Law 3/1985, of 18 March, of Metrology, establishes the legal regime of the metrological activity in Spain, regime to which they must submit in defense of the safety, the protection of the health and the economic interests of consumers and users, the measuring instruments, under the conditions to be determined. This law was subsequently developed by various norms of metrological content, among which is the Royal Decree 889/2006, of July 21, which regulates the metrological control of the State on measuring instruments.

The Royal Decree transpose into national law Directive 2004 /22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments, while adapting the phases of metrological control referred to above. to the approval of a model and a primitive verification, in the instruments subject to national specific regulations, to the system of conformity assessment that is regulated in the said Directive, also addressing the development of the phases of metrological control corresponding to the periodic verification and after repair, phases which are not covered by Community legislation.

From the above it follows the need for, from the metrological point of view, the requirements that these instruments must meet to overcome the metrological control of the State and to be able to be used to ensure the correct operation of the recreational machines with strict compliance with the metrological requirements.

For the elaboration of the order, the autonomous communities have been consulted and the mandatory hearing has been carried out for the interested parties. He has also favourably reported the Metrology Board.

This provision has been submitted to the procedure for information in the field of technical standards and regulations, provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June a procedure for the provision of information in the field of technical standards and regulations, as amended by Directive 98 /48/EC of 20 July amending Directive 98 /34/EC laying down a procedure for the provision of information in the field of standards and technical regulations, as well as in Royal Decree 1337/1999 of 31 July, for which the regulates the referral of information in the field of technical standards and regulations and regulations relating to the services of the information society, which incorporates both directives into the Spanish legal order.

In its virtue, I have:

CHAPTER I

General provisions

Article 1. Object.

The purpose of this order is to regulate the metrological control of the State on the meters incorporated in the recreational and random machines of type "B" and "C", hereinafter referred to as "machine counters". recreational " as well as their complementary devices

Article 2. Phases of Metrological Control.

1. The metrological control of the State established in this order is the one that is regulated in Chapters II and III of Royal Decree 889/2006 of 21 July, which regulates the metrological control of the State on measuring instruments, which refer to, respectively, at the marketing and putting into service stages and in the service instruments, of the measuring devices referred to in Article 1 of this order, referred to in Article 1.

2. The control referred to in Chapter II shall be carried out in accordance with the conformity assessment procedures laid down in Article 6 and Annex III to Royal Decree 889/2006 of 21 July 2006.

3. Controls on instruments that are already in service will include both after-repair or modification verification and the periodic verification of those instruments.

CHAPTER II

Marketing and commissioning phase

Article 3. Essential, metrological and technical requirements.

The essential requirements for recreational machine counters are those set out in Annex I of this order.

Article 4. Modules for conformity assessment.

1. The module to be used to carry out the conformity assessment of the instruments referred to in Article 1 of this order shall be the A1, the declaration of conformity based on the internal manufacturing control plus the tests on the product by a body, which is regulated in Article 6 (2) and Annex III to Royal Decree 889/2006 of 21 July 2006.

2. Conformity with the essential metrological and technical requirements laid down in Article 3 of this order is assumed for those counters of recreational machines from other Member States of the European Union and Turkey or originating in other States which are signatories to the Agreement on the European Economic Area, which comply with the technical standards, rules or procedures legally established in those States, or have received a certificate from these bodies, provided that where the levels of accuracy, safety, suitability and suitability are equivalent to the required in this order.

3. The competent public administration may request the necessary documentation to determine the equivalence referred to in the preceding paragraph. Where the non-compliance with the essential, technical and metrological requirements is established, the competent public administration may prevent the placing on the market and service of the counters.

CHAPTER III

Verification after repair or modification

Article 5. Definition.

It is understood by verification after repair or modification, in accordance with the provisions of Article 2 (z) of Royal Decree 889/2006, of July 21, the set of administrative, visual and technical examinations which can be carried out in a laboratory or in the place of use, which are intended to check and confirm that the counter of the recreational machines in service maintains, after a repair or modification requiring the breaking of seals, the metrological characteristics which are applicable to it, in particular as regards errors maximum permitted, as well as operating in accordance with their design and in accordance with their specific regulations and, where applicable, the approved design or model.

Article 6. Performances of the repairers.

1. All the actions performed by an authorized repairer will be documented in a work part, in a self-copying diptych format. The first sheet of the part shall be held by the repairer and the second sheet, held by the holder of the recreational machine, both at the disposal of the competent authority and of the approved inspection bodies for a minimum period of time. of two years since the intervention was performed.

