 20/1992 , approved with modifications by Law no. 11/1994 , with subsequent amendments and completions, as well as with the amendments made by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Senate at the meeting of 17 December 2003, in compliance with the provisions of art. 76 76 para. (2) of the Romanian Constitution, republished. p. SENATE PRESIDENT, DORU IOAN TARACILA This law was adopted by the Chamber of Deputies at the meeting of March 16, 2004, in compliance with the provisions of 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALER DORNEANU ---------