Legal Metrology
S.I. No. 323/2008 –
Legal Metrology (General) Regulations 2008
I, PATRICK FARRAGHER, Director of Legal Metrology, in exercise of the powers conferred on me by Sections 6 , 14 , 15 , 16 and 17 of the Metrology Act 1996 , hereby make the following Regulations:—
Part 1
Preliminary
Citation
1. These Regulations may be cited as the Legal Metrology (General) Regulations 2008.
Interpretation
2. (1) In these Regulations—
‘Act’ means the Metrology Act 1996 (No. 27 of 1996);
‘authorised person’ means a person designated by a special body to apply the verification mark to specific instrument types or categories;
‘Directive 90/384/EEC’ means Council Directive 90/384/EEC of 20 June 1990 on the harmonization of the laws of the member states relating to non-automatic weighing instruments;
‘Directive 2004/22/EC’ means Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on measuring instruments;
‘EEA agreement’ means the Agreement of the European Economic Area signed in Oporto on 2 May 1992 as adjusted by the protocol signed at Brussels on 17 March 1993;
‘EEC initial verification mark’ has the meaning given to it in Regulation 5 (1) of the 1973 Regulations;
‘EEC pattern approval certificate’ means a certificate of approval, granted by the competent authority of a Member State, in respect of the pattern of a measuring instrument which certificate allows for and governs the application of any EEC pattern approval symbol to any measuring instrument;
‘EEC pattern approval symbol’ has the meaning given to it in Regulation 5(2) of the 1973 Regulations;
‘expanded measurement of uncertainty’ means the standard uncertainty of measurement multiplied by a coverage factor k = 2, which for a normal distribution corresponds to a coverage probability of approximately 95%;
‘intoxicating liquor dispenser’ means a measuring instrument other than a material measure used to dispense intoxicating liquor;
‘material measure’ means a device without moving parts intended to reproduce or supply, in a permanent manner during its use, one or more known values of a given quantity;
‘Member State’ means a member state of the European Union or a signatory of the EEA agreement or Switzerland;
‘non-conformity mark’ means the non-conformity mark prescribed under the Legal Metrology (Marks) Regulations, 2008 ( S.I. No. 296 of 2008 )
‘obliteration mark’ means the obliteration mark prescribed under the Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 );
‘OIML’ means the International Organisation for Legal Metrology (Organisation Internationale de Métrologie Légale);
‘security mark’ means the security mark prescribed under the Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 );
‘special body’ means a body authorised under section 12 of the Act;
‘taking out of service’ means taking out of use for the purpose of trade (or in the case of non-automatic weighing instruments taking out of use for any purpose prescribed by Regulation 4 (a) of the 1992 Regulations);
‘taximeter system’ means a taximeter and distance signal generator which together make up a measuring instrument;
‘verification mark’ means the verification mark prescribed under the Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 );
‘weight’ means a material measure of mass;
‘1928 Regulations’ means the Weights and Measures (General) Regulations 1928 (Statutory Rules and Orders No. 71 of 1928);
‘1973 Regulations’ means the European Communities (Measuring Instruments) Regulations 1973 ( S.I. No. 67 of 1973 );
‘1992 Regulations’ means the European Communities (Non-automatic Weighing Instruments) Regulations 1992 ( S.I. No. 424 of 1992 );
‘2006 Regulations’ means the Legal Metrology (Type Approval) Regulations 2006 ( S.I. No. 207 of 2006 );
‘2007 Regulations’ means the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007 ( S.I. No. 160 of 2007 ).
(2) Words and phrases in relation to instrument categories and instrument performance and/or characteristics shall have the meanings assigned to them as in Directive 90/384/EEC, Directive 2004/22/EC or any Directive leading to the affixation of the EEC initial verification mark on any measuring instrument, as appropriate.
(3) Words and phrases not otherwise defined herein shall have the meanings assigned to them by the Act.
