FELIPE VI

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

More than twenty-five years have passed since the passage of Law 3/1985, of March 18, of Metrology. In this quarter of a century very important events have taken place that have forced successive partial modifications of the text. This law constituted an important normative advance that allowed for the correct development of the scientific metrology and the metrological control of the State. The law also showed great flexibility and a great capacity for adaptation. It is therefore time to enact a new text that will bring coherence to all those changes, facilitate the understanding of citizens, help public administrations in the application of the metrological regulation and promote the free market and technological innovation. All of this based on respect for the virtues of the previous text.

The first partial change came very soon, with the entry of the Kingdom of Spain into what was then called the European Communities. This income was produced with effect from January 1986, very shortly after the law was passed, and it forced its adaptation by the Royal Decree of Law 1296/1986 of 28 June, amending Law 3/1985 of 18 March, and it was adopted establishes the EEC metrological control.

The execution of the State's metrological control was a progressively transferred competition to the Autonomous Communities. The Constitutional Court, through Sentences 100/1991, of 13 May, on the Law of Metrology and 236/1991, of December 12, on the real decrees of the development of the Law of Metrology, established the appropriate clarifications that have After solving the competition problems, there is an important degree of collaboration between the General Administration of the State and the Administrations of the Autonomous Communities.

In the following years a change of philosophy by the European Union in various disciplines and sectors was gradually brought about. One of those affected by these changes in perception was metrology. These changes are referred to in the "new approach" and "global approach" approaches. In the field of metrological field, these approaches were initially substantial in Council Directive 90 /384/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to the weighing instruments of the non-automatic operation, which has subsequently been codified by Directive 2009 /23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments and, after time and with a general character reaching other types of instruments, by Directive 2004 /22/EC of the European Parliament The European Parliament and the Council of 31 March 2004 on measuring instruments. Its transposition into Spanish law was carried out by Royal Decree 889/2006 of 21 July, which regulates the State's metrological control over measuring instruments. This royal decree made compatible the new phase structure of State metrological control by grouping in two ("conformity assessment" and "instruments in service") the pre-existing phases ("model approval" and "primitive verification"). of one part and "periodic verification" and "verification after repair or modification" of another part).

The incorporation into the regulatory framework of the European Union of Directive 2006 /123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market required the adoption of two laws to incorporate their content into Spanish law: Law 17/2009 of 23 November on the free access to and pursuit of the activities of services and, as a consequence and in addition to the previous one, Law 25/2009 of 25 December amendment of various laws for their adaptation to the Law on the free access to the activities of services and their exercise. This last rule, in Article 11, has in turn modified several aspects of the current Metrology Law to bring it into line with Directive 2004 /22/EC and Directive 2006 /123/EC. In particular, Articles 7, 8 and 13 were amended, in which the phases of the State's metrological control, the Metrological Control Register and the regime of infringements were regulated.

The approach of Directive 2006 /123/EC seeks to facilitate the freedom of businesses and citizens to exercise their activities throughout the territorial area of the European Union, under their responsibility, and to abolish numerous prerequisites for private action. This requires the Public Administrations with executive powers to move their actions towards market surveillance.

The new law also incorporates the amendment introduced by Commission Directive 2009 /137/EC of 10 November 2009 amending Directive 2004 /22/EC of the European Parliament and of the Council on the measuring instruments, with regard to the exploitation of the maximum permitted errors set out in the specific Annexes of the instruments MI-001 to MI-005. This amendment was incorporated into our legal order by Royal Decree 1284/2010 of 15 October, amending the Royal Decree 889/2006 of 21 July, which regulates the metrological control of the State in respect of the measuring instruments.

At the scientific level, the regulation of the European Union is based on the Council Directive of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement, which it repealed. Directive 71 /354/EEC, which was subsequently amended by Council Directive 85 /11/EEC of 18 December 1984, Council Directive 89 /617/EEC of 27 November 1989, Directive 1999 /103/EEC of the European Parliament and of the Council of 24 January 2000 and Directive 2009 /3/EEC of the European Parliament and of the Council of 11 March 2000 2009. The latter was transposed into Spanish law by Royal Decree 2032/2009 of 30 December 2009 of units of measure.

Assimilation by the industry of the evolution of science and technology makes it increasingly frequent the use of reference materials in the measurement of various properties of organic and inorganic matter, in which the analytical results are decisive. These reference materials must be produced and certified in a very rigorous way in order to guarantee the measurements which, by comparison with them, are carried out. Its use has been the subject of multiple recommendations from international bodies related to scientific and legal metrology.

Finally, it is important to highlight the importance of the correct application of appropriate technical procedures in the calibration, verification and use of measuring instruments. These procedures can have in themselves as much or more importance as the instruments themselves, so that their incorrect application can make more errors in the measurements than the ones derived from the latter. Therefore, metrology does not only deal with the units of measurement and the instruments with which it is worked, but also, where appropriate, the procedures and best practices that are followed in the use of them.

For the drafting of the text, the criteria of the International Organization for Legal Metrology, of which Spain is a member, have been taken into account, as well as the Resolutions of the General Conference of Pesos and Measures related to the International System (SI) whose last reform comes from the 23rd Conference of the year 2007.

II

This law consists of twenty-six articles, grouped into six chapters, a transitional provision, a derogation provision, and six final provisions.

Chapter I consists of a single article and sets the object of the law.

The units of measure are regulated in accordance with the Resolutions of the General Conference of Pesos and Measures as already established in Law 3/1985, of March 18. Periodically, in accordance with the advances of science, the agreements of the Conference and the Directives of the European Union, this regulation is updated, currently contained in the aforementioned Royal Decree 2032/2009.

Chapter II refers to the legal system of units of measurement. This chapter consists of five articles, 2 to 6, which regulate, respectively, the system and the legal units of measurement; their names, and in the case of time and temperature, scales, symbols and other rules regarding the expression of the units; national patterns and the dissemination of units of measurement; reference materials and, finally, establishes the obligation to use the Legal System of Units of Measure, which is the International System, and which includes not only the definition of the system units, but also their names, scales, symbols, rules of writing, and expression of their values and multiples and submultiples.

Chapter III (Articles 7 to 13) establishes the metrological control of the State by definition of its scope, of the elements that are subject to that control and of the phases it comprises, the surveillance and inspection, the declaration responsible for repairers and for the treatment of modifications and repairs carried out during the lifetime of the instruments subject to the State metrological control and the metrological regulation of pre-packaged products.

Chapter IV is composed of a single article, 14, and refers to the protection of the artistic historical heritage through the appropriate restrictions on the export of instruments and other metrological objects.

