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Law 3/1985, Of 18 March, Metrology.

Original Language Title: Ley 3/1985, de 18 de marzo, de Metrología.

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TEXT

JOHN CARLOS I

KING OF SPAIN

To all who present it and understand,

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

By constitutional mandate, the State is assigned the exclusive competence to legislate in the field of weights and measures, as well as for the determination of the official time in Spain. The old concept of "weights and measures" has been replaced, in new legislation, by the "metrology", as it was already collected in the first International Document of the International Organization of Legal Metrology, called " Law of Metrology ", to which Spain is attached.

Until our days, all the Laws of Pesos and Measures enacted in Spain in the years 1849, 1892 and 1967 had, fundamentally, the purpose of establishing and defining a certain system of units. At present, the basic legislation of the State is constituted by Law 88/1967, of 8 November, and by the last Regulation for the implementation of the Law of Pesos and Measures of 1892, approved by Decree of 1 February 1952. The gap that has occurred in the legislative field in relation to the current problem in the field, due to the increasing progress of science and technology, industrial development and the intensification of commercial transactions, At both national and international level, it makes it necessary to harmonise metrological action in a new context, in order to achieve the level of efficiency of the industrialized countries.

In this new law, the legal units of measure, their materialization and the obligation of their use, are determined in accordance with the agreements of the General Conference of Pesos and Measures (Sèvres), of which Spain is founder member.

State metrological control is established, in order to ensure the correctness and accuracy of the measures, to collaborate, through the control of biomedical instruments, to the protection of health and safety The European Commission has also been involved in the fight against fraud. For the first time, it devotes special attention to the metrological control of prepackaged products, in line with the recommendations of the International Committee of Legal Metrology, which have already had their normative reflection in other legislation. foreign, who have been dealing with the problem for years.

The national metrological activity is unified, correcting the existing functional dispersion through the concentration of the State metrological competencies in the Ministry of the Presidency, according to the recommendation of the International organization of Legal Metrology. In turn. creates, with the character of the government's superior body in the field of scientific, technical, historical and legal metrology, the Superior Council of Metrology.

The regime of infringements and sanctions constitutes the last paragraph of the Law, expressly establishing the preventive kidnapping, or sealing of the instruments or apparatus of measure in case of infringement, subject to the decision which, in short, the administrative or judicial authority adopts.

Finally, the final, transitional and additional provisions, together with the stringency clauses, include the necessary forecasts for the economic and financial regime of the public metrology service and the security measures taken for the safeguarding of cultural heritage in the metrological domain.

CHAPTER FIRST

Object of Law

Article first.

This Law aims at the establishment and application of the Legal System of Units of Measure, as well as the fixing of the principles and general rules to be adjusted by the organization and the regime. legal activity in the metrological activity in Spain.

CHAPTER II

Legal units of measurement, materialization, and obligation to use them

Article 2.

1. Legal units of Measure are the basic, supplementary and derived units of the International System of Units (SI), adopted by the General Conference of Weights and Measures.

2. The basic units are:

Magnitude

Power Intensity

mol

mol

Unit name

Length

metro

m

Mase

kg

kg

kg

second

ampere

A

thermodynamic temperature

K

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.

Third item.

1. The Government, by Royal Decree, may declare in Spain the basic, derivative and supplementary units that in the future will be adopted by the General Conference of Pesos and Measures.

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 measurements. These units should be directly related to those of the International System.

Article 4.

1. The procurement, conservation, development and dissemination of the basic units is the responsibility of the State and will be carried out taking into consideration the scientific and technical recommendations derived from international agreements signed by Spain.

2. In order to comply with the provisions of the preceding paragraph, the organs of the State Administration in the field of metrology may conclude cooperation and collaboration agreements with public and private entities, in any event the management and coordination of the relevant work.

3. The patterns of the basic units declared as such, guarded, preserved and maintained by the State, shall be the national patterns from which all others shall be derived.

4. The authorities of the State Administration in the field of metrology shall establish the calibration chains, and may, under the conditions laid down in regulation, confirm the patterns available to the public laboratories and private and give official character to the comparisons with which they are made.

Article 5.

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

2. Except as provided for in the second paragraph of Article 3, in all official provisions and actions, commercial transactions, private transactions and documents and advertising activities in which physical quantities are expressed, shall be The use of the units of measurement determined in the second article is mandatory.

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

CHAPTER III

State metrological control

Article 6.

All objects and elements of application in metrology are subject to metrological control of the State, as well as the measurements that are regulated.

Item seventh.