Application of Regulations
3. (1) These Regulations shall apply as appropriate to instruments listed in Schedule 2 intended to be used or in use for the purpose of trade.
(2) These Regulations shall apply as appropriate to non-automatic weighing instruments in use for a purpose prescribed by Regulation 4(a) of the 1992 Regulations and references in these Regulations to use for the purpose of trade shall, where the context so admits or requires, include use for a purpose prescribed by Regulation 4(a) of the 1992 Regulations.
(3) Save as otherwise provided, nothing in these Regulations shall prohibit the use of instruments duly marked in accordance with the 1928 Regulations.
(4) Instruments referred to in paragraph (3) shall be marked in accordance with these Regulations. However, should conflict arise regarding the metrological or technical requirements of these Regulations when applied to those instruments so marked under the 1928 Regulations, such an instrument may continue to be used during a period of ten years from the commencement of these Regulations provided it continues to comply with the requirements of the 1928 Regulations.
(5) Regulation 4 and Regulation 5 shall not apply to instruments listed in Schedule 2 which are first placed on the market and put into use for the purpose of trade in accordance with the provisions of any of the following Regulations—
(a) the 1992 Regulations,
(b) the 2007 Regulations,
(c) any Regulation requiring the affixation of the EEC initial verification mark to any measuring instrument.
Part 2
Instruments intended for trade use — first verification
4. (1) An instrument intended to be used for the purpose of trade, which is of a type contained in a certificate of type approval granted, or taken to be granted, under Regulation 4(4) of the 2006 Regulations, shall not be used for the purpose of trade unless it has undergone the verification procedure and been stamped with the verification mark in accordance with these Regulations.
(2) Subject to Regulation 66(1), an inspector or authorised person shall apply the verification mark to any instrument the subject of this Regulation where he has ascertained its compliance with—
(a) a valid and subsisting type approval certificate granted, or taken to be granted, under Regulation 4(4) of the 2006 Regulations, in respect of the instrument type, or
(b) the maximum permissible errors prescribed for verification applicable to such instrument, or
(c) any other applicable provision of these Regulations.
5. (1) An instrument intended to be used for the purpose of trade that is of a kind prescribed as exempt from type approval shall not be used for the purpose of trade unless it has undergone the verification procedure and been stamped with the verification mark in accordance with these Regulations.
(2) Subject to Regulation 66(1), an inspector or authorised person shall apply the verification mark to any instrument the subject of this Regulation where he has ascertained its compliance with—
(a) the maximum permissible errors prescribed for verification applicable to such instrument,
(b) any other applicable provision of these Regulations.
6. If, notwithstanding compliance with Regulation 4 or Regulation 5, in the opinion of an inspector or authorised person, the instrument requiring verification is—
(a) not sufficiently strong to withstand the wear and tear of normal use for which it is intended,
(b) is intended to be used for a particular purpose for which it is not suitable,
(c) is not presented in a clean condition,
(d) is erected in such a manner as not to facilitate testing,
he may refuse to apply the verification mark and shall issue to the person submitting the instrument a statement in writing giving the reasons for the refusal.
Control In-Service
7. (1) Unless otherwise prescribed or provided, an instrument used for the purpose of trade shall be inspected in accordance with the provisions of these Regulations at least every two years.
(2) The Director may extend or reduce the in-service inspection interval in paragraph (1) for a particular geographical region or for a particular trade or for a particular type or category of instrument or for any other reason deemed necessary for the purposes of the proper application of the Act and any Regulations made thereunder.
(3) Notwithstanding paragraph (1), an instrument may be subject to surprise inspection from time to time.
8. (1) Upon in-service inspection an inspector may inspect any instrument which is the subject of these Regulations in use for the purpose of trade which has been marked with—
(a) the EEC initial verification mark, or
(b) the CE marking and green M according to the 1992 Regulations, or
(c) the CE marking and supplementary metrology marking according to the 2007 Regulations, or
(d) the verification mark applied in accordance with the provisions of Regulations 4, 5 or 9.