Chapter V includes Articles 15 to 19 governing the organization and administrative structure dedicated to metrological control in the field of the General Administration of the State, which will be developed by the Ministry of Industry, Energy and Tourism, taking into account the specific functions of the Higher Council of Metrology (already created by Law 3/1985, of March 18 and whose structure, composition and operation is regulated by the Royal Decree 584/2006, of 12 May), of the Spanish Centre for Metrology (set up in Article 100 of Law 31/1990, of 27 September). In December, the General Budget of the State and whose Statute was approved by Royal Decree 1342/2007, of 11 October, and of the laboratories to the associates. It also provides for the possibility of enabling, by means of administrative authorisation, those who, as designated bodies referred to in Article 19, are involved in the metrological control of the State, is covered by the directives of the European Union and already collected in our order by Royal Decree 889/2006 both in relation to instruments with harmonised regulation and with respect to instruments with national specific regulation.

The sixth and final chapter, consisting of seven articles, from 20 to 26, refers to the regime of infringements and sanctions, taking into account the various amendments of Law 3/1985 and taking into account the distribution of powers in the the matter between the State and the Autonomous Communities. Sanctions are classified in light, severe and very serious. The deadlines for the limitation of infringements and penalties as well as the territorial distribution of sanctioning powers and the corresponding procedure are laid down.

The single transitional provision establishes the mechanism for the adoption of the implementing rules for the empowerment of bodies, the Spanish Metrology Centre and the other designated bodies. carrying out the activities of State metrological control. It also gives sufficient time for the adoption of the necessary measures to ensure the full application of the interterritorial recognition of the designations of bodies.

The only derogating provision leaves the Law 3/1985 of 18 March of Metrology without effect; the Royal Decree of Law 1296/1986 of 28 June, which amends and establishes the EEC metrological control; Article 11 of the Law 25/2009, of 25 December, amending various laws for its adaptation to the Law on the free access to the service activities and its exercise and, finally, Chapter VI of Royal Decree 889/2006, of 21 July, for which the State metrological control over measuring instruments.

The final provision first authorizes the Government to, on a proposal from the Ministry of Industry, Energy and Tourism, dictate the regulatory provisions required for the development of this law and the final disposition. The second authorizes the government to update the amounts of the sanctions set out in Chapter VI.

The fifth final provision refers to the title of competence, and finally, the final provision sixth states that the entry into force of the law will be the day after its publication in the "Official Gazette of the State".

III

Special mention deserves the third final provision, which amends Articles 4.5, 8.11, 13.1.b, 15, 16, 18, 31 and 34.1 of Law 21/1992 of 16 July 1992 on Industry, in order to ensure that products and installations (a) to meet the requirements of a high level of protection of the public interest in areas such as health and safety in general, safety and health at work, consumer protection, protection of the environment, environment and, in particular, industrial safety.

For the Control Bodies, the authorisation regime was maintained in the transposition of Directive 2006 /123/EC by Law 17/2009 of 23 November on the free access to and the activities of services. exercise, and Law 25/2009, of 22 December, amending various laws for their adaptation to the Law on the free access to the activities of services and their exercise. However, the judgment of the Supreme Court of 29 June 2011 declared the inapplicability of the need for administrative authorisation of the Control Bodies to be inapplicable in the absence of the State justifying the concurrence of an overriding reason general interest or which would be obliged to comply with its Community or international obligations.

According to the provisions of Directive 2006 /123/EC of 12 December 2006 on services in the internal market in its considerations 40 and 56 and in Article 4 thereof, and Law 17/2009 of 23 November in Article 3 thereof, (a) of overriding reasons of general need, covering at least the following areas: public policy, public security and public health, consumer protection, protection of workers, animal welfare, prevention of fraud, prevention of unfair competition, protection of the environment and the urban environment and road safety among others. In this respect, it should be noted that the object of industrial security as set out in Article 9 of the current Industry Law is fully in line with the above areas.

On the other hand, the activities and facilities within the scope of this Law are largely governed by Community harmonisation legislation. It is appropriate to mention here Regulation 765/2008 of the European Parliament and of the Council laying down the requirements for accreditation and market surveillance relating to the marketing of products, in particular as regards the accreditation of the conformity assessment bodies. In Spain, the Law of Industry regulates in its Title III, attributing, in matters of industrial safety, the verification to the competent Public Administrations, by themselves, or through the Control Bodies.

In the field of industrial safety, Article 15 regulates these Control Bodies and already establishes with basic character the requirement that they be accredited by a credit institution. By accreditation, technical competence, independence and impartiality are assessed, in a regulated manner, based on clear, objective, unique and non-discriminatory criteria, and is an essential element in making the required requirements for the accreditation of the sole and valid Control Bodies for the entire national territory and valid to any competent authority.

Based on the above, Article 15 establishes general conditions that apply to the activity of the control bodies, providing that the accreditation of technical competence is carried out through a national entity. of accreditation, and that, once it has been obtained, a responsible declaration regime will be sufficient and proportionate.

On the other hand, Judgment 162/2008, of 15 December, of the First Chamber of the Constitutional Court, declared unconstitutional and void article 31.3.a) of Law 21/1992, of July 16, of Industry.

The annulment of Article 31.3.a), which established as a minor infringement the failure to comply with any other prescription not included in the previous paragraphs of Law 21/1992, of 16 July, of Industry, has as a result that for the security breaches detected in the inspections, which are not classified as serious infringements in paragraph 2 of that Article 31, they are currently lacking a proper control and sanction mechanism. In addition, the time since the publication of the Industry Law makes it necessary to adapt the classification of both minor, serious and very serious infringements.

In addition, Articles 8, 13 and 16 should be amended in order to align them with the provisions of Law 20/2013 of 9 December 2013 on the guarantee of the market unit. In particular, Article 8.11 is amended to adapt the definition of accreditation to the definition given by Law 20/2013, a guarantee of the market unit. Article 13.1.b should also be amended in order to remove the term "authorised" for installers or preservatives. Article 16 should also be amended to remove the term "authorised" from the control bodies, replacing it with the term "enabled", and indicate that the supervision of the control bodies will be carried out as set out in the Law 20/2013.

Another of the aims pursued with the amendment of Law 21/1992 is to achieve the objectives of deindexation, so the fifth paragraph of Article 34.1 must be reformed in order to prevent the updating of the amount of the penalties are referenced to the consumer price index.

Finally, Article 18 of the Industry Law, which refers to the Industrial Security Coordination Council, is amended. The operational experience of the Council and its Standing Committee makes it appropriate to amend this Article, in order to make it more operational and efficient, as well as to redefine the functions to be carried out by that Council.

IV

This law is dictated by the provisions of article 149.1.12. of the Constitution, which attributes to the State exclusive competence to dictate the legislation on weights and measures and the determination of the official time.

Article 14 is excluded from the foregoing, which is covered by Article 149.1.28. of the Constitution, which attributes to the State the competence to defend the cultural, artistic and monumental Spanish heritage against export and the spoliation.

The third final provision, which is issued under the provisions of Article 149.1.13. of the Constitution, which attributes to the State the competence on the basis and coordination of the general planning of the economic activity, without prejudice to the powers of the Autonomous Communities in the field of industry.

CHAPTER I

General provisions

Article 1. Object.

The object of this law is the establishment and application of the Legal System of Units of Measure, as well as the fixing of the principles and general rules to which the organization and the regime must conform. legal activity in the metrological activity in Spain.

