Council Directive 71/316/EEC 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

Council Directiveof 26 July 1971on 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) 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 ParliamentOJ No C 45, 10.5.1971, p. 26.; Having regard to the Opinion of the Economic and Social CommitteeOJ No C 36, 19.4.1971, p. 8.; 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:

CHAPTER I Basic principles

Article 1 1. (a)This Directive applies to goods referred to as instruments, which include measuring instruments, components of measuring instruments, additional devices and measurement equipment. (b)This Directive also applies to units of measurement, the harmonization of methods of measurement and metrological control and, where appropriate, the means required for application of such methods. (c)It also applies to the prescription, methods of measurement, metrological control and marking of quantities of prepackaged products. 2. No Member State may, on the basis of this Directive and the separate directives relating to it, prevent, prohibit, or restrict the placing on the market and/or entry into service of an instrument or of a product described in paragraph 1 if that instrument or product bears EEC marks and/or signs in accordance with the conditions laid down by this Directive and by the separate directives relating to the instrument or product in question. 3. Member States shall attach the same value to EEC pattern approval and initial verification as to the corresponding national measures. 4. The separate directives concerning the subjects referred to in paragraph 1 shall specify: in particular, the measurement procedures and characteristics of, and the technical requirements for, their design and functioning, as regards the products referred to in paragraph 1 (a), the requirements concerning paragraph 1 (b) and (c). They may fix the date on which the existing national provisions are to be replaced by Community provisions.

CHAPTER II EEC pattern approval

Article 2 1. EEC pattern approval of instruments constitutes their admission to EEC initial verification and, where the latter is not required, the authorization to place them on the market and/or to put them into service. If the separate directive(s) applicable to a category of instruments exempt(s) that category from EEC pattern approval, the instruments in that category shall be admitted directly to EEC initial verification. 2. If their inspection equipment so permits, Member States shall grant EEC pattern approval for every instrument which satisfies the requirements laid down in this Directive and the separate directives relating to the instrument in question. 3. An application for EEC pattern approval may be made only by the manufacturer or his representative established within the Community. For one and the same instrument, application may be made in one Member State only. 4. A Member State which has granted EEC pattern approval shall take the necessary steps to ensure that it is kept informed of any modification or addition to the approved pattern. It shall inform the other Member States of such alterations. Modifications or additions to an approved pattern must receive additional pattern approval from the Member State which granted EEC pattern approval, where such changes influence or might influence measurement results or the prescribed conditions for use of the instrument. However, in the case of a modified pattern, a new EEC pattern approval shall be granted instead of an addition to the original EEC pattern approval certificate, if the pattern is modified after the provisions of this Directive or of the relevant special directive have been amended or adapted in such a way that the modified pattern could be approved only pursuant to the new provisions. 5. Member States shall grant EEC pattern approval in accordance with the provisions of this Directive and of the relevant separate directives.

Article 3 When EEC pattern approval is granted for ancillary equipment, this approval shall specify: the patterns of instrument to which this equipment may be attached or in which it may be incorporated; the general conditions for the overall functioning of the instruments for which it is approved.

Article 4 When an instrument has successfully completed the EEC pattern approval examination laid down in this Directive and in the separate directives relating to it, the Member State which carried out that examination shall draw up an EEC pattern approval certificate and forward it to the applicant. In the cases provided for in Article 11 or in a separate directive, the applicant must, and in all other cases he may, affix or cause to be affixed on each instrument conforming to the approved pattern the EEC approval sign shown in this certificate.