(2) Upon in-service inspection an inspector may allow to continue in use for the purpose of trade any instrument referred to in paragraph (1) unless—
(a) the relevant maximum permissible errors prescribed for in-service inspection are exceeded,
(b) the instrument has been modified so as no longer to comply with the applicable performance requirements for its first putting into use for the purpose of trade (except as regards maximum permissible errors) and including where appropriate any—
i. type approval certificate granted or taken to be granted in accordance with Regulation 4(4) of the 2006 Regulations, or
ii. EEC pattern approval certificate, or
iii. EC type approval certificate granted by a notified body in accordance with the provisions of Directive 90/384/EEC, or
iv. EC type examination or EC design examination certificate granted by a notified body in accordance with Directive 2004/22/EC;
(c) the instrument has been repaired, altered or adjusted since the last verification, including where evidence of such repair, alteration or adjustment is by way of interference with or removal of a sealing or security device bearing a prescribed mark or marking,
(d) the instrument has been broken or damaged to an extent which may affect its accuracy,
(e) the instrument is in use for a particular purpose for which it was not intended,
(f) the instrument is erected in such a manner as not to facilitate testing,
(g) the instrument bears a mark that is not prescribed,
(h) the instrument should not have been marked with the marks or markings referred to in paragraph (1),
(i) the instrument fails to comply with any other applicable provision of these Regulations.
(3) Notwithstanding subparagraph (2)(a) and except in the case of a non- adjustable material measure, where an inspector determines that an instrument exceeds the prescribed maximum permissible error by not more than 10% or that the degree of non-compliance with the appropriate legal provisions is such that the instrument should not immediately be taken out of service, an inspector shall issue to the user a notice giving reasons for his decision and request that the matter be rectified within a period not exceeding 20 working-days.
Should the matter not have been rectified by the end of the period given by the notice, the inspector shall apply the non-conformity mark.
(4) Except where provided for in paragraph (3) an inspector shall apply immediately the non-conformity mark to any instrument found not to comply with the requirements of this Regulation.
(5) Notwithstanding that an instrument bears a verification mark, a repair, alteration or adjustment referred to in subparagraph (2)(c) shall be deemed to invalidate the instrument verification where that repair, alteration or adjustment interfered with the technical or metrological integrity of the instrument and the instrument shall thereafter undergo the procedure referred to in Regulation 9 and be stamped with the verification mark in order to be used for the purpose of trade.
9. Subject to Regulation 66(1), an inspector or authorised person shall apply the verification mark to any instrument referred to in Regulation 8(5) that has been repaired, altered or adjusted or otherwise brought into conformance since it was last verified provided it complies with—
(a) the applicable performance requirements for its first placing on the market and including where appropriate any—
i. type approval certificate granted or taken to be granted in accordance with Regulation 4(4) of the 2006 Regulations, or
ii. EEC pattern approval certificate, or
iii. EC type approval certificate granted by a notified body in accordance with the provisions of Directive 90/384/EEC, or
iv. EC type examination or EC design examination certificate granted by a notified body in accordance with Directive 2004/22/EC.
(b) the relevant maximum permissible errors prescribed for verification.
(c) any other applicable provision of these Regulations.
10. Except where otherwise provided, an instrument shall not be used for the purpose of trade where—
(a) such instrument bears a mark of non-conformity applied in accordance with these Regulations,
(b) the verification mark applied to such instrument has been obliterated or deemed to be invalidated,
(c) such instrument being the subject of Regulation 4(1) or Regulation 5(1) has not undergone the verification procedure and been marked with the verification mark.
11. (1) Except where otherwise provided, the application of a verification or non-conformity mark under these Regulations shall be deemed to invalidate all previously applied prescribed marks and shall continue in effect until such time as the instrument is again stamped with the verification mark or the non-conformity mark as the case may be.
(2) Where a verification mark is applied subsequent to a non-conformity mark it shall be applied in such a position that it obliterates any non-conformity mark in so far as possible.