1. In the interests of safety, the protection of the health and the economic interests of consumers and users, instruments, apparatus, means and systems of measurement which serve to weigh, measure or count, may not be manufactured, imported, placed on the market or employees until they have exceeded the metrological control set out in this Law and in the provisions for the application of this Law.

2. The metrological control provided in the preceding paragraph may include:

a) Model approval.

b) The primitive verification.

c) Verification after repair or modification.

d) The periodic verification.

e) Surveillance and inspection.

3. The mode and scope of the applicable control shall be determined in each case.

4. In accordance with the provisions of the Statute of Autonomy, the stages of the implementation of the metrological checks referred to in points (c), (d) and (e) of paragraph 2 of this Article may be carried out in accordance with the provisions of this Article. technical and coordination guidelines identified by the State Administration, by the services of the Autonomous Communities or, where appropriate, by the Councils, in accordance with their specific powers.

5. The authorities of the State Administration or, as the case may be, those of the Autonomous Communities referred to in the preceding paragraph, are recognized as valid throughout the territory of the State. All of these will be endorsed by the distinctive mark to be determined.

Article 8.

1. Persons or entities intending to manufacture, import, market, repair or lease the instruments, apparatus, means and systems of measure referred to in Article 7 shall have to apply for and obtain their registration in the Register of Metrological Control, in the cases and conditions that are determined to be determined.

2. The importation for the purposes of marketing in Spain of the said products will require the foreign manufacturer to appoint a technical representative with residence in Spain.

Article ninth.

Prepackaged products must meet the conditions set out in the relevant metrological regulations on the control of the mass or volume of their contents.

The same requirements shall be attached to the machinery used for pre-packaging.

Article ten.

For the exercise of the functions established in this Chapter, public entities and private companies are obliged to allow the access of the inspector personnel to the places, vehicles and facilities where the control Metrology should be carried out and facilitate the practice of the operations required.

CHAPTER IV

Functional structure

Item eleven.

1. As a higher advisory and coordination body in the field of Scientific, Technical, Historical and Legal Metrology, the Superior Council of Metrology is created, which will have an inter-ministerial character and in which, at the initiative of its respective organs of government, representation of the local and regional administrations will be integrated.

2. The composition, organic and functional structure and the operating system of the Higher Council of Metrology will be determined by Royal Decree agreed upon proposal of the Ministry of the Presidency.

Article twelve.

The powers which, in accordance with this Law, correspond to the State Administration shall be exercised by the Ministry of the Presidency, or on a proposal thereof, without prejudice to the provisions of the previous Article and of functions which, by reason of their specific competence, have to be developed by other ministerial departments.

CHAPTER V

Violations and Sanctions Regime

Article thirteen.

1. Any infringements committed in the exercise of the activities covered by this Law shall be subject to administrative sanctions, 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. The following actions or omissions shall be taken into consideration:

a) Use units of measure not authorized in accordance with the provisions of this Law.

b) Circumvent the metrological controls and measurements established in this Law and the regulatory standards for the development of the Law.

c) Failure to comply with obligations relating to registration in the Metrological Control Register.

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

4. The infringements shall be classified as minor, serious and very serious, taking into account the health risk criteria, the position in the market of the infringer, the amount of benefit obtained, the degree of intentionality, the seriousness of the social change produced, generalization of the violation and recidivism.

5. Minor infringements will be punishable by a fine of up to 500,000 pesetas: the serious ones with a fine of 500,001 to 2,000,000 pesetas, and the very serious ones, with a fine of 2,000,001 to 10,000,000 pesetas.

6. The fines exceeding 2,000,000 pesetas shall be agreed upon in the Council of Ministers, the lower of which shall be imposed by the Minister of the Presidency.

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

8. An administrative penalty decision may also agree to the use of equipment and instruments.

9. The imposition of administrative penalties shall be in accordance with the procedure laid down in Title VI, Chapter II of the Law on Administrative Procedure.

FINAL PROVISIONS

First.

The Government, on a proposal from the Ministry of the Presidency, will dictate the regulatory provisions required for the implementation of this Law.

Second.

The Government, on a proposal from the Ministry of the Presidency, will be able to update every two years by Royal Decree the amounts of the penalties referred to in Article 13 (5) and (6) of this Law to accommodate the Index Consumer Prices.

Third.

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

TRANSIENT PROVISIONS

First.

As long as the Government does not have the opposite, the use of the units of the System called YES will be compatible with the employment of those authorized by the Law of Pesos and Measures of 8 July 1892.

Second.

The Ministry of the Presidency will restructure its current bodies in order to provide them with the administrative and technical expertise referred to in Article 12 of this Law. Until then the National Metrology and Metrology Commission will remain in operation with its present composition and competences.

