The Measuring Instruments (EEC Requirements) Regulations 1988

Regulation 4(1)

SCHEDULE 1 EEC PATTERN APPROVAL AND INITIAL VERIFICATION

the eec signs and marks

The EEC Signs

1.—(1) The sign of EEC pattern approval is a stylized letter ε containing–

(a) in the upper part, the distinguishing capital letter of the State which granted the approval (B for Belgium, DK for Denmark, D for the Federal Republic of Germany, E for Greece, EL for Spain, F for France, IRL for Ireland, I for Italy, L for Luxembourg, NL for the Netherlands, P for Portugal and UK for the United Kingdom) and the last two digits of the year of approval; and

(b) in the lower part, an identification number determined by the metrological service of the State which granted approval.

(2) The following is an example of the sign of EEC pattern approval, in the form appropriate for an EEC pattern approval granted in the United Kingdom:

(3) The identification number in the lower part of the United Kingdom sign of EEC pattern approval shall be a number determined by the Secretary of State.

2.—(1) The sign of EEC limited pattern approval is the same as the sign of EEC pattern approval, with the addition of a letter P before the stylized letter ε described in paragraph 1 above, being a letter P of the same dimensions as the letter ε.

(2) The following is an example of the sign of EEC limited pattern approval, in the form appropriate for an EEC limited pattern approval granted in the United Kingdom:

(3) Paragraph 1(3) above applies to that part of the sign of EEC limited pattern approval which is the same as the sign of EEC pattern approval.

3.—(1) The sign of exemption from EEC pattern approval is the same as the sign of EEC pattern approval except that–

(a) the stylized letter ε is reversed symmetrically about a vertical axis; and

(b) any number appearing in the lower part of that letter is the reference number (if any) for the category of instruments in question given in the relevant Directive.

(2) The following is an example of the sign of exemption from EEC pattern approval, in the form appropriate for an instrument constructed in the United Kingdom:

(3) In the case of an instrument constructed in the United Kingdom and not subject to EEC pattern approval, the lower part of the sign of exemption from EEC pattern approval shall be left blank if no reference number for the category of instruments in question has been given by the relevant Directive.

4.—(1) The sign of EEC pattern approval and exemption from EEC initial verification is the same as the sign of EEC pattern approval in a hexagon.

(2) The following is an example of the sign of EEC pattern approval and exemption from EEC initial verification in the form appropriate for an EEC pattern approval granted in the United Kingdom:

The EEC marks

5.—(1) The mark of EEC initial verification is composed of two stamps, described respectively in sub-paragraphs (2) and (3) below, or in the case of material measures of length alternatively of a single stamp described in sub-paragraph (4) below.

(2) The first stamp consists of a letter `e' containing–

(a) in the upper half, the distinguishing capital letter of the State where the examination to determine whether the stamp should be applied is carried out (B for Belgium, DK for Denmark, D for the Federal Republic of Germany, E for Greece, EL for Spain, F for France, IRL for Ireland, I for Italy, L for Luxembourg, NL for the Netherlands, P for Portugal and UK for the United Kingdom) together, where necessary, with one or two figures identifying a territorial or administrative sub-division; and

(b) in the lower half, the identification number of the verifying agent or office.

(3) The second stamp consists of the last two digits of the year when the examination to determine whether the stamp should be applied is carried out, in a hexagon.

(4) The single stamp consists of a lower-case `e' in a hexagon containing–

(a) in the upper half, the distinguishing capital letter of the State where the application to determine whether the stamp should be applied is carried out as set out in sub-paragraph (2)(a) above; and

(b) in the lower half, the last two digits of the year when the said examination is carried out.

(5) The shape and dimensions of the elements of the mark of EEC initial verification are given in the Annex to this Schedule, and an example of the mark, in the form appropriate for an EEC initial verification carried out in the United Kingdom, is also given.

(6) Any mark applied in the United Kingdom as a mark, or part of a mark, of EEC initial verification shall conform to the requirements of the Annex to this Schedule with respect to the shape and dimensions of the elements of the mark.

(7) In the case of a United Kingdom mark of EEC initial verification, the identification number in the lower half of the letter `e' which constitutes the stamp described in sub-paragraph (2) above shall be the identification number of the person carrying out the examination.

6.—(1) The mark of EEC partial verification consists solely of the first of the two stamps which constitute the mark of EEC initial verification, and the relevant provisions of paragraph 5 above shall apply accordingly.

