- Latest available (Revised)
- Point in Time (01/01/2013)
- Original (As adopted by EU)
Directive 2009/23/EC of the European Parliament and of the Council of 23 April 2009 on non-automatic weighing instruments (Codified version) (Text with EEA relevance) (repealed)
When the UK left the EU, legislation.gov.uk published EU legislation that had been published by the EU up to IP completion day (31 December 2020 11.00 p.m.). On legislation.gov.uk, these items of legislation are kept up-to-date with any amendments made by the UK since then.
Legislation.gov.uk publishes the UK version. EUR-Lex publishes the EU version. The EU Exit Web Archive holds a snapshot of EUR-Lex’s version from IP completion day (31 December 2020 11.00 p.m.).
Version Superseded: 20/04/2016
EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.
The terminology used is that of the International Organisation of Legal Metrology.
Where an instrument includes, or is connected to, more than one indicating or printing device used for the applications listed in point (a) of Article 1(2), those devices which repeat the results of the weighing operation and which cannot influence the correct functioning of the instrument shall not be subject to the essential requirements if the weighing results are printed or recorded correctly and indelibly by a part of the instrument which meets the essential requirements and the results are accessible to both parties concerned by the measurement. However, in the case of instruments used for direct sales to the public, display and printing devices for the vendor and the customer must fulfil the essential requirements.
The units of mass used shall be the legal units within the meaning of Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement(1).
Subject to compliance with this condition, the following units are permitted:
SI units: kilogram, microgram, milligram, gram, tonne,
imperial unit: troy ounce, if weighing precious metals,
other non-SI unit: metric carat, if weighing precious stones.
For instruments that make use of the imperial unit of mass referred to above, the relevant essential requirements specified below shall be converted to that unit, using simple interpolation.
special
high
medium
ordinary
The specifications of these classes are given in Table 1.
Accuracy classes
The minimum capacity is reduced to 5 e for instruments in classes II and III for determining a conveying tariff.
1 × 10k, 2 × 10k, or 5 × 10k mass units,
k being any integer or zero.
d = e.
e = 1 × 10k g,
d < e ≤ 10 d,
except for instruments of class I with d < 10–4 g, for which e = 10–3 g.
Instruments equipped with an auxiliary indicating device shall belong to class I or class II. For these instruments the minimum capacity lower limits for these two classes are obtained from Table 1 by replacement in column 3 of the verification scale interval (e) by the actual scale interval (d).
If d < 10–4 g, the maximum capacity of class I may be less than 50 000 e.
Multiple weighing ranges are permitted, provided they are clearly indicated on the instrument. Each individual weighing range is classified according to point 3.1. If the weighing ranges fall into different accuracy classes the instrument shall comply with the severest of the requirements that apply for the accuracy classes in which the weighing ranges fall.
Multi-interval instruments shall not be equipped with an auxiliary indicating device.
where:
=
1, 2, … r,
=
partial weighing range number,
=
the total number of partial weighing ranges.
All capacities are capacities of net load, irrespective of the value of any tare used.
Multi-interval instruments
i = 1, 2, … r i = partial weighing range number r = total number of partial weighing ranges | |||||
a For i = r, the corresponding column of Table 1 applies, with e replaced by er. | |||||
Class | Verification scale interval (e) | Minimum capacity (Min) | Number of verification scale intervals | ||
---|---|---|---|---|---|
Minimum value | Minimum valuea | Maximum value | |||
I | 0,001 | g ≤ ei | 100 e1 | 50 000 | — |
II | 0,001 | g ≤ ei ≤ 0,05 g | 20 e1 | 5 000 | 100 000 |
0,1 | g ≤ ei | 50 e1 | 5 000 | 100 000 | |
III | 0,1 | g ≤ ei | 20 e1 | 500 | 10 000 |
IIII | 5 | g ≤ ei | 10 e1 | 50 | 1 000 |
The maximum permissible errors apply to the net value and tare value for all possible loads, excluding preset tare values.