Article 5 1. EEC pattern approval shall be valid for 10 years. It may be extended for successive periods of 10 years; the number of instruments which may be manufactured in accordance with the approved pattern shall not be limited. EEC pattern approvals granted on the basis of the provisions of this Directive and of a separate directive may not be extended after the date of the entry into force of any amendment to, or adaptation of, these Community provisions, in cases where such EEC pattern approvals could not have been granted on the basis of these new provisions. When EEC pattern approval is not extended, this approval shall nevertheless continue to apply to EEC instruments already in service. 2. Where use is made of new techniques not provided for in a separate directive, EEC pattern approval with limited effect may be granted, after prior consultation of the other Member States. It may include the following restrictions: limit on the number of instruments which may be covered by the approval, obligation to notify the competent authorities of the places of installation, restrictions on use, special restrictions concerning the technique used. However, it may not be granted unless: the separate directive for that category of instruments has come into force, no derogation has been made from the maximum permissible errors laid down in the separate directives. The period of validity of such approval shall not exceed two years. It may be extended by up to three years at most. 3. The Member State which has granted the limited EEC pattern approval referred to in paragraph 2 shall apply for adjustment to technical progress of the Annexes to this Directive, where appropriate, and of the separate directives, in accordance with the procedure set out in Article 18, as soon as it considers that a new technique has proved to be satisfactory.

Article 6 When EEC pattern approval is not required for a category of instruments which meets the requirements of a separate directive, the manufacturer may, on his own responsibility, affix to the instruments in this category the special sign described in item 3.3 of Annex I.

Article 7 1. The Member State which has granted EEC pattern approval may withdraw it: (a)if instruments for which this approval was granted do not conform to the approved pattern or to the provisions of the relevant separate directive; (b)if the metrological requirements specified in the certificate of approval or the provisions of Article 5 (2) are not met; (c)if it ascertains that approval was granted in an improper manner. 2. The Member State which has granted EEC pattern approval must withdraw it if the instruments constructed according to an approved pattern reveal in service a defect of a general nature which makes them unsuitable for their intended use. 3. If that Member State is informed by another Member State of the occurrence of one of the cases covered by paragraphs 1 and 2, it shall likewise take the measures provided for in those paragraphs, after consulting with that other State. 4. The Member State which declares that the case referred to in paragraph 2 has arisen may forbid the placing on the market and putting into service of the instruments concerned until further notice. It shall immediately inform the other Member States and the Commission, stating the reasons on which its decision is based. The same procedure shall apply in the cases mentioned in paragraph 1, with respect to instruments which have been exempted from EEC initial verification, if the manufacturer, after due warning, does not bring the instruments into line with the approved pattern or with the requirements of the relevant separate directive. 5. If the Member State which granted the approval disputes that the case referred to in paragraph 2 of which it has been informed has arisen, or disputes that the measures taken in pursuance of paragraph 4 are justified, the Member States concerned shall endeavour to settle the dispute. The Commission shall be kept informed and shall, where necessary, hold appropriate consultations for the purpose of reaching a settlement.

CHAPTER III Initial verification

Article 8 1. (a)EEC initial verification constitutes the examination of a new or reconditioned instrument and the confirmation of its conformity to the approved pattern and/or to the requirements of this Directive and the separate directives relating to the instrument in question; it is certified by the EEC initial verification mark. (b)EEC initial verification of instruments may be carried out by a method other than unit checking in the cases specified in the separate directives and in accordance with the procedures adopted. 2. If they have the requisite equipment, Member States shall carry out EEC initial verification of instruments submitted as having the measurement characteristics and satisfying the technical construction and functioning requirements laid down by the separate directive on this category of instruments. 3. In the case of instruments bearing the EEC initial verification mark, the obligation imposed on Member States by Article 1 (2) shall last until the end of the year following that in which the EEC initial verification mark was affixed, unless separate directives make provision for a longer period.

Article 9 1. When an instrument is submitted for EEC initial verification, the Member State carrying out the examination shall determine: (a)whether the instrument belongs to a category exempt from EEC pattern approval and, if so, whether it satisfies the technical construction and functioning requirements laid down by the separate directives relating to that instrument; (b)whether the instrument has received EEC pattern approval and, if so, whether it conforms to the approved pattern, and to the separate directives relating to that instrument, in force on the date of issue of this EEC pattern approval. 2. The examination carried out in EEC initial verification relates in particular, in accordance with the separate directives, to: the metrological characteristics, the maximum permissible errors, the construction, in so far as this guarantees that the measurement characteristics are not likely to deteriorate to any great extent under normal conditions of use, the presence of prescribed inscriptions and stamp plates or provisions for EEC verification marking.