(2) The mark of EEC partial verification also serves as a seal.

Annex

The attached drawings show the shape, dimensions and out-line of the letters and numbers for the mark of EEC initial verification and the mark of EEC partial verification. Drawing A shows the constituent parts of the stamp described in paragraph 5(2) above; the mark of EEC partial verification described in paragraph 6 above consists of this stamp only. Drawing B shows the constituent parts of the second stamp, described in paragraph 5(3) above. Drawing C is an example of the mark of EEC initial verification consisting of the stamp described in paragraph 5(2) above, and that described in paragraph 5(3) above. Drawing D is an example of the mark of EEC initial verification, consisting of the stamp described in paragraph 5(4) above.

The dimensions given in the drawings are relative values; they are a function of the diameter of the circle described about the letter `e' and about the field of the hexagon. The actual diameter of the describing circles shall be chosen from 1.6 mm, 3.2 mm, 6.3 mm and 12.5 mm.

Drawing “A”

Drawing “A” (continued)

Drawing “B”

Drawing “C”

Drawing “D”

Regulation 8(7)

SCHEDULE 2 EEC PATTERN APPROVAL

Application for EEC pattern approval

1.  An application–

(a) for an EEC pattern approval; or

(b) for extension of an EEC pattern approval;

shall be in such form, and contain or be accompanied by such information and documents, as the Secretary of State may require.

Examination for EEC pattern approval

2.—(1) Any examination for the purposes of Regulation 8 above shall consist of such studies and tests of instruments of the pattern to which the application relates (both as respects construction and functioning) and of the design to which instruments of that pattern are constructed as are in the opinion of the Secretary of State necessary in order to determine whether instruments of the pattern in question satisfy the measurement characteristics and the technical design and functioning requirements laid down by the relevant Directive.

(2) A pattern shall not be approved under these Regulations unless the examination carried out under this paragraph indicates that instruments of the pattern in question will maintain the measurement characteristics required by the relevant Directive under normal conditions of use.

(3) The Secretary of State may require the applicant to provide such facilities and assistance as appear to him to be necessary for carrying out the examination under this paragraph.

Certificate of EEC pattern approval

3.—(1) A certificate of EEC pattern approval–

(a) shall give the results of the examination of the pattern;

(b) if it relates to ancillary equipment, shall specify the pattern of instrument to which the equipment may be attached or in which it may be incorporated and any requirements authorised by the relevant Directive as to the functioning of any instrument for which it is approved when the equipment is so attached or incorporated;

(c) may, where authorised by the relevant Directive, impose requirements or restrictions in addition to the requirements of the relevant Directive, or vary or disapply any of the requirements of the relevant Directive;

(d) may or (as the case may be) shall make provision for any other matter for which provision is authorised or required by the relevant Directive to be made in a certificate of pattern approval relating to instruments of a category to which it applies; and

(e) shall contain any particulars required by the relevant Directive.

(2) A certificate that relates to an EEC pattern approval which is subject to any restriction on its period of validity or to any condition imposed under Regulation 9(2) above shall give particulars of the restriction or condition.

(3) The certificate shall include–

(a) in a case falling within sub-paragraph (2) above the United Kingdom sign of EEC limited pattern approval;

(b) in any other case, the United Kingdom sign of EEC pattern approval;

being in either case the sign which is appropriate to the particular pattern approval in question.

(4) The certificate shall have annexed to it descriptions, drawings and diagrams necessary to identify the pattern and to explain its functioning.

Deposit of sample instrument

4.—(1) Without prejudice to paragraph 2(3) above, if the relevant Directive requires a sample instrument to be supplied for retention by the metrological service considering an application for EEC pattern approval, the Secretary of State may, on granting an EEC pattern approval under these Regulations, either–

(a) retain any instrument supplied as a sample instrument of the pattern in question; or

(b) require instead the deposit of parts of an instrument of that pattern, or of scale models or drawings of such an instrument.

(2) If the Secretary of State requires the deposit of parts of an instrument or of scale models or drawings instead of retaining a sample instrument he shall include a statement to that effect in the certificate of pattern approval.

Extension of EEC pattern approval

5.  If on extending an EEC pattern approval the Secretary of State imposes any restriction on the period of extension or any condition under Regulation 9(2) above he may amend the certificate of pattern approval and any documents annexed thereto in any manner that appears to him to be appropriate.

