In accordance with the provisions of article 93 of the Spanish Constitution, the organic law 10/1985, 2 of 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 constitutive treaty of the European Community of coal and steel.
Article 2 of the Act relating to the conditions of accession and the 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 communities before accession shall be binding on 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 obliges the new Member States to give effect to the measures that are necessary to comply, from the time of accession, the provisions of directives and decisions defined in article 189 of the EEC Treaty and article 161 of the EAEC Treaty, as well as of the recommendations and decisions set out in article 14 of the ECSC Treaty unless it is intended to be a term in the list figure in annex XXXVI or in other provisions of the Act.
In the field of Metrology is obliged to adapt the internal Spanish legislation the content of directives 71/316/EEC, on instruments of measures and methods of metrological control, and 80/181/EEC, units of measurement, as they have been modified and completed, corresponding to the State, by constitutional mandate, the exclusive competence to legislate in the field of weights and measures.
Use of the power delegated in the Government by law 47/1985, of 27 December, Bases of delegation to the Government for the implementation 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 of June 28, 1986, D I S P O N G O: article 1 article 2 of law 3/1985, of 18 March, metrology, will be replaced by the following provisions : «Art 2nd: 1.» Legal units of measurement are the basic units of supplementary and derived from the system international units (SI), adopted by the General Conference of weights and measures and in force in the European economic community.
2. the basic units are: magnitude name of the unit symbol length metre m mass kilogram kg time second s electric current ampere A temperature thermodynamics Kelvin K amount of substance Mole mol luminous intensity candela cd 3. «Definitions of units, their names and symbols, as well as the rules for the formation of its multiples and submultiples, are those of the international system of units, and they 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.»
Article 2 article 3 of law 3/1985 is replaced by the following provisions: «Art 3rd: 1.» The Government, by Royal Decree, may declare additional basic, derived units adopted legal use in Spain, or that are in the future, by the General Conference of weights and measures to the needs of international trade outside the scope of application of the Community rules.
2. the Government may also authorize, also by Royal Decree, the use of certain units not basic and not included in the international system of units, and the figures or coefficients dimensionless physical judged to be essential for certain measurements outside the scope of application of the Community rules. These units must interact directly with those of the international system."
Article 3 article 5 of law 3/1985 is replaced by the following provisions: «Art 5: 1.» Legal system of units of measurement is mandatory in the entire territory of the Spanish State.
2. it is forbidden, under reservations established in article 3, use units of measure other than the legal, for measurement of magnitudes units, in the fields of economic activity, health and public safety, as well as legal acts and administrative activities.
However, this prohibition does not affect the field of maritime and air navigation and railway traffic, which allowed units other than those set out in article 2 of this law that are laid down by conventions or international agreements between the European Economic Community or Spain.
3. the educational system will incorporate the teaching of Legal units of measure system to the level matching.
4 the use of units of measure not included in article 2 of this law is authorized: to) 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 substitute parts or parts of products and equipment covered by the preceding paragraph.
This authorization does not apply to indicators measuring instruments which must be graduates in legal units devices.
5 there will be supplementary indication when an indication expressed by a unit of the 2nd and 3rd articles accompanied by one or more indications expressed in units not included in the above-mentioned articles.
The use of supplementary indications is authorized until 31 December 1989.
However, by Royal Decree may require is that in measuring instruments containing indications of magnitude in a single unit of legal measure.
The indication expressed in units of measurement belonging to the 2nd and 3rd articles, shall be predominant. The indications expressed by the units of measurement that are not listed in the above-mentioned articles should in particular be expressed in characters in dimensions at most equal to the character of the corresponding indication of the units belonging to the above-mentioned articles.»
Article 4th regardless of control regulated in chapter III of the law 3/1985, of 18 March, metrology, creates a metrological control special effects in the area of the European economic community, known as metrological Control CEE, which shall be governed by regulation. It shall apply, if control equipment is available by the State to allow it, to measuring instruments and methods of metrological control regulated by a directive of the European economic community.
Article 5 so that the Spanish State to verify that measuring instruments or methods of control provided with EEC signs or marks, to use them, are adequate to the objectives that were envisaged, the importer of such instruments or methods of control will be obliged to notify the registry of metrological Control of them entry into Spanish territory not later than ten working days of that entry.
Article 6 1. Offences committed in the exercise of activities included in the control Metrológico CEE will be object of administrative penalty, without prejudice of responsibilities in civil, criminal or other that can attend.
2. in no event will occur a double sanction for the same acts and the same protected public interests, while the other responsibilities that are deducted from other events or concurrent offences shall be required.
3 shall be regarded as offences the following actions and omissions: to) use units of measure not legally authorized.
(b) circumvent controls measurements established in regulatory control Metrológico CEE standard or the laid down for each category of instrument or method of metrological control and metrological.
((c) the omission, within the timescale of the notification by the importer referred to in article 5 d) refuse or obstruct the Inspector action of the staff who has practice performances of metrological control.
(e) the use on instruments of marks or inscriptions which might cause confusion regarding the signs marks or EEC.
(f) the non-compliance by the beneficiary of an EEC approval of model of the obligation to inform the body which granted any modification or mesh in the instrument which was approved.
4. infringements will be penalized in accordance with the numbers 4 to 8, inclusive, article 13 of the Act 3/1985, metrology, and pursuant to the rules of procedure to be determined by regulation.
7th No article shall apply to measuring instruments and methods of metrological control under the control Metrológico CEE the following precepts of law 3/1985: to) article 6 for measuring instruments bear EEC signs or marks.
(b) article 7(1) to import, marketing and use of measuring instruments fitted with trademarks and/or signs CE.
(c) article 8(1) for the importation, marketing, repair or transfer in lease of measuring instruments fitted with trademarks and/or signs EEC.
(d) article 8.2 for the trademarks and/or signs EEC instruments.
(e) article 9 for prepacked products and machinery regulated by a particular community policy.
Article 8 the fee for the provision of metrological control in accordance with the legal regime established for the metrological control of the State in the first of 3/1985, of metrology law additional provision shall apply to control metrological CEE created by article 4th of this legislative decree.
Article 9 the legal regulation of Metrology will be of supplementary application to the corresponding control metrological CEE created by the present Legislative Decree.
PROVISION REPEALING is repealed the first law 3/1985, March 18 transitional provision of metrology.
FINAL provision this Royal Decree shall enter into force the day after its publication in the «Official Gazette».
Given in Madrid on June 28, 1986.
JUAN CARLOS R.
The Minister of the Presidency, JAVIER MOSCOSO of meadow and MUÑOZ