Article 10 When an instrument has successfully undergone EEC initial verification, in accordance with the requirements of this Directive and of the separate directives, the EEC partial or final verification marks described in Annex II to this Directive shall be affixed to that instrument under the responsibility of the Member State in accordance with the rules laid down in that Annex.

Article 11 When EEC initial verification is not required for a category of instruments which meet the requirements of a separate directive, the manufacturer shall, on his own responsibility, affix to the instruments in that category the special symbol described in item 3.4 of Annex I.

CHAPTER IV Provisions for both EEC pattern approval and EEC initial verification

Article 12 Member States shall take all necessary measures to prevent the use on instruments of marks or inscriptions liable to be confused with the EEC signs or marks.

Article 13 Each Member State shall notify the other Member States and the Commission of the services, agencies and institutes which are duly authorized to carry out the examinations specified in this Directive and in the separate directives, to issue the EEC pattern approval certificates and to affix the EEC initial verification marks.

Article 14 Member States may require that the prescribed inscriptions be drawn up in their official language or languages.

CHAPTER V Control of instruments in service

Article 15 The separate directives shall specify the control requirements for instruments in service which bear EEC signs or marks and in particular the maximum errors permitted in service. If national provisions on instruments which do not bear EEC signs or marks lay down less stringent requirements, the latter may serve as criteria for the controls.

CHAPTER VI EEC methods of metrological control

Article 16 1. The harmonisation of methods of measurement and of metrological control and, where appropriate, of the means necessary for their application may be regulated by separate directives. 2. Harmonisation of the requirements for marketing certain products, in particular as regards the prescription, measurement and marking of pre-packed quantities, may also be covered by separate directives.

CHAPTER VI Adjustment of directives to technical progress

Article 16 The amendments necessary for adjusting to technical progress the Annexes to this Directive and the Annexes to the separate directives referred to in Article 1 shall be adopted in accordance with the procedure laid down in Article 18. However, this procedure shall not apply to the chapter relating to imperial units of measurement of the Annex to the Directive on units of measurement and the Annexes, concerning quantity ranges for pre-packed quantities of products, to the directives on pre-packed products.

Article 17 1. A Committee for adjustment to technical progress of the Directives referred to in Article 16 (hereinafter called "the Committee") is hereby set up. It shall consist of representatives of the Member States with a representative of the Commission as chairman. 2. The Committee shall adopt its own rules of procedure.

Article 18 1. The Commission shall be assisted by the Committee for Adjustment to Technical Progress of the Directives referred to in Article 16. 2. Where reference is made to this Article, Articles 5 and 7 of Decision 1999/468/ECOJ L 184, 17.7.1999, p. 23. shall apply. The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months. 3. The committee shall adopt its rules of procedure.

CHAPTER VII Final provisions

Article 19 All decisions taken pursuant to the provisions adopted in implementation of this Directive and of the separate directives on the instruments in question and refusing to grant or extend EEC pattern approval, withdrawing such approval, refusing to carry out EEC initial verification or prohibiting the placing on the market or entry into service shall state the reasons on which they are based. Such refusal, withdrawal or prohibition shall be notified to the party concerned, who shall at the same time be informed of the remedies available to him under the laws in force in the Member States and of the time limits allowed for the exercise of such remedies.

Article 20 1. Member States shall put into force the laws, regulations and administrative provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof. 2. Member States shall ensure that the text of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.

Article 21 This Directive is addressed to the Member States.

null ANNEX I EEC PATTERN APPROVAL 1.Application for EEC approval 1.1. The application and the correspondence relating to it shall be drawn up in an official language in accordance with the laws of the State to which the application is made. The Member State has the right to require the annexed documents should also be written in the same official language.The applicant shall send simultaneously to all Member States a copy of his application. 1.2. The application shall contain the following information: the name and address of the manufacturer or the firm, or of his or its authorised representative or of the applicant, the category of instrument, the intended use, the measurement characteristics, the commercial designation if any, or the type. 1.3. The application shall be accompanied by the documents necessary for its evaluation, in duplicate, and in particular: 1.3.1. A description in particular of: the construction and operation of the instrument, the protecting arrangements ensuring correct working, the devices for regulation and adjustment, the intended locations for: verification marks seals (where applicable). 1.3.2. General arrangement drawings and, where necessary, detailed drawings of important components. 1.3.3. A schematic drawing illustrating the principles of operation and, where necessary, a photograph. 1.4. The application shall be accompanied, where appropriate, by documents relevant to the national approvals already granted. 2.Examination for EEC approval 2.1. The examination shall comprise: 2.1.1. Study of the documents and an examination of the measurement characteristics of the pattern in the laboratories of the metrological service, in approved laboratories or at the place of manufacture, delivery or installation. 2.1.2. If the measurement characteristics of the pattern are known in detail, only an examination of the documents submitted. 2.2. The examination shall cover the entire performance of the instrument under normal conditions of use. Under such conditions, this instrument must maintain the measurement characteristics required. 2.3. The nature and scope of the examination mentioned in 2.1 may be specified by separate directives. 2.4. The metrological service may require the applicant to put at its disposal the standards and the appropriate means in material and assisting personnel for the performance of the approval tests. 3.EEC certificate and sign of approval 3.1. The certificate shall give the results of the examination of the pattern and shall specify the other requirements which must be complied with. It shall be accompanied by descriptions, drawings and diagrams necessary to identify the pattern and to explain its functioning. The sign of approval provided for in Article 4 of this Directive shall be a stylised letter ε containing: 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, N L for 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. in the lower part, a designation to be determined by the metrological service which granted approval (an identification number). An example of this approval sign is shown in item 6.1. 3.2. In the case of EEC limited approval, a the letter P, having the same dimensions as the stylised letter ε, shall be placed before this letter.An example of this limited approval sign is shown in item 6.2. 3.3. The sign mentioned in Article 6 of this Directive is the same as the EEC approval sign, except that the stylized letter E is reversed symmetrically about a vertical axis and bears no other indication unless the separate directives stipulate otherwise.An example of this sign is shown in item 6.3. 3.4. The sign mentioned in Article 11 of this Directive is the same as the EEC approval sign in a hexagon.An example of this sign is shown in item 6.4. 3.5. The signs mentioned in the previous items and affixed by the manufacturer in accordance with the provisions of the Directive must be affixed at a visible point of each instrument and all ancillary equipment submitted for verification, and must be legible and indelible. If their affixation presents technical difficulties, exceptions may be made in separate directives or accepted after agreement among the metrological services of Member States has been reached. 4.Depositing of a sample instrument In the cases mentioned by separate directives, the service which granted the approval may, if it considers this necessary, request the deposition of the sample instrument for which approval has been granted. Instead of this sample instrument, the service may authorise the depositing of parts of the instrument, of scale models or of drawings, and will mention this on the EEC certificate of approval. 5.Announcement of approval 5.1. EEC pattern approvals and EEC limited pattern approvals shall be published in a special Annex to the Official Journal of the European Communities. The same applies to EEC additional pattern approvals. 5.2. At the same time as the party concerned is notified, copies of the EEC certificate of approval shall be sent to the Commission and to the other Member States; the latter can also obtain copies of the reports of the metrological examinations if they wish. 5.3. Withdrawal of EEC pattern approval and other communications concerning the extent and validity of EEC pattern approval shall also be subject to the announcement procedure mentioned in item5.1 and 5.2. 5.4. A Member State which refuses to grant EEC pattern approval shall inform the other Member States and the Commission of its decision. 6.Signs relative to EEC pattern approval 6.1.Sign of EEC pattern approval Example:

EEC pattern approval granted by the Metrological Service of the Federal Republic of Germany in 1971 (see item 3.1, first indent)Identification number of the EEC pattern approval (see item 3.1, second indent)

6.2.Sign of EEC limited pattern approval (see item 3.2) Example:

EEC limited pattern approval granted by the Metrological Service of the Federal Republic of Germany in 1971.Identification number of the EEC limited pattern approval.

