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Royal Decree 914/2002, Of 6 September, Which Regulates The Metrological Control Register.

Original Language Title: Real Decreto 914/2002, de 6 de septiembre, por el que se regula el Registro de Control Metrológico.

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Article 8 (1) of Law 3/1985, of 18 March, of Metrology, required in its original wording that the persons or entities who proposed to manufacture, import, market, repair or lease the instruments, apparatus, means and systems of measurement referred to in Article 7, that is, those requiring the overcoming of metrological control, would have to apply and obtain prior their registration in the Register of Metrological Control, in the assumptions and conditions which would be determined.

In order to comply with the aforementioned legal mandate, by Royal Decree 1618/1985 of 11 September, the Register of Metrological Control is established.

The entry into force of the Single European Market in 1986 led to the amendment of all those Member States ' rules whose content could represent barriers or technical barriers to the free movement of goods and services. goods. To this end, Article 176 of Law 13/1996, of December 30, of Fiscal, Administrative and Social Order Measures, amended Article 8 (1) of the Metrology Law, in order to eliminate the obligation of prior registration. in the Register of Metrological Control to carry out the activities mentioned in this precept.

Moreover, the Constitutional Court, in its judgments 100/1991 of 13 May, and 236/1991 of 12 December, stated that the creation and legal regime of the Metrological Control Registry, being normative activity, falls under the jurisdiction of State law, which may, in its legitimate exercise, create a single register of national scope; on the other hand, the management of the register, as an activity of enforcement, corresponds to the Autonomous Communities according to their respective Statutes of Autonomy.

Consequently, even if there is no regulatory vacuum in this area, it is necessary to review the regulatory regulatory standards of the Metrological Control Register in order not only to adapt them fully to the changes described, but in particular to meet the needs arising in their years of operation.

This Royal Decree is adopted pursuant to article 149.1.12.a of the Constitution, which attributes exclusive competence of the State in matters of weight legislation and measures.

In its virtue, with the prior approval of the Minister of Public Administrations, on the proposal of the Minister of Public Works, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting on September 2002,

D I S P O N G O:

Article 1. Purpose and purpose.

1. This Royal Decree aims to regulate the Metrological Control Registry as a single registry of national scope, the data of which will be centralized in the Spanish Metrology Center, a body from which the Registry will depend. The actions of the management of this register correspond to the competent public administrations.

2. The Metrological Control Record has the following purposes:

(a) Give publicity to the facts and acts affecting the metrological control, subject to the registration acts.

b) Register persons or entities acting in the field of legal metrology, as provided for in Article 8 (1) of Law 3/1985, of 18 March, of Metrology, and to protect the required documentation for registration.

(c) Legitimize the registered person or entity for the repair of measuring instruments, through the registration certificates in the Metrological Control Register, to act at the national level in the activity that is the object of the registration.

d) centralize the basic data of the registered seats and offer to the public administrations the necessary information to be able to carry out a coordinated activity in the field of the metrological control.

e) To provide the data necessary for the processing of the metrological statistics required for state purposes.

Article 2. Enrollment.

1. Natural or legal persons who manufacture, import, place on the market, repair or lease instruments, apparatus, means and systems of measurement subject to metrological control in any of its stages shall be entered in the Register of Metrological Control.

2. Natural or legal persons resident in a country belonging to the European Union or signatory to the Agreement on the European Economic Area, who manufacture, import, trade or lease instruments, apparatus, means and systems of measurement subject to metrological control in any of its phases, shall be entered in the Register of Metrological Control when requesting any substantive operation of a metrological character or when they voluntarily submit their application for registration before the competent public administration.

3. Natural or legal persons not resident in a country belonging to the European Union or not a signatory to the Agreement on the European Economic Area, who intend to manufacture, import, market or lease instruments, appliances, Means and systems of measurement, subject to metrological control in any of its phases, shall request and obtain their registration in the Register of Metrological Control before the competent services of the Autonomous Communities or, failing that, before the Spanish Metrology Centre.

4. Natural or legal persons who intend to repair instruments, apparatus, means and systems of measurement, subject to metrological control in any of its phases, shall request and obtain their registration in the Register of Metrological Control the competent services of the Autonomous Community in which their registered office is established.

Article 3. Application for registration.

1. The natural or legal persons referred to in Article 2.2 shall provide the following information to obtain their registration in the Register of Metrological Control:

(a) The name of the applicant, or the name or social name if he is a legal person.

b) Number of the national identity card or tax identification code.

c) The address of the applicant or entity.

d) Location location of the factory or facilities.

e) Fundamental characteristics of the measuring instruments that it manufactures, imports or markets, with an indication of the activity for which it wishes to be registered.

2. The natural or legal persons referred to in Article 2.3 shall apply for registration by application to the competent public administration. In addition to the data referred to in the previous paragraph, they shall also provide the official documents or certificates of the applicant's legal personality.

3. The natural or legal persons referred to in Article 2.4 shall apply for registration by instance in which the following particulars must be entered:

(a) The name of the applicant, or the name or social name if he is a legal person.

b) Number of the national identity card or tax identification code.

c) The address of the applicant or entity.

d) Location location of your facilities.

e) Types of measuring instruments to be registered, indicating the characteristics of the instrument according to the specific provisions governing them.

The following documents must be provided as attachments to this instance:

1. º NIF or CIF authenticated photocopy.

2. º photocopy of the public deed or certificate of the Commercial Registry that accredits the legal personality of the applicant.

3. The detailed relationship of the staff of your company, indicating the name, surname, number of the national identity card, qualification and experience.

4. The relationship of duly accredited technical means, in order to carry out the repairs which, if necessary, will be the ones to fix the specific legal provisions.

4. Where the natural or legal persons referred to in Article 2 (2) and (3) also act as repairers of instruments, apparatus, means and systems of measurement, subject to the metrological control in any of their phases, they shall provide, in order to obtain their registration in the Register of Metrological Control, all the data and documents required of the repairers in paragraph 3 of this Article, in addition to those required in paragraphs 1 and 2.

Article 4. Identification number of the inscription.

1. An identification number, consisting of the following form: "XX-Y-ZZZ", shall be assigned to all entries in the Metrological Control Register. Its meaning is as follows:

1. º "XX" are the two digits corresponding to the public administration that makes the registration, according to the relationship of identification codes contained in Annex I of this Royal Decree.

2. º "Y" is the letter that serves to identify the sector of activity, in accordance with the identification codes listed in Annex II.

3. º "ZZZ" are the three digits corresponding to the correlative number of records within each sector of activity, assigned by the public administration that carries out the registration.

2. Where the person entered in the Register is also engaged in the repair of measuring instruments, in addition to the other activities referred to in Article 2 (1), the aforementioned identification number of the registration shall be constituted as follows: "XX-Y-ZZZ-R". In these cases, the capital letter 'R' will be used to indicate that the registered person is a repairer.

Article 5. Certificate of registration and length of time.

1. The competent public administration, once the documentation submitted and the actions deemed necessary, have been checked, will proceed to the registration in the Register of Metrological Control, issuing a certificate of accreditation of the registration, the model of which is set out in Annex III to this Royal Decree.

In the case of repair of measuring instruments, this certificate shall be accompanied by an annex containing all the information on the seals to be used for the sealing of the instruments. repaired, with express indication of the shape, material of the seal and inscriptions.

2. The registration in the Register of Metrological Control has a period of duration of five years, counted from the date on which the registration has been effected. The renewal of this must be requested by the person concerned, before the public administration that made the registration, one month before the date of its expiration. The renewal shall be made for the same period of five years.

Article 6. Centralization of data in the Metrological Control Registry.

The competent public administration must submit the registration data to the Spanish Metrology Center, for its centralization in the Metrological Control Registry.

Article 7. Modification of data.

Any change or change in the circumstances established in the documents submitted, after the registration, must be communicated to the public administration that made the registration, which the ratifies or may cancel it in your case. The data modification must be communicated to the Spanish Metrology Center for its centralization.

For each subsequent registration, a new registration certificate will be issued with the same registration number already assigned in the first registration, provided that the economic operator does not extend its activity to another sector.

Article 8. Cancellation of registration.

When under ex officio review or by any other means, the competent public administration finds that there has been distortion, inaccurate reporting or modification of the data and circumstances that served as a The basis for registration may be cancelled, after the person concerned has been heard, without prejudice to the penalty to be taken as provided for in Article 10 of this Royal Decree.

Article 9. Advertising.

The Metrological Control Register shall be of a public nature in relation to the data of the persons registered therein, the assigned registration number and the activity for which they have obtained the registration, among those listed in Article 8 (1) of Law 3/1985, of 18 March, of Metrology.

The Spanish Metrology Centre, in coordination with the competent public administrations, will take the necessary measures to ensure the compatibility and intercommunicability of computer systems and applications for the management of the Metrological Control Register, so that the collection, transmission of data and advertising of the inscriptions are carried out with the highest administrative efficiency and at the lowest possible cost.

