The Non-automatic Weighing Instruments (EEC Requirements) (Amendment) Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Non-automatic Weighing Instruments (EEC Requirements) Regulations 1995 (S.I. 1995 No. 1907) (“the principal Regulations”) which implement Council Directive 90/384/EEC (OJ No. L189, 20.7.90, p. 1 as corrected by the corrigendum published in OJ No. L258, 22.9.90, p. 35) (as amended by Council Directive 93/68/EEC) (O.J. No. L220, 30.8.93, p. 1) (“the Directive”) on the harmonisation of the laws of the member States relating to non-automatic weighing instruments.

The Regulations make the following changes to the principal Regulations—

1.  regulation 2(2) is amended to clarify the role of the “ostensible” and “effective supplier” in respect of the supply of an instrument (regulation 2(a));

2.  regulation 3 which provides for the application of the principal Regulations is amended in respect of certain of the definitions used therein (regulation 2(b));

3.  regulation 8 is amended to provide that, for testing purposes, in addition to the weights set out in the Table in regulation 8(1), “equivalent equipment” (as defined in the amended regulation 8) may also be used (regulation 2(c));

4.  regulations 11 and 12 are amended to achieve a closer alignment with those provisions of the Directive which they implement. In the latter case the chronological order to be followed when applying the CE marking in the case of EC unit verification is prescribed (regulations 2(d) and (e));

5.  regulation 13(7)(b) is amended to provide a more detailed explanation of the examinations and tests which a manufacturer in making an EC declaration of type conformity indicates he has carried out (regulation 2(f));

6.  regulation 16 is replaced by a new regulation which enables an authorised person to suspend an EC declaration of type conformity (either generally or in relation to particular areas or places) in an extended range of circumstances and against a manufacturer’s authorised representative as well as against a manufacturer. Provisions also permit the manufacturer or his authorised representative to apply for the early removal of a suspension notice in certain circumstances (regulation 2(h));

7.  regulation 20 is deleted (regulation 2(j));

8.  regulation 23(2) is amended to clarify the scope of the exemption from the offence provision in regulation 23(1) in cases of alteration, defacement or removal of any mark (regulation 2(m));

9.  regulation 26 is deleted and replaced by a new provision which enables an authorised person to take immediate enforcement action to restrict the use and availability of instruments in certain circumstances. The new provision lays down the procedures to be followed by the authorised person and the steps which may be taken by the Secretary of State (regulation 2(n));

10.  a new regulation 26A is introduced into the principal Regulations. This provides for compliance notice procedures which are to be followed in circumstances where the affixing of the CE marking to an instrument involves a contravention of the principal Regulations but there is no need for immediate enforcement action as provided for in regulation 26 (regulation 2(o));

11.  a new regulation 27A is introduced into the principal Regulations dealing with the affixing to instruments of re-qualification stickers (regulation 2(p));

12.  certain minor typographical or consequential amendments are made to the principal Regulations (regulations 2(g), (i), (k), (l), (q) and (r)).