ADDITIONAL PROVISIONS

First.

One. The fee for the provision by the Administration of the metrological control services shall be created, which shall apply throughout the national territory, without prejudice to the provisions of the respective Statutes of Autonomy.

Two. The fee referred to in this Law shall be governed by the provisions of this Law and, failing that, by the General Tax Law and other supplementary provisions.

Three. The taxable fact of the fee is the provision by the Administration of the metrological control services of instruments, means and systems of measurement that serve to weigh, measure or count, aimed at:

a) Model approval.

b) The primitive verification.

c) Verification after repair or modification.

d) The periodic verification.

Four. Natural or legal persons who present models for approval or verification or who are the holders of the instruments, means or systems of measurement that are the subject of verification shall be taxable persons.

Five. The tax base and rate of charge of the levy shall be as follows:

a) Model Approval Rate:

1. For each model submitted for approval the fee will be required according to the following table:

Price to the public (ptas.)

Rate (ptas.)

to 1,000

25,000

1,001 to 50,000

25,000 + 200% excess over 1,000

from 50,001 to 100,000

123,000 + 150% of the excess over 50,000

100,001 to 250,000

198,000 + 100% excess over 100,000

348,000 + 40% excess over 250,000

500,001 to 1,000,000

448,000 + 10% excess over 500,000

1,000,001 to 5,000,000

498,000 + 2% of excess over 1,000,000

5,000,001 onwards

578,000 + 1% of excess about 5,000,000

2. The authorisations for non-substantial modifications of an approved model shall bear 25 per 100 of the rate set at the previous number.

3. Authorisations for extensions of approvals made on a temporary basis shall be 10 per 100 of the rate set at the previous number one.

b) Rate by primitive verification:

1. For each verified unit the rate will be required according to the following table:

Price to the public (ptas.)

Rate (ptas.)

to 1,000

5% on sale price to the public

1,001 to 50,000

50 + 2% of excess over 1,000

50,001 to 100,000

1,030 + 1% excess over 50,000

100,001 to 250,000

1,530 + 0.8% of excess over 100,000

250,001 to 500,000

2,730 + 0.6% of excess over 250,000

500,001 to 1,000,000

4,230 + 0.4% excess over 500,000

6.230 + 0.2% excess over 1,000,000

5.000.001 onwards

10.230 + 0.1% excess over 5,000,000

2. In cases where the primitive verification is carried out by sampling, where this is determined by regulation, the amount of the fee shall be that corresponding to the number of units in the sample per application of the table above at the price of each unit.

3. Where the original verification is to take place after the instruments, means or systems have been installed in a particular location, and the conditions of installation may affect its operation, 25 per 100 of the quantity resulting from the installation shall be required. in accordance with paragraph 5 (a), one of this additional provision.

c) Rate by verification after repair or modification:

It will be identical to the one required by primitive verification.

d) Rate by periodic verification:

Your value will be one tenth of the amount that you would have to satisfy for primitive verification.

Six. The accrual of the fee shall occur at the time of application for model approval by the taxable person or where, without such a request, the provision of the verification services takes place.

Seven. The management and settlement of the fee shall be carried out by the Ministry of the Presidency, without prejudice to the provisions of Article 12 of this Law.

Eight. The fee shall be entered in the Revenue Office of the domicile of the taxable person.

Nine. Laws containing the General Budget of the State, addressed to the concurrent socio-economic reasons, may modify the rate that is regulated in this Law.

Ten. The Government is authorised, on a joint proposal from the Ministries of the Presidency and the Economy and Finance, to dictate the provisions for the development of the rate regulation.

Once. The entry into force of this Law will be repealed by Decree 506/1960 of 17 March for the validation of Fees and Exactions of the Standing Committee on Weights and Measures.

Second.

The departure of the Spanish territory from weights, scales, instruments and, in general, any kind of metrological objects possessing historical significance, or having an age of more than fifty years, shall be prohibited, except where its temporary export for exhibitions is authorised. Without prejudice to compliance with the provisions of the legislation of the historical and artistic heritage, the Ministry of Economic Affairs and Finance, after the approval of the Ministry of the Presidency, may authorise the definitive export of Metrology which does not possess historical significance are more than fifty years old.

REPEAL PROVISION

Law 88/1967, of 8 November, Decree 1257/1974 of 25 April, is repealed and all provisions are contrary to the provisions of this Law.

Therefore,

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

Palacio de la Zarzuela, Madrid, 18 March 1985.

JOHN CARLOS R.

The President of the Government,

FELIPE GONZÁLEZ MARQUEZ