2. The nature of the repair, the substituted elements, the date of the action, the number with which the repairer who has made the repair is registered in the Register of Metrological Control, the identification of the person who has made the repair or modification, his signature and the stamp of the repair entity. The description of the operations carried out shall be sufficiently detailed so that their scope can be assessed by the competent authority.

Article 7. Bound subjects and requests.

1. The holder of the recreational machine shall communicate to the competent public authority the repair or modification of the counter, indicating the object of the counter and specifying which are the substituted elements, if any, and the adjustments and checks carried out. Before you are put into service, you will need to request verification.

2. The application for verification shall be accompanied by the bulletin set out in Annex III of this order.

3. Once the application for verification of an accountant has been submitted after its repair or modification, the competent public administration or the approved body of verification shall have a maximum period of 30 days to carry out the verification. verification.

Article 8. Testing and execution.

The counter system of the recreational machines must pass an administrative examination, consisting of the complete identification of the same and the verification that it meets the requirements required to be legally in service. This examination shall be carried out on the basis of the information provided by the applicant in the identification bulletin set out in Annex III of this order.

The tests to be carried out after repair or modification shall consist of checking the correct installation and adjustment of the instrument in such a way as to maintain the essential metrological and technical requirements to which refers to Annex I of this order.

Article 9. Maximum errors allowed.

The maximum errors allowed in the verification after repair or modification shall be as specified in Annex II of this order.

Article 10. Compliance.

1. After the verification phase after repair or modification, the conformity of the counter of the recreational machines shall be recorded in order to perform its function, by the adhesion of a label in a visible place of the verified instrument, which must meet the characteristics and requirements set out in Annex I to Royal Decree 889/2006 of 21 July 2006, specifying in the instrument class in question the corresponding certificate of verification shall also be issued and the verifier shall reseal the instrument.

2. Verification after repair or modification shall have periodic verification effects with respect to the calculation of the time limit for your application.

Article 11. Not exceeding verification.

When a counter of recreational machines does not exceed the verification after repair or modification must be put out of service until the deficiency that has prevented the overcoming is remedied. This circumstance shall be made by means of a label of disablement of use, situated in a visible place of the instrument, the characteristics of which are set out in Annex I to Royal Decree 889/2006 of 21 July 2006, specifying the type of instrument in question. In the event that such a deficiency is not remedied, appropriate measures shall be taken to ensure that it is definitively withdrawn from the service.

CHAPTER IV

Periodic Verification

Article 12. Definition.

It is understood by periodic verification, in accordance with the provisions of Article 2 (aa) of Royal Decree 889/2006, of July 21, the set of administrative, visual and technical examinations that can be carried out in a laboratory or in the place of use, which are intended to check and confirm that a counter system of recreational machines in service has maintained since its last verification the metrological characteristics applicable to it, in particular in respect of the maximum permissible errors, as well as operating in accordance with their design and is in accordance with its specific regulations and, where applicable, the approved design or model.

Article 13. Bound subjects and requests.

1. The holders of recreational machines in service shall be required to apply every four years for the periodic verification of the system's counter systems, and their use shall be prohibited in the event that this control phase is not exceeded. metrological.

2. The application for verification shall be accompanied by the bulletin set out in Annex III of this order.

Article 14. Testing and execution.

1. The counter system of recreational machines shall pass an administrative examination, consisting of the complete identification of the system and the verification that it meets the requirements required to be legally in service. This examination shall be carried out on the basis of the information provided by the applicant in the identification bulletin set out in Annex III to this order. It shall be determined in particular that the instrument has the declaration of conformity, or, where appropriate, the approval of the model, as well as the corresponding markings.

2. The tests to be carried out on the periodic verification shall be to check the correct installation and adjustment of the instrument in a way that maintains the essential metrological and technical requirements referred to in Annex I of this order.

Article 15. Maximum errors allowed.

The percentage of faults in the indications governed by the recreational machine counter at the periodic verification shall not exceed the one set out in Annex II of this order.

Article 16. Compliance.

The periodic verification phase shall be exceeded, the conformity of the counter system of recreational machines shall be recorded to carry out the measurements of its purpose, by means of the adhesion, in the visible place of the instrument, of a verification label which shall meet the characteristics and requirements set out in Annex I to Royal Decree 889/2006 of 21 July 2006 specifying the instrument or installation in question. The corresponding certificate of verification shall also be issued.

