REAL DECREE 197/1988, of 22 February, approving the Regulation of the Law on articles made of precious metals.

The additional provision of Law 17/1985, of July 1, on objects made of precious metals, empowers the Government to dictate by Royal Decree, on the proposal of the Ministries of Economy and Finance, of the Interior, of Industry and Energy and of Health and Consumer Affairs, the Implementing Regulation of the same.

The Regulation is limited, in some cases, to the collection of explicit rules of the Law which require, at most, some degree of matization or partial complement, as is the case with the regulation of the scope of the rules, the Determination of the different "laws" of the metals, the mandatory contrasts-especially with regard to the manufacture and use of the guarantee contrast-the possibility of resorting to destructive type tests, the batch tests, the manufacture and placing on the market of objects with low content of precious metals and provisions relating to external trade. Respect for the literality of the Law has been extremely extreme in terms of faults and sanctions reserved for the highest hierarchy.

In other cases, it is imperative for the same law that the regulation develops rules and precepts in that law. For this reason it regulates with greater detail and precision, the procedure of contrast, the exception of the contrast for small pieces, the exceptional marking with the guarantee punch in objects of unknown origin, the design of the punches of manufacturer and importer, the form, numbering and acronyms of the guarantee points, the criteria for the selection of approved laboratories, the guarantees to be met by contrast, test methods and forms of labelling and marketing. The same treatment has received those technical specifications in which technological changes are foreseen, such as coatings and alloys, mechanical joints, welds, precious metal couplings and filler materials, extremes in which the Regulation contains the practices and rules of current technology and international regulations in force.

In dealing with the Law on matters whose impact on the consumer is notable, it has seemed appropriate to introduce some provisions to ensure the effectiveness of the basic principles of Law 26/1984 of 19 July 1984, general for the defense of Consumers and Users, in the field of objects made with precious metals, particularly in respect of trademarks, quality control and obligation to provide information.

Finally, and according to the requirements of agreement, it has been necessary to update some precepts of the previous Regulation of 1934, such as those relating to the weight limitation of the second "law" silver objects, the rules of attribution of powers and procedure, the validity of the tests to the touchstone, which are suppressed; others, on the contrary, are preserved incorporating them, as they are considered valid in our days.

In its virtue, on the proposal of the Ministers of Economy and Finance, of the Interior, of Industry and Energy, and of Health and Consumption ..., according to the State Council, and after deliberation by the Council of Ministers at its meeting of the day 19 February 1988,

D I S P O N G O:

Single item.

The precious metal-made objects regulation is approved and then inserted.

ADDITIONAL DISPOSITION

The privileges conferred on the Public Administrations by the Regulation shall be construed as referring to the Autonomous Communities where appropriate in accordance with their respective Statutes of Autonomy.

TRANSIENT DISPOSITION

Until July 3, 1988, those objects of precious metals that have been contrasted according to the rules and "laws" prior to the entry into force of Law 17/1985, of July 1, may continue to be placed on the market.

FINAL PROVISIONS

First.

The Royal Decree approving this Regulation shall enter into force six months after its publication in the Official Gazette of the State.

Second.

The Ministers for Economic Affairs and Finance, the Interior, Industry and Energy and Health and Consumer Affairs are hereby authorised to lay down, within the scope of their respective powers, the necessary additional rules for implementation of the provisions of the Regulation to be adopted.

REPEAL PROVISION

As of the entry into force of the Royal Decree, the Decrees of 29 January 1934 and 29 August 1935 are hereby repealed, and all provisions shall be contrary to it.

Given in Madrid to February 22, 1988.

JOHN CARLOS R.

The Minister of Relations with the Courts
and the Government Secretariat.

VIRGILIO ZAPATERO GOMEZ

PRECIOUS METAL-MADE OBJECT REGULATION

TITLE FIRST

Of precious metals, of objects manufactured with them and of their official "laws"

CHAPTER FIRST

Precious metals

Article 1. º

For the purposes of this Regulation, precious metals are platinum, gold and silver and alloys of these metals with each other or with other metals, provided that the content of the metal specifically confers on the precious range, in the alloy, the legally established ratio.

Art. 2. º

1. For the purposes of this Regulation, precious metals belonging to the platinum group, such as iridium, osmium, palladium, rhodium and ruthenium, are not considered as precious metals, even if they are used in alloys or coatings of precious metal objects.

2. Notwithstanding the foregoing, iridium shall be conceptualized as platinum equivalent up to a maximum of five thousandths in the platinum alloy that thereby reaches the legally established ratio

CHAPTER II

Precious Metals Objects

Art. 3. º

For the purposes of this Regulation, precious metal objects are:

(a) Those manufactured with the materials listed in Article 1 and intended for consumption in jewelry, goldsmith, silverware, watchmaking and other uses of similar characteristics.

(b) Bullets, plates, chains and other articles that are directly marketed and not used as raw materials or intermediate products.

c) Works of art or crafts made from precious metals, as well as copies of coins or medals.

d) Items of precious metals that are part of objects manufactured with other materials, such as bases, ornaments, ensenas, chants, and the like.

Art. 4. º

1. Materials used exclusively as raw materials in the manufacture of precious metal objects, such as ingots, sheets, sheets, sheets, rods, threads, bands, tubes and rods, may only be made by industrial metals precious metal object manufacturers, and by those who have the status of precious metal object manufacturers.

2. These materials, when not intended for direct consumption, shall be supplied, with the usual guarantees in trade, exclusively to those who have the status of precious metal object manufacturers.

Art. 5. º

1. Semi-manufactured precious metal products are considered to be products intended for subsequent finishing or coupling as a component of another precious metal object.

2. These products, when not intended for direct consumption, may only be supplied to those who have the status of a precious metal object manufacturer and shall not be subject to the rules of this Regulation.