Regulation 13(7)

SCHEDULE 3 EEC INITIAL VERIFICATION

General

1.  Any examination carried out by an inspector for the purposes of EEC initial verification shall relate in particular, in accordance with the requirements of the relevant Directive, to–

(a) the measurement characteristics of the instrument;

(b) the maximum permissible errors laid down by the relevant Directive;

(c) the construction of the instrument, with regard to ensuring that the measurement characteristics do not deteriorate to any material degree under normal conditions of use; and

(d) the presence of any inscriptions required by the relevant Directive and any plug, seal or plate designed for use for the reception of an EEC mark.

Stages of EEC initial verification

2.—(1) EEC initial verification shall be carried out in one stage on instruments which can be transferred from the factory where their construction was completed to their place of installation in working order and without first having to be dismantled.

(2) EEC initial verification shall be carried out in two or more stages for instruments whose correct functioning depends on the conditions in which they are installed or used.

(3) In a case falling within sub-paragraph (2) above, an inspector shall not cause to be affixed the mark of EEC partial verification at any stage before the instrument has been installed unless he is satisfied–

(a) where EEC pattern approval is required for instruments of the category in question, that an EEC pattern approval is in force with respect to the instrument and that the instrument conforms in respect of design and construction to the approved pattern and to the requirements of the relevant Directive; or

(b) where the instrument belongs to a category exempt from EEC pattern approval, that it conforms in respect of design and construction to the requirements of the relevant Directive.

(4) The application of the preceding provisions of this paragraph in relation to the initial verification of any instrument is subject to any provision made by the relevant Directive with respect to initial verification of instruments of the category to which it belongs; and an inspector carrying out an initial verification shall comply with any requirements of the relevant Directive as to the manner in which initial verification of instruments of a category to which it belongs shall be conducted.

Place of EEC initial verification

3.—(1) In a case falling within paragraph 2(1) above, the examination for EEC initial verification shall be carried out at a place determined in accordance with the relevant Directive or, where the relevant Directive makes no provision in that respect, at a place chosen by the inspector dealing with the application.

(2) In a case falling within paragraph 2(2) above, the examination for the final stage of verification shall be carried out at the place of installation and any other examination of the instrument at an earlier stage which falls to be made in the United Kingdom shall be carried out as mentioned in sub-paragraph (1) above.

(3) An inspector carrying out any examination for the purposes of EEC initial verification may require the applicant to provide such facilities and assistance as appear to him to be necessary for carrying out the examination, and may also require the applicant to provide him with a copy of any certificate of EEC pattern approval, and any documents annexed thereto, which relates to the instrument under examination.

Application of EEC marks

4.—(1) Where an EEC initial verification is carried out in one stage, the mark to be affixed in accordance with Regulation 13 above shall be the mark of EEC initial verification.

(2) Where an EEC initial verification is carried out in more than one stage the mark to be affixed shall be–

(a) at any stage before the final stage, the mark of EEC partial verification;

(b) at the final stage, the mark of EEC initial verification.

(3) An inspector who adds the second stamp described in paragraph 5 of Schedule 1 to these Regulations to a mark of EEC partial verification shall be regarded for the purpose of these Regulations as affixing the mark of EEC initial verification.

(4) An inspector shall comply with any requirements of the relevant Directive as to the place where any EEC mark is to be affixed on any instrument.

EEC initial verification of material measures of length

5.  Where material measures of length are manufactured in series, and the applicant states that they have already been adequately inspected, he may request the inspector to whom the application is made for measures to be considered for EEC initial verification to carry out the examination by making a statistical check by attributes on lots composed of measures subject to the conditions set out in points 11.1 and 11.2 of the Directive on material measures of length.

Regulation 21(2)

SCHEDULE 4 RELEVANT LIMITS OF ERROR FOR INSTRUMENTS IN SERVICE

The maximum permissible errors for instruments in service of a category to which a Directive mentioned in the first column of the following Table applies shall be the errors prescribed in relation to that Directive in the second column of the Table.