Article 17. Not exceeding verification.

When a counter system of recreational machines does not exceed the periodic verification it must be put out of service until the deficiency that has prevented the overcoming is remedied. This circumstance shall be indicated by means of a disable label for use, the characteristics of which are set out in Annex I to Royal Decree 889/2006 of 21 July 2006, specifying the instrument concerned. In the event that such a deficiency is not remedied, appropriate measures shall be taken to ensure that it is definitively withdrawn from the service.

Single transient arrangement. Instruments in service.

Recreational machine counters which are already in service at the entry into force of this order may continue to be used as long as they exceed the periodic verification regulated in Chapter IV of this Regulation. order.

Single repeal provision. Regulatory repeal.

The Order of the Ministry of Public Works of 31 July 2000 is hereby repealed, regulating the State's metrological control over the meters incorporated in the recreational and random machines of the types "B" and "C", regulated by the Regulation adopted by Royal Decree 2110/1998 of 2 October 1998.

Final disposition first. Competence title.

This order is dictated by the provisions of article 149.1.12. of the Constitution, which attributes to the State, as exclusive competence, the legislation of weights and measures.

Final disposition second. Applicable rules.

In this order and the royal decree 889/2006 of July 21, the administrative procedures to which the actions regulated in this order will take place, will be governed by the provisions of Law 30/1992, 26 November, the legal system of public administrations and the common administrative procedure and the specific legislation of the competent public administrations.

Final disposition third. Authorization to modify the technical content of the order.

The Secretary-General of Industry is hereby authorized to introduce into the Annexes to this order, by means of a resolution and a report of the Superior Council of Metrology, any amendments of a technical nature to be necessary for keep their content adapted to the innovations that occur.

Final disposition fourth. Entry into force.

This order will take effect the day following your publication in the Official State Gazette.

Madrid, 22 November 2006. -Minister for Industry, Tourism and Trade, Joan Clos i Matheu.

ANNEX I

Essential, metrological and technical requirements

1. Operational Features

The counter, designed to be incorporated into a recreational machine, must be a compact set with warranty of inviolability, suitable for independent testing of the rest of the system and perform at least the following functions:

Detection of suitable electrical impulses and translation, if any, of the same according to the requirements of the counter technology.

Totaling or modifying the status of the counter.

Record or storage of the accumulated data.

The recreational machine counter must operate correctly in a variation of the electrical voltage of ± 5% of the electrical voltage of service.

The recreational machine counter must be insensitive to changes in temperature, different humidity and mechanical and electrical disturbances.

2. Seals

The zone of the machine where the counter is located will be sealed to prevent access from the outside, both to the counter itself, and to the wiring that accesses and exits the counter. If the clamping is done by means of screws, they must also be sealed.

3. Construction

Recreational machine counters shall be constructed in modules and be designed and constructed in such a way that if durability failures arise from the electronic components themselves, they are detected and manifest positions by means of control systems.

4. Protection

Program codes and processor data will be protected by secret algorithm with a virtually unlimited number of combinations. The retention of the information recorded in the absence of a power supply current shall be ensured and when the counter is broken.

The data collection of the counter can be done at all times through a memory reader with direct access to the counter, with independent reading, reserved for the Administration.

The accountant will also have a total number of totalizers, who will exercise the legal control function for tax purposes and prevent possible fraud. In case of disconnection all recorded information shall be kept for at least six years.

5. Mandatory inscriptions

Recreational machine counters must present the following indelible and legible indications after installation on the machine:

a) Name or trademark of the manufacturer.

b) The name of the model, serial n. and year of manufacture.

c) A space for regulatory marking.

6. Optional inscriptions

Recreational machine counters may also bear inscriptions authorized by the competent public authority, provided that such inscriptions do not hinder the reading of the particulars supplied by the competent public authority. instrument.

ANNEX II

Maximum errors allowed

1. Assessment of compliance and verification after repair or modification

The percentage of faults in the indications governed by the recreational machine counter shall not exceed ± 0,01% (1 in 10 000).

Due to the communication system, counter-machine, there must be a two-way automatic device, in order that if any failure occurs, the counter of recreational machines will leave the machine out of service. In this case, the machine will not be able to continue playing without the counter, or with this broken down.

2. Periodic verification

The percentage of faults in the indications governed by the recreational machine counter in the periodic verification shall not exceed ± 0,1% (1 in 1,000).

ANNEX III

Recreational Machine Counters Identification Bulletin