Art. 6. º

The precious metal objects that are subsequently cited are exempted from the scope of this Regulation:

a) Employees in dental prostheses and their couplings.

b) Those intended for radiology or any other medical use.

c) The scientific or technical application tools.

d) Those that are part of articles for Defense.

e) Antiquities, considering as such those that are more than a hundred years old.

f) Coins that have or have been legal tender.

CHAPTER III

"Official" Laws

Art. 7. º

"law" means the proportion by weight in which the pure precious metal enters into an alignment. It shall be expressed in thousandths and shall be conventionally represented by a three-digit number.

Art. 8. º

1. As official "laws" for each of the precious metals, the following are established:

Platinum: 950 thousandths.

Other first law: 750 thousandths.

Gold second law: 585 thousandths.

Silver first law: 925 thousandths.

Silver 2nd law: 800 thousandths.

2. With respect to these "laws" no tolerance will be allowed in less.

3. Subject to official "laws", objects of any weight may be manufactured and placed on the market.

Art. 9. º

If an object made with gold or silver does not reach the first of the official "laws" established for each of those metals, but reach or exceed the second, it will be considered and contrasted as second "law", without the damage to which the exact proportion of precious metal in the alloy can be certified by the testing laboratories.

Art. 10.

1. Precious metal objects of "laws" superior to officers and especially high-purity pieces or ingots may be manufactured and marketed.

2. These objects shall be considered as being of the official "law" immediately below, but the testing laboratories may certify the exact proportion of precious metal in the alloy, with the description of the object, its identification and its weight.

TITLE II

Of the contrasts of objects made from precious metals

CHAPTER FIRST

Common Provisions

Art. 11.

1. The signs with which, by punching, the objects of precious metals must be marked, as proof and control of their suitability, shall be called contrasts, where this is legally established.

2. The contrasts for precious metal objects are:

a) Source identification, that is, manufacturer or importer.

b) Warranty or official contrast.

Art. 12.

1. In any case of precious metal intended for the internal market, the following contrasts shall be marked in advance, with all sharpness.

a) First the source identification punch.

b) Realized this and next to the warranty punch.

2. In the case of objects of unknown origin or origin, the guarantee contrast may be marked with the requirements and precautions laid down in Article 15 of this Regulation.

3. They are exempted from the contras ' obligations in the part itself, on the market as determined in Article 66 of this Regulation, the objects which, by their small size or design, would be seriously altered by the mark of the stilettos. The weight of platinum objects of less than two grams, the weight of gold weighing less than three grams and those of silver weighing less than seven grams shall be considered as small. In any event, these articles must be submitted to the tests and requirements which are laid down in Article 66 for marketing.

Art. 13.

1. The contrasts must be performed on the part that less damage the design of the precious metal object.

2. The parts not joined together in a permanent way by fixed joints or welding shall be marked separately.

Objects of pieces interlaced or joined by handles, such as necklaces, pendants and burrows, and those made with twisted wire of precious metals, which will be marked in the closing piece, are excluded from this obligation.

3. The clocks shall be marked on the bottom of the lids and also on the enclosure of the boxes or on the handles. The watchmen-jewel in which the box and the bracelet form a whole will be marked on the bottom of the box and on the closure of the bracelet.

Art. 14.

1. Objects of precious metals, which are not marked with the contrast of origin, shall be considered for their traffic in the interior of the country as of unknown origin and, therefore, such traffic as clandestine, unless they come punctured with the warranty contrast.

2. These objects can only be punctured with that warranty contrast in the following cases:

a) When they come from pawn houses or buy-sell houses or Piedad Mountains.

b) When they are to be auctioned and are not considered old.

c) When they come from comiso and are presented as such by the Ministry of Economy and Finance.

d) When they are trafficked between individuals and the seller can reliably credit their property.

3. A rigorous examination of each of the precious metal objects shall be carried out in advance with the guarantee contrast, verifying at least:

a) Your density.

b) The "law" of the alloy, using for its determination the method that for each metal is established for cases of divergence or litigation.

CHAPTER II

Source Identification

Art. 15.

1. The mark of the origin identification marks identifies the manufacturer or the importer of precious metal objects, which shall assume responsibility for the compliance of such objects with the laws and regulations to which they are subject.

2. Independently of this mark, precious metal objects may be recorded, not overlapping with it, any other trademark of a commercial character duly registered in the Industrial Property Registry, provided that they are not designed to is likely to cause confusion with the marks of the guarantee or identification points of origin and which is significantly larger than the size of the marks, without in any case being able to refer to the composition or 'law' of the alloy which are manufactured objects.

Art. 16.

1. Source identification punches for manufacturers or importers of free design and manufacture, although they must be larger than those of guarantee, not inducing confusion with these and not being their marks waxed in geometric figure some. These stilettos will be priced interchangeably for objects made with platinum, gold or silver and in no case will mention the "law" of the alloy.

2. The following formalities must have been followed before they are used:

a) Manufacturers and importers will apply for registration of their contrast mark in the Industrial Property Registry.

(b) Obtained the grant of the mark, the person concerned may proceed to its use by certifying, by means of certification of the Industrial Property Registry, that concession and its validity before the official or authorized laboratory of the the warranty contrast is requested.

3. The Registry of Industrial Property shall, where appropriate, communicate the award and design of the trade mark to the Ministries of Economy and Finance, the Interior, Industry and Energy and Health and Consumer Affairs, as well as to the competent bodies of the Public Administrations.

CHAPTER III

Official Warranty or Contrast

Art. 17.

1. Warranty contrasts credit that manufacturers or importers of the corresponding precious metal objects are recognized as such. The objects checked must comply with the legal and regulatory requirements that apply to them and achieve or exceed one of the legal "laws" that correspond to them.

2. Consequently, objects not previously marked with the contrast of origin shall not be marked with the guarantee punch, except for the exceptions set out in Article 14.

Art. 18.

1. The punches for the guarantee contrasts are of exclusive use by the Contrastation laboratories, which will carry an adequate control of the same.

2. The manufacture of these punches, with the approved official passwords, will be carried out by the National Mint and Timbre at the request of the Ministry of Industry and Energy.