Directive	Maximum permissible errors in service
The Directive on medium accuracy bar weights and cylindrical weights.	The maximum permissible errors in excess set out in the tables in item 7 of Annex I and item 7 of Annex III to the Directive shall be the maximum permissible errors both in excess and in deficiency in the case of instruments in service.
The Directive on meters for liquids other than water.	The maximum permissible errors in deficiency for an instrument in service shall be the amounts determined in accordance with items 1, 2 and 3 of Chapter II of the Annex to the Directive and applicable both in excess and in deficiency on initial verification, and the maximum permissible errors in excess for an instrument in service shall be twice those amounts.
The Directive on the measuring of the standard mass per storage volume of grain.	The maximum permissible errors in service shall be the maximum permissible errors set out in the Directive.
The Directive on ancillary equipment for meters for liquids other than water.	The maximum permissible errors in service shall be those laid down by any one or more of the following provisions of the Annex to the Directive, that is to say– (a) item 4.9 of Chapter IV; (b) items 5.10, 5.13.1 and 5.13.2 of Chapter V; and (c) item 6.7 of Chapter VI which is applicable in the circumstances of the case.
The Directive on above-medium accuracy weights.	The maximum permissible errors in excess for class F2 and M1 weights in service shall be the maximum permissible errors set out in the table in item 4.1 of the Annex to the Directive and applicable both in excess and in deficiency on initial verification, and the maximum permissible errors in deficiency for weights of those classes in service shall be twice the maximum permissible errors in excess.
The Directive on cold-water meters.	The maximum permissible errors, both in excess and in deficiency, shall be: (a) 6 per cent., where the flowrate is between the minimum flowrate and the transitional flowrate; and (b) 2.5 per cent., where the flowrate is between the transitional flowrate and maximum flowrate. In this paragraph “minimum flowrate”, “transitional flowrate” and “maximum flowrate” have the same meanings as they have in the Directive on cold-water meters.
The Directive on measuring systems for liquids other than water.	The maximum permissible errors in deficiency for a system in service shall be the amounts determined in accordance with items 1, 2 and 3 of Chapter II of the Annex to the Directive on meters for liquids other than water and applicable both in excess and in deficiency on initial verification, and the maximum permissible errors in excess for a system in service shall be twice those amounts.
The Directive on hot-water meters.	The maximum permissible errors in service shall be twice the maximum permissible errors set out in the Directive, both in excess and in deficiency.
The Directive on tyre pressure gauges for motor vehicles.	The maximum permissible errors, both in excess and in deficiency, shall be: (a) 100 mbar, where the upper limit of the scale does not exceed 4 bar; or (b) 200 mbar, where the upper limit of the scale exceeds 4 bar.

Regulation 2(4)

SCHEDULE 5 ADAPTATIONS FOR NORTHERN IRELAND

1.  In Regulation 2–

(a) for the definitions of “ballast”, “chief inspector” and “inspector” there shall be substituted respectively–

““ballast” means any of the materials to which the expression “ballast” applies in Schedule 4 to the Order;”;

““chief inspector” means a chief inspector of weights and measures appointed under Article 40 of the Order;”;

““inspector” means an inspector of weights and measures appointed under Article 40 of the Order;”;

(b) the definition of “local weights and measures authority” shall be omitted;

(c) in the definitions of “meter measuring system” and “road tanker”, for the words “Measuring Equipment (Liquid Fuel delivered from Road Tankers) Regulations 1983”, there shall be substituted the words “Measuring Equipment (Liquid Fuel by Road Tanker) Regulations (Northern Ireland) 1984”(1);

(d) the definition of “nominated local weights and measures authority” shall be omitted; and

(e) for the definition of “use for trade” there shall be substituted–

““use for trade” in relation to any measuring instrument, has the same meaning as it has in Article 5 of the Order in relation to weighing or measuring equipment within the meaning of the Order, subject however to the addition at the end of paragraph (2)(a) of the said Article 5 of the words “and any member State other than the United Kingdom”.”.

2.  In Regulation 6–

(a) in paragraph (1), for the words “Section 8(1)(b) of the Act (prohibition on use for trade of any weight not included in Schedule 3 to the Act)” there shall be substituted “Article 6(1)(b) of the Order (prohibition on use for trade of any weight not included in Schedule 1 to the Order)”;

(b) in paragraph (2), for the words “Section 11(2) of the Act” there shall be substituted “Article 9(2) of the Order” and for “section 11” there shall be substituted “Article 9”;

(c) in paragraph (3), for the words “section 17(1) of the Act” there shall be substituted “Article 15(1) of the Order”; and

(d) in paragraph (4), for the words “Regulation 67 of the Weights and Measures Regulations 1963” there shall be substituted “Regulation 26(5) and (6) of the Weights and Measures Regulations (Northern Ireland) 1967”(2).