(3) Any non-conformity mark required to be applied under these Regulations shall be applied in such a position that it obliterates any verification mark in so far as possible.
(4) Interference with or tampering with or removal of any security mark or any security device or seal shall be deemed to invalidate any previously applied verification mark.
12. The application of any prescribed mark under these Regulations shall not prevent the application of any inscription decided by the Director regarding the use or purpose of the instrument including limitations on that use or purpose, or whether the instrument may not be used for the purpose of trade.
13. Notwithstanding the provisions of these Regulations regarding the application of the non-conformity mark, where on in-service inspection a weight or other instrument, provided with a soft metal plug intended for the stamping of the verification mark, has been stamped with a verification mark on that soft metal and is found not to comply with these Regulations, the verification mark may be obliterated using the obliteration mark. In such a case the non-conformity mark need not be applied.
Equipment and records
14. When carrying out any metrological or technical test an inspector shall test any instrument subject to these Regulations by means of such traceable standards and testing equipment in the custody of the Legal Metrology Service as the inspector considers appropriate or, subject to any instructions given by the Director, by means of such other equipment (whether or not in the custody of the Legal Metrology Service) that the inspector considers suitable for the purpose.
15. An inspector shall make and maintain a record in a form specified by the Director of every visit to a premises or place conducted for the purpose of these Regulations and the results of instrument tests and examinations carried out under Regulations 4, 5, 8 and 9.
Instruments — general
16. (1) An instrument shall not be used for the purpose of trade except in the environmental conditions and in the manner for which it was intended, according to the information supplied by the manufacturer or supplier and/or within the limits of its declared performance specification.
(2) Where an instrument bears an inscription that signifies the manner and purpose of use, it shall not be used in a manner or for a purpose which does not accord with that information.
(3) No inscription or article may be placed on an instrument if it be so placed as to obscure or interfere with the placement of any prescribed mark or inscription.
17. In the case of any instrument which is required to be verified and stamped after it has been installed at the place where it is to be used, if, after the instrument has been so stamped, it is dismantled and/or reinstalled, whether in the same or some other location, it shall not be used for the purpose of trade until it has been again verified and stamped in accordance with these Regulations.
18. An instrument shall not be used for the purpose of trade in circumstances in which it may be prevented from operating consistently or accurately, or which are likely prematurely to degrade its metrological characteristics.
19. Any peripheral device, which records hard copy transaction information, including any record, receipt or label for consumers, regarding quantity and/or price to pay based on a measurement value, when legally connected to or part of a legally controlled measuring instrument, shall operate as lawfully required.
Flowmeter measuring systems
20. (1) Any product related test of a measuring system incorporating a flowmeter shall on verification or in-service inspection be tested under practical working conditions with a test liquid which shall be—
(a) the liquid that the instrument is intended to measure, or
(b) a liquid having properties which replicate in all respects relevant to testing those of the liquid that the instrument is intended to dispense, or
(c) water in the case of measuring system used for measuring milk using an appropriate correction factor as necessary.
(2) Unless otherwise provided for by the 2007 Regulations relating to its first putting into service, no flowmeter measuring system shall undergo verification until it is installed ready for use and complete with all its parts.
21. A user shall ensure that upon set–up or installation, or after repair and/or upon adjustment, the calibration of a flowmeter system shall be set as close to zero error as is practicable.
22. Unless otherwise provided for by the 2007 Regulations, the primary indicator on any flowmeter measuring system when in use for the purpose of trade shall—
(a) be set to zero before measurement of the liquid commences,
(b) remain at zero until liquid starts to emerge from or be sucked through the system for delivery and collection systems respectively,
(c) not be reset to zero during measurement of the liquid,
(d) not be advanced by any means other than by either the discharge of liquid from the system or the intake of liquid to the system for delivery and collection systems respectively.