3. The person responsible for each Contractor laboratory shall request the guarantee points to be specified to the Ministry of Industry and Energy.

4. This Department shall record the punches received in a record-book which shall take effect and shall then forward them to the Contractor Laboratory which has requested them, thereby giving the competent authorities of the Administrations concerned. Public.

Art. 19.

1. The marks of the official guarantee points, as set out in Annex II, shall be as follows:

(a) For platinum, it shall be a diamond, the lower side and diagonal of which shall be the same; inside and in the direction of the greater diagonal shall be the law of the metal and to the right the password of the laboratory which has performed the contrast; This punch shall be constructed in two sizes, one in which the side of the rhombus shall be 1,6 mm, and one in which the side shall be 0,8 mm.

(b) For gold, it shall be an ellipse, the major axis of which shall be twice the length of the smallest axis, within and within the meaning of the major axis shall be the law of the metal and to the right the password of the laboratory which has performed the contrast; This punch shall be constructed in two sizes, one in which the major axis of the ellipse shall be 2 mm and another shall be 1 millimeter.

c) For silver it will be a horizontal rectangle, the greater side of which will be of double length than that of the minor, inside and in the sense of the greater side will carry the law of the metal and to the right the password of the laboratory that has This punch shall be constructed in two sizes, one with the side greater than 4 mm and the other with 2 millimetres.

2. The password of each Contracting Laboratory shall be composed of a number of different acronyms depending on the territorial area in which it is located, as detailed in Annex I, followed by the number at the time of application for the guarantee points. The Ministry of Industry and Energy shall assign it within each territory to the proposal of the competent authority of the Public Administrations.

TITLE III

From the Precious Metal Object Contrasting Laboratories

CHAPTER FIRST

Official and authorized laboratories

Art. 20.

The laboratories authorised to carry out the test and the consequent contrast of the guarantee of objects made of precious metals shall belong to one of the following categories:

a) official laboratories.

b) licensed laboratories.

Art. 21.

It is official laboratories established by the competent authorities of the Public Administrations to certify that a precious metal object complies with the laws and regulations that apply to it.

Art. 22.

1. Official laboratories shall subject precious metal objects to a detailed examination of their manufacture and assembly and determine the "law" of their alloy.

2. The official laboratories shall mark the objects, when they are intended for commercial traffic within, in the manner determined by this Regulation. In case the test is requested for the sole purpose of information, the appropriate certificate shall be extended, but the objects shall not be marked with any contrast.

Art. 23.

1. Likewise, the competent authorities of the Public Administrations may declare as authorized for the contrast with the same powers as the officers, laboratories established by official Centers, collaborating entities or associations (a) non-profit making the appropriate guarantees of solvency and impartiality.

2. In such approved laboratories, the competent authorities of the Public Administrations shall designate an Interventor to monitor the manner in which the tests are conducted and the results of these tests shall be regularly checked.

3. Where appropriate safeguards are in place, the competent public administration may authorise the practice of tests and the subsequent testing of the guarantee in the laboratory of undertakings engaged in the manufacture of precious metal objects, where the latter complies with the requirements of paragraphs a and b, the latter referred to in his case, to the metal being processed, in Article 25.2. All operations shall be controlled by the official intervention determined by the Authorising Administration which shall be regularly checked for the results of these tests. The result of the analyses in the register-book referred to in Article 25.2 (c) shall always be recorded.

Art. 24.

1. The competent authorities of the Public Administrations shall inform the Ministry of Industry and Energy of the official laboratories at their disposal and of those authorized by them, who shall communicate it to the Ministries of Economy and Finance, Interior and Health and Consumer Affairs.

2. The Ministry of Industry and Energy shall assign to each laboratory the password that corresponds to its inclusion in each laboratory's own guarantee points, as provided for in Article 19.2 of this Regulation.

3. The test laboratories of precious metal objects, whether official or authorised, shall be adjusted, in respect of the time and requirements of reception and delivery of objects for examination and analysis, the formalisation of the records, the custody of objects and other details of its operation, the instructions of the competent bodies of the public authorities.

Art. 25.

1. It is for the competent authorities of the Public Administrations to determine the human and material resources to be counted by the official laboratories, as well as those required by the approved laboratories.

2. However, and as minimum requirements, the following shall be required:

a) A Head of Laboratory, a Chemical Analysis Specialist and a Scoreboard for Samples and Contratation with proven experience in the precious metals industry.

b) The precise equipment to perform, for gold and silver, the first analysis of the official methods determined in Articles 29 and 30 for each of these metals, as well as the precise tools for punching the Warranty contrasts.

(c) sealed and foliated records in which the number of units and the unit weight of each tested model are specified or, alternatively, duly controlled computer records, of which the relevant data is retained Written record.

3. Laboratories dealing with platinum objects shall also have the equipment necessary for the test and contrast of alloys of this metal.

Art. 26.

It is up to the Administration to allow the exercise of the Contrastation Laboratories to approve, where appropriate, the rates to be applied for the analysis and contrast of objects made of precious metals.

Art. 27.

The Management Bodies may have their own laboratories to control the traffic of precious metals or objects manufactured with them, and to apply their specific legislation, but they will not proceed to contrast to these objects unless they have the official laboratory or laboratory consideration authorized.

CHAPTER II

Testing and analysis

Art. 28.

For the determination of the "law" of platinum objects the Public Administrations shall authorize any of the following test methods:

a) Atomic absorption Spectrophotometry.

b) Spectrometry.

c) Gravimetry.

Art. 29.

For the determination of the "law" in gold objects, the Public Administrations shall authorize any of the following test methods:

a) Coping.

b) Potentiometry.

c) Gravimetry.

d) Volumetric analysis.

Art. 30.

For the determination of the "law" in silver objects, the Public Administrations shall authorize any of the following test methods:

a) potentiometric analysis.

b) Gay Lussac.

c) Volhard.

Art. 31.

