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 transposing 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 metrological control phases referred to in Article 4 (1) of Directive 2004 /22/EC. the approval of a model and a primitive verification, in the instruments subject to national specific regulations, to the system of conformity assessment which is regulated in the said Directive, and also to the development of the control phases Metrology related to periodic verification and after repair, phases which are not covered by Community legislation.

According to all this, this order is intended to regulate the State's metrological control over the instruments intended to measure the emissions of the exhaust gases used for inspection and maintenance. professional motor vehicles in circulation equipped with spark ignition engines (petrol), called exhaust gas analyzers, in their verification phases after repair or modification and periodic verification.

Additionally, the technical contents established in the day are modified according to the experience gained from its application and the technological evolution that the instrument has experienced since its last regulation. In particular, the technical annex corresponding to the standard UNE 82501 is adapted.

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 on technical standards and regulations, provided for in Directive 98 /34/EC of the European Parliament and of the Council of 22 June, as amended by the Directive 98 /48/EC of 20 July, as well as Royal Decree 1337/1999 of 31 July, 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 State's metrological control over the instruments intended to measure the emissions of the exhaust gases used in the inspection and professional maintenance of the motor vehicles in circulation equipped with spark-ignition (petrol) engines, hereinafter referred to as exhaust gas analysers, which serve to determine the volume fractions of the specified components of the gas The following escape: carbon monoxide (CO), carbon dioxide (CO₂), oxygen (O₂ ) and hydrocarbons (HC).

Article 2. Metrological control phases.

The State's metrological control over the exhaust gas analyzers defined in Article 1 of this order is the one that is regulated in Chapter III of Royal Decree 889/2006 of 21 July, which regulates the control of the State petrologic on measuring instruments, referred to in the instrument phase in service and includes verification after repair or modification, and periodic verification.

CHAPTER II

Verification after repair or modification

Article 3. 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 may be carried out in a laboratory or in the place of use, which are intended to check and confirm that an exhaust gas analyser 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 4. Performances of the repairers.

The repair or modification of the exhaust gas analyzers can only be performed by a person or entity registered in the Metrological Control Registry, as established in Royal Decree 889/2006, of 21 of July.

All the actions performed by an authorized repairer will be documented in a work part, in a self-copying diptych format. The first sheet shall be held by the repairer and the second sheet, held by the holder of the exhaust gas analyser, both at the disposal of the competent authority and of the approved inspection bodies, at least during a the minimum period of two years since the intervention was carried out.

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

The repairer that has repaired or modified an exhaust gas analyser, after checking the correct operation, shall adjust the errors to zero with the least possible tolerance of its equipment and instruments.

Article 5. Bound subjects and requests.

The operator of the exhaust gas analyser shall communicate to the competent public authority its repair or modification, indicating the object of the exhaust gas analyser and specifying the substituted elements, if any, and the adjustments and controls carried out. Before you are put into service, you will need to request verification.

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

Once the application for verification of an exhaust gas analyser has been submitted after repair or modification, the competent public administration or the authorised metrological verification body shall have a maximum period of 30 days to proceed with verification.

Article 6. Testing and execution.

The exhaust gas analyser shall pass an administrative examination, consisting of the complete identification of the instrument and the verification that it meets the requirements required to be legally in service. It shall be carried out on the basis of the information provided by the applicant in the identification bulletin set out in Annex I. It shall be verified in particular that the instrument has the declaration of conformity or, where appropriate, the approval of the model, and corresponding markings according to the applicable legislation and that the nameplate meets the requirements stated in each case.

The tests to be performed on the verification after repair or modification shall be as set out in Annex II of this order.

Article 7. Maximum errors allowed.

The maximum errors allowed in the verification after repair or modification shall be as set out in Annex II.

Article 8. Compliance.

The verification phase after repair or modification shall be exceeded, the conformity of the exhaust gas analyser shall be recorded in order to perform its function, by means of the adhesion of a label in a visible place of the a verified instrument, which shall meet the characteristics and requirements set out in Annex I to Royal Decree 889/2006 of 21 July 2006, specifying the type of instrument concerned. The relevant verification certificate shall also be issued and the verifier shall reseal the instrument.

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

Article 9. Not exceeding verification.