3.  In Regulation 13, for paragraphs (1) and (9) there shall be substituted respectively the following–

“(1) An application for consideration of any instrument (other than an instrument to which paragraph (9) below applies) for EEC initial verification shall be made to an inspector in such manner as the Department of Economic Development may direct.”;

• and

  “(9) In the case of–

  (i) meters for pressurised liquefied gas to which the Directive on meters for liquids other than water applies;

  (ii) an instrument of a category to which the Directive on the measuring of the standard mass per storage volume of grain applies;

  (iii) a measure of length in class I within the meaning of the Directive on material measures of length;

  (iv) a weight of a category to which the Directive on above-medium accuracy weights applies;

  (v) a pressurised liquefied gas measuring system of a category to which the Directive on measuring systems for liquids other than water applies;

  (vi) an instrument of a category to which the Directive on non-automatic weighing machines applies of a class of special accuracy or high accuracy bearing the identifying symbol

  

  or

  

  respectively;

  the application for EEC initial verification shall be made to the Secretary of State or, if the Department of Economic Development is nominated by the Secretary of State to carry out such verification of all or any of the instruments specified above, then to an inspector.

  Until the Department of Economic Development shall be so nominated the preceding provisions of this Regulation and the provisions of Schedule 3 to these Regulations shall have effect as if reference to an inspector included reference to the Secretary of State.”.

4.  In Regulation 21–

(a) in paragraph (7), the reference to the Secretary of State shall be a reference to the Department of Economic Development; and

(b) for paragraph (8) there shall be substituted the following–

“(8) In the case of an instrument to which Regulation 13(9) above applies the preceding provisions of this Regulation (other than paragraph (5)) shall have effect as if references to an inspector were references to the Secretary of State, or to an inspector when the Department of Economic Development is nominated by the Secretary of State for the purposes of Regulation 13(9) above.”.

5.  In Regulations 23(1) and 24(1) for the words “section 11(2) of the Act” there shall be substituted the words “Article 9(2) of the Order”.

6.  For Regulation 25(5) there shall be substituted the following–

“(5) In the case of an instrument to which Regulation 13(9) above applies this Regulation shall have effect as if the reference in paragraph (1)(a) above to an inspector or person acting under his authority were a reference to the Secretary of State, or to an inspector when the Department of Economic Development is nominated by the Secretary of State for the purposes of Regulation 13(9) above.”.

7.  In Regulation 26–

(a) in paragraphs (1) and (2), the words “within the area for which he was appointed inspector” shall be omitted;

(b) in paragraph (3), for the word “information” there shall be substituted the word “complaint”; and

(c) for paragraph (7) there shall be substituted the following–

“(7) In this Regulation “credentials”, in relation to an inspector, means some duly authenticated document showing that he is authorised to act as an inspector.”.

8.  In Regulation 27(3) after the word “information” there shall be inserted the words “(other than his name and address)”.

9.  For Regulation 29 there shall be substituted the following–

“29.   No proceedings for an offence under these Regulations may be instituted except by the Department of Economic Development or the Director of Public Prosecutions for Northern Ireland.”.

Regulation 1(2)

SCHEDULE 6 REVOCATIONS

Regulations	Extent of revocation
The Measuring Instruments (EEC Requirements) Regulations 1980(3)	The whole Regulations
The Measuring Instruments (EEC Requirements) (Amendment) Regulations 1981(4)	The whole Regulations
The Measuring Instruments (EEC Requirements) (Amendment) Regulations 1983(5)	The whole Regulations
The Measuring Instruments (EEC Requirements) (Amendment) Regulations 1984(6)	The whole Regulations
The EEC Requirements (Amendment) Regulations 1985(7)	Regulation 6
The Measuring Instruments (EEC Requirements) (Amendment) Regulations 1985(8)	The whole Regulations

(1)

S.R. 1984 No. 117.

(2)

S.R. & O. (N.I.) 1967/237.

(3)

S.I. 1980/1058.

(4)

S.I. 1981/1727.

(5)

S.I. 1983/530.

(6)

S.I. 1984/1618.

(7)

S.I. 1985/306.

(8)

S.I. 1985/1871.