According to the provisions of Article 93 of the Spanish Constitution, the Organic Law 10/1985, of 2 August, authorized the ratification by the Kingdom of Spain of the Treaty made in Lisbon and Madrid on June 12, 1985, concerning the accession of the Kingdom of Spain and Portugal to the European Economic Community and the European Atomic Energy Community, as well as the accession of the Kingdom of Spain to the Treaty establishing the European Coal and Steel Community.

Article 2 of the Act concerning the Conditions of Accession and Adjustments to the Treaties provides that from the time of accession the provisions of the original Treaties and the acts adopted by the institutions of the The Communities before accession shall bind the new Member States and shall apply in those States under the conditions laid down in those Treaties and in the Act.

For its part, Article 395 of the Act requires the new Member States to bring into force the measures necessary to comply with the provisions of the directives and decisions laid down in the Treaty from the time of accession. Article 189 of the EEC Treaty and Article 161 of the EAEC Treaty, as well as of the recommendations and decisions laid down in Article 14 of the ECSC Treaty unless a time limit is provided for in the list set out in Annex XXXVI or in other provisions of the Act.

In the field of Metrology, it is necessary to adapt the Spanish internal legislation to the content of Directives 71 /316/EEC, on instruments of measurement and methods of metrological control, and 80 /181/EEC, on units of measurement, such as and as they have been modified and completed, corresponding to the State, by constitutional mandate, exclusive competence to legislate in the field of weights and measures.

In the use of the power delegated to the Government by Law 47/1985 of 27 December, of Bases of Delegation to the Government for the application of the Law of the European Communities.

According to the Council of State, on a proposal from the Minister of the Presidency and after deliberation by the Council of Ministers at its meeting on 28 June 1986,

D I S P O N G O:

Article 1. º

Article 2 of Law 3/1985 of 18 March of Metrology will be replaced by the following provisions:

" Art 2. º:

1. Legal units of Measure are the supplementary and derived basic units of the International System of Units (SI), adopted by the General Conference of Pesos and Measures and in force in the European Economic Community.

2. The basic units are:

Magnitude

mol

mol

Unit Name	Symbol
Length	metro	m
Masa	Kilogram	kg
Time	second	s
Intensity of electrical current	ampere	A
thermodynamic temperature	Kelvin	K
			mol
candela

3. The definitions of the units, their names and symbols, as well as the rules for the formation of their multiples and submultiples, are those of the International System of Units, and will be established by the Government, by Royal Decree, in accordance with the Agreements of the General Conference of Weights and Measures and the rules of the European Economic Community. "

Art. 2. º

Article 3 of Law 3/1985 is replaced by the following provisions:

" Art 3. º:

1. The Government, by Royal Decree, may declare the basic units, additional derivatives adopted, or that are in the future, of legal use in Spain, by the General Conference of Pesos and Measures for the needs of international trade. the scope of application of Community rules.

2. The Government may also authorise, by Royal Decree, the use of certain non-basic and non-essential units in the International System of Units, and of the quantities or coefficients without physical dimensions to be judged essential for certain measures outside the scope of Community rules. These units should be directly related to those of the International System. "

Art. 3. º

Article 5 of Law 3/1985 is replaced by the following provisions:

" Art 5. º:

1. The Legal System of Units of Measure is of compulsory use throughout the territory of the Spanish State.

2. It is prohibited, under the reservations set out in Article 3. º, to employ units of measure other than legal units, for the measure of the measures, in the fields of economic activity, health and in the field of public security, as in legal acts and administrative activities.

However, this prohibition does not affect the field of sea and air navigation and traffic through the railway, where units other than those laid down in Article 2 of this Law are allowed to be by international conventions or agreements linking the European Economic Community or Spain.

3. The education system will incorporate the teaching of the Legal System of Measure Units to the appropriate level.

4. The use of units of measurement not covered by Article 2 of this Law is hereby authorised:

(a) For products and equipment already on the market or in service on the date of entry into force of this provision.

b) For parts and parts of products and equipment necessary to complete or replace parts or parts of products and equipment covered by the previous paragraph.