Maximum permissible errors
Load | Maximum permissible error | |||
---|---|---|---|---|
Class I | Class II | Class III | Class IIII | |
0 ≤ m ≤ 50 000 e | 0 ≤ m ≤ 5 000 e | 0 ≤ m ≤ 500 e | 0 ≤ m ≤ 50 e | ± 0,5 e |
50 000 e < m ≤ 200 000 e | 5 000 e < m ≤ 20 000 e | 500 e < m ≤ 2 000 e | 50 e < m ≤ 200 e | ± 1,0 e |
200 000 e < m | 20 000 e < m ≤ 100 000 e | 2 000 e < m ≤ 10 000 e | 200 e < m ≤ 1 000 e | ± 1,5 e |
The weighing results shall be sufficiently insensitive to changes in the position of the load on the load receptor.
5 °C for an instrument in class I,
15 °C for an instrument in class II,
30 °C for an instrument in class III or IIII.
In the absence of a manufacturer’s specification, the temperature range of – 10 °C to + 40 °C applies.
Instruments operated from battery power shall indicate whenever the voltage drops below the minimum required value and shall under those circumstances either continue to function correctly or be automatically put out of service.
Upon automatic detection of a significant fault, electronic instruments shall provide a visual or audible alarm that shall continue until the user takes corrective action or the fault disappears.
Digital electronic devices shall always exercise adequate control of the correct operation of the measuring process, of the indicating device, and of all data storage and data transfer.
Upon automatic detection of a significant durability error, electronic instruments shall provide a visual or audible alarm that shall continue until the user takes corrective action or the error disappears.
The indication of the weighing results and other weight values shall be accurate, unambiguous and non-misleading and the indicating device shall permit easy reading of the indication under normal conditions of use.
The names and symbols of the units referred to in point 1 of this Annex shall comply with the provisions of Directive 80/181/EEC with the addition of the symbol for the metric carat which shall be the symbol ‘ct’.
Indication shall be impossible above the maximum capacity (Max), increased by 9 e.
An auxiliary indicating device is permitted only to the right of the decimal mark. An extended indicating device may be used only temporarily, and printing shall be inhibited during its functioning.
Secondary indications may be shown, provided that they cannot be mistaken for primary indications.
Printed results shall be correct, suitably identified and unambiguous. The printing shall be clear, legible, non-erasable and durable.
When appropriate, instruments shall be fitted with a levelling device and a level indicator, sufficiently sensitive to allow proper installation.
Instruments may be equipped with zeroing devices. The operation of these devices shall result in accurate zeroing and shall not cause incorrect measuring results.
The instruments may have one or more tare devices and a preset tare device. The operation of the tare devices shall result in accurate zeroing and shall ensure correct net weighing. The operation of the preset tare device shall ensure correct determination of the calculated net value.
Instruments for direct sale to the public shall show all essential information about the weighing operation and, in the case of price-indicating instruments, shall clearly show the customer the price calculation of the product to be purchased.
The price to pay, if indicated, shall be accurate.
Price-computing instruments shall display the essential indications long enough for the customer to read them properly.
Price-computing instruments may perform functions other than per-article weighing and price computation only if all indications related to all transactions are printed clearly and unambiguously and are conveniently arranged on a ticket or label for the customer.
Instruments shall bear no characteristics that can cause, directly or indirectly, indications the interpretation of which is not easy or straightforward.
Instruments shall safeguard customers against incorrect sales transactions due to their malfunctioning.
Auxiliary indicating devices and extended indicating devices are not permitted.
Supplementary devices are permitted only if they cannot lead to fraudulent use.
Instruments similar to those normally used for direct sales to the public which do not satisfy the requirements of this Section must carry near to the display the indelible marking ‘Not to be used for direct sale to the public’.
Price labelling instruments shall meet the requirements of price indicating instruments for direct sale to the public, as far as applicable to the instrument in question. The printing of a price label shall be impossible below a minimum capacity.
The application shall include:
the name and address of the manufacturer and, if the application is lodged by the authorised representative, his name and address in addition,
a written declaration that the application has not been lodged with any other notified body,
the design documentation, as described in Annex III.
The applicant shall place at the disposal of the notified body an instrument, representative of the production envisaged, hereinafter the ‘type’.
The certificate shall have a validity period of 10 years from the date of its issue, and may be renewed for subsequent periods of 10 years each.
In the event of fundamental changes to the design of the instrument, e.g. as a result of the application of new techniques, the validity of the certificate may be limited to two years and extended by three years.
applications received for EC type-examination,
EC type-approval certificates issued,
applications for type-certificates refused,
additions and amendments relating to documents already issued.