CHAPTER II

Legal system of units of measure

Article 2. System and legal units of measure.

1. The Legal System of Units of Measure is the International System of Units (SI) adopted by the General Conference of Pesos and Measures in force in the European Union. It includes the definition of the units of the International System and those of authorized use, their names and symbols, their rules of writing, the time and temperature scales and the rules of expression of their values and for the formation of multiples and submultiples. The Legal System of Measure Units is mandatory in Spain.

2. Legal units of measurement are the basic and derived units of the International System of Units.

3. The basic units are:

Magnitude

Power Intensity

mol

mol

name
Length	metro	m
Mase	kg	kg
kg		second
ampere	A
thermodynamic temperature	K
K				mol
candela

4. Derived units are formed from core unit power products.

5. The Government, by means of royal decree, in general or in specific sectors and in accordance with the resolutions of the General Conference of Weights and Measures, may authorize the use of units which, even if not belonging to the International System, can be used in conjunction with the. Similarly, other units of measure may be used, the use of which is provided for by international agreements or agreements linking Spain.

Article 3. Names, symbols, and other rules regarding the expression of the units of measure.

It is up to the Government, by means of royal decree and in accordance with the resolutions of the General Conference of Pesos and Measures and with the rules of the European Union, to establish the definitions of the basic and derived, their names and symbols, from the time and temperature scales, from the rules of writing of the symbols and names of the units and the rules of expression of the values of the magnitudes and for the formation of the multiples and submultiples of the drives.

Article 4. National patterns and dissemination of units of measurement.

1. The collection, conservation, development and dissemination of units of measurement and time and temperature scales is the responsibility of the General Administration of the State and shall be carried out taking into account the scientific recommendations and techniques derived from the international conventions signed by Spain. The official time will be established, by royal decree, with reference to the coordinated universal time scale materialized by the Royal Institute and Observatory of the Navy in San Fernando.

2. In order to comply with the provisions of the preceding paragraph, the organs of the General Administration of the State responsible for metrological matters may conclude cooperation and collaboration agreements with public and private entities, any case for the direction and coordination of the corresponding work.

3. The patterns of the units declared as such, guarded, preserved and maintained by the General Administration of the State, are the national patterns from which all the others are derived. It is up to the Government, by royal decree, to declare the national patterns of the basic units.

4. It is up to the Government, by means of royal decree, to determine the conditions of traceability, accuracy and uncertainty that the measurement patterns and instruments must satisfy in order to obtain the uniformity and credibility of the measurements.

Article 5. Reference materials.

1. Reference materials are sufficiently homogeneous and stable in relation to specified properties, so as to be suitable for use in a measurement or in an examination of qualitative properties. Certified reference materials should always be accompanied by documentation that provides information on one or more values of the specified properties for which their associated uncertainty and traceability is detailed.

2. It is up to the Government, by means of royal decree, to determine the traceability and certification requirements to be met by reference materials in order to obtain the uniformity and credibility of the measurements in which they are used.

Article 6. Using the Unit of Measure Legal System.

1. It is prohibited to use, except in the cases referred to in Article 2.5, units of measure other than legal units for the measure of measures in areas likely to affect the public interest, public health and safety, public order, protection of the environment, economic activity, the protection of consumers and users, the collection of taxes, the calculation of tariffs, charges, administrative penalties, the carrying out of judicial expertise, establishment of the basic guarantees for fair trade and all those activities which are determine on a regulatory basis.

2. The education system shall ensure the teaching of the Legal System of Measurement Units at the appropriate level.

3. There is further indication that an indication expressed in accordance with the Legal System is accompanied by one or more indications expressed in other units. The indication in units of the Legal System must always be predominant and clearly differentiated from the supplementary.

4. By royal decree, it may be required that the measuring instruments contain indications of magnitude in a single unit of legal measure.

CHAPTER III

State metrological control

Article 7. State metrological control.

In accordance with European Union regulations and with the resolutions of the International Organization for Legal Metrology, the State's metrological control is the set of activities that contribute to ensuring certainty and correction of the results of the measurements, regulating the characteristics of the instruments, means, reference materials, measurement systems and software related to the measurement; the appropriate procedures for their use, maintenance, assessment and verification; as well as typology and obligations of the intervening agents.

Article 8. Elements submitted to State metrological control.

1. Instruments, means, reference materials, measurement systems and software used to measure or count and which are used for reasons of public interest, public health and safety, public order, environmental protection, protection or information to consumers and users, collection of taxes, calculation of duties, charges, administrative penalties, conduct of judicial expertise, establishment of basic guarantees for fair trade, and all those which are determined on a regulatory basis, shall be subject to control State metrology in terms to be set out in its specific regulations.

2. Where this is determined in the specific rules of each instrument, the use of control instruments, with metrological characteristics or special verification requirements, which are available to the public for the purpose of the instrument, shall be possible. verification of the measures taken by other instruments located in the same enclosure. In that case they may be extended by their specific rules for periods of periodic verification of the instruments installed in the sphere of influence of the instrument.

3. Where the costs associated with the metrological control of instruments in service are similar or higher than those for the replacement of the instrument, a maximum period of useful life and, or, the prohibition of repair or repair, may be established. modification of the same. An expiry period may also be established for the use of reference materials.

4. The modality and scope of the control applicable in each case, as well as the general principles and rules for the designation and supervision of the agents involved, shall be determined. The methods and procedures for use, adjustment, calibration, assessment and verification may also be determined.

In any event, it will be taken into account that the control measures will have to be proportionate in relation to the public interest pursued, as well as being able to be met in the least expensive way for economic operators.

5. The measures of metrological control carried out by the competent public administration and the regulatory documents issued by a competent authority or, in accordance with the provisions of this law, by the designated agents or bodies which intervene in the metrological control of the State, shall be valid and effective throughout the national territory.

6. They shall have a presumption of accuracy of measurement, unless otherwise specified, measurements made with measuring instruments or systems subject to metrological control of the State which have passed the metrological control phases of the application.

7. The system of marking and sealing of measuring instruments and systems subject to metrological control, which must provide clear and precise information to citizens, consumers and users and to users, will be established. inspection authorities on their conformity assessment and verification status. Seals placed in accordance with applicable regulations shall be valid and effective throughout the national territory.

Article 9. Phases of State metrological control.

1. The control provided for in the previous article comprises the phase of conformity assessment and the metrological control phase of instruments in service.

2. Compliance with the regulatory requirements that instruments, apparatus, media, reference materials and measurement systems must satisfy in their first use is verified in the conformity assessment phase.

3. The metrological control phase of in-service instruments may comprise, as appropriate in each case, verifications after repair, verifications after modification and periodic verifications. The purpose of this phase is to verify and confirm that an instrument or system of measurement in service maintains compliance with regulatory requirements consistent with the originals.

4. Instruments and systems of measurement submitted to State metrological control but not regulated in the metrological control phase of instruments in service shall respect, as long as they continue to be used, the maximum errors permitted in their assessment. of the compliance.

5. The Public Administrations responsible for the implementation of the metrology legislation shall be responsible for the compliance with the provisions of this chapter with regard to State metrological control.

Article 10. Surveillance and inspection.

1. The competent public authorities may at any time by themselves, on their own initiative or at the request of an interested party, verify compliance with the legal and regulatory requirements laid down for the instruments, means, Reference materials, measurement systems and software submitted to State metrological control.

2. Officials who carry out the inspection measures referred to in the preceding paragraph shall have the status of officials of the authority and, as such, in the performance of their duties, may access any facility or office. public or private related to the object of its inspection, while respecting the inviolability of the constitutionally protected domicile.

3. Public entities and private companies are obliged to allow the access of the inspector personnel to the places, vehicles and facilities where the metrological control must be carried out, as well as to facilitate the practice of the operations that require.

4. The facts established by the officials responsible for the inspection tasks carried out in the performance of their duties and which are formalised in public documents by observing the legally established requirements shall have a probative value, without prejudice to the evidence that the respective rights or interests may indicate or contribute to the administration of the respective rights or interests.

5. Where, as a result of an inspection or verification, it is determined that an instrument works in breach of the provisions of its specific regulation, or exceeding the maximum permissible errors, or which shows signs of being tampered with, Public administrations shall prevent their entry into service or to proceed to their immediate withdrawal from the service, as appropriate.

Article 11. Statement responsible for the repair of instruments subject to metrological control.

1. Those who repair or modify instruments subject to metrological control shall, prior to the commencement of the activity, submit to the competent authority a responsible declaration on the availability of the technical means, the compliance with the requirements relating to the working procedures and the technical and professional qualification of their staff, in terms to be determined in a regulated manner.

2. The responsible declaration enables, from the day of its presentation, for the development of the activity in question throughout the Spanish territory and with an indefinite duration. Any changes to be made shall be communicated to the competent authority. The presentation of the responsible declaration for repair entities established in another Member State of the European Union that provide their services under the freedom to provide services on Spanish territory shall not be required.

Article 12. Repair or modification of instruments subject to State metrological control.

1. The repair of an instrument or system of measurement is considered to be a result of a breakdown, requiring the removal of seals and returning to its original state. The intervention that replaces or alters parts, elements or modules of the instrument or system by other than those it had at the time of its initial assessment is considered to be modified.

2. Where the verification after repair or modification has been regulated, the intervention in an instrument requiring the removal of seals shall prevent its entry into service until it has exceeded the corresponding instrument. verification.

3. However, the specific provisions governing the metrological control of the State in respect of each type of instrument or system of measurement may, in the light of the impact of their use, establish the possibility of putting them into service. after a repair or modification, and pending the corresponding verification, under the responsibility and the seals of the person who repairs or modifies them. This entry into service shall, in any event, require the prior application for verification to the competent authority.

4. Where the assessment of the conformity of an instrument subject to State metrological control does not require a third-party certification of each unit of product, verification shall not be necessary after the repair in the cases in the case of the instrument is repaired by the person responsible for placing it on the market and service, and sealed by it with the seals which identify it and provided that the intervention does not entail a modification of that instrument. The repair performed in these terms may not alter the periodic verification period.

Article 13. Pre-packaged products.

1. Pre-packaged products shall comply with the conditions laid down in the relevant metrological regulations on the control of their content.

2. Pre-packaged products shall bear, in their packaging, wrapping or label, the indication of the quantity of material or goods contained therein, which must be expressed in accordance with the Legal System of Units of Measure, with legible characters and in places where it is readily appreciated.

CHAPTER IV

Protecting the historical heritage

Article 14. Exporting certain metrological objects.

The departure of the Spanish territory from the weights, scales, instruments and, in general, of all kinds of metrological objects that form part of the Spanish Historical Heritage, will be governed according to the specific state regulations and European cultural heritage protection.

CHAPTER V

Organization

Article 15. Competencies.

1. The powers which, in accordance with this law, correspond to the General Administration of the State shall be exercised by the Ministry of Industry, Energy and Tourism, through, where appropriate, the agency to the attached or on a proposal thereof, without prejudice to the functions which, by reason of their specific competence, have to be developed by other ministerial departments.

2. The powers in the implementation of State metrological control which have been transferred shall be exercised by the body which each Autonomous Community determines.

Article 16. The Higher Council of Metrology.

1. The Superior Council of Metrology, a collegiate body of an inter-ministerial nature attached to the Ministry of Industry, Energy and Tourism, in which representatives of the Administrations of the Autonomous Communities and the Administration are integrated is the highest advisory and coordination body for scientific, technical, historical and legal metrology.

2. The Higher Council of Metrology may draw up technical and coordination guidelines to supplement and clarify the rules governing the State's metrological control and to ensure the coordination and excellence of the depositary laboratories. national standards and the most effective application of these rules. The Council shall ensure in particular that the market unit is guaranteed in accordance with the rules in force.

The above guidelines will be mandatory for natural or legal persons who perform the activities and provide services related to the field of metrology.

The approval of the guidelines will be carried out by means of a resolution of the Secretary General of Industry and Small and Medium-sized Enterprises, dictated by a proposal of the Superior Council of Metrology, after hearing the interested parties and Report of the Technical General Secretariat of the Ministry of Industry, Energy and Tourism. Compliance with the guidelines shall be required to be required to be published in the Official Gazette of the State.

These technical guidelines will be developed by the organs of the Higher Council of Metrology.

3. The Metrology Superior Council may approve practical guidelines on methods and procedures related to the measurement, verification or testing processes, which will be disseminated by the Spanish Metrology Center. These guides, which will be of no normative value, will have the character of recommendations of good practice and of guiding criteria for their recipients.

The actions of the laboratories and agents, carrying out the activities described in the guidelines, shall be presumed to be a technical correction when they are carried out in accordance with the guidelines.

4. By royal decree the composition, organization and operating rules of the Metrology Council will be determined.

5. The Spanish Metrology Center will provide the Superior Council of Metrology with the technical and administrative support it needs for the effective fulfillment of its aims.

Article 17. The Spanish Metrology Center.

1. The Spanish Metrology Centre, an autonomous body under the Ministry of Industry, Energy and Tourism, is Spain's national metrology institute. In the international field, as such, it relates to the national institutes of the other countries and, without prejudice to the powers of the Ministry of Foreign Affairs and Cooperation, represents the State to the organizations. International metrology. It is governed by its founding law and by its statute and exercises the corresponding functions of the General Administration of State in metrological matters.

2. Laboratories associated with the Spanish Metrology Centre are those which, for reasons of scientific and technical specialization, are appointed by royal decree of the Council of Ministers as such and as depositaries of national units of the units of certain magnitudes. The associated laboratories will act in the metrological field under the functional coordination of the Spanish Metrology Center. The Spanish Metrology Centre may conclude agreements with the associated laboratories for the improvement of the dissemination of the units and, where appropriate, of the scales, with traceability to the national standard.

3. The Spanish Metrology Centre may conclude agreements by designating collaborating laboratories which, without being the depositaries of national standards, develop metrological activities in particular measures or ranges of measurement which require Design installations and unique specifications.