When an exhaust gas analyser does not exceed the verification after repair or modification, it shall be put out of service until the deficiency that has prevented it from being exceeded is remedied. This circumstance shall be made 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 type of 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.

CHAPTER III

Periodic Verification

Article 10. 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, which can be carried out in a laboratory or at the place of use of the exhaust gas analyser, which is intended to check and confirm that such an instrument of measurement in service has maintained since its last verification the metrological characteristics of the application, in particular as regards the maximum permissible errors, as well as the functioning of the to its design and in accordance with its specific regulations and, where appropriate, the approved design or model.

Article 11. Bound subjects and requests.

The holders of exhaust gas analyzers in service shall be required to apply annually for the periodic verification of the exhaust gas analyzers, and their use shall be prohibited in the event that this control phase is not exceeded. metrological.

The application for verification shall be accompanied by the identification bulletin set out in Annex I.

Article 12. Testing and execution.

1. The exhaust gas analyser shall pass an administrative examination consisting of the complete identification of the instrument and the verification that the instrument meets the requirements required to be legally in service. It shall be carried out on the basis of the information provided by the applicant in the identification bulletin set out in Annex I. It shall be verified in particular that the instrument has the declaration of conformity or, where appropriate, the approval of the model and the corresponding markings in accordance with the applicable legislation and that the nameplate meets the requirements set out in UNE 82501 in force.

2. The tests to be carried out on periodic verification shall be as set out in Annex II to this order.

Article 13. Maximum errors allowed.

The maximum errors allowed in the periodic verification shall be those indicated in Annex II of this order.

Article 14. Compliance.

The periodic verification phase shall be exceeded, the conformity of the exhaust gas analyser shall be recorded in order to perform its function, by the adhesion of a label in a visible place of the verified instrument, which shall to meet the characteristics and requirements set out in Annex I to Royal Decree 889/2006 of 21 July 2006, specifying the type of instrument concerned. The corresponding certificate of verification shall also be issued.

Article 15. Not exceeding verification.

When an exhaust gas analyser does not exceed the periodic verification, it shall be put out of service until the deficiency that has prevented it from being exceeded is remedied. This circumstance shall be made 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 type of 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.

The exhaust gas analysers which are in service at the entry into force of this order may continue to be used provided that they successfully exceed the stage of metrological control set out in Chapter III. precedent, referred to periodic verification.

The exhaust gas analyzers that are in service to the entry into force of this order and which have not been subjected to the metrological control according to the Order of the Ministry of Public Works of 15 April 1998, by the the State's petrological control over instruments intended to measure emissions of exhaust gases from vehicles equipped with spark-ignition engines (petrol) is regulated, and the models of which comply with the technical rules, Rules or procedures as set out in Royal Decree 889/2006 of 21 July 2006 will have to be Metrological control as set out in Chapter III of this order before 1 January 2008.

Single repeal provision. Regulatory repeal.

The Order of the Ministry of Public Works of 15 April 1998 is hereby repealed, regulating the State's metrological control over the instruments intended to measure the emissions of the exhaust gases of vehicles. equipped with spark ignition (petrol) engines.

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 Royal Decree 889/2006 of 21 July 2006, 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, Legal Regime of the Public Administrations and the Common Administrative Procedure and in 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 in the Annexes to this order, by means of a resolution and a report of the High Council of Metrology, any amendments of a technical nature to the keep their content adapted to the technical 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

Exhaust Gas Analyzers Identification (s) Bulletin

ANNEX II

Exhaust Gas Analyser Verification Requirements

Tests:

The tests to be performed on the verification of exhaust gas analyzers shall be as follows and described in the corresponding paragraphs of Standard UNE 82501 in force. All tests shall be carried out under nominal operating conditions as set out in that standard and in Annex XIV to Royal Decree 889/2006 of 21 July 2006.

Calibration curve.

Warming time.

Response time.

Low flow.

Leaks.

HC waste.

The volume fractions to be used for the tests shall be as recommended in the corresponding paragraphs of the UNE 82501 standard in force, except for the response time and low flow tests for The following volume fractions shall be used:

CO: 0.5% vol.

CO₂: 14% vol.

Or₂: 0% vol.

HC: 100 ppm vol.

Maximum errors allowed:

Maximum errors allowed for the verification of exhaust gas analyzers shall be those indicated as maximum permissible errors for primitive verification in UNE 82501 Standard in force