Each notified body shall moreover inform all the Member States forthwith of withdrawals of EC type-approval certificates.
Each Member State shall make this information available to the bodies which it has notified.
Modifications to the approved type must receive additional approval from the notified body that issued the EC type-approval certificate where such changes influence conformity with the essential requirements of this Directive or the prescribed conditions for use of the instrument. This additional approval is given in the form of an addition to the original EC type-approval certificate.
The manufacturer or his authorised representative established within the Community shall affix the ‘CE’ conformity marking to each instrument and the inscriptions provided for in Annex IV and shall draw up a written declaration of conformity.
The ‘CE’ conformity marking shall be accompanied by the identification number of the notified body responsible for the EC surveillance referred to in point 2.4.
The application shall include:
an undertaking to carry out the obligations arising from the approved quality system,
an undertaking to maintain the approved quality system to ensure its continuing suitability and effectiveness.
The manufacturer shall make available to the notified body all relevant information, in particular the quality system’s documentation and the design documentation of the instrument.
All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic and orderly manner in the form of written rules, procedures and instructions. This quality system documentation shall ensure a proper understanding of the quality programmes, plans, manuals and records.
It shall contain in particular an adequate description of:
the quality objectives and the organisational structure, responsibilities and powers of the management with regard to product quality,
the manufacturing process, the quality control and assurance techniques and the systematic measures that will be used,
the examinations and tests that will be carried out before, during and after manufacture, and the frequency with which they will be carried out,
the means to monitor the achievement of the required product quality and the effective operation of the quality system.
It shall notify its decision to the manufacturer and inform the other notified bodies thereof. The notification to the manufacturer shall contain the conclusions of the examination and, in the event of refusal, the justification for the decision.
the quality system documentation,
the design documentation,
the quality records, e.g. the inspection reports and tests and calibration data, reports on the qualifications of the personnel concerned, etc.
The notified body shall periodically carry out audits in order to ensure that the manufacturer is maintaining and applying the quality system; it shall provide the manufacturer with an audit report.
In addition, the notified body may carry out unscheduled visits to the manufacturer. During such visits, the notified body may carry out full or partial audits. It shall provide the manufacturer with a report on the visit, and, where appropriate, an audit report.
The notified body shall affix, or cause to be affixed, its identification number to the instrument the conformity of which to requirements has been established, and shall draw up a written certificate of conformity concerning the tests carried out.
The party which carries out the second stage of the procedure shall carry out those examinations and tests that have not yet been carried out.
The manufacturer or his authorised representative shall ensure that he is able to supply the notified body’s certificates of conformity on request.
The technical documentation must render the design, manufacture and operation of the product intelligible and enable an assessment to be made of its conformity with the requirements of this Directive.
The documentation shall include in so far as relevant for assessment:
a general description of the type,
conceptual designs and manufacturing drawings and plans of components, sub-assemblies, circuits, etc.,
descriptions and explanations necessary for the understanding of the above, including the operation of the instrument,
a list of the harmonised standards referred to in Article 6(1), applied in full or in part, and descriptions of the solutions adopted to meet the essential requirements where the harmonised standards referred to in Article 6(1) have not been applied,
results of design calculations made and of examinations, etc.,
test reports,
the EC type-approval certificates and the results of relevant tests on instruments containing parts identical to those in the design.
the ‘CE’ conformity marking comprising the ‘CE’ symbol as described in Annex VI,
the identification number(s) of the notified body/bodies that has/have carried out the EC surveillance or the EC verification.
The abovementioned marking and inscriptions shall be affixed to the instrument and distinctly grouped together;
a green sticker at least 12,5 mm × 12,5 mm square bearing a capital letter ‘M’ printed in black;
the following inscriptions:
the number of the EC type-approval certificate, where appropriate,
the manufacturer’s mark or name,
the accuracy class, enclosed in an oval or in two horizontal lines joined by two half circles,
maximum capacity, in the form Max …,
minimum capacity, in the form Min …,
verification scale interval, in the form e = …,
the last two digits of the year in which the ‘CE’ conformity marking was affixed,
plus, when applicable:
serial number,
for instruments consisting of separate but associated units: identification mark on each unit,
scale interval if it is different from e, in the form d = …,
maximum additive tare effect, in the form T = + …,
maximum subtractive tare effect if it is different from Max, in the form T = – …,
tare interval if it is different from d, in the form dT = …,
maximum safe load if it is different from Max, in the form Lim …,
the special temperature limits, in the form … °C/… °C,
ratio between load receptor and load.