4. The Spanish Metrology Centre is the administrative cooperation agency in the field of metrology. It receives information from the agents and authorities involved in the metrological control of the State and distributes it or publishes it to enable its effective application throughout the territory; it encourages collaboration between the authorities and agents (a) is an expert in the field of research and development. As an administrative cooperation body, it shall ensure, in particular, that the market unit is guaranteed in accordance with the rules in force.

5. The Spanish Metrology Center will promote the development of the National Metrological System and the good practices of those involved, will ensure the excellence of national patterns and reference materials and their suitability to the state of the Science and technology will encourage the training of metrology specialists and ensure the correct use of measurement systems and the International System of Units in society.

Article 18. Metrological Control record.

1. The Metrological Control Register shall be of a public nature. The data relating to persons or entities which manufacture, import, market, repair or lease the instruments or systems subject to the State's metrological control and modifications shall be entered in the register. Similarly, persons or entities involved in the metrological control phases set out in Article 9 of this Law shall also be entered in the Metrological Control Register.

2. The Metrological Control Register is a single registry of national scope, whose data are centralized in the Spanish Metrology Center, of which it depends. The management of this register is the responsibility of the competent public authorities.

3. The registration in the Register of Metrological Control shall be carried out by the competent administration on its own initiative, based on the information provided by the subjects at the time of the registration of the first operation they carry out, in the process of their designation for intervention in metrological control, or in the responsible declaration provided for in Article 11 of this Act.

Article 19. Designated bodies.

1. Entities carrying out conformity assessments or verifications related to the execution of State metrological control shall have the consideration of bodies designated for the purposes of this law and shall be empowered to do so. development of its activity by the public authorities responsible for the exercise of those tasks. It is notified bodies acting in the assessment of the conformity of the instruments subject to the harmonised legislation of the European Union. The metrological control bodies act in the assessment of the conformity of instruments subject to national legislation. The authorised metrological verification bodies act in the instrument phase in service.

The procedure for the designation of these organisms and their regime of incompatibilities will be regulated by royal decree.

2. The verification of their independence and technical qualification shall be essential requirements for the designation of such bodies.

The competent public authorities shall ensure the independence of private entities and undertakings or natural persons who designate by reason of their lack of linkage with those who act with the manufacture, marketing, repair, maintenance and use of the instruments under control. Independence shall be presumed in the case of public administrations or bodies and entities of public ownership.

The technical qualification will be presumed for the Spanish Metrology Center and for those who are accredited to the effect by the National Accreditation Entity. The competent public authorities may assess the qualification by other means in cases which are determined to be regulated.

3. Competent Public Administrations shall grant the corresponding authorisation to those entities which comply with the requirements referred to in the previous paragraph in accordance with the procedure they establish.

Designated bodies may act throughout the national territory and their certificates and other regulatory documents for the State's metrological control shall be valid and effective anywhere in the State.

4. The designated bodies shall be required to take out civil liability insurance or other equivalent guarantees covering the damage which they may cause in the course of their business, in cases where they are determined by real decree.

CHAPTER VI

Violations and Sanctions Regime

Article 20. Responsible.

Incur liability, for the purposes of this chapter, for natural or legal persons who perform by action or omission acts constituting infringement in accordance with the provisions of this law.

Article 21. Violations.

1. The actions and omissions referred to in the following article shall be deemed to be infringements of this law and shall entail the corresponding administrative responsibility for their authors, without prejudice to the liability required in criminal proceedings, civil or from another order that they could take place.

2. In no case shall a double administrative penalty be imposed for the events which have been sanctioned, in cases where the identity of the subject, fact and substance is assessed.

3. The Public Administration which will carry out the procedure for the sanctioning procedure shall be the competent authority at the place where the measuring instrument is to be found at the time of the action giving rise to the file. sanctioning.

Article 22. Classification of the infringements.

1. They are minor infractions:

(a) Carage the holder of the instrument of the legal documents or regulations which are enforceable or which are not the instrument of legal or regulatory identifications which are enforceable, or possess such that they are it is difficult to be visible or legible on the part of the consumers or users of the services of that person and of the servants or officials in the exercise of an inspector's action on behalf of the competent public administration.

b) Manufacture, import, distribute or market an instrument or system of measure that is not accompanied by legal or regulatory documentation, or without the identification and legal or regulatory identification (a) to be required, or to have them in such a way as to be difficult to be visible or legible on the part of the consumers or users of the services of that person, as well as of the servants or officials in the exercise of an inspector's action.

(c) Modify or breach the non-essential conditions or requirements that resulted in the granting of the necessary administrative authorisations or ratings to support manufacturing, marketing, repair, modification, or use of measuring instruments.

d) Modify or breach non-essential conditions or requirements stated in the responsible pre-performance statement as a repairer.

e) Provide information to citizens in units of measure not included in the Legal System.

f) Employing instruments which, subject to specific regulation of State metrological control in the phases determined in this Law, have not exceeded the same, provided that the public interest is not put at risk protected.

2. These are serious violations:

(a) Obstruct the inspections of metrological control, as well as refuse or unjustifiably resist to exhibit or provide to the officials responsible for the instruments, documents or data that those claim in the exercise of their inspector function.

b) Make, import, distribute, market or use instruments which, subject to specific regulation of the State's metrological control in the phases determined in this law, have not exceeded those phases, when put the protected public interest at risk.

c) Keep an instrument in service without the prescribed seals or lift them in an unauthorized manner.

d) Use a measuring instrument with knowledge that its errors exceed the maximum permitted regulations.

e) Use units of measurement not included in the Legal System for advertising purposes, in the manuals of use of the goods or for the performance of commercial transactions, provided that such use does not constitute very serious infringement.

(f) Failure to comply with the regulatory requirements laid down for bodies designated to intervene in the State's metrological control, as well as not informing the competent public administration that it has appointed him or her modification that might affect them.

g) Carishing of the reference patterns or materials that have been established as mandatory, or possessing them without the required traceability to ensure their reliability, or to refuse, without justified cause, to provide them to those users who request to make regulatory use of them.

(h) Distort or overreach the data contained in the communication or responsible statement, as well as breach the obligations referred to in Article 11 of this Act in respect of such a responsible statement.

i) unduly place CE marking and additional metrology marking or a national marking, as well as use markings or labels with non-regulatory designs or cause confusion.

j) Issue certificates or reports whose content does not conform to the reality.

k) Verify, test, test or test, by the designated bodies, incompletely or with inaccurate results, due to insufficient evidence of the facts or the deficient application of technical standards.

l) unduly adjust the errors of the instruments upon repair or modification even if they remain within the maximum permissible errors.

m) Use technical procedures other than regulated and seal or seal seals at times or with media that are not legally authorized.

n) Deliver seals or computer codes by those who have the legitimacy to place them in other unauthorized persons for use.

n) Reoffending in a minor fault for which it would have been sanctioned within two years prior to the commission of the same.

