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1.—(1) These Regulations may be cited as the Measuring Instruments (Capacity Serving Measures) Regulations 2006.
(2) This regulation, regulations 2, 7, 9 and 10 and Part 1 of Schedule 2 shall come into force on 30th May 2006.
(3) The remaining regulations shall come into force on 30th October 2006.
2.—(1) In these Regulations—
“authorised representative” means a person who is established in a member State and is authorised by a manufacturer, in writing, to act on his behalf;
“brim measure” means a capacity serving measure for which the internal volume is equal to the nominal capacity;
“capacity” means the internal volume for brim measures or internal volume to a filling mark for line measures;
“capacity serving measure” means a capacity measure designed to determine a specified volume of liquid (other than a pharmaceutical product) which is sold for immediate consumption;
“CE marking” means the CE marking referred to in regulation 12;
“the Commission” means the European Commission;
“compliance notice” means a notice served in accordance with regulation 17(2);
“conformity assessment procedure” means any procedure referred to in regulation 6;
“the Directive” means Directive 2004/22/EC of the European Parliament and of the Council of 31st March 2004 on measuring instruments(1);
“disqualification sticker” means a sticker the design of which is published by the Secretary of State and which is affixed to a capacity serving measure in accordance with the regulation 20;
“enforcement authority” means any person who is, pursuant to regulation 16, authorised to enforce these Regulations;
“enforcement notice” means a notice served in accordance with regulation 18(2);
“enforcement officer” means—
an inspector; or
a person appointed by the Secretary of State to act on his behalf to enforce Part II of these Regulations;
“essential requirements” means the requirements set out in Schedule 1;
“harmonised standard” means a technical specification adopted by the European Committee for Standardisation (CEN), the European Committee for Electrotechnical Standardisation (CENELEC) or the European Telecommunications Standards Institute (ETSI) or jointly by two or all of these organisations, at the request of the Commission pursuant to Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society Services(2), as amended by Directive 98/48/EC(3), and prepared in accordance with the General Guidelines agreed between the Commission and one or more of CEN, CENELEC and ETSI;
“in writing” includes text that is—
transmitted by electronic means;
received in legible form; and
capable of being used for subsequent reference;
“line measure” means a capacity serving measure marked with a line to indicate nominal capacity;
“M marking” means the M marking referred to in regulation 12;
“manufacturer” means a person responsible for the conformity of a capacity serving measure with these Regulations with a view to either placing it on the market under his own name or putting it into use for his own purposes, or both;
“normative document” means a document containing technical specifications adopted by the Organisation Internationale de Métrologie Légale, subject to the procedure stipulated in Article 16.1, the reference of which is published by the Commission in the Official Journal of the European Union pursuant to Article 16.1(b);
“notified body” means—
the Secretary of State; or
a United Kingdom notified body; and
for the purposes of regulations 4(1)(c), 18(1)(b), 20(1)(c) and 22(6), a person designated by another member State,
who has been notified to the Commission and the other member States pursuant to Article 11.1;
“notified body criteria” means the criteria set out in Part 1 of Schedule 2;
“place on the market” means making available for the first time in a member State a capacity serving measure intended for an end user, whether for reward or free of charge;
“put into use” means the first use of a capacity serving measure intended for the end user for the purposes for which it was intended;
“relevant national standard” means a standard applicable to a capacity serving measure—
implementing a harmonised standard that has been published in the Official Journal of the European Union C series; and
the reference of which is published—
in the United Kingdom by the Secretary of State; or
in another member State by the competent authority pursuant to the third sub-paragraph of Article 13.1;
“relevant normative document” means a normative document applicable to a capacity serving measure, the reference of which is published—
in the United Kingdom by the Secretary of State; or
in another member State by the competent authority pursuant to the third sub-paragraph of Article 13.2;
“re-qualification sticker” means a sticker the design of which is published by the Secretary of State and which is affixed to a capacity serving measure in accordance with regulation 21;
“transfer measure” means a capacity serving measure from which it is intended that a liquid is decanted prior to consumption; and
“United Kingdom notified body” means a person designated under regulation 7.
(2) Other expressions used in these Regulations have the same meanings as in the Weights and Measures Act 1985.
(3) In these Regulations, a reference to a member State includes Norway, Iceland and Liechtenstein(4).
(4) References in these Regulations to an Article, Annex or a part of an Annex are references to an Article, Annex, or a part of an Annex to the Directive.
3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to a capacity serving measure described in Schedule 3 which is —
(a)for use for trade; and
(b)first placed on the market or put into use on or after 30th October 2006.
(2) These Regulations do not apply to a capacity serving measure which has been first passed as fit for use for trade and stamped before 30th October 2006 under the Capacity Serving Measures (Intoxicating Liquor) Regulations 1988(5) or the Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995(6) and placed on the market before that date.
(3) These Regulations do not apply to a capacity serving measure which is not compliant with the essential requirements and which is displayed or presented at a trade fair, exhibition or demonstration, if a sign displayed visibly on or near the measure clearly indicates that the measure—
(a)is not compliant with those requirements; and
(b)cannot be acquired or used until it is made compliant with those requirements by the manufacturer.
OJ No. L135, 30.4.04, p.1.
OJ No. L204, 21.7.98, p.37.
OJ No. L217, 5.8.98 p.18.
The application of the Directive was extended to the European Economic Area by Decision No. 31/2005 (OJ No. L198, 28.7.05, p.20).