23. On or before two years from the coming into force of these Regulations, a road tanker mounted flowmeter measuring system for delivering liquid fuel or collecting milk shall have a ticket printing mechanism associated which provides an individual printed ticket to be made available by the user. Information on the ticket shall include the time, date and quantity for the delivered or collected quantity, and for rigid vehicles the registration of the vehicle or the trailer in the case of articulated vehicles.
24. (1) A road tanker mounted flowmeter measuring system shall not be used for the purpose of trade to measure quantities of liquid delivered from a road tanker that are less than the minimum measured quantity unless a frustrated delivery has taken place and all reasonable precautions have been taken and all due diligence has been exercised to avoid a frustrated delivery.
(2) In paragraph (1) ‘frustrated delivery’ means a delivery of liquid fuel from a road tanker which cannot be completed because—
(a) there is insufficient space in the buyer’s storage tank, or,
(b) continuing the delivery would result in contamination of the liquid fuel or the mixing of different types of liquid fuel, or
(c) a component of the meter measuring system has broken down.
25. The applicable maximum permissible errors on testing for verification or in-service inspection of a retail fuel dispenser shall be as set down in Table 1.1 and Table 1.2 of Schedule 1.
26. The applicable maximum permissible errors on testing for verification or in-service inspection of a flowmeter measuring system other than that used for dispensing retail fuel shall be as set down in Table 2.1 of Schedule 1.
Automatic Catchweighers
27. Upon verification or in-service inspection of an automatic catchweigher—
(a) the maximum permissible mean error (systematic) of an accuracy Class XI, XII, XIII or XIV instrument shall fall within the errors for that instrument as set down in Table 3.1 of Schedule 1,
(b) the maximum permissible value of the standard deviation of a Class X(x) instrument shall fall within the values for that instrument as set down in Table 3.2 of Schedule 1,
(c) the maximum permissible error (dynamic) of an accuracy Class Y(I), Y(II), Y(a) or Y(b) shall fall within the errors for that instrument as set down in Table 3.3 of Schedule 1,
(d) the maximum permissible error of an accuracy Class XI, XII, XIII, XIV, Y(I), Y(II), Y(a) or Y(b) in non-automatic (static) operation, shall fall within the errors for that instrument as set down in Table 3.4 of Schedule 1.
28. An automatic catchweigher of accuracy Class Y (b) shall only be used for weighing refuse or ballast. In this Regulation, ballast shall be construed as any material used in the construction industry as ballast or aggregate including sand, gravel, shingle, or stone chippings.
Automatic Gravimetric Filling Instruments
29. Where in conformance with essential requirement 7.6 of Schedule III of the 2007 Regulations, a gravimetric filling instrument is provided with special equipment for its testing and that equipment is not a permanent fixture of the instrument, such equipment shall be kept, by the user, readily available in the vicinity of the instrument for the use of the inspector or the authorised person.
30. (1) Subject to paragraph (2), a user shall ensure that a gravimetric filling instrument is properly balanced or set to zero immediately prior to use.
(2) Paragraph (1) shall not apply in the case of an instrument that is designed so as not to balance when unloaded.
31. The maximum permissible errors on testing of an automatic gravimetric filling instrument for verification and in-service inspection shall fall within the errors set down in section 4 of Schedule 1 relating to Table 4.1 and Table 4.2 respectively, and where test fills are required these limits shall be determined on the basis of consecutive fills.
Automatic Discontinuous Totalisers
32. (1) Where in conformance with essential requirement 7.6 of Schedule III of the 2007 Regulations, a discontinuous totaliser is provided with special equipment for its testing and that equipment is not a permanent fixture of the instrument, such equipment shall be kept, by the user, readily available in the vicinity of the instrument for the use of the inspector or the authorised person.
(2) An automatic discontinuous totaliser which has either a non-automatic zero-setting device or semi-automatic zero-setting device shall be erected in such a manner that the operator can, notwithstanding the nature of the instrument or its surroundings, readily take up a single position from which the zero and the zero-setting controls can be checked.