3. These are very serious violations:

(a) Conduct activities governed by this law on instruments of measurement submitted to the State's metrological control, without having obtained the corresponding authorizations and administrative designations, or without having presented, where appropriate, the responsible statement.

(b) Put into service instruments which, having failed the various stages of metrological control of the State, have been declared off-duty, or their use has been prohibited, as long as the defects are not remedied. (a) the adoption of the measures referred to above.

c) Continue to perform the activities of a designation, recognition, or administrative enablement after it has been revoked.

d) Perform any manipulation on an instrument, in order to fraudulently modify the outcome of the measure.

e) Use seals, by any of the agents involved, that do not conform to the rules of procedure.

f) Be driven by action or omission so that consumers are misled or misled.

g) Getting by action or omission so that false results are caused to measure risks to people's health, life, or safety.

h) Be driven by action or omission so that false results of measurement that involve risks to the environment are caused.

i) Distribute, distribute, import, or sell prepackaged products whose contents are less than nominal minus the maximum allowable errors.

(j) Reoffending in serious misconduct for which it would have been sanctioned within the two years preceding the commission of the same.

Article 23. Penalties.

1. The imposition of the penalties provided for in the preceding Article shall be appropriate to ensure that the seriousness of the infringement and the sanction applied according to the following scale is appropriate:

a) The minor infractions will be sanctioned with a fine of up to 5,000 euros.

(b) Serious infringements shall be punishable by a fine of EUR 5,001 to EUR 90,000.

c) Very serious infringements will be sanctioned with a fine of 90,001 to EUR 600,000.

2. Where the offence has been punishable by injury to third parties, to public administrations or to the environment, or to profits for the infringer, the above amounts shall be raised as follows:

(a) The serious infractions shall be punishable by at least 5,001 euros or, if the damage caused or the profit obtained is greater, with the estimated amount of damage caused or the profit obtained and, at most, with the resulting from multiplying by 1.5 the estimated amount of damage caused or the profit obtained with the maximum limit of 90,000 euros.

(b) Very serious infringements shall be punishable by at least EUR 90,001 or, if the damage caused or the profit obtained is greater, with the estimated amount of damage or profit obtained and, at most, the figure resulting from multiplying by 2 the estimated amount of damage caused or the profit obtained with the maximum limit of 600,000 euros.

3. The specific amount of the penalty to be imposed by the commission for each infringement shall be determined on the basis of the health risk criteria, the importance of the damage or deterioration caused, the market position of the infringer, the value of the benefit obtained, degree of intentionality, seriousness of the social change produced, and, in the case of very serious infringements, reiteration in the commission of the same when its authors have been punished for an infringement of the same gravity in the period of the two years preceding the commission of the last year.

4. The penalties applicable to bodies designated for the implementation of the State's metrological control may, for a period of not less than one year and not more than two in the case of an activity, be disallowed for the period not less than one year. serious infringements, not more than five years in the case of very serious infringements.

5. An administrative penalty decision may also agree to the confiscation of equipment and instruments.

6. The authority imposing the sanction may agree to the publication of the penalties imposed, by means of the means deemed appropriate, once they have acquired firmness on an administrative basis, or in their judicial case, as well as the the names, names or names or social reasons of the natural or legal persons responsible and the nature and nature of the infringements.

Article 24. Limitation of infringements and penalties.

1. The limitation period for the offences provided for in this law shall be three years for the very serious, two for the serious and six months for the minor, to be counted from their total consummation. The calculation of the limitation period shall be initiated on the date on which the offence was committed or if it is an ongoing activity, on the date of its termination.

Interrupt the prescription of the initiation, with the knowledge of the person concerned, of the sanctioning procedure, resuming the limitation period if the sanctioning file has been paralyzed for more than one month by reason not imputable to the presumed responsible.

2. The period of limitation of the penalty provided for in Article 23 of this Law shall be three years for the very serious, two years for the serious and one year for the minor, to be counted from the day following that in which the decision is taken on a firm basis. that the sanction is imposed.

Interrupt the prescription of the initiation, with the knowledge of the interested party, of the execution procedure, returning to elapse the deadline if the one is paralyzed for more than one month for cause not imputable to the infringer.

Article 25. Competence to resolve.

When the infringements are committed in places in the national territory where the executive powers in the field of metrology have not been transferred to the corresponding Autonomous Community, the imposition of the sanctions by the Commission of the minor and serious infringements provided for in this law shall be the responsibility of the holder of the General Secretariat of Industry and Small and Medium-sized Enterprises. In the same case, the imposition of the sanctions by the commission of very serious faults will be the responsibility of the head of the Ministry of Industry, Energy and Tourism.

Article 26. Procedure.

1. The imposition of administrative penalties shall be in accordance with the procedure laid down by Royal Decree 1398/1993 of 4 August 1993 on the Rules of Procedure for the exercise of sanctioning powers.

2. In the case of an infringement procedure, the abduction or sealing of the measuring instruments or apparatus may be preemptively agreed, as a result of the decision of the administrative or judicial authority which is aware of the case.

3. The maximum period for the resolution and notification of the sanctioning procedures dealt with under this law shall be one year, from the date on which the administrative act which began its processing took place.

Single transient arrangement. Adaptation to the provisions of Article 19.

1. The public authorities responsible for the implementation of the metrological control of the State whose habilitation regime does not comply with Article 19 (3) shall take the necessary measures to ensure the application of the provided for in that paragraph before 1 January 2017.

2. As long as the rules for the development of the provisions of Article 19 of this Law are not adopted and are designated in accordance with this law, the Spanish Metrology Centre and the other designated bodies may continue to carry out their own activities. metrological control of the State for which they are authorised, in accordance with the deadlines and conditions laid down in the applicable rules.

Single repeal provision. Regulatory repeal.

The Law 3/1985, of March 18, of Metrology, the Royal Decree of Law 1296/1986, of 28 June 1986, amending Law 3/1985, of March 18, of Metrology, and establishing the metrological control of the EEC, the Article 11 of Law 25/2009, of 25 December, amending various laws for its adaptation to the Law on the free access to service activities and its exercise and Chapter VI of Royal Decree 889/2006, of 21 July, which regulates the State metrological control over measuring instruments, as well as how many other provisions are opposed as set forth in this law.

Final disposition first. Regulatory development.

The Government, on a proposal from the Ministry of Industry, Energy and Tourism, will dictate the regulatory provisions that are required for the development and implementation of this law.

Final disposition second. Authorization for the sanctions update.

The Government is authorized, on a proposal from the Ministry of Industry, Energy and Tourism, to update, every two years and by means of royal decree, the amounts of the penalties of Article 23 of this law.

Final disposition third. Amendment of Law 21/1992 of 16 July of Industry.

