The Non-automatic Weighing Instruments (EEC Requirements) Regulations 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations (“the Regulations”) implement Council Directive 90/384/EEC ( “the Directive”) on the harmonisation of the laws of the member States relating to non-automatic weighing instruments ( “instruments”, defined in regulation 2(1)).

After 31st December 2002, they replace the Weights and Measures Act 1985 (except for the purposes of Part III of the Regulations (use for trade)) and the Measuring Instruments (EEC Requirements) Regulations 1988, in so far as they relate to such instruments, but instruments in use immediately before that date may continue to be used under existing provisions in accordance with regulation 3.

In accordance with the Directive, the Regulations distinguish between two categories of use—

(1) instruments used for an application set out in article 1.2(a) of the Directive repeated in Schedule 3 ( “Schedule 3 applications”) must satisfy the essential requirements set out in Annex I of the Directive (set out in Schedule 2) (regulation 5); and

(2) instruments which are used for any other application must bear only certain inscriptions (regulation 6). The Regulations—

(a) prohibit the use of instruments for Schedule 3 applications and the supply of instruments for other applications unless the relevant requirements have been met (regulation 4);

(b) provide for conformity to relevant national standards corresponding to harmonised standards adopted by one or both of the European Committee for Standardisation and the European Committee for Electrotechnical Standardis-ation to be taken as a means of satisfying the essential requirements (regulation 7);

(c) specify the weights to be used for testing instruments for the purposes of EC verification, EC unit verification, EC declaration of type conformity and testing in service (regulation 8);

(d) provide for designation by the Secretary of State of bodies to carry out:

(i) the examination, evaluation and surveillance of quality systems operated by manufacturers of instruments, and

(ii) EC verification (individual local weights and measures authorities), ( “approved bodies”) and designate all weights and measures authorities to carry out inspection and testing of instruments (regulation 9);

(e) provide for the Secretary of State to consider applications for type-examination, to issue EC type-approval certificates and additions to such certificates approving modifications or additions to approved types (regulation 10 and Schedule 1);

(f) provide for only one application for ECtype-examination to be made in respect of any one instrument (regulation 10(10));

(g) provide for EC verification, the procedure whereby an approved body examines and tests instruments to verify that they have been manufactured in conformity with the approved type (where appropriate) and satisfy the relevant provisions of the Directive and, if they do so, affixes the EC mark of conformity and the sticker which indicates validity for use for a Schedule 3 application (regulations 11 and 18 and Schedule 4);

(h) provide for EC unit verification, the procedure whereby the Secretary of State examines and tests a single instrument to verify that it satisfies the relevant provisions of the Directive, including the essential requirements and, if it does so, affixes the EC mark of conformity and the sticker (regulations 12 and 18 and Schedule 4);

(i) provide for approved bodies to approve manufacturers' quality systems, thus authorising them to make EC declarations of type conformity in respect of instruments manufactured by them and to affix the EC mark of conformity and the sticker (regulations 13 and 18 and Schedule 4);

(j) specify the examinations and tests and regulate the places where the tests may be carried out, for the purposes of EC verification, EC unit verification and EC declaration of type conformity (regulation 14);

(k) provide for the periodic surveillance by an approved body of the manufacturer’s maintenance and application of the approved quality system and for withdrawal of the approval of the quality system if its requirements are not met (regulations 15 and 17);

(l) provide for the suspension of EC declarations of type conformity in certain circumstances and for a review procedure (regulations 16 and 21);

(m) forbid the affixing of the EC mark of conformity to an instrument if this would indicate compliance with other binding Community provisions with which the instrument does not comply (regulation 19);

(n) provide for the issue of notices to a manufacturer in cases where the EC mark of conformity has been wrongly affixed, for a review procedure and for withdrawal of the EC type-approval certificate (regulations 20 and 21);

(o) give information about the availability of judicial review of decisions of the Secretary of State and of approved bodies (regulation 22);

(p) provide for penalties and forfeiture in connection with the unauthorised affixing of the EC mark of conformity, inscriptions and sticker (regulation 23);

(q) provide for the affixing of disqualification stickers on instruments and for powers of inspection, testing and entry (regulations 24, 25 and 27);

(r) provide for the withdrawal from the market, and from use, of instruments which are not satisfactory (regulation 26);

(s) make provision in relation to instruments which are used for trade (regulations 28 to 38);

(t) provide penalties for obstruction of, or failure to assist, authorised persons and for prosecution of offences (regulations 39 and 40 to 42).

The Regulations (except regulations 28 to 38) apply with modifications to Northern Ireland (regulation 43 and Schedule 5).

Copies of Nonautomatic Weighing Instruments, Part 1: Metrological and Technical Requirements—Tests (see regulation 2(4)) may be obtained from the International Organisation for Legal Metrology, 11 rue Turgot, Paris, 75009, France. Copies of the European Standard on the Metrological Aspects of Non-automatic Weighing Instruments (see regulations 8 and 15) may be obtained from the National Weights and Measures Laboratory, Stanton Avenue, Teddington, Middlesex, TW11 0JZ.