6.3.Sign of exemption from EEC pattern approval (see item 3.3) Example: 6.4.Sign of EEC pattern approval for instruments exempt from initial verification (see item 3.4) Example:

EEC pattern approval granted by the Metrological Service of the Federal Republic of Germany in 1971.Identification number of the EEC pattern approval.

ANNEX II EEC INITIAL VERIFICATION 1.General points 1.1. The EEC initial verification may be carried out in one or more stages (usually two). 1.2. Subject to the provisions of the separate directives: 1.2.1. The EEC initial verification shall be carried out in one stage on instruments which constitute a whole on leaving the factory, that is to say instruments which, theoretically, can be transferred to their place of installation without first having to be dismantled. 1.2.2. The EEC initial verification shall be carried out in two or more stages for instruments whose correct functioning depends on the conditions in which they are installed or used. 1.2.3. The first stage of the verification procedure must ensure, in particular, that the instrument conforms to the approved pattern or, in the case of instruments exempt from pattern approval, that they conform to the relevant provisions. 2.Place of the EEC initial verification 2.1. If the separate directives do not specify the place where verification is to be carried out, instruments which have to be verified in only one stage shall be verified at the place chosen by the metrological service concerned. 2.2. Instruments which have to be verified in two or more stages shall be verified by the metrological service territorially competent. 2.2.1. The last stage of a verification must be carried out at the place of installation. 2.2.2. The other verification stages of a verification shall be carried out as laid down in item 2.1. 2.3. In particular, when the verification takes place outside the office of verification the metrological service carrying out the verification may require the applicant: to put at its disposal the standards and the appropriate means in material and assisting personnel for the performance of the verification. to provide a copy of the EEC certificate of approval. 3.EEC initial verification marks 3.1.Description of EEC initial verification marks. 3.1.1. Subject to the provisions of separate directives, EEC initial verification marks which are affixed in accordance with item 3.3 shall be as follows: 3.1.1.1. The final EEC verification mark shall be composed of two stamps: (a)the first consists of a letter "e" containing: in the upper half, the distinguishing capital letter of the State where the original check 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 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 subdivision; in the lower half, the identification number of the verifying agent or office; (b)the second stamp shall consist of the last two digits of the year of the verification, in a hexagon. 3.1.1.2. The mark of EEC partial verification shall consist solely of the first stamp. It shall also serve as a seal. 3.2.Shape and dimensions of marks 3.2.1. The attached drawings show the shape, dimensions and outline of the letters and numbers for the EEC initial verification marks as laid down in item 3.1; the first two drawings show the various parts of the stamp, the third is an example of a stamp. The dimensions given in the drawings are relative values; they are a function of the diameter of the circle described about the small letter "e" and about the field of the hexagon. The actual diameters of the circles described about the marks are 1·6 mm, 3·2 mm, 6·3 mm, 12·5 mm. 3.2.2. The metrological services of Member States shall mutually exchange the original drawings of the EEC initial verification marks, conforming to the models in the annexed drawings. 3.3.Affixing the marks 3.3.1. The final EEC verification mark shall be affixed at the appointed location on the instrument when the latter has been completely verified and is recognised to conform to EEC requirements. 3.3.2. The partial EEC verification mark shall be affixed: 3.3.2.1. When verification is made in several stages on the instrument or part of an instrument which fulfils the conditions laid down for operations other than those at the place of installation, at the place where the stamp-date is affixed or in any other place specified in the separate directives. 3.3.2.2. In all cases as a seal, in the places specified in the separate directives.