The other instruments must bear:
the manufacturer’s mark or name,
maximum capacity, in the form Max ….
Those instruments may not bear the stickers provided for in point 1.1(b).
That symbol shall be constituted by a capital letter ‘M’ printed in black on a red background at least 25 mm × 25 mm square with two intersecting diagonals forming a cross.
The fulfilment of the conditions under points 1 and 2 shall be periodically verified by the Member States.
The ‘CE’ conformity marking shall consist of the initials ‘CE’ taking the following form:
If the ‘CE’ conformity marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.
The various components of the ‘CE’ conformity marking must have substantially the same vertical dimension, which may not be less than 5 mm.
(referred to in Article 17)
Council Directive 90/384/EEC | |
Council Directive 93/68/EEC | Article 1, point 7, and Article 8 only |
(referred to in Article 17)
a In accordance with Article 15(3) of Directive 90/384/EEC Member States shall permit, during a period of 10 years from the date on which they apply the laws, regulations and administrative provisions adopted by the Member States in order to transpose that Directive into national law, the placing on the market and/or putting into service of instruments which conform to the rules in force before 1 January 1993. | ||
b In accordance with Article 14(2) of Directive 93/68/EEC: ‘Until 1 January 1997, Member States shall allow the placing on the market and the bringing into service of products which comply with the marking arrangements in force before 1 January 1995’. | ||
Directive | Time limit for transposition | Date of application |
---|---|---|
90/384/EEC | 30 June 1992 | 1 January 1993a |
93/68/EEC | 30 June 1994 | 1 January 1995b |
Directive 90/384/EEC | This Directive |
---|---|
Recital 5, last sentence | Article 2, point (3) |
Article 1(1), first subparagraph | Article 2, point (1) |
Article 1(1), second subparagraph | Article 2, point (2) |
Article 1(1), third subparagraph | Article 1(1) |
Article 1(2), introductory wording | Article 1(2), introductory wording |
Article 1(2), point (a)(1) | Article 1(2), point (a)(i) |
Article 1(2), point (a)(2) | Article 1(2), point (a)(ii) |
Article 1(2), point (a)(3) | Article 1(2), point (a)(iii) |
Article 1(2), point (a)(4) | Article 1(2), point (a)(iv) |
Article 1(2), point (a)(5) | Article 1(2), point (a)(v) |
Article 1(2), point (a)(6) | Article 1(2), point (a)(vi) |
Article 1(2), point (b) | Article 1(2), point (b) |
Article 2 | Article 3 |
Article 3 | Article 4 |
Article 4 | Article 5 |
Article 5 | Article 6 |
Article 6, first paragraph, first sentence | Article 7, first paragraph |
Article 6, first paragraph, second sentence | Article 7, second paragraph |
Article 6, second paragraph | Article 7, third paragraph |
Article 7 | Article 8 |
Article 8(1) and (2) | Article 9(1) and (2) |
Article 8(3), point (a) | Article 9(3), first subparagraph |
Article 8(3), point (b) | Article 9(3), second subparagraph |
Article 9 | Article 10 |
Article 10 | Article 11 |
Article 11 | Article 12 |
Article 12 | Article 13 |
Article 13 | Article 14 |
Article 14, first sentence | Article 15, first paragraph |
Article 14, second sentence | Article 15, second paragraph |
Article 15(1) to (3) | — |
Article 15(4) | Article 16 |
Article 15(5) | — |
— | Article 17 |
— | Article 18 |
Article 16 | Article 19 |
Annexes I to VI | Annexes I to VI |
— | Annex VII |
— | Annex VIII |
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As adopted by EU): The original version of the legislation as it stood when it was first adopted in the EU. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different versions taken from EUR-Lex before exit day and during the implementation period as well as any subsequent versions created after the implementation period as a result of changes made by UK legislation.
The dates for the EU versions are taken from the document dates on EUR-Lex and may not always coincide with when the changes came into force for the document.
For any versions created after the implementation period as a result of changes made by UK legislation the date will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. For further information see our guide to revised legislation on Understanding Legislation.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: