Law 25/2009, of 22 December, amending various laws for its adaptation to the Law on the free access to services activities and its exercise transpose Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market and amending Articles 7, 8 and 7 (3) (c) of Law 3/1985 of 18 March 1985 on Metrology.

Consequently, it is necessary to amend Royal Decree 889/2006 of 21 July, which regulates the metrological control of the State on measuring instruments.

This royal decree consists of a single article, which modifies a limited number of articles and two final provisions of the current Royal Decree 889/2006, of July 21.

Paragraphs 1 to 6, 8 and 9 of the single article are limited to the coherence of the numerical or alphabetic references contained in the amendment of Law 3/1985 of 18 March of Metrology, carried out by the Law 25/2009, of 22 December, amending various laws for its adaptation to the Law on the free access to the activities of services and their exercise.

Paragraph 7 of the single article gives a new wording to Article 15 of the royal decree and adds a mandate to the competent authorities in the execution of the State's metrological control to supply the repairers of instruments, without limitation or restriction, incompatible with the principles of free access to the market for services, the standard seals necessary for the exercise of their business. The content of the responsible statement and the ability of the competent authorities to regulate their format is also established.

Paragraphs 10 to 14 amend or rewording respectively Articles 21, 22, 23, 25 and 27 by adapting the operation of the Metrological Control Register to the principles laid down in Law 25/2009, 22 of December, to amend various laws for their adaptation to the Law on free access to services and their exercise.

Paragraph 15, which amends Article 34, adapts the sanctioning regime to the new situation created after the modification of the Metrology Law.

Paragraph 16, which amends Annex I, sets out the principles for the identification of seals for their correct intelligibility throughout Spain.

Finally, the single transitional provision provides for the time needed to allow the competent authorities to regulate and facilitate the effective provision of the seals used by repairers.

The project of this royal decree was favorably informed by the Superior Council of Metrology.

This royal decree is issued under article 149.1.12 of the Constitution and has been submitted to the hearing procedure prescribed by Law 50/1997 of 27 November of the Government.

In its virtue, on the proposal of the Minister of Industry Tourism and Trade, with the prior approval of the Minister of the Presidency, in agreement with the Council of State and after deliberation of the Council of Ministers, in its meeting of the day 19 March 2010,

DISPONGO:

Single item. Amendment of Royal Decree 889/2006 of 21 July 2006 regulating the metrological control of the State on measuring instruments.

The Royal Decree 889/2006 of 21 July, which regulates the metrological control of the State on measuring instruments, is amended as follows:

One. The tenth paragraph of the preamble is worded as follows:

"The phases of the metrological control of the State referred to in the seventh article of Law 3/1985, of Metrology, are developed in this royal decree and apply to the totality of regulated instruments."

Two. Article 2 (q) is amended as follows:

"q)" authorised metrological verification body ", entity, public or private, designated by a Spanish competent public authority, for the performance and issuance of appropriate certifications relating to the metrological checks as determined in the second subparagraph of Article 7 (2) of Law 3/1985 of 18 March of Metrology. '

Three. Article 2 (u) is amended as follows:

"(u)" repairer " means any natural or legal person responsible for the repair or modification of a measuring instrument, registered in the Register of Metrological Control by a competent public administration, in accordance with the set out in Chapter V. '

Four. Article 3.1 is worded as follows:

" 1. The purpose of this Chapter is to regulate the phase of conformity assessment for the purposes of placing on the market and putting into service the instruments of measurement subject to specific regulatory control of the State, in accordance with the provisions of Article septimo.2 of Law 3/1985, of 18 March, of Metrology. "

Five. Article 11 (1) is amended as follows:

" 1. The purpose of this chapter is to regulate the state of the metrological control of the State of the measuring instruments in service, in accordance with the provisions of Article septimo.2 of Law 3/1985 of 18 March of Metrology. "

Six. Article 11 (3) is also amended, the wording of which shall be as follows:

" 3. For the purposes of the application of the provisions of this Chapter, the instruments of measurement in service, subject to the metrological control of the State by specific regulation, shall be subject to verification after repair or modification or periodic verification, as appropriate, in accordance with the provisions of Article septimo.2 of Law 3/1985, of 18 March, of Metrology. "

Seven. Article 13.3 is worded as follows:

" 3. The competent public authorities may designate, in the scheme they deem appropriate in accordance with their powers, authorised metrological verification bodies which shall be responsible for the implementation of the activities related to the verification procedures, in application of the national specific regulation referred to for the stage referred to in Article 11 (3) of this Royal Decree. "

Eight. The wording of Article 15 becomes the following:

" Article 15. Repairers.

1. The repair or modification of the measuring instruments subject to metrological control of the State shall be carried out by the persons or entities which have submitted the responsible declaration provided for in Article 8 (2) of the Law. 3/1985, of March 18, of Metrology. The presentation of the responsible declaration for repair entities established in another Member State which provides their services under the freedom to provide services on Spanish territory shall not be required.