Law 21/1992, of July 16, of Industry, is amended as follows:

One. Article 4.5 is worded as follows:

" Without prejudice to the provisions of Article 15 of this Law, only prior administrative authorization of the competent administration may be required when it is required for the fulfilment of the obligations of the State. arising from Community legislation or from international treaties and conventions. "

Two. Article 8.11 is worded as follows:

" Accreditation: Statement by an accreditation body that a conformity assessment body complies with the requirements set out in accordance with harmonised standards, and where appropriate, additional requirements, including those set out in the relevant sectoral schemes, for the purpose of carrying out specific conformity assessment activities. '

Three. Article 13 (1) (b) is worded as follows:

"b) Certification or Act of control body, installer or conservator enabled or competent optional technician."

Four. Article 15 is worded as follows:

" Article 15. Control Bodies.

1. The Control Bodies are those natural or legal persons who have the capacity to act and have the necessary technical, material and human resources and impartiality and independence, can verify the fulfilment of the conditions and safety requirements laid down in the Safety Regulations for industrial products and installations.

By royal decree of the Council of Ministers the requirements and conditions will be established for these agencies and, in particular, their independence requirements. Those bodies shall also comply with the technical provisions which are issued on a state-by-state basis in order to be recognised in the field of the European Union.

2. The technical assessment of compliance with the requirements and conditions referred to in the previous paragraph shall be carried out by a national accreditation body in order to verify and certify its technical competence in the performance of its activities, without prejudice to administrative competence to verify compliance with the required administrative requirements.

3. The Control Bodies shall be obliged, as a prerequisite for the commencement of the activity, to take out insurance policies, guarantees or other equivalent financial guarantees, which cover the risks of their liability in the amount to be established regulentarily.

4. The enabling regime for the access and exercise of the activity of the Control Bodies shall consist of a statement responsible to the competent authority, with prior accreditation of the technical competence of the control body by a competent authority. national accreditation entity.

Enabling the competent authority in the field of industry in which the inspection body agrees to the activity for which it wishes to be accredited, without prejudice, where appropriate, to the application of the provisions of the of the origin authority in the additional provision of the 10th of the Law 20/2013 of 9 December of guarantee of the market unit.

The responsible declaration shall enable the control body to carry out the activity for which it has been accredited throughout the Spanish territory for an indefinite period, without prejudice, where appropriate, to the provisions of the legislation. for the purpose of its recognition in the European Union.

5. Certificates issued by the Control Bodies in the exercise of their activities shall be valid and effective throughout the Spanish territory.

6. The registration of the Control Bodies in the Integrated Industrial Register governed by Title IV of this Law shall be carried out by the competent Public Administration on its own initiative, on the basis of the data contained in the responsible declaration. "

Five. Article 16 is worded as follows.

" Article 16. Operation of the Control Bodies.

1. The verification by the Control Bodies of the compliance with the security conditions shall be carried out by any of the procedures for the assessment of conformity, which are in accordance with the rules laid down in accordance with Article 1 (2). Community rules.

2. Where the report or certification of a control body is not accredited to comply with the regulatory requirements, the person concerned may express his disagreement with the Control Body and, in the event of disagreement, Competent administration. The Administration shall require the Agency to have the background and to carry out the checks which correspond to the person concerned in the manner provided for in Law 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, resolving within the time limit that the effect establishes, and failing to do so within three months, if the control carried out by the Agency is or is not correct. As long as there is no revocation of the negative certification by the Administration, the data subject may not request the same control from another Control Body.

3. The supervision of the Control Bodies shall be carried out as laid down in Law 20/2013 of 9 December of the guarantee of the market unit in Chapter VI thereof.

4. The operators and/or persons responsible for activities and installations subject to inspection and control for industrial safety are obliged to allow access to the facilities to the experts of the Control Bodies, providing them with the information and documentation necessary to fulfil their task according to the regulatory procedure laid down.

5. The Control Bodies shall provide the competent authority with the information on their activities to be determined by regulation. "

Six. Article 18 is amended as follows:

" Article 18. Council for the Coordination of Industrial Security.

1. The Council for the Coordination of Industrial Security is hereby established as a consultative body of the General Administration of the State and, on the other hand, as an organ of cooperation, communication and information between the competent authorities of the Public to promote and coordinate the criteria and actions in the field of industrial safety. The creation of this Council may not result in an increase in appropriations, remuneration or other staff expenditure.

2. They shall be for the Council:

a) Promote the coordination of the actions and the unification of criteria among the Public Administrations for the necessary unity of the market in the field of quality and industrial safety.

b) To promote the exchange of information and coordination of the control campaigns for industrial products that the Ministry of Industry, Energy and Tourism and the Autonomous Communities carry out.

c) Identify regulatory improvements that allow effective industrial quality and safety assurance.

3. In order to achieve these objectives, the Council shall have the following

:

(a) Inform, if deemed necessary by the Proposer Ministry, the draft standards on quality and industrial safety that the General Administration of the State will take.

b) Driving studies, reports, and guidelines on quality and industrial safety.

c) Promote the creation of databases and information, in terms of the respective regulations, as well as the compilation of statistics that will allow the Public Administrations and interested sectors to knowledge of the situation in the field of industrial safety related to the national assembly.

d) Promote the creation of the necessary committees for the exchange of information and the unification of criteria between public administrations in order to achieve an effective market unit.

4. The Industrial Safety Coordination Council shall be attached to the Ministry of Industry, Energy and Tourism and shall be chaired by the Secretary-General for Industry and Small and Medium-sized Enterprises.

The vice-chair of this body will be the Director-General of Industry and Small and Medium-sized Enterprises.

The vowels of the Council will be determined by the royal decree to approve its composition and operating rules.

It will also have a Secretariat, whose holder will be appointed by the Secretary General of Industry and Small and Medium-sized Enterprises and will attend the sessions with voice and no vote.

Other representatives of the General Administration of the State or the Autonomous Communities other than the vowels may be incorporated in the matter of the matters to be dealt with in this way.

5. The composition and operating rules of the Industrial Safety Coordination Council shall be approved by royal decree of the Council of Ministers on the proposal of the Minister of Industry, Energy and Tourism.

This royal decree may regulate the existence of a Permanent Commission with delegated powers of the Council and of technical committees of a sectoral and horizontal nature, intended to collaborate in the regulatory tasks and coordinate actions in the field of industrial quality and safety. "

Seven. Article 31 is worded as follows:

" Article 31. Classification of the infringements.

1. The following are very serious violations:

(a) The intentional non-compliance with the requirements, obligations or prohibitions laid down in the industrial regulations, provided that they cause serious risk or harm to the people, flora, fauna, things or the environment.

(b) The recidivism in serious misconduct for which the commission of the same has been sanctioned within two years before the commission of the same.

c) Absolute refusal to provide information or to provide collaboration to the inspector staff.

(d) The following are classified as serious infringements, where serious damage is caused or a very serious and imminent danger to persons, flora, fauna, things or the environment is imminent.

2. The following are serious violations:

(a) The manufacture, import, distribution, marketing, sale, transport, installation, repair or use of products, appliances or elements subject to industrial safety without complying with the regulatory standards, when there is danger or serious harm to people, flora, fauna, things or the environment.

(b) The operation of facilities without registration or registration, or without the prior submission of the required documents when any of these are required in accordance with the corresponding legal or regulatory provision.

(c) The exercise or development of activities without the corresponding authorisation, registration or registration, where this is required, or after its term of validity, as well as the modification not authorized by the competent authority of the conditions and requirements on which the relevant authorisation, authorisation or registration has been granted.

d) Do not have maintenance contracts for facilities with companies that are enabled in cases where they are mandatory.

e) The concealment or alteration of the data referred to in Articles 22 and 23 of this Law, as well as the resistance or repeated delay in providing them as long as they are not duly justified.

f) The resistance of the holders of industrial activities and installations to allow access or to provide the information required by the Public Administrations, when there is a legal or regulatory obligation to attend such a request for access or information or where it is necessary to be able to carry out the relevant market inspection or control.

g) Failure to comply with the specific requirements and precautionary measures to be taken by the competent authority when it occurs in a repeated manner.

h) The issuance of certificates, reports, or minutes whose content does not conform to the reality of the facts.

i) The drafting and signature of projects or technical reports whose content does not comply with the requirements laid down in the applicable legislation.

(j) Inspections, tests or tests carried out by the Control Bodies in an incomplete manner or with inaccurate results due to insufficient evidence of the facts or the deficient application of technical standards.

k) The accreditation of Control Bodies by the Accreditation Entities when carried out without fully verifying the technical conditions and requirements required for the operation of those or through valuation technically inadequate.

(l) Failure to comply with the requirements of the competent authority on safety issues related to this law and to the rules that develop it.

m) Inadequate conservation and maintenance of facilities if this can be a danger to people, flora, fauna, property or the environment.

n) Inaccuracy, falsehood or omission in any data, or manifestation, of an essential nature, on the fulfilment of the required requirements stated in the responsible statement or the communication provided by the interested.

n) The performance of the activity without meeting the required requirements or without having made the communication or the responsible statement when any of them are mandatory.

or) The lack of communication to the competent Public Administration of the modification of any essential character data included in the responsible statement or prior communication.

(p) Keep in operation facilities without having favourably passed the inspections, checks or checks laid down in the provisions of this law.

(q) Failure to comply with serious negligence, requirements, obligations or prohibitions laid down in industrial legislation whenever there is a risk to persons, flora, fauna, things or the environment, even if it is of little entity; and the same non-compliance and behaviour when, committed with simple negligence, produce serious risk to people, flora, fauna, things or the environment.

r) The recidivism in a minor lack for which the commission of the same has been sanctioned within the two years before the commission.

3. The following are minor violations.

(a) The manufacture, import, marketing, sale, transport, installation or use of industrial products, apparatus or elements without complying with the applicable regulatory standards, where it does not constitute a serious infringement or very severe.

b) Non-communication to the competent Public Administration of the data referred to in Articles 22 and 23 of this Act within the statutory deadlines.

(c) Failure to comply with the specific requirements or precautionary measures that the competent authority makes within the time limit granted for the first time.

(d) The failure to address deficiencies detected in inspections and regulatory reviews within the time limit set out in the relevant minutes or the lack of accreditation of such a remedy before the Public Administration competent, provided that such deficiencies do not constitute a serious or very serious infringement.

e) Inadequate conservation and maintenance of facilities, where it does not constitute a serious or very serious infringement.

f) The lack of collaboration with the Public Administrations in the exercise of their inspection and control functions derived from this law.

(g) Failure to comply, by simple negligence, of the requirements, obligations laid down in the industrial legislation, provided that there is a risk to persons, flora, fauna, things or the environment and that low incidence.

(h) Inaccuracy, falsehood or omission in any data, or manifestation, of a non-essential nature, on the fulfilment of the required requirements stated in the responsible statement or the communication provided by the interested.

i) The lack of communication to the competent Public Administration of the modification of any non-essential character data included in the responsible statement or prior communication. "

Eight. Article 34.1 is worded as follows:

" Article 34. Penalties.

1. The infringements will be sanctioned as follows:

a) The minor infractions with fines of up to 3,005.06 euros.

b) Serious infringements with fines from 3,005.07 to 90.151.82 euros.

c) Very serious infringements with fines from 90.151.83 to 601,012.10 euros.

The Government, on a proposal from the Ministry of Industry, Energy and Tourism, will be able to update, by royal decree, the amounts of the sanctions. "

Final disposition fourth. Amendment of Law 24/2013 of 26 December of the Electrical Sector.

Law 24/2013 of 26 December of the Electrical Sector is amended as follows:

One. A new paragraph is added to Article 4, with the following wording:

" 6. Electrical planning may include a non-binding Annex with those installations of the transport network which it is deemed necessary to put into service in the years after the planning horizon. The inclusion of an installation in this Annex will only serve the purpose of initiating the relevant administrative procedures of the said facility. Prior to the adoption of the relevant resolutions, the suspension in the administrative procedures relating to the installations covered by this paragraph may be agreed until such time as they are included in the binding electricity planning. The content of that Annex may be amended in accordance with the same assumptions as referred to in paragraph 4 of this Article and shall take account of the procedures provided for therein. "

Two. Article 16.2 of Law 24/2013 of 26 December of the Electrical Sector is amended as follows:

" 2. The Government shall establish the structure and conditions for the application of the tolls for access to the transport and distribution networks to be met:

(a) consumers, taking into account specialties by voltage levels and the characteristics of consumption by time periods and power.

b) producers, taking into account the energy poured into the networks. "

Three. Article 33.1.b of Law 24/2013 of 26 December of the Electrical Sector is amended as follows:

" (b) Right of connection to a network point: the right of a subject to be electrically coupled to a particular point in the existing or planned transport network with a binding or existing distribution or included in the investment plans approved by the General Administration of the State under certain conditions. '

Four. The first paragraph of Article 33.2 of Law 24/2013 of 26 December of the Electrical Sector is amended as follows:

" 2. The granting of an access permit shall be based on compliance with the technical criteria of safety, regularity, quality of supply and sustainability and economic efficiency of the electrical system established by the Government. The application of these criteria will determine whether or not access is available. In the assessment of the access capacity, all the knots with influence on the node where the installation is connected, taking into account the production facilities of the plant, must be considered in addition to the same node to which the installation is connected. existing power and consumption and those already engaged in such knots. Similarly, in that assessment the network to be considered will be the existing or planned transport network with binding character or the existing distribution network or included in the investment plans approved by the General Administration of the Status under certain conditions. "

Final disposition fifth. Competence title.

1. This law is dictated by the provisions of article 149.1.12. of the Constitution, which attributes to the State exclusive competence to dictate the legislation on weights and measures and the determination of the official time.

2. Article 14 is excluded from the foregoing, which is covered by Article 149.1.28. of the Constitution, which attributes to the State the competence to defend the cultural, artistic and monumental Spanish heritage against export and the expoliation.

3. The third final provision, which is issued under the provisions of Article 149.1.13. of the Constitution, which confers on the State the competence on the basis and coordination of the general planning of the activity, is also excluded. economic.

Final disposition sixth. Entry into force.

This law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 22 December 2014.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY