| Scope of application |
Measuring instruments harmonised under EU law range from scales to measuring tapes, to petrol pumps and utility meters (gas, electricity, thermal energy, water), to taximeters and weighbridges. EU law sets out the essential requirements that measuring instruments must satisfy in order to be sold or used in the EU. It aims to guarantee accurate measurements and to promote transparency and fairness in commercial transactions.
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| Ministerial Decree |
| Number: | DECREE No 93 of 21 April 2017 |
| Title: | Regulation implementing the legislation on checks to be carried out on measuring instruments in service and on supervision of measuring instruments to ensure conformity with national and EU law. (17G00102) |
| Scope of application: | • Regulation implementing the legislation on checks to be carried out on measuring instruments in service and on supervision of measuring instruments to ensure conformity with national and EU law;
• this regulation applies to checks on measuring instruments subject to national and EU law used for legal measuring functions, without prejudice to the provisions of Article 3(3) and the clarifications relating to the scope of application of the legislation implementing European directives relating to measuring instruments;
• the body that carries out the routine tests on measuring instruments following presentation of a Certified Declaration of Business Start-Up (SCIA) to the Italian Union of Chambers of Commerce (Unioncamere) after having been accredited in accordance with one of following standards or subsequent revisions: 1) UNI CEI EN ISO/IEC 17020:2012 – requirements for the operation of various types of bodies performing inspections; 2) UNI CEI EN ISO/IEC 17025:2005 – general requirements for the competence of testing and calibration laboratories – as calibration laboratory; 3) UNI CEI EN ISO/IEC 17065:2012 – requirements for bodies certifying products, processes or services, and future revisions;
• the following guidelines apply for market surveillance relating to instruments subject to EU law: a) the market surveillance authority functions relating to instruments subject to EU law under Article 16(2) of Regulation (EC) No 765/2008, which sets out the requirements for accreditation and market surveillance, are carried out by the Ministry of Economic Development, with the aid of the Chambers of Commerce as the local authorities with competence for metrological controls pursuant to Article 14 of Legislative Decree No 22 of 2 February 2007, as amended by Legislative Decree No 84 of 19 May 2016; b) market surveillance aims to ensure that the instruments imported or placed on the market have been subject to the necessary conformity assessment procedures, that the labelling and documentation requirements have been complied with, and that they have been designed and manufactured in accordance with the relevant legislative provisions;
• for conducting tests, the Chambers of Commerce may use calibration laboratories accredited by designated bodies within the meaning of Regulation (EC) No 765/2008 in accordance with the standard UNI CEI EN ISO/IEC 17025:2005 – general requirements for the competence of testing and calibration laboratories, and future revisions
• in order to simplify and harmonise procedures and charges for national measuring instrument manufacturers with those imposed on measuring instrument manufacturers subject to EU law, if modifications are made to the software in the form of customisation and administrative adjustments that are irrelevant to measurements and thus not subject to metrological checks, said manufacturers are not obliged to file the program’s new executable run and the declaration under point 1.2 (a) and (b) of Circular No 62 from the Ministry of Industry, Trade and Craft Trades of 17 September 1997 with the relevant department of the Ministry of Economic Development. 2. Measuring instruments with national and European approval may be subject to routine tests, including where they have undergone a repair involving the replacement of a principal part, to ensure that this repair has not modified the instrument in such a way as to compromise its conformity. 3. For measuring instruments falling within the scope of Annexes MiI-001 to MI010 to Legislative Decree No 22 of 2 February 2007, which were already in service on 31 October 2016 with approval under the national or European legislation in force prior to Directive 2004/22/EC, where the label bearing the statutory markings is missing, illegible or without the so-called ‘initial verification marks’, the body shall reinstate the markings on an adhesive label, applied such that it does not disintegrate when it is removed. The label should be affixed close to the original statutory markings and be fastened with the body’s own seals. Within 10 days of reinstating the statutory markings, the instrument’s owner shall request routine testing, where this was not requested when the markings were replaced, and after this request may use the instrument until the test is carried out.
Regulation setting out modifications to Decree No 93 of 21 April 2017, concerning implementation of the legislation on checks to be carried out on measuring instruments in service and on supervision of measuring instruments to ensure conformity with national and EU law. (20G00017)
• Adopts amendments to Article 4 of Ministerial Decree No 93 of 21 April 2017: with the addition of paragraph 1-bis, the Chambers of Commerce shall carry out the routine tests applying, mutatis mutandis, the disclosure obligations and the requirements relating to establishing and keeping the metrological logbook provided for by this regulation;
• the bodies authorised to conduct routine tests may continue to perform these tests until 30 June 2020, in terms of requirements for the instruments used, disclosure obligations and requirements relating to the metrological logbook;
• at the end of the 18-month transitional period, the national accreditation body shall send a list of parties which have formally accepted an economic offer of accreditation to the Ministry of Economic Development, the Unioncamere and the Chambers of Commerce. |
| Any technical standard indicated in the DM: | UNI 4794-2:1976 |
| Link: | https://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2020-02-18&atto.codiceRedazionale=20G00017 |
| Number: | DECREE 6 December 2019, n. 176 |
| Title: | Regulation amending the decree of 21 April 2017, n. 93, concerning the implementation of the regulations on the controls of measuring instruments in service and on the supervision of measuring instruments in compliance with national and European legislation. (20G00017) |
| Scope of application: | • Adopts amendments to article 4 ministerial decree no.93 of 21 April 2017 with the addition of paragraph 1 bis the Chambers of Commerce carry out the periodic verification service by applying, insofar as they are compatible, with the communication obligations and those relating to 'establishment and maintenance of the metrological book provided for by these regulations;
• the bodies authorized to carry out periodic checks may continue to carry out periodic checks until 30 June 2020, in compliance with the requirements for the tools used and communication obligations and those relating to the metrological book;
• at the end of the transitional period of 18 months, the National Accreditation Body sends the Mise, Unioncamere and Chambers of Commerce the list of subjects who respond to the formal acceptance of the accreditation offer. |
| Any technical standard indicated in the DM: | UNI 4794-2:1976 |
| Link: | https://www.gazzettaufficiale.it/atto/serie_generale/caricaDettaglioAtto/originario?atto.dataPubblicazioneGazzetta=2020-02-18&atto.codiceRedazionale=20G00017 |
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