The Measuring Instruments (Automatic Gravimetric Filling Instruments) Regulations 2006 (revoked)

Regulations2(1), 14(1), and 17(2)

SCHEDULE 1 U.K. ESSENTIAL REQUIREMENTS

1.  The essential requirements are the relevant requirements relating to automatic gravimetric filling instruments contained in Annex I and MI-006 set out in this Schedule. U.K.

Definitions U.K.

Allowable Errors U.K.

Reproducibility U.K.

Repeatability U.K.

Discrimination and Sensitivity U.K.

Durability U.K.

Reliability U.K.

Suitability U.K.

Protection against corruption U.K.

Information to be borne by and to accompany the automatic gravimetric filling instrument U.K.

Indication of result U.K.

Further processing of data to conclude the trading transaction U.K.

Conformity evaluation U.K.

Rated Operating Conditions U.K.

Accuracy classes U.K.

MPE U.K.

Performance Under Influence Factor and Electromagnetic Disturbance U.K.

Regulations 2(1) and 8

SCHEDULE 2 U.K. NOTIFIED BODIES

PART 1 U.K. NOTIFIED BODY CRITERIA

1.  The body, its director and staff involved in conformity assessment tasks shall not be the designer, manufacturer, supplier, installer or user of the automatic gravimetric filling instrument that they inspect, nor the authorised representative of any of them. In addition, they may not be directly involved in the design, manufacture, marketing or maintenance of the automatic gravimetric filling instrument, nor represent the parties engaged in these activities. The preceding criterion does not, however, preclude in any way the possibility of exchanges of technical information between the manufacturer and the body for the purposes of conformity assessment. U.K.

2.  The body, its director and staff involved in conformity assessment tasks shall be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their conformity assessment, especially from persons or groups of persons with an interest in the results of the assessments. U.K.

3.  The conformity assessment shall be carried out with the highest degree of professional integrity and requisite competence in the field of metrology. Should the body sub-contract specific tasks, it shall first ensure that the sub-contractor meets the requirements of these Regulations, and in particular of this Schedule. The body shall keep the relevant documents assessing the sub-contractor's qualifications and the work carried out by him under these Regulations at the disposal of the Secretary of State. U.K.

4.  The body shall be capable of carrying out all the conformity assessment tasks for which it has been designated, whether those tasks are carried out by the body itself or on its behalf and under its responsibility. It shall have at its disposal the necessary staff and shall have access to the necessary facilities for carrying out in a proper manner the technical and administrative tasks entailed in conformity assessment. U.K.

5.  The body's staff shall have— U.K.

(a) sound technical and vocational training, covering all conformity assessment tasks for which the body was designated;

(b) satisfactory knowledge of the rules governing the tasks which it carries out, and adequate experience of such tasks; and

(c) the requisite ability to draw up the certificates, records and reports demonstrating that the tasks have been carried out.

6.  The impartiality of the body, its director and staff shall be guaranteed. The remuneration of the body shall not depend on the results of the tasks it carries out. The remuneration of the body's director and staff shall not depend on the number of tasks carried out or on the results of such tasks. U.K.

7.  The body shall satisfy the Secretary of State that it has adequate civil liability insurance. U.K.

8.  The body's director and staff shall be bound to observe professional secrecy with regard to all information obtained in the performance of their duties pursuant to these Regulations, except vis-à-vis the Secretary of State. U.K.

PART 2 U.K. FUNCTIONS

Assessment of applications for certificates or notifications U.K.

Limitations on duties to exercise functions U.K.

Contractors U.K.

Form of certificates and notifications U.K.

Conditions in certificates or notifications U.K.

Withdrawal of certificates or notifications U.K.

Procedure where a notified body is minded to refuse to give, or to vary or withdraw a certificate or notification U.K.

Regulation 6(2)

SCHEDULE 3 U.K. TECHNICAL DOCUMENTATION

1.  The technical documentation shall render the design, manufacture and operation of the automatic gravimetric filling instrument intelligible and shall permit an assessment of its conformity with the appropriate requirements of these Regulations. U.K.

2.  The technical documentation shall be sufficiently detailed to ensure— U.K.

(a) the definition of the metrological characteristics;

(b) the reproducibility of the metrological performances of produced automatic gravimetric filling instruments when properly adjusted using appropriate intended means; and

(c) the integrity of the automatic gravimetric filling instrument.