33. An automatic discontinuous totaliser shall only be used for the purpose of weighing material the values of which expressed in units of measurement of mass, are neither—
(a) less than the value of the minimum totalised load,
(b) less than the value of the minimum capacity unless processed as the last discrete load of a trade transaction,
(c) more than the value of the maximum capacity.
34. The maximum permissible error on testing of an automatic discontinuous totaliser for verification or in-service inspection shall fall within the errors set down in Table 5.1 of Schedule 1.
Automatic Continuous Totalisers (Beltweighers)
35. (1) Where in conformance with essential requirement 7.6 of Schedule III of the 2007 Regulations, a beltweigher is provided with special equipment for its testing and that equipment is not a permanent fixture of the instrument, such equipment shall be kept by the user readily available in the vicinity of the instrument for the use of the inspector or the authorised person.
(2) Notwithstanding paragraph (1) a suitable control instrument such as a non-automatic weighing instrument shall be provided or made available within the vicinity of the beltweigher by the user to the inspector or the authorised person for the determination of discrete loads as part of the testing of a beltweigher.
36. A beltweigher shall not be used in such a manner as to cause spillage of material from the belt, or loading of the weighing unit above its maximum capacity.
37. A beltweigher shall be erected in such a manner that the operator can readily take up a single position from which it is possible to—
(a) read any indication of zero totalisation,
(b) operate any zero-setting control,
(c) see whether the belt passing over the weighing unit is empty.
38. The maximum permissible errors on testing for verification or in-service inspection of a beltweigher shall fall within those set down in Table 6.1 of Schedule 1.
Taximeter systems
39. (1) An inspector or authorised person may apply the verification mark to a taximeter system where—
(a) a taximeter has been installed in a public service vehicle as required by Regulations made under the Taxi Regulation Act 2003 (No. 25 of 2003),
(b) such a taximeter is the subject of a certificate of type approval granted, or taken to be granted as part of a taximeter system, under Regulation 4 (4) of the 2006 Regulations, or
(c) the taximeter has been marked with the CE marking and the supplementary metrology marking in accordance with the provisions of the 2007 Regulations.
(2) Upon verification or in-service inspection the maximum permissible errors in relation to distance and elapsed time shall fall within those set down in Table 7.1 of Schedule 1 as appropriate.
(3) A taximeter system shall not be tested under this Regulation unless the taximeter has a software programme installed that has been found by the Legal Metrology Service to comply with the maximum fares order in force under the Taxi Regulation Act 2003 .
40. The transfer of a taximeter from one vehicle to another is deemed to invalidate the verification mark notwithstanding that any sealing or security arrangement remains unbroken or that the verification mark remains affixed or intact.
41. (1) After a temporary semi-automatic totalisation of the fare and extras the display on a taximeter shall automatically return to the separate indications for fare and extras as were displayed prior to such totalisation either—
(a) immediately after 30 seconds should the vehicle remain immobile, or
(b) as soon as the wheels of the vehicle start to rotate,
whichever is first to occur.
Material Measures of Length
42. The maximum permissible error on testing for verification of a material measure of length shall fall within those set down in Section 8 of Schedule 1 including applicable conditions.
43. The maximum permissible error on testing for in-service inspection of a material measure of length shall fall within twice those referred to in Regulation 42.
Capacity Serving Measures
44. The maximum permissible error on testing for in-service inspection of a capacity serving measure shall fall within those set down in Table 9.1 of Schedule 1.
45. The capacity on a line measure shall be determined by the level of liquid at the top of the line as read from the bottom of the meniscus.
Dimensional Measuring Instruments
46. (1) The maximum permissible error on testing for verification or in-service inspection of a length measuring instrument shall be as set down in Table 10.1 of Schedule 1 as appropriate.
(2) The maximum permissible error on testing for verification or in-service inspection of an area measuring instrument shall fall within those set down in Table 10.2 of Schedule 1 as appropriate.