Article 10. Sanctioning regime.

Failure to comply with the obligations relating to the Metrological Control Registry shall be sanctioned in accordance with the provisions of Chapter V of Law 3/1985 of 18 March of Metrology and in accordance with the procedure laid down in Title VI of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single transient arrangement. Validity of the current entries.

The natural or legal persons who are already registered in the Register of Metrological Control at the entry into force of this Royal Decree, may continue to use, for a maximum period of two years, the registration number which they are assigned at the time, in which time they shall update the registration.

Single repeal provision. Regulatory repeal.

The Royal Decree 1618/1985 of 11 September, establishing the Metrological Control Register, is hereby repealed, as well as all provisions of equal or lower rank are opposed to the provisions of this Royal Decree.

Single end disposition. Development and modification enablement.

The Minister of Public Works is authorized to issue any provisions necessary for the application and development of the provisions of this Royal Decree, as well as to modify its annexes to accommodate the needs of the better management of the Metrological Control Register.

Given in Madrid to September 6, 2002.

JOHN CARLOS R.

The Minister of Development,

FRANCISCO ALVEZ-HELMETS FERNANDEZ

ANNEX I

(SEE IMAGES, PAGE 33080 TO 33081)

Public Administrations Identification Codes

The codes to be used by the acting public administrations will consist of the two digits that are related in the following table:

Spanish Metrology Center. .. .. .. .. .. .. .. .. 00 Autonomous Community of the Basque Country. ... .. .. 01 Autonomous Community of Catalonia .. .. .. ... ... 02 Autonomous Community of Galicia. ... .. ... ................. ... .. .. ... 04 Autonomous Community of the Principality of Asturias. 05 Autonomous Community of Cantabria. ... .. .. ... 06 Autonomous Community of La Rioja. ... .. .. .. ... 07 Comunidad Autónoma de la Región de Murcia ... 08 Comunidad Valenciana .. .. .. .. .. .. .. .. .. ......... ... 09 Autonomous Community of Aragón .. .. .. .. .. ... 10 Autonomous Community of Castilla-La Mancha. ... 11 Comunidad Autónoma de Canarias .. ... .. ...... 12 Comunidad Foral de Navarra .. .. .. .. .. .. .. .. 13 Autonomous Community of Extremadura ... .. .. 14 Autonomous Community of the Balearic Islands .. .. .. 15 Autonomous Community of Madrid .. .. .. .. .. .... .................................. 16 Autonomous Community of Castilla y León ... .. .. 17

ANNEX II

Activity Sectors Identification Code

M Mass, strength and weighing.

E Electricity.

G Gases.

A Water.

H Hydrocarbons.

P Pressure.

D Dimensional.

V Volumetry.

C Thermometers and Calorimetry.

T Time and frequency.

N Prepackaged.

I Special instruments.

ANNEX III (View images pages 33081 to 33082)

Registration certificate model

The Enrollment certificate in the Metrological Control Registry will be adjusted to the model below.

In the case of measuring instrument repairers an annex is added with the information on the seals to be used.

ENROLLMENT CERTIFICATE IN THE METROLOGICAL CONTROL RECORD

Fulfilled the requirements set out in Royal Decree 914/2002 of 6 September, for which the Register of Metrological Control is regulated, and in accordance with the provisions of its article 5, the present Certificate of Registration in the Register of Metrological Control, in favor of:

Social name or reason:

Address:

CIF:

With assigned number of Metrological Control Record:

For the following activities:

According to the following legal provisions:

The duration of this certificate is five years.

Any changes made in the circumstances established in the documents submitted for the registration, later on, must be notified to this service, which will ratify the registration or cancel it in his case.

The cancellation of the registration may also be carried out where, by virtue of ex officio reviews or by any other means, it is established that there has been a distortion or inaccurate statement of the data and circumstances served as a basis for that.

Place and date

Signature

Note: This document is valid only for the purposes of the Metrological Control Record.

Metric instrument repairers attached to the certificate

Seals assigned to the repairer with Metrological Control Record number:

The seals that will be used in the repair operations for which the repairer is authorized, shall be of the form and with the following contents:

Two-sided Seal

In the front of the seal the identification number of the inscription in the Register of Metrological Control must appear. The reverse shall be two digits, corresponding to the last two digits of the year in which the repair was carried out.

Funnel or face seal

In the upper half of the seal the identification number of the inscription in the Metrological Control Register will be collected. In the lower half, the two figures corresponding to the last two digits shall appear in the year in which the repair was carried out.