This authorization is not applicable to the measuring devices for measuring instruments that must be graduated in legal units.

5. An additional indication shall be provided where an indication expressed by a unit of Articles 2 and 3 is accompanied by one or more indications expressed in units not listed in the said Articles.

The use of supplementary indications is authorised until 31 December 1989.

However, by Royal Decree it may be required that the measuring instruments contain the indications of magnitude in a single unit of legal measure.

The indication expressed in units of measure belonging to Articles 2 and 3 must be predominant. The indications expressed by the units of measurement not listed in the above Articles must in particular be expressed in characters of dimensions at most equal to the characters of the corresponding indication of the units belonging to the aforementioned articles. "

Art. 4. º

With the independence of the control regulated in Chapter III of Law 3/1985, of 18 March, of Metrology, a special metrological control is created, with effects in the field of the European Economic Community, called Control EEC metrology, which shall be regulated. It shall apply, if the control equipment available to the State so permits, to measuring instruments and methods of metrological control regulated by a specific Directive of the European Economic Community.

Art. 5. º

In order to enable the Spanish State to verify that the measuring instruments or control methods fitted with marks and/or EEC signs, when used, are suitable for the intended purpose, the importer of such instruments or control methods shall be required to notify the Metrological Control Registry of the entry of the same in Spanish territory not later than 10 working days following that entry.

Art. 6. º

1. Any infringements committed in the exercise of activities covered by the EEC Metrological control shall be subject to administrative penalties, without prejudice to the civil, criminal or other responsibilities which 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. The following actions and omissions shall be taken into consideration:

a) Use legally unauthorized units of measure.

(b) Circumvent the metrological controls and measurements laid down in the regulatory standard of the EEC Metrological control or in those given for each mode of instrument or method of metrological control.

(c) The omission, within the prescribed period, of the notification by the importer referred to in Article 5.

(d) Refusal or obstructing the action of the personnel to perform metrological control actions.

e) Use of the instruments of marks or inscriptions which may cause confusion with regard to EEC signs or marks.

(f) The default by the beneficiary of an EEC Model Approval of the obligation to inform the Agency that it has granted it any modification or coupling made to the instrument on which the approval has been granted.

4. The infringements shall be sanctioned in accordance with the provisions of Article 13 of Law 3/1985, of Metrology, in accordance with the provisions of Articles 4 to 8, and in accordance with the rules of procedure to be determined.

Art. 7. º

They shall not apply to measuring instruments and methods of metrological control subject to the EEC Metrological control the following precepts of Law 3/1985:

(a) Article 6 for measuring instruments provided with marks and/or EEC signs.

(b) Article 7.1 for the import, placing on the market and use of measuring instruments provided with marks and/or EC signs.

(c) Article 8.1 for the import, placing on the market, repair or lease of measuring instruments provided with marks and/or EEC signs.

(d) Article 8.2 for instruments bearing EEC marks and/or signs.

(e) Article 9 for pre-packaged products and machinery regulated by a particular Community Directive.

Art. 8. º

It will be applicable to the EEC Metrological control created by Article 4. º of this Legislative Decree the rate for the provision of metrological control services according to the legal regime established for the metrological control of the State in the first provision of Law 3/1985, of Metrology.

Art. 9 °

The legal regulation of Metrology will be of application to the corresponding to the Metrological control of the EEC created by this Legislative Decree.

REPEAL PROVISION

The first transitional provision of Law 3/1985, of March 18, of Metrology is repealed.

FINAL DISPOSITION

This Royal Legislative Decree will enter into force the day after its publication in the "Official State Gazette".

Given in Madrid to June 28, 1986.

JOHN CARLOS R.

The Minister of the Presidency,

JAVIER OSSO DEL PRADO Y MUÑOZ