Order Itc/3722/2006, Of 22 November, Which Regulates The Metrological Control Of The State In The Phase Of Instruments In Service On The Instruments For Measuring The Emissions From The Exhaust Gases From Vehicles Equipped With Bike...

Original Language Title: Orden ITC/3722/2006, de 22 de noviembre, por la que se regula el control metrológico del Estado en la fase de instrumentos en servicio sobre los instrumentos destinados a medir las emisiones de los gases de escape de los vehículos equipados con moto...

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Law 3/1985, of 18 March, metrology, establishes the legal regime of the metrological activity in Spain, regime that should be in defense of the safety, health and protection of the economic interests of consumers and users, measurement instruments, under conditions to be determined by regulation. This law was subsequently developed by various rules of metrological content, among which is the Royal Decree 889/2006, of 21 July, which regulates the metrological control of measuring instruments state.

The Royal Decree transposing into domestic law Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments, at the time that suits the phases of metrological control concerning the adoption of model and verification primitive, the instruments subject to specific national regulations, to the system of conformity assessment that is regulated in Directive addressing, in addition, the development of phases of metrological control for periodic verification and after repair, phases which are not regulated in the legislation.

Accordingly, this order is to regulate the metrological control of the State on instruments for measuring emissions of exhaust gases that are used in the inspection and professional maintenance of in-service motor vehicles equipped with spark-ignition engines spark (petrol), so-called analyzers of exhaust gases, periodic checking and verification after repair or modification phases.

Additionally modify the technical contents in his day on the basis of the experience gained from its application and technological evolution that has experienced the instrument since their last regulation. In particular fits the technical annex corresponding to Norm UNE 82501.

For the elaboration of the order the autonomous communities have been consulted and taken the mandatory hearing process to stakeholders. Also it is reported favorably the Superior Council of metrology.

This provision has been subjected to the procedure of information in the field of technical standards and regulations, laid down in Directive 98/34/EC, the European Parliament and the Council, of 22 June, amended by Directive 98/48/EC, of 20 July, as well as in the Royal Decree 1337 / 1999 of 31 July, which incorporates both directives into the Spanish legal system.

By virtue, I have: chapter I General provisions article 1. Object.

Is the subject of this order the regulation of metrological control of the State over the instruments to measure the emissions of exhaust gases that are used in the inspection and professional maintenance of motor vehicles in circulation equipped with spark (gasoline) engines, called hereinafter analyzers exhaust, used to determine the specified components of the exhaust gas following volume fractions : carbon monoxide (CO), carbon dioxide (CO2), oxygen (O2) and hydrocarbons (HC).

Article 2. Phases of metrological control.

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

Chapter II verification after repair or modification article 3. Definition.

Means verification after repair or modification, in accordance with the provisions of paragraph z) article 2 of Royal Decree 889/2006, of July 21, the set of administrative, technical and Visual tests that can be performed in a laboratory or in the place of use, which are intended to verify and confirm an in-service exhaust gas Analyzer keeps After a repair or modification that requires breaking of seals, the metrological characteristics that may be applicable, especially in what refers to the MPEs, as well as operate as designed and is subject to specific regulations and, where appropriate, to design and model approved.

Article 4. Performances of the repairers.

Repair or modification of the single exhaust gas analyzers may be carried out by a person or entity registered in the metrological Control Register, as established in the Royal Decree 889/2006, of 21 July.

All actions performed by an authorized servicer will be documented in a part of paper, carbonless diptych format. The first sheet must be in possession of the reparatory entity and the second, in the possession of the holder of the exhaust gas Analyzer; both, available to the competent authority and the approved bodies of verification, at least for a minimum period of two years since the intervention was carried out.

The nature of the repair, replaced elements, the date of the performance, the number with which the repairman who have carried out the repair is enrolled in the metrological Control record, the identification of the person who has carried out repair or modification, his signature and seal of the reparatory entity must record. The description of operations should detail enough so that its scope can be assessed by the competent authority.

The repairman who has repaired or modified an exhaust gas Analyzer, once proven correct operation adjust errors to zero with the lower tolerance of their equipment and instruments.

Article 5. Obligors and applications.

The holder of the exhaust gas analyzer must report to the competent public administration repair or modification, indicating the same object and specifying which are replaced elements, if any, and the settings and checks carried out. Prior to installation, you must request verification of the same.

The request for verification will be accompanied by the newsletter of identification set out in annex I of this order.

Once filed the request for verification of an exhaust gas Analyzer after repair or modification, the competent public authority or the approved metrological verification body will have a maximum period of 30 days to to its verification.

Article 6. Trials and execution.

Exhaust gas analyzer must pass an exam consisting of the complete identification of the instrument and check that it meets the requirements to be legally in service, administrative. It will be carried out on the basis of the information provided by the applicant in the Bulletin of identification set out in annex I. It must be checked particularly that the instrument has the Declaration of conformity or, where appropriate, approval of model, and the corresponding markings in accordance with the legislation applicable to that plate complies with the requirements indicated in each case.

Trials to perform verification after repair or modification shall be those indicated in annex II of this order.

Article 7. Mpes.

The MPEs in verification after repair or modification shall be those indicated in annex II.

Article 8. Conformity.

Overcome the phase of verification after repair or modification, shall be recorded the conformity of exhaust gas Analyzer to perform its function, through the accession of a label in a visible location on the instrument verified, that it should meet the characteristics and requirements provided for in annex I of Royal Decree 889/2006, of 21 July specifying the same type of instrument in question. It will be issued, also the corresponding verification certificate and the Verifier shall reprecintar the instrument.

