Legal metrology: the obligations of the owner of measuring instruments

On 18 September 2017, the Decree of the Ministry of Economic Development of 21 April 2017, no. 93, which, by repealing the provisions previously in force, implements the legislation on the controls of measuring instruments in service in compliance with national and European standards used for legal measurement functions. The term “legal measure function” means the measure function justified on grounds of fair trading transactions, imposition of taxes and duties, consumer protection, public interest, public health, public safety, public order, environmental protection.

The decree introduces new obligations for the owners of instruments in service used for legal measurement functions (scales, weight/price labelers, fuel distributors, tankers, tankers, gas measurement systems, etc.).

Who is the owner of the measuring instrument?

In the meantime, it is necessary to define which figure is affected by these obligations. Therefore, based on the art. 2 of the decree of 21 April 2017 n. 93, is defined as the natural or legal person who owns the measuring instrument or who, in some other capacity, is responsible for the measurement activity.

What are the obligations of the data controller?

I) Obligations relating to the request for periodic verification

Here are the main obligations relating to periodic verification:

• Request the periodic verification of the instrument with the periodicity indicated in point 1 of Annex IV to Ministerial Decree 93/2017, starting from the date of their commissioning and, in any case, no later than two years from the year of execution of the first national or EEC/EC verification or the CE marking or the additional metrological marking.
• Subsequent verifications: subsequently, they must request periodic verification at least five working days before the deadline of the previous verification.
• Repaired tools: Instruments that are repaired can be used with temporary seals applied by the repairer for up to ten working days. Within this period, the owner of the instrument must request periodic verification; Once the request has been made, he can use the tools until the verification is carried out.

The periodic verification is carried out by the accredited body within 45 days from the date of receipt of the request from the instrument holder.

II) Obligations relating to the keeping of the instrument and related documentation

The holders of the instruments must, except for unforeseeable events or events over which they do not have effective control according to normal due diligence criteria:

• Maintain the integrity of the mark affixed during periodic inspection, as well as any other mark, seal, including electronic seal, or protective element.
• Take care of the integrity of the temporary seals applied by the repairer.
• Keep the metrology booklet and any other required documentation.
• Take care of the proper functioning of their instruments and refrain from using them when they are clearly defective or unreliable from a metrological point of view.

III) Reporting obligations

In addition to the obligations listed above, the owners of the measuring instruments must notify the Chamber of Commerce within 30 days of the start date of use of the instruments and the end of use, and the following additional elements:

• Name, address and any VAT number of the owner of the measuring instrument.
• Address where the measuring instrument is in service, if different from the previous one.
• Identification code of the redelivery or pick-up point, as the case may be and where applicable.
• Type of measuring instrument.
• Make and model of the measuring instrument.
• Serial number of the measuring instrument, if applicable.
• Year of CE marking and additional metrological marking.
• Metrological characteristics of the instrument.
• Specification of whether the instrument is to be used temporarily.

Penalties

Failure to comply with the requirements identified above in points I), II) and III) constitutes an administrative violation and involves the application of a financial penalty.

• For MID instruments subject to the regulation of the D.Lgs. 22/2007, Ministerial Decree 93/2017 implements art. 19 of the aforementioned legislative decree. In the event of violation, the sanction provided for by art. 20, paragraph 2-bis, of the D.Lgs. 22/2007, which provides for a fine of between €500 and €1500 for each infringement.
• For non-automatic weighing instruments subject to the regulation of the D.Lgs. 517/92, the sanction established in art. 13, paragraph 2, of the D.Lgs. 517/92, ranging from a minimum of 500 euros to a maximum of 1500 euros for each violation.
• For all other instruments, for violations of the obligations enshrined in Ministerial Decree 93/2017 attributable to “the use of weights and measures without observing the provisions of the law”, art. 692 of the Criminal Code applies, which provides for an administrative sanction ranging from a minimum of 103 euros to a maximum of 619 euros.

In addition, with regard to tank flow meters, if the verification has expired, the instrument is put out of service, preventing its operation until a new periodic verification is carried out, in addition to the application of penalties. In the event of tampering, the seizure of the vehicle for a period of up to 3 months could also be ordered.

Why choose CR Inspection?

CR Inspection is committed to providing a professional and accurate periodic verification service, helping companies ensure regulatory compliance and the reliability of their business operations. Thanks to our experience and our accreditation obtained from Accredia and qualification obtained from Unioncamere, we offer our customers the peace of mind of operating in a compliant and safe environment.

We operate on meters installed on tankers, used for the transport of fuels and LPG. We will soon extend our qualification to fuel distributors, both for petrol and diesel and LPG.

To find out more, you can contact our service contact person, Chiara, at 375 6479545 or at the email segreteria.dm93@crinspection.it.