The Measuring Instruments (EC Requirements) (Amendment) Regulations 2008

Statutory Instruments

2008 No. 1267

WEIGHTS AND MEASURES

The Measuring Instruments (EC Requirements) (Amendment) Regulations 2008

Made

7th May 2008

Laid before Parliament

8th May 2008

Coming into force

1st June 2008

The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the regulation of specifications, construction, placing on the market and use of equipment intended for weighing, measuring or testing or for purposes ancillary thereto.

The Secretary of State, in exercise of the powers conferred by that section, makes the following Regulations.

Marginal Citations

M1 S.I. 1975/427.

M2 1972 c.68.

Citation and commencement U.K.

1.  These Regulations may be cited as the Measuring Instruments (EC Requirements) (Amendment) Regulations 2008 and shall come into force on 1st June 2008.

Amendment of the Measuring Instruments (EEC Requirements) Regulations 1988 U.K.

2.  The Measuring Instruments (EEC Requirements) Regulations 1988 M3 are amended as follows—

(a) for paragraph 1(1)(a) of Schedule 1, there is substituted—

“(a) in the upper part, the distinguishing capital letter of the State which granted the approval (B for Belgium, D for Germany, DK for Denmark, E for Spain, F for France, EL for Greece, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands, P for Portugal, UK for the United Kingdom, A for Austria, S for Sweden, FI for Finland, CZ for the Czech Republic, EST for Estonia, CY for Cyprus, LV for Latvia, LT for Lithuania, H for Hungary, M for Malta, PL for Poland, SI for Slovenia, SK for Slovakia, BG for Bulgaria, RO for Romania) and the last two digits of the year of approval; and”;

(b) for paragraph 5(2)(a) of Schedule 1, there is substituted—

“(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, D for Germany, DK for Denmark, E for Spain, F for France, EL for Greece, I for Italy, IRL for Ireland, L for Luxembourg, NL for the Netherlands, P for Portugal, UK for the United Kingdom, A for Austria, S for Sweden, FI for Finland, CZ for the Czech Republic, EST for Estonia, CY for Cyprus, LV for Latvia, LT for Lithuania, H for Hungary, M for Malta, PL for Poland, SI for Slovenia, SK for Slovakia, BG for Bulgaria, RO for Romania) together, where necessary, with one or two figures identifying a territorial or administrative sub-division; and”; and

(c) for Drawing A in the Annex to Schedule 1, there is substituted the drawing in the Schedule.

Marginal Citations

M3 S.I. 1988/186, as modified by S.I. 1988/296.

Ian Pearson

Minister of State for Science and Innovation,

Department for Innovation, Universities and Skills

7th May 2008

SCHEDULE U.K. Replacement Drawing A

DRAWING ‘A’

DRAWING ‘A’ (continued)

DRAWING ‘A’ (continued)

Explanatory Note

(This note is not part of the Regulations)

These Regulations update the Measuring Instruments (EEC Requirements) Regulations 1988 (S.I. 1988/186). The 1988 Regulations implement Council Directive 71/316/EEC on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (OJ L 202, 6.9.1971, p.1; English special edition: Series I Chapter 1971(II) p.707), as amended. Directive 71/316/EEC is an umbrella measure which provides for the pattern approval and verification of various types of weighing and measuring equipment (referred to in the Directive as “instruments”), which are required to comply with standards set out in other, more specific directives in order to be traded freely within the EU single market. For new designs of certain instrument types, Directive 71/316/EEC has been superseded by the Measuring Instruments Directive (2004/22/EC), but it remains relevant for a number of older instruments which are still manufactured.

When an instrument has been granted pattern approval or has successfully undergone initial verification under Directive 71/316/EEC, it must be marked in such a way as to indicate, amongst other things, by which Member State the approval has been granted or in which Member State the verification has taken place as the case may be. As originally adopted, the Directive specified the form of these marks, based on stylized versions of the distinguishing letters of the then Member States. As new Member States have joined, the Annex setting out these national identification marks has had to be updated so as to include new marks based on stylized version of the distinguishing letters of the new Member States. The national identification marks were transposed into the 1988 Regulations as part of Drawing A in the Annex to Schedule 1.

These Regulations update Drawing A and the related provisions of Schedule 1 so as to reflect the addition to the Directive of national identification marks for a number of Member States. As such, they reflect amendments made to the Directive by—

(a)

the Act of Accession of Austria, Sweden and Finland (OJ C 241, 29.8.1994, p.21, adapted by Council Decision 95/1/EC, Euratom, ECSC, OJ L 1, 1.1.1995, p.1) and Council Directive 2007/13/EC (OJ L 73, 13.3.2007, p.10), which reflected the accession of those countries and the addition of their identification marks;

(b)

the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p.33) and Council Directive 2007/13/EC (OJ L 73, 13.3.2007, p.10), which reflected the accession of those countries and the addition of their identification marks; and

(c)

Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p.81) which reflected the accession of, and the addition of identification marks for, Bulgaria and Romania.