In addition to the methods outlined for the official contrast of platinum, gold or silver objects, others may be used for the advancement of the technique to be determined by the Ministry of Industry and Energy.

Art. 32.

Abbreviated tests or "touchstone" shall not be of an official test character and may only be used as complementary, when the technique of checking a sample of a batch is followed, to objects not included in that batch. shows.

Art. 33.

1. The precious metal object test shall be performed on a part-by-piece basis, provided that it is unique objects.

2. In the case of objects of the same manufacturer and the Head of the official laboratory or the authorised laboratory controller responsible for the test, lots of similar objects may be carried out. The size of the sample shall be such that the laboratory considers sufficient to ensure the quality of the batch, in accordance with the criteria laid down by the competent authority of the Public Administration.

Art. 34.

1. The tests shall be carried out on samples of the objects in such a way as to cause the least technically possible deterioration of the objects. The laboratory shall return to the data subjects the remains of the verified tests if they so request, and shall compensate them, where appropriate, for the deterioration of the object, where the object's market value is appreciably diminished.

2. Notwithstanding the above, and in cases of serious doubt, the testing laboratories have the power to carry out tests that do not use the piece. In such a case and if the analysis results in the precious metal object complying with the laws and regulations, the laboratory shall be obliged to make the relevant payment in accordance with the billing value of the object.

Art. 35.

1. Where a precious metal object does not comply with the legal and regulatory standards, the testing laboratory shall proceed in accordance with Article 9 of this Regulation, unless the provisions of Article 36 are applicable. If the second "law" is not reached either, they will be rejected. In both cases, this circumstance shall be communicated to the competent authority of the Public Administration, to the effect that the possible infringement is assessed by the competent body.

2. When the tests are performed by sampling, the failure of the chosen sample shall involve rejection of the whole lot.

Art. 36.

In cases where the results of the test laboratory are not accepted, a new test shall be carried out within ten days, in the presence and with the participation of the expert appointed by the interested party and following, for each metal, the first of the official test methods. If the results of this second test differ from those of the first test, a final test of a leading character shall be carried out within a new period of 10 days, which shall be carried out with the guarantees established by the competent authority, and, in all case, with the participation of the interested party. You can also go to the National Mint and Timbre that will act as an arbitrator.

TITLE IV

For the manufacture of precious metal objects and manufacturers

CHAPTER FIRST

Industrial or craft manufacturers

Art. 37.

They are manufacturers of precious metal objects natural or legal persons who develop or promote activities included in the corresponding epigraps of the Tax License of Industrial Tax.

Art. 38.

1. Manufacturers of precious metal objects shall be required to provide due guarantees on the quality of their products. To this end, they shall require from their suppliers of raw materials or semi-annual certificates those certificates, marks and contrasts which sufficiently demonstrate their composition. In case of doubt, they may submit them for analysis in an official or approved laboratory.

2. They shall also be in possession of the manufacturer's identification points of origin corresponding to the objects in their production, which must have been duly authorised.

3. In no case will manufacturers mark with their contrast objects that have not been produced or controlled by themselves.

Art. 39.

The composition of the manufactured objects will be the same for all parts of each object with the exception, if any, of the welds. The "law" shall be uniform throughout the body of the law, or in any case higher than the minimum allowed as an officer, with the same previous exception.

Art. 40.

1. In the event of a change of ownership, the new holder may continue to use the same origin contrasts, once the transfer formalities established before the Industrial Property Registry, which will proceed to the notification provided in the Article 16.2.b. of this Regulation.

2. In case of loss of brand vigor, the origin punch may not be used as a contrast, so the objects marked with it will be considered as of unknown origin for the purpose of the warranty contrast.

Art. 41.

1. Repairs shall not be considered to be such as to result in the total or partial destruction of the marks of the mandatory stilettos, or to include an increase or replacement of the materials forming the part.

2. Objects that have undergone such transformations shall be rezoned with the manufacturer's mark and be subjected to a new contrast with the warranty punch.

Art. 42.

1. Establishments in which objects of precious metals are manufactured, whether industrial or craft, are subject to the inspection and surveillance provided by the competent bodies of the public authorities in whose field radiate for the purposes of this Regulation.

2. To this end, and in advance in their case to start their business, they must give an account to that Authority of the activity they develop or intend to develop.

CHAPTER II

Conditions and technical requirements for the manufacture of precious metal objects

Art. 43.

1. Silver objects may be covered, in whole or in part, with a golden bath of law or rhodium or other metals, in such a case, considered as silver, as long as the specifications of the silver are met.

2. A bath of rhodium or other metals may also be applied on the gold objects being, in such a case, considered as gold, provided that the specifications laid down for gold are met.

Art. 44.

Gold may be alloyed with other metals to obtain different colorations, such as "white gold", by alloy with palladium or nickel, "rose gold" and "red gold", owing, in any case, to maintain the proportion of gold in the alloy for any of the two official gold "laws" to be reached.

These alloys will be considered and contrasted as gold from the corresponding "law".

Art. 45.

1. The manufacture of objects containing some precious metals is permitted without reaching the established official "laws", but such objects must be marketed with the following names: "platinum of low alloy", " gold of low alloy "and" low alloy silver ".

2. Manufacture of metal-coated metal objects of precious metal, either by bath, which must be clearly referred to as 'platinum metal', 'gold metal' or 'silver metal', or by plating, to be used be referred to as 'platinum plated metal', 'gold plated metal' or 'silver plated metal', whichever is the 'law' of the coating.

Art. 46.

1. The objects referred to in the previous article shall not bear in the body of the object any contrast to those considered as compulsory, nor mark or signal which may lead to confusion with those objects.

2. In any case, the standardisation and approval provisions in force shall be observed.

Art. 47.

For the mechanical attachment of parts of an object of precious metals, screws or fasteners of industrial metals may be used, where technically precise, provided that they are clearly distinguished from metals by their appearance precious or marked with the word "metal" or with its abbreviation "mtl", where possible.