(3) The maximum permissible error on testing for verification or in-service inspection of a multi-dimensional measuring instrument shall fall within those set down in Table 10.3 of Schedule 1 as appropriate.
Intoxicating Liquor Dispensers
47. An intoxicating liquor dispenser shall be fitted—
(a) with a sight glass or other device which can show clearly that the measuring chamber is charged and discharged, or
(b) with a device or devices which prevent(s)—
i. any liquid being discharged by a measuring chamber until the chamber is properly charged,
ii. a measuring chamber being again charged until it has been properly discharged.
48. An intoxicating liquor dispenser shall be legibly and durably marked with the name of its manufacturer or supplier and the nominal quantity it is designed to dispense. The nominal quantity shall be denoted using the appropriate legal unit or abbreviation allowed and shall be placed on part of the instrument visible to the consumer when installed for use.
49. Upon verification or in-service inspection an intoxicating liquor dispenser shall dispense the declared nominal quantity within the maximum permissible error as set down in Table 11.1 of Schedule 1 as appropriate.
50. No intoxicating liquor dispenser as referred to in Regulation 47(a) shall be verified where the information relating to nominal quantity—
(a) is in any way obscured by an overhanging advertising or brand plaque,
(b) where a brand name is given on the sight glass.
51. Before testing an intoxicating liquor dispenser it shall be ensured that—
(a) liquid has first been passed through the instrument or that the instrument is fully primed,
(b) when it is fully primed no leakage is apparent.
52. Upon testing for verification an intoxicating liquor dispenser may be tested with—
(a) water, or
(b) the liquor it is intended to dispense, or
(c) a liquid with the same physical characteristics, as determined by the inspector, as the liquor which the intoxicating liquor dispenser is intended to dispense.
53. Where tested for dispensed quantity on in-service inspection an intoxicating liquor dispenser shall only be tested with the liquor the dispenser is intended to dispense.
54. Nothing in the requirements of Regulations 47 to 52 shall preclude the use of an appropriate sampling scheme for stamping of intoxicating liquor dispensers at the manufacturing or distribution stage under such conditions as are set by the Director.
Weights
55. A weight intended for use for the purpose of trade is exempt from the requirement of type approval.
56. The verification mark shall be applied on the material in the adjustment cavity. Weights that are not required to have and are not provided with an adjustment cavity shall have the mark applied on the under surface.
57. A thin plate or wire weight shall have the verification mark applied to the case in which it is kept.
58. Except as regards the extent that it may contain adjustment material in the adjustment cavity a weight used for the purpose of trade shall comply regarding its material(s) of construction, design and identification marks with those for M 2 Class weights from 20 kg to 100 mg in the Recommendation No.111, edition 2004 of the OIML.
59. Nothing in these Regulations shall preclude any weight from being verified and stamped in accordance with these Regulations by reason of the fact that one or more edges are chamfered or rounded.
60. The maximum permissible errors on testing of a weight on verification or in-service inspection shall be as set down in Table 12.1 of Schedule 1.
61. Thin sheet and wire weights shall be adjusted by cutting, abrasion or grinding. A cylindrical weight that does not have an adjustment cavity shall be adjusted by grinding.
62. A weight that has an adjustment cavity shall be adjusted by adding or removing dense, metallic material such as lead shot. If no more material can be removed, it may be adjusted by grinding.
63. Upon verification or in-service inspection an inspector shall test a weight using appropriate standard weights by the substitution method on test equipment which can provide an expanded measurement of uncertainty for the method that does not exceed one-third of the relevant amount set down in Column 2 of Table 12.1 of Schedule 1 for the weight under test.
Non-automatic Weighing Instruments
64. The maximum permissible errors applicable for verification of non-automatic weighing instruments are set down in Table 13.1 of Schedule 1.
65. The maximum permissible errors applicable for in-service inspection of non-automatic weighing instruments are twice the values set down in Table 13.1 of Schedule 1.
