Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control (71/316/EEC) (repealed)

Council Directive

of 26 July 1971

on the approximation of the laws of the Member States relating to common provisions for both measuring instruments and methods of metrological control

(71/316/EEC) (repealed)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliament(1);

Having regard to the Opinion of the Economic and Social Committee(2);

Whereas, in each Member State, mandatory provisions determine the technical characteristics of measuring instruments and the methods of metrological control; whereas these requirements differ from one Member State to another; whereas these differences hinder trade and may create unequal conditions of competition within the Community;

Whereas one of the objects of controls in each Member State is to give assurance to customers that quantities delivered correspond to the price paid; whereas consequently the aim of this Directive is not to abolish these controls but to eliminate differences between rules in so far as these constitute a hindrance to trade;

Whereas these hindrances to the establishment and functioning of the common market can be reduced and eliminated if the same requirements apply in Member States, initially complementing national provisions in force and later, when the necessary conditions exist, replacing those provisions;

Whereas, even during the period when they coexist with national provisions, the Community requirements will enable firms to manufacture products which have uniform technical characteristics and can therefore be marketed and used throughout the Community after they have undergone EEC controls;

Whereas Community technical requirements for design and functioning should ensure that instruments continuously give measurements that are sufficiently accurate for their intended purpose;

Whereas compliance with technical requirements is usually confirmed by Member States before measuring instruments are placed on the market or used for the first time, and where appropriate when they are in service, such confirmation being carried out in particular by means of pattern approval and verification procedures; whereas in order to achieve free movement of these instruments within the Community it is also necessary to provide for mutual recognition of controls among Member States and to establish appropriate EEC pattern approval and initial verification procedures for this purpose as well as EEC methods of metrological control, in accordance with this Directive and with the relevant separate directives;

Whereas the presence, on a measuring instrument or a product, of signs or marks showing that it has undergone the appropriate controls indicates that such instrument or product satisfies the relevant technical requirements of the Community, and therefore that when the instrument or product is imported or put into operation it is unnecessary to repeat the controls which have already been carried out;

Whereas national metrological rules cover numerous categories of measuring instruments and products; whereas this Directive should lay down the general provisions dealing, in particular, with EEC pattern approval and initial verification procedures, as well as EEC methods of metrological control; whereas implementing directives covering the various categories of instruments and products will lay down the technical requirements as to design, functioning and accuracy, the control procedures and, where appropriate, the conditions under which Community technical requirements are to replace the national provisions in force;

HAS ADOPTED THIS DIRECTIVE:

(1)

OJ No C 45, 10.5.1971, p. 26.

(2)

OJ No C 36, 19.4.1971, p. 8.