Art. 48.

1. In addition, the attachment of pieces of precious metal objects can be accomplished by employing a suitable weld.

2. The welding shall be of precious metal and shall be used strictly for the attachment of parts and in no case to increase the weight or to fill in a precious metal object.

Art. 49.

1. For the welding of platinum objects, alloys containing at least 995 mils of gold, silver, platinum or palladium shall be used.

2. Preferably the gold alloy of 750 thousandths with palladium shall be used.

Art. 50.

1. Gold alloys of the same law shall be used for welding in gold objects ' such objects.

2. However, for gold objects in filigree, as well as for watch boxes, of "law" 750 thousandths, alloys of 740 mils of gold shall be allowed.

3. For welding on 'white gold' objects the alloys shall contain at least 500 gold mils.

Art. 51.

1. For welding in silver "law" 925 milesimas, alloys with minimum content of 635 silver milesimas shall be allowed, provided that the "law" is not altered in the set of the piece.

2. For welding on silver "law" 800 thousandths, welds with a minimum content of 550 silver milesimas shall be allowed, with the same previous exception.

Art. 52.

The Ministry of Industry and Energy will be able to modify the minimum content of precious metal in the welding alloys according to the advances of the technique.

Art. 53.

Welds with non-precious metals can only be used in cases where, technically and because of the special nature of the work to be carried out, it is impossible to use precious metals, such as in parts anchorages. enamelled, lunas-mirror fixation, knives and analogues.

Art. 54.

1. For precious metal objects, industrial metals may be coupled where technically necessary and in particular:

a) Knife sheets and front parts of forks and spoons Sheets.

b) Watchmaking mechanisms, desktop objects, lighters and other similar articles.

c) Closing devices, pins, hinges, and analog parts.

2. These objects shall be checked on the part or parts of precious metal.

3. Precious metal parts shall be easily distinguished by their appearance of precious metals or by visibly embossed the "metal" contrast, or their abbreviation "mtl", when technically possible.

4. In no case shall these metal parts be welded to the precious metals, and they must be mechanically joined.

5. They shall also not be used to increase the weight or to fill in a precious metal object.

Art. 55.

1. The use of non-metallic materials, such as plaster, putty and plastic or similar materials, or lead, for the purpose of materializing joints or of conferring stability on objects made of precious metals and specifically for:

a) Join parts of industrial metals to other precious metals.

b) Filling funds from vessels, chandeliers, or the like to confer stability on them.

c) Fill cutlery handles.

2. Non-metallic materials shall not be coloured or coated to give them the appearance of precious metals.

3. If these materials are covered with a metal plate, the word "metal" or its abbreviation "mtl" must be engraved.

Art. 56.

1. Objects incorporating different precious metals may not be manufactured unless the requirements of this Regulation are met for each of them and are checked separately.

2. However, the following cases are excepted:

(a) The platinum parts are allowed for the articles in which the weight of the parts in gold represents more than 50 per 100 of the weight of all the metal parts, provided that such articles are marked with the "law" gold in the gold part, with the regulatory punches.

(b) The parts in gold or platinum are allowed for the articles in which the weight of the silver parts represents more than 50 per 100 of the weight of all the metal parts, provided that such articles are marked with the silver "law", in the silver part, with the regulatory punches.

TITLE V

From the inside trade of precious metal objects

CHAPTER FIRST

Commercial establishments

Art. 57.

It is considered precious metal object traders, for the purposes of this Regulation, all natural or legal persons who develop activities included in the corresponding epigrapes of the Tax License of Commercial and Industrial Activities.

Art. 58.

In the shops they will be exposed and stored properly identified and labeled at least in the official Spanish language of the State:

(a) Objects of precious metals falling within the scope of this Regulation.

(b) Objects which, still containing precious metals, do not comply, either by the "law" of their alloy or by their means of manufacture, the precepts of this Regulation. These objects will be sold identified as 'low alloy platinum', 'low alloy gold' or 'low alloy silver'.

c) Objects coated with a precious metal bath, whatever the "law" of the coating, which shall be identified and labelled as "platinum metal", "gold metal" or "silver plated metal".

d) Precious metal-plated objects, whatever the "law" of the veneer, and which will be identified and labelled as "platinum-plated metal", "gold-plated metal" or "silver plated metal".

Art. 59.

1. Traders of precious metal objects shall comply with the obligation to provide buyers with any information they request about those, in particular: the official alloy "law", the identity of the manufacturer and, where applicable, the official laboratory responsible for the mark of the guarantee contrast.

2. They must also be placed in a visible place of the establishment, for appropriate information from the buyers, a cartel-summary of the provisions of this Regulation, according to the model established by the competent bodies at the territorial level in which the commercial establishment is located. This summary must be drawn up, at least, in the official Spanish language of the State.

Art. 60.

Sale-buy houses and trade-related provisions for the use of precious metal objects shall comply with the requirements set out in the seventh title of this Regulation.

Art. 61.

The natural or legal persons engaged in the commercial activity of buying-selling and trading of used objects of precious metals may acquire these non-contrasted for their scrapping or casting, complying with the rules set out in the seventh title of this Regulation, but if they were intended for sale to the public again, they must be subject to the guarantee contrast in a testing laboratory.

Art. 62.

Precious metal objects from private individuals may be contrasted with the guarantee mark in a testing laboratory, with the accreditation of the identity of the transferor and the acquirer, provided for in Article 14 of this Regulation.

Art. 63.

Commercial establishments where precious metal objects are stored or commercial transactions are carried out with the same, are subject to the corresponding inspections in accordance with the provisions of the Royal Decree 1954/1983 of 22 June 1983 regulating infringements and penalties in the field of consumer protection and agri-food production.

CHAPTER II

Marking, tagging, presenting and advertising

Art. 64.

For the marketing of precious metal objects in the interior of the country, they must comply with the provisions of this Regulation and achieve the established official "laws" as well as carry out the contrasts mandatory.

Art. 65.