3.  The technical documentation shall include insofar as relevant for assessment and identification of the type and/or automatic gravimetric filling instrument— U.K.

(a) a general description of the instrument;

(b) conceptual design and manufacturing drawings and plans of components and circuits;

(c) manufacturing procedures to ensure consistent production;

(d) if applicable, a description of the electronic devices with drawings, diagrams, flow diagrams of the logic and general software information explaining their characteristics and operation;

(e) descriptions and explanations necessary for the understanding of sub-paragraphs (b), (c) and (d), including the operation of the instrument;

(f) a list of the relevant national standards and/or relevant normative documents, applied in full or in part;

(g) descriptions of the solutions adopted to meet the essential requirements where the relevant national standards and/or relevant normative documents have not been applied;

(h) results of design calculations and examinations;

(i) the appropriate test results, where necessary, to demonstrate that the type and/or instrument is compliant with the requirements of these Regulations under declared rated operating conditions and under specified environmental disturbances; and

(j) the EC-type examination certificates or EC design examination certificates in respect of instruments containing parts identical to those in the design.

4.  The manufacturer shall specify where seals and markings have been applied. U.K.

5.  The manufacturer shall indicate the conditions for compatibility with interfaces, where relevant. U.K.

Regulation 12(3)

SCHEDULE 4 U.K. MARKING AND INSCRIPTIONS

1.  The CE marking consists of the symbol “CE” according to the design laid down in paragraph I.B(d) of the Annex to Decision 93/465/EEC . The CE marking shall be at least 5 mm high. U.K.

2.  The M marking consists of the capital letter “M” and the last two digits of the year of its affixing, surrounded by a rectangle. The height of the rectangle shall be equal to the height of the CE marking. The M marking shall immediately follow the CE marking. U.K.

3.  The identification number of the notified body concerned shall follow the CE marking and the M marking. U.K.

4.  When an automatic gravimetric filling instrument consists of a set of devices operating together, the markings shall be affixed on the instrument's main device. U.K.

5.  The CE marking and the M marking shall be indelible. The identification number of the notified body concerned shall be indelible or self-destructive upon removal. All markings shall be clearly visible or easily accessible. U.K.

Regulations 2(1) and 14(1)

SCHEDULE 5 U.K. REQUIREMENTS FOR USE FOR TRADE

PART 1 U.K. ACCURACY CLASSES

Table 1

Accuracy classes for automatic gravimetric filling instruments for use for trade

Description of use of filling instrument	Maximum capacity of filling instrument	Accuracy class
(1)	(2)	(3)
For use for weighing potato crisps and similar products commonly known as “snack foods”	Any capacity	X2
For use for weighing solid fuel	110 kg or less	X(1)
For use for weighing vegetable produce	55 kg or less	X(1)
For weighing waste	Any capacity	X(1)
For use for weighing materials not described in any of the above

Marginal Citations

M2 1990 c. 43.

M3 1993 c. 12.

PART 2 U.K. MAXIMUM PERMISSIBLE ERRORS

Maximum permissible error value for instruments in use for trade U.K.

Regulation 34

SCHEDULE 6 U.K. ADAPTATIONS FOR NORTHERN IRELAND

1.  In regulation 2(2), the reference to the Weights and Measures Act 1985 shall be construed as a reference to the Weights and Measures (Northern Ireland) Order 1981 . U.K.

2.  Part III does not apply to Northern Ireland. U.K.

3.  In regulation 18— U.K.

(a) for paragraph (1), substitute the following paragraph—

“(1) The Department of Enterprise, Trade and Investment shall enforce these Regulations in Northern Ireland.”; and

(b) for paragraph (3), substitute the following paragraph—

“(3) No proceedings for an offence under these Regulations shall be instituted in Northern Ireland except by or on behalf of the Department of Enterprise, Trade and Investment or the Director of Public Prosecutions for Northern Ireland.”.

4.  In regulation 26— U.K.

(a) the reference in paragraph (3) to written information on oath shall be construed as a reference to a complaint on oath; and

(b) for paragraph (9), substitute the following paragraph—

“(9) In this regulation, “credentials” in relation to an enforcement officer, means an authenticated document showing that he is authorised to act to exercise the powers conferred on him by this regulation.”.

5.  In regulation 32(3) the reference to sub-section (1) of section 14 of the Civil Evidence Act 1968 shall be construed as a reference to sub-section (1) of section 10 of the Civil Evidence Act (Northern Ireland) 1971 . U.K.