The verification after repair or modification will have effects of periodic verification with respect to the computation of the time limit for the application of the same.

Article 9. No overcoming of verification.

When an exhaust gas Analyzer does not exceed the verification after repair or modification must be decommissioned until that is rectified deficiency that prevented the overcoming. It shall keep this circumstance through a label of disqualification of use, whose characteristics are indicated in annex I of Royal Decree 889/2006, of July 21, stating in the same type of instrument concerned. In the case of this deficiency is not rectified appropriate measures shall be taken to ensure that it is permanently removed from service.

Chapter III verification periodic article 10. Definition.

Refers to periodic verification, in accordance with paragraph aa) article 2 of Royal Decree 889/2006, of July 21, the set of administrative, technical, and Visual tests that can be performed in a laboratory or at the place of use of the Analyzer of exhaust gases, which aims to verify and confirm that such an instrument of measurement in service maintained since its last verification the metrological characteristics that may be applicable especially in what refers to the MPEs, as well as that it operates as designed and is subject to specific regulations and, where appropriate, to design or approved model.


Article 11. Obligors and applications.

Holders of gas exhaust in service shall be required to apply annually for the periodic inspection of the same, being prohibited its use in the case that this phase of metrological control is not exceeded.

The request for verification will be accompanied by the newsletter of identification set out in annex I.

Article 12. Trials and execution.

1. the exhaust gas analyzer must pass an examination consisting of the complete identification of the instrument and check that it meets the requirements to be legally in service, administrative. It will be carried out on the basis of the information provided by the applicant in the Bulletin of identification set out in annex I. It must be checked particularly that the instrument has the Declaration of conformity or, in its case, approval of model and corresponding markings in accordance with the legislation applicable to and the type plate complies with the requirements stated in the norm UNE 82501 in force.

2. trials in the periodic verification will be those indicated in annex II of this order.

Article 13. Mpes.

The MPEs in periodic verification will be those indicated in annex II of this order.

Article 14. Conformity.

Overcome the phase of periodic verification, shall contain the conformity of exhaust gas Analyzer to perform its function, through the accession of a label in a visible place of the verified instrument, must meet the characteristics and requirements provided for in annex I of Royal Decree 889/2006, of July 21, stating in the same type of instrument concerned. Corresponding certificate of verification will also be issued.

Article 15. No overcoming of verification.

When an exhaust gas Analyzer does not exceed periodic verification should be decommissioned until that is rectified deficiency that prevented the overcoming. It shall keep this circumstance through a label of disqualification of use, whose characteristics are indicated in annex I of Royal Decree 889/2006, of July 21, stating in the same type of instrument concerned. In the case of this deficiency is not rectified appropriate measures shall be taken to ensure that it is permanently removed from service.

Sole transitional provision. Instruments in service.

Analyzers of exhaust gases that are in service to the entry into force of this order may continue being used whenever successfully overcome the phase of metrological control regulated in chapter III above, referring to the periodic verification.

Analyzers of exhaust gases that are in service to the entry into force of this order, and which had not been subject to metrological control according to the order of the Ministry of public works, of 15 April 1998, which regulates the control petrologic of the State on the instruments to measure the emissions of exhaust gases from vehicles equipped with spark-ignition engines (petrol) spark , and whose models comply with the technical rules, standards or procedures as described in Royal Decree 889/2006, of July 21, must overcome the phase of metrological control regulated in chapter III of this order before January 1, 2008.

Sole repeal provision. Repeal legislation.

The order of the Ministry of development, of 15 April 1998, which regulates the metrological control of the State over the instruments to measure the emissions of exhaust gases from vehicles equipped with spark-ignition engines (petrol) spark is repealed.

First final provision. Skill-related title.

This order is issued under cover of the provisions of article 149.1.12. ª of the Constitution, which attributes to the State, as exclusive jurisdiction, of weights and measures legislation.

Second final provision. Applicable regulations.

In matters not particularly provided in this order and the Royal Decree 889/2006, of July 21, administrative procedures to give place the activities regulated by this order, shall be governed by the provisions of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and the competent public administrations-specific legislation.

Third final provision. Authorization for the modification of the technical content of the order.

The Secretary General of industry is authorized to enter in the annexes of the present order, through resolution and report of the Superior Council of metrology, modifications of a technical nature are accurate to keep adapted its content to the technical innovations that occur.

Fourth final provision. Entry into force.

This order shall enter into force the day following its publication in the official bulletin of the State.

Madrid, November 22, 2006.-the Minister of industry, tourism and trade Joan Clos i Matheu.

Annex I Bulletin of identification of gas exhaust annex II requirements for the verification of testing exhaust gas analysers: trials in the verification of exhaust gas analyzers will be indicated below and are described in the corresponding sections of the standard UNE 82501 in force. All the tests shall be performed under nominal operating conditions indicated in this standard and in annex XIV of the Royal Decree 889/2006, of 21 July.

Calibration curve.

Warm-up time.

Response time.

Low flow.

Leaks.

HC residues.

The volume fractions to be used for the trials will be recommended in the corresponding sections of the standard UNE 82501 in force, except for the testing of response time and low flow which will be used for the following fractions in volume: CO: 0,5% vol.

CO2: 14% vol.

O2: 0% vol.

HC: 100 ppm vol.

MPEs: the maximum permissible errors for the verification of exhaust gas analyzers will be indicated as maximum permissible errors for the primitive verification in the norm UNE 82501 in force

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