1.1. Presentation
The main responsibility of the Department for Inspection and Market Surveillance (DISP), a structure within the Romanian Bureau of Legal Metrology (BRML), is to perform the national market surveillance activities for the categories of products in the regulated fields for which it has been designated:
* Non-automatic weighing instruments regulated by the Government Decision 617/2003 establishing the requirements for placing on the market and putting into service of non-automatic weighing instruments, which transposes the harmonized European Directive 90/384/EEC replaced by European Directive 2009/23/CE;
* Measuring instruments regulated by Government Decision 264/2006 establishing the requirements for placing on the market and putting into service of measuring instruments, which transposes the harmonized European Directive 2004/22/EC.
DISP has also tasks and responsibilities regarding the planning, organization, coordination and monitoring of the legal metrological control by means of inspection and unexpected checking, and the metrological surveillance of measuring instruments in use, as well as the metrological verification of prepackages.
In performing its tasks as a market surveillance body, DISP acts in compliance with the independence, impartiality, integrity and confidentiality requirements, and has the necessary administrative conditions and human resources.
DISP has decisional independence in applying solutions to re-establish the conformity of the products that were found non-compliant during the market surveillance actions.
1.2. DISP Tasks:
* being designated as a market surveillance authority, DISP organizes and performs market surveillance activities on the entire teritory of Romania by:
> monitoring the products falling under its competence range, placed on the market and/or put into service, in order to check their compliance with the applicable technical regulations;
> establishing the measures to be taken by the economic operators responsible for placing on the market and/or putting into service of noncompliant products in order to bring them into compliance with the applicable technical regulations.
* performs information exchange with competent authorities in the EU Member States with regard to the conformity assessment of measuring instruments by notified bodies from Romania;
* elaborates the annual program of thematic control actions and the themes of the control actions;
* organizes, coordinates and monitors the thematic control actions of the annual program carried out by the regional directions of legal metrology in order to check the legality of the measuring instruments and measurement methods used in fields of public interest. It reviews the results of theses activities and compiles synthesis reports.
* monitors the activities carried out by the regional directions of legal metrology with regard to the legal control of prepackages; it reviews the results of these activities and draws up synthesis reports.
* monitors the activities carried out by the regional directions of legal metrology with regard to the legal control by means of inspection and unexpected cheking; it reviews the results of these activities and draws up synthesis reports.
* performs inspections and unexpected checks of measuring instruments in use.
* monitors the activities carried out by the regional directions of legal metrology with regard to the metrological notifications granted to economic operators who perform repair, modification and mounting of measuring instruments liable to legal control.
* keeps records and monitors the distribution of metrological verification marks.
* elaborates metrological normative documents regulating its scope of activity.
* performs the selection, training and maintenance of the BRML control body.
1.3. Legal framework
* The EC Regulation 765/2008 of the European Parliament and of the Council setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.
* Romanian Government Decision no. 617/2003 regarding the placing on the market and putting into service of non-automatic weighing instruments.
* Romanian Government Decision no. 264/2006 regarding the placing on the market and putting into service of measuring instruments
* Romanian Government Decision no. 962/2007 regarding the modification and amendment of some normative documents in the field of free movement of goods
* Romanian Government Ordinance no. 20/2010 establishing certain measures for the uniform enforcement of the European Union legislation that harmonizes the products trading conditions.
* Romanian Government Decision no. 306/2011 establishing certain measures for the market surveillance of the products regulated by the European Union legislation that harmonizes their trading conditions.
* The EC Regulation 764/2008 of the European Parliament and of the Council laying down procedures relating to the application of certain national technical rules to products lawfully marketed in another member state and repealing Decision no 3052/95/EC;
* Romanian Government Ordinance no. 20/1992 regarding the metrological activities, approved and amended by Law no. 11/1994 with subsequent amendments.
* Romanian Government Decision no. 1660/2005 regarding the approval of certain legal metrology instructions, with subsequent amendments.
* Romanian Government Decision no. 1055/2001 establishing the requirements for placing on the market of the measuring instruments which are object of the EEC legal metrology norms, with subsequent amendments.
* Romanian Government Decision no. 530/2001 regarding the approval of the legal metrology instructions IML 8-01 “Making up of certain prepackaged products by weight or by volume”, with subsequent amendments.
* Romanian Government Ordinance no. 2/2001 on legal regime of minor offences approved with further modifications by Law no.180/2002, with subsequent amendments.