2. Persons or entities that have repaired or modified a measuring instrument, having checked their correct operation by adjusting to zero the error of the instrument and checking that the results of their measurements are within the Maximum permitted errors shall be subject to the rules laid down in Regulation (EU) No. 62014 and (EU) Regulation (EU) No. 62014 of the European Union and of the European

.

3. The competent public authorities shall regulate the procedure for the issue and supply to the repairers of the seals referred to in the previous paragraph. Its characteristics and codification, for the purposes of its standardisation, shall comply with the provisions set out in Annex I to this royal decree.

4. The competent public authorities shall regulate and make available to service providers the format and content of the responsible declaration referred to in paragraph 1 above. The responsible declaration shall contain the information referred to in Article 23 (3), the declaration on the availability of the means and the technical knowledge established, the commitment to the use of the regulated technical procedures and, where appropriate, the applicable technical standards as well as the express acceptance of the repairer of acting on the instruments with probity and respect for the rules of State metrological control and good (a) no evidence of compliance with the requirements may be required; requirements along with the responsible statement. However, this documentation shall be available for submission to the competent public administration when required to do so.

The competent public administration should make it possible for the responsible declaration to be made electronically. "

Nine. Article 17.1 is amended as follows:

" 1. The surveillance and inspection referred to in Article 7 (4) of Law 3/1985 of 18 March of Metrology shall be aimed at verifying that in the manufacture, placing on the market, putting into service and use of a measuring instrument, met the requirements laid down in this royal decree and in the applicable specific regulations. "

Ten. Article 19.2 is worded as follows:

" 2. Public administrations in their field of competence are responsible for the designation of the authorised metrological verification bodies which they consider necessary to carry out the action on the measuring instruments in the the service relating to the stage of metrological control referred to in Article 7 (2) of Law 3/1985 of 18 March of Metrology, to the effect of which, after compliance with the requirements laid down in Annex II, has been established, issue the appropriate resolution of the designation of the body, establishing its composition, the activities to be carried out in the field of metrological control of the State and the instruments in which it can act, informing the Agency of Administrative Cooperation. '

Once. Article 21.1.a is amended as follows:

"(a) Data relating to natural or legal persons acting in the field of State metrological control, as laid down in Article 8 of Law 3/1985, of 18 March, of Metrology."

Twelve. Article 22.3 is worded as follows:

" 3. Natural or legal persons who repair measuring instruments subject to the State's metrological control shall be registered on the Register of Metrological Control by the competent services of the autonomous community in which they initiate their activity on the basis of the responsible statement submitted. Additionally, the competent services of the autonomous community may incorporate data from other sources into the Metrological Control Registry. "

Thirteen. The following new wording is given to Article 23:

" Article 23. Data is entered.

1. The following information shall be entered in the Register of Metrological Control in relation to the natural or legal persons referred to in paragraph 1 of this Article, at least the following information:

a) Name and surname or social reason if you were a legal person.

b) Nationality and domicile.

c) Number of national identity card, tax identification number or equivalent documents.

d) Address and location of their establishments.

e) Types of instruments subject to the metrological control of the State which manufactures, imports or markets.

2. The data to be entered in the Register of Metrological Control, in relation to the natural or legal persons referred to in paragraph 2 of the preceding Article, shall be at least the following:

a) Name and surname or social reason if you were a legal person.

b) Nationality and domicile.

c) The assigned identification number for the actions.

d) Number of national identity card, tax identification number or equivalent documents.

e) Address and location of their establishments.

f) Scope of the designation.

3. The following information shall be entered in the Register of Metrological Control in relation to the natural or legal persons referred to in paragraph 3 of this Article at least the following information:

a) Name and surname or social reason if you were a legal person.

b) Nationality and domicile.

c) Number of national identity card, tax identification number or equivalent documents.

d) Address and location of their establishments.

(e) Types of instruments subject to the metrological control of the State that repairs. "

Fourteen. Article 25 (3) and (4) are worded as follows:

" 3. In the case of repairers of measuring instruments, the competent public administration shall assign an identification number, in the format laid down in Annex XV (3), to be used by the repairer in all the Member States. documents issued as a result of their interventions. Until such time has been assigned to you, you must enter your national identity card number or tax identification number or equivalent document entered in the responsible statement you have submitted.

4. The period of validity of the registrations shall be indefinite. The competent public authorities shall regularly ensure, at the latest every two years, the maintenance of the conditions which gave rise to the registration. '

Fifteen. Article 27 is worded as follows:

" Article 27. Modification of data and casualties.

Changes or changes in the circumstances for registration in the Metrological Control Register, as well as the cessation of the activity, must be communicated to the public administration that made the registration in order to to determine whether or not to incorporate it, by communicating it, to the Spanish Metrology Center in order to keep the Metrological Control Registry up to date.

For each subsequent registration, an additional registration certificate will be issued with the same assigned registration number, which will be added to the ordinal that will correspond to it, as long as the economic operator do not extend your activity to another sector. "

Sixteen. Article 33 (2) is amended as follows:

" 2. Amend or breach non-essential conditions or requirements which resulted in the granting of the necessary administrative authorisations or ratings to support the manufacture, marketing, repair, modification, or use of the measuring instruments. Modify or breach non-essential conditions or requirements that are stated in the pre-performance declaration as a repairer. "

seventeen. Article 34 is worded as follows:

" Article 34. Serious infringements.

These are serious violations:

1. The obstruction of the inspection measures of metrological control and the unjustified refusal or resistance to exhibit or to provide to the same instruments, documents or data that those who claim in the exercise of their inspector function.

2. To place on the market or use instruments which, while subject to specific regulation of the State's metrological control in the stages specified in Chapters II and III, have not exceeded those stages, with the exception of those referred to in the Article 8.3.

3. Keep an instrument in service, without the regulations established.

4. The use of a measuring instrument when its errors exceed regulatory limits.

5. Use units of measure different from those laid down in the second article of Law 3/1985, of March 18, of Metrology, and provisions that develop it.

6. Failure to comply with the requirements set out in Annex II, concerning notified bodies, metrological control and metrological verification and non-information to the competent public authority designated by it, of any modification that might affect them.

7. Lack of the patterns that have been established as mandatory, or possess them without the traceability required to guarantee their reliability and refuse, without justified cause, to provide them to those users who request to make regulatory use of them.

8. The false origin or survening in the data contained in the communication or responsible declaration as well as the non-compliance with the obligations referred to in Article 27 of the present royal decree.

9. Improper affixing of CE marking and additional marking of metrology or a national marking, as well as the use of markings or labels with non-regulatory designs or which lead to confusion.

10. Issuing certificates or reports whose content does not conform to the reality of the facts.

11. The verifications, checks, tests or tests carried out by the notified bodies, metrological control, and authorized metrological verification, incompletely or with inaccurate results due to insufficient verification of the facts or because of the poor application of technical standards.

12. Failure by the repairers of measuring instruments, of the obligations related to the presentation of the responsible declaration in the Metrological Control Register, as well as of any other that has been imposed on them by the Law 3/1985, of March 18, of Metrology, and the provisions that develop it.

13. The biased adjustment of the errors of the instruments after repair or modification is maintained within the maximum permissible errors.

14. The use of technical procedures contrary to regulations and the lifting of seals or seals at times or with means that are not regulated by law.

15. The delivery of seals by those who have the legitimacy to place them in other unauthorized persons for use.

16. It is considered a serious infringement of the recidivism in the light of the minor fault for which it was sanctioned within two years before the commission of the same. "

Eighteen. Article 35 (1) is amended as follows:

" 1. Carry out activities from among those regulated by this royal decree on measuring instruments submitted to the State's metrological control, without having obtained the corresponding administrative appointments and ratings or without having presented, in the case of repairers, the declaration responsible prior to their activity. "

nineteen. The title of Annex I is amended as follows:

"Identification of markings, record of metrological control and seals"

Twenty. Under the heading 'Identification of seals', a paragraph 17 is added to Annex I. Its wording is as follows:

" Seal Identification

17. The seals to be used when provided for in the regulations which are applicable for the exercise of the State's metrological control shall incorporate an identification number with the following format:

-Y-NNNNNNNN

where:

"XX" represent the two digits that identify the competent public administration, in accordance with the identification code list contained in Annex I.

"Y" is the letter that serves to identify the activity sector, according to the identification codes listed in Annex I.

"NNNNNNNN" are the digits or letters corresponding to the identification of the seal. They may have the length that each competent public administration establishes.

In the case of sealed sausages, electronic or any other type that technically prevent the incorporation of the above identification, they must be identified by a code compatible with the type the seal to be used, which shall be linked, in the document certifying the performance of repair or modification and sealing carried out, with the identification of the seal established in general in this Annex. '

Single transient arrangement. Seals.

The competent public administrations will have a period of three months, counted from the entry into force of this royal decree, to regulate and ensure the effective provision of the seals referred to by the Article 15 (3) of Royal Decree 889/2006 of 21 July 2006 regulating the metrological control of the State on measuring instruments. During the transitional period the seals to be used must be identified by a code to be linked, in the document certifying the performance of repair or modification and sealing carried out, with the identification of Seal of general character set out in Annex I.

Final disposition first. Competence title.

This royal decree is issued under the provisions of Article 149.1.12. of the Constitution, which gives the State exclusive competence to dictate the legislation on weights and measures.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on March 19, 2010.

JOHN CARLOS R.

The Minister of Industry, Tourism and Trade,

MIGUEL SEBASTIAN GASCON