Precious metal objects may be marked with signs or marks of a commercial character, irrespective of the mandatory contrasts, provided that such objects cannot be confused with the mandatory make reference to the composition or "law" of the alloy of such objects.

Art. 66.

The objects of reduced size, or that due to the peculiarities of their design cannot be punctured with the obligatory contrasts, will be marketed, when technically possible, welding to these a plate of the same metal and the the same "law" previously marked with the contrasts of origin and warranty.

When it is not technically possible to be marketed under a label in which the metal "law" and the manufacturer's or importer's identification are included. The testing laboratory shall record this.

Art. 67.

1. In gold and silver objects which are exposed to the public for marketing, the "law" of the alloy shall be explicitly stated, under the expressions "first-law gold", "second-law gold", "first-law silver" and "silver" law ".

2. The platinum objects will be defined as "platinum of law".

Art. 68.

1. Objects containing precious metals in quantities less than the legal "laws" established may be marketed only if they bear labels in which they are given their name and the content of precious metal, expressed in thousandths.

2. Articles coated with precious metals, such as "plated" and "galvanised", may be marketed only with labels indicating their name followed by the metal and their "law", as well as the thickness of the coating in micron. In addition, it shall be stated if it is plated or electrolytic. In any case, the standardisation and approval provisions in force shall be observed.

3. For damasquinous objects, such as those of the type Toledo, Eibar or the like, made of precious metal inlays, the names of 'gold damasquinate' or 'silver damasquinate' may be used. In the case of imitations of this class of objects, the name of the metals used must be recorded, with the inclusion of the term "imitation of gold or silver".

4. The name or the name of the manufacturer or importer and in any case his address shall be indicated on the label of these objects.

Art. 69.

1. In no case may names which may be misleading, such as 'German gold', 'English silver', 'similor' or the like, be used, as well as trade marks which may lead to confusion with official contrasts.

2. However, in the case of marks already registered which cover objects other than precious metals in accordance with the requirements of this Regulation, for the placing on the market it shall be necessary to indicate that they are ' non-platinum objects, gold or silver ".

TITLE VI

Foreign trade in precious metal objects

CHAPTER FIRST

Import

Art. 70.

Importers of precious metal objects may be in possession of the corresponding importer punch in order to accredit the origin identification in the event that it is necessary and in the terms established in the the Law.

Art. 71.

1. In the event of a change of ownership the new holder may continue to use the same contrasts of origin, once the transfer formalities established before the Registry of the Industrial Property, which will proceed to the notification provided in Article 16.2 (b) of this Regulation.

2. In case of the loss of vigor of the mark, the punch of origin cannot be used as a contrast, so the objects marked with it will be considered to all effects as of unknown origin.

Art. 72.

For the placing on the domestic market of imported precious metal objects, it is required:

a) That the rules of this Regulation be fully complied with.

b) That, regardless of the contrasts with which the objects are marked by the country of origin, they are marked in destination with the punch of the importer and with the guarantee punch. After sealing the packages by the Customs Office, which may adopt other measures of guarantee which it considers appropriate, the importer shall present the objects for his punching in a testing laboratory.

The laboratory shall acknowledge receipt of the objects to the Customs office which authorised the operation, proceeding accordingly as determined by Articles 12, 22, 33, 34 and 35 of this Regulation.

Art. 73.

However, if there are agreements signed and ratified with other countries or supranational entities, they will be established in the same ones, not requiring, where appropriate, further contrasts to the reception of the objects covered by such conventions.

Art. 74.

1. Imports of precious metal objects shall be subject to inspection and surveillance corresponding to the competent services of the State Administration.

2. For this purpose and in advance, if necessary, to start their business, they must account for such services of the activity they develop or intend to develop.

Art. 75.

The temporary importation of precious metal objects, as referred to in Law 17/1985, shall be carried out, whatever their modality, in accordance with what is established in each case by the customs and commercial regimes without compliance with any other formality is required.

CHAPTER II

Export

Art. 76.

Objects of precious metals intended for export may be manufactured in any way that is their "law", in accordance with the requirements of the receiving country and without being placed on the market within.

Art. 77.

If any object for export is eventually returned from the country of destination for placing on the market within, it shall, in advance, comply with the requirements laid down in this Regulation.

Art. 78.

However, if there are agreements signed and ratified with other countries or supranational entities, it will be established in them, where appropriate, to mark the corresponding objects in the a guarantee contrast concept, with the mark that would have been accepted in those conventions.

TITLE VII

Of the performances that are developed and the conditions that are imposed for security reasons

CHAPTER FIRST

General Character Briefings

Art. 79.

The different ministerial departments and competent bodies of the public administrations will establish ordinary channels of mutual communication, which will allow for the global collection, systematization, processing and use of data relating to the manufacture, contrast and marketing of objects made of precious metals.

Art. 80.

The testing laboratories shall communicate to the Provincial, Local or District Commissaries of the Police or, where appropriate, to the Commanders or Posts of the Civil Guard:

(a) Punching with a guarantee contrast of precious metal objects, when they come from pawn houses or from sales houses, in the same way as when they are to be auctioned and do not have the consideration of or when they are to be checked, in accordance with the provisions of Article 14 of this Regulation.

(b) Assumptions in which precious metal objects, as referred to in Article 35, do not comply with the laws and regulations applicable to them, for the purposes of carrying out investigations which are precise.

(c) The assumptions referred to in Article 34.2 of this Regulation, in which the laboratories have reasonable doubts as to possible irregularities.

Art. 81.

Without prejudice to subsequently giving the procedure corresponding to the competent bodies of the various Public Administrations, the Services and Units that are dependent on the Directorates General of the Police and the Civil Guard receive any complaints submitted to them by users or consumers of objects made of precious metals, in relation to non-compliance with the provisions of this Regulation.

Art. 82.

In accordance with the provisions of the second and third provisions of Law 17/1985, for the performance of the functions entrusted to them, the Units or the Operating Services and the Agents that are dependent on the Directorates-General of the Police and the Civil Guard may carry out the inspection visits they consider relevant and shall lift the corresponding records in the establishments engaged in storage or marketing, interior or outside, of objects made of precious metals.

Art. 83.

The official laboratories and the authorized laboratories must carry out analyses and studies and evacuate the corresponding reports that are interested by the Judges and Courts and by the Directorates-General of the Police and the Civil Guard.

Art. 84.

The competent authorities of the Public Administrations which have knowledge of acts allegedly criminal or constitutive of offences, whose knowledge does not correspond to them, shall give the same to the Services o Units dependent on the Directorates-General of the Police and the Civil Guard, in order to carry out complementary investigations in the form prevented in the following article.

Art. 85.

Whenever the members of the State Security Forces and Corps have knowledge of the commission of violations against the provisions of Law 17/1985 on objects made of precious metals, or in the present Regulation, they shall make the corresponding denunciation to the competent organs of the Public Administrations, without prejudice to proceed, in respect to the facts, to the persons and the objects involved, in the form prevented in the Law of Procedure Criminal, where such facts shall present criminal characters.

Art. 86.

In any case, the Services or Units that are dependent on the Directorates-General of the Police and the Civil Guard will collaborate actively with the competent organs of the Ministries of Economy and Finance, Industry and Energy and Health and Consumer Affairs, in the instruction of the corresponding sanctioning files, carrying out the investigative actions that are entrusted to them.

CHAPTER II

Trade and recycling of used objects containing precious metals in their composition

Art. 87.

Sales houses, pawn houses or loans and, in general, those who engage in the trade of used gold, silver or platinum objects, with or without precious stones or fine pearls, must communicate to the civil governors o Delegates of the Government in the uniprovincial Autonomous Communities, the commencement and cessation of their activities, fulfilling all the requirements of the Iegislation in force for the exercise of those activities and being discharged under the heading or Corresponding epigraps of the Tax License of Industrial Tax.

Art. 88.

They are considered to be included in the activities referred to in the previous article, all of which constitute the transfer of used objects, in the composition of which enter precious metals, whatever the form of the operation, persons who are involved and who come from or to the destination of such objects, including, expressly, those for sale and loans and, in particular, the commercial operations carried out by the Montes de Piedad, granting loans with guarantees on gold, silver or platinum objects.

Art. 89.

You should also observe what is set out in this chapter:

(a) With respect to objects of the indicated nature which receive the holders of the establishments with order of sale, either in deposit or for exhibitions and auctions.

(b) In respect of used objects of precious metals that may be purchased by jewelry or silverware establishments in exchange for other purposes, provided that they meet the legal requirements for the exercise of such activities.

c) With respect to objects, new or used, made of precious metals that are disposed of in exchange for other objects of the same new or used nature.

Art. 90.

1. The sale or exchange houses may acquire precious metal objects, not contrasted, for scrapping or casting, but, if they are intended for sale or change to the public, they shall, in advance, be subject to the guarantee contrast, in an official or approved laboratory.

2. The Montes de Piedad and the pawn or loan houses may have in their possession objects of uncontrasted precious metals for as long as they remain in garment, but if they proceed to dispose of such objects, they must also submit them, prior to the warranty contrast in the official or authorized laboratory.

3. However, such establishments may not acquire objects of precious metal fractured, crushed or in physical condition such that their identification is impossible for the deformations to which they have been subjected.

Art. 91.

The holders of the activities referred to in the articles of this chapter must carry a book-record, foliated and sealed in all its sheets by the corresponding Superior Chief or Police Commissioner, in which, by correlative order and without interruption of continuity, shall settle all operations carried out, including:

The date of the operation.

Name, last name, address and number of the national identity card of the data subject or data subject.

Class and weight of metal of the object in question, and if it contains precious stones, the carat weight.

Review of official contrasts, if any.

Price paid.

Review, if any, of the pawn ballot.

Date of the object or object's disposal.

Art. 92.

Likewise, the persons referred to in the articles of this chapter will have to deliver weekly in the Superior Chief or Police Commissioner, subscribed by them. photocopy of the books of the said book-register, which are completed during the corresponding week, or part, also, signed in which its contents are transcribed.

Art. 93.

The affected persons or establishments are obliged to retain in their possession the objects acquired or received within a period of 15 days from the date of the presentation of the photocopy of the folios or the part of the the respective operation, and in no case shall they be able to dispose of such objects within that period, unless the corresponding police dependency expressly allows the availability of the pieces for being accredited and proven the origin Iegitima of the same.

Art. 94.

1. The recycling industries, foundries and manufacturers using the objects referred to in this Chapter may only acquire objects containing precious metals in their composition to silverware and jewellery stores or to the sale of goods which they fulfil. the requirements for regulation, in accordance with the provisions of Article 87.

2. The industries referred to in the preceding number, notwithstanding the provisions laid down therein, may carry out commercial activities with used objects containing precious metals in their composition, provided that they comply with the requirements laid down in Article 87.

Art. 95.

The industries and workshops mentioned in the previous article must carry a record-book to settle all the operations performed, whose seats will have to present, monthly, photocopied or transcribed and signed, in the corresponding police dependency. In the record-book they shall record. Name of the seller, number of the national identity card or Tax Identification number, number of its Tax License, quantity acquired and, if it is the established gender, "law" in thousandths of the same.

Art. 96.

The scrapping or casting of the objects referred to in this Chapter, in order to sell them in the form of ingots or other analogous ones, shall require prior communication, seven days in advance, to the Chief Office or Commissioner of Corresponding police, by means of printed form, according to model approved by the Ministry of the Interior.

Art. 97.

Recycling industries or workshops will only be able to market their production through those who have the consideration of precious metal object manufacturers and meet the requirements set out in Chapter I of the Title IV of this Regulation.

Art. 98.

1. The officials of the Higher Police Corps may inspect the Register-books, as well as the goods covered by the trade and industry, by checking the seats made with the goods in the establishments the results of which shall be drawn up, giving the person concerned a copy.

2. In the practice of such inspections, the owners of the establishments shall be obliged to provide their collaboration and to provide the relevant data required for them.

Art. 99.

The owners of the establishments, as referred to in this Chapter, are obliged to keep the necessary records at the disposal of the judicial or administrative authorities for a period of five years, count from the date on which the use of each of them ends.

TITLE VIII

Violations and penalties

ONLY CHAPTER

Art. 100.

1. Infringements of the provisions of Law No 17/1985 and of this Regulation shall be subject to the administrative penalties concerned, subject to the instruction of the appropriate file processed in accordance with the procedure laid down in Article 133. to 137, both inclusive, of the Law of Administrative Procedure, without prejudice to the civil, criminal or other responsibilities that may arise.

2. In no case will there be a double penalty for the same facts and on the basis of the same protected public interests, although other responsibilities should be required to be deducted from other events or concurrent infringements.

3. Where the sanctionable event may constitute a crime or a failure to be known to the judicial authority, the Administration shall refrain from any action sanctioning it, which may only initiate, or, where appropriate, continue when the Criminal proceedings shall be terminated by an absolute judgment or other decision which terminates, provisionally or definitively, without a declaration of criminal liability, provided that they are based on grounds other than the non-existence of the fact. However, the measures that would have been taken to safeguard the health and legitimate interests of consumers, or the security of transactions, shall be maintained as long as the judicial authority decides on them.

Art. 101.

1. It is for the public authorities to assess the seriousness of the infringements, taking into account the nature and importance of the infringements, the market position of the infringer, the amount of benefit obtained, the degree of intentionality and generalisation of the violation.

2. Infringements committed in the field of customs shall be governed by their specific rules.

3. The infringements and their corresponding penalties shall be in accordance with the provisions of Law 17/1985.

Art. 102.

In any case, minor infractions will be considered:

a) The marking with the expression of "laws" whose determination corresponds to the guarantee points.

b) The use of expressions that adjective the name of precious metals, regardless of those authorized in Law 17/1985 and in this Regulation.

c) Non-compliance with time limits on temporary import.

d) The lack of separation in the shops between objects of precious metals and those of low alloy or the precious metal coated.

e) The deficiencies in the documentation or in the communication of information required for reasons of citizen security, as well as the omissions of the information due to the consumer.

(f) Those which, by negligence, infringe the regulatory requirements for the manufacture, import or marketing of precious metal objects.

These violations will be punishable by penalties of up to 500,000 pesetas (Article 17.2 of Law 17/1985).

Art. 103.

Serious violations will be considered:

a) The recidivism at a slight lack.

b) The presentation to contrast of objects of "laws" below the minimum admissible.

c) Impropriety or fraudulent filling of precious metal objects with other lower "laws", with industrial metals or other materials.

(d) The placing on the market within the country of precious metal objects without the contrasts laid down in Law 17/1985 and in this Regulation.

e) The omission of the documentation or the communication of data and information and the failure to comply with the requirements for citizen security reasons.

(f) Those who are in the spirit of fraud infringe the regulatory requirements for the manufacture, import or marketing of objects made of precious metals.

These infringements will be punishable by penalties of up to 2,500,000 pesetas, and may exceed that amount until the value of the products covered by the infringement is increased (Article 17.3 of Law 17/1985).

Art. 104.

Serious violations are considered:

a) The recidivism in severe foul.

b) The falsification of warranty punches.

c) The use of unauthorized source identification punches.

d) The abusive use of welds or their use as a filler.

(e) Those which imply that they have systematically dispensed with the regulatory requirements for the manufacture, import or placing on the market of precious metal objects.

These violations will be punishable by penalties of up to 100,000,000 pesetas, which may exceed that amount until the value of the products covered by the infringement is increased (Article 17.4 of Law 17/1985).

Art. 105.

The limits of the fines, as referred to in the previous articles, may be reviewed by the Government taking into account the variation of the Index of Consumer Prices (Article 17.5 of Law 17/1985).

Art. 106.

1. The authority to which the file is to be resolved may, as an ancillary sanction, agree to the confiscation of the fraudulent, unidentified or non-offering goods for the consumer (Article 17.6 of Law 17/1985).

The costs of transport, distribution, destruction, etc., of the goods referred to in the preceding paragraph shall be on behalf of the infringer.

2. Where necessary, or in the case of very serious infringements, the temporary or final closure of the responsible establishment may also be agreed (Article 17.6 of Law 17/1985).

3. The opening and instruction of files shall be carried out by the Ministries of Economy and Finance, the Ministry of the Interior, Industry and Energy and Health and Consumer Affairs in the field of their competence, in accordance with the provisions of Law 17/1985. The imposition of penalties shall correspond to the holders of the abovementioned departments and to the Council of Ministers where the amount of the penalties exceeds 2 500 000 pesetas and, where appropriate, the Autonomous Communities in the field of their respective departments. competencies.

Art. 107.

The closure or closure of establishments or facilities that do not have the necessary authorisations or records, or the suspension of their operation until the defects are rectified or are not subject to any penalty comply with the requirements for safety reasons, nor the withdrawal from the market, precautionary or final, of products or goods for the same reasons.

Art. 108.

Administrative infringements of the provisions of this Regulation prescribe at three years and the corresponding penalties imposed by virtue of a firm resolution at four years (Article 18 of Law 17/1985).

ANNEX I

Acronyms of the laboratories in the marks of the warranty punches

Andalusia: A.	Extremadura: E.
: AR.	Galicia: G.
Asturias: AS.	La Rioja: R.
Baleares: B.	Madrid: M.
Canarias: CS.	Murcia: MU.
Cantabria: CA.	Navarra: N.
Castilla-La Mancha: CM.	Basque Country: PV.
Castille-Leon: CL.	Valencia: V.
Catalonia: C.

ANNEX II

Design of the marks of the warranty punches in accordance with the provisions of

4.