Final provisions
66. (1) Where it is impractical to stamp an instrument because of its design or construction its container or accompanying papers shall be marked to record its legal status.
(2) Any prescribed mark(s) or marking(s) shall remain un-defaced otherwise than by reason of normal wear and tear.
67. Where in the circumstances of any case or cases, it appears to the Director to be inadvisable to comply literally with any requirement of these Regulations, the Director may, if he thinks fit, dispense with the observation of, or vary such requirement upon such conditions, if any, as he may impose.
68. The operational procedures required to be carried out to establish compliance with the provisions of these Regulations shall be identified by the Director. Where such procedures require metrological or technical tests, in so far as possible, such tests and test procedures shall be based on—
(a) documents cited by the European Commission in support of Directive 90/384/EEC or Directive 22/2004/EC or, where no such document is available,
(b) Recommendations published by OIML or, where there are no such Recommendations,
(c) best practice.
69. (1) An inspector who is considering the performance of any operation for a purpose referred to in Regulation 4, 5, 6, 8 or 9, in connection with a particular instrument or otherwise, or has performed such operation in connection with a particular instrument, may refer any question as to the application of these Regulations or any relevant metrological question to the Director for interpretation or guidance, and the Director may, where he considers it necessary or desirable to do so, issue an interpretation or guidance to that inspector, or to such inspectors and other persons as he considers appropriate.
(2) Nothing in paragraph (1) shall require the Director to issue any interpretation or guidance where he does not consider it necessary or desirable to do so.
(3) Any person aggrieved by the performance of any operation for a purpose referred to in Regulation 4, 5, 6, 8 or 9 in connection with a particular instrument by an inspector or, where relevant, by a special body, may, within seven days of such performance, appeal to the Director in writing against such performance. The appeal shall set out specifically any manner in which it is claimed that the inspector or special body misapplied any provision of these Regulations or any other provision or misperformed or misinterpreted any testing operation. The Director shall not decide the appeal until he has—
(a) received a report on the matter from the inspector or special body concerned, and
(b) afforded the person aggrieved and the inspector or special body an opportunity to make submissions to him, and
(c) where he considers it necessary or desirable, received the result of any other test or examination of the instrument performed on his behalf by any other person for that purpose.
(4) In deciding the appeal, the Director may—
(a) reject the appeal and confirm the performance of any operation by the inspector or special body concerned, or
(b) allow the appeal and direct the inspector or special body concerned to perform the operation concerned in some other manner specified in that direction.
(5) A decision by the Director on an appeal under this paragraph shall be final and binding and no further appeal shall lie under these Regulations.
70. When carrying out any duty or provision under these Regulations the following obligations apply—
(a) An inspector shall not wilfully disclose or cause to be disclosed directly or indirectly the secrets of the business of any manufacturer, supplier, or user, knowledge of which secrets the inspector has come into possession in the course of performance of his duties, nor shall he or her otherwise betray the confidence of his office except as regards reporting such information as part of his duties as an inspector.
(b) An inspector shall not seek or accept any gratuity or reward from any manufacturer, supplier or user of any measuring instrument.
(c) An inspector shall not recommend either directly or indirectly any particular manufacturer, supplier or repairer with respect to the purchase, provision, repair, or adjustment of any instrument.
71. An inspector shall not delegate to any other person any of his duties in such a manner as to enable it to be held out or make it appear that the assistant acts independently as an inspector.
Revocations
72. Except where and to the extent otherwise provided for in paragraphs (3) and (4) of Regulation 3, the Weights and Measures (General) Regulations 1928 (Statutory Rules and Orders 1928 No. 71) are revoked.
73. The Weights and Measures (Taximeter: Section 136 of the Road Traffic Act 1933 ) Regulations 1938 ( S.I. No. 286 of 1938 ) are revoked.
SCHEDULE 1
1. Retail Fuel Dispensers.
Regulation 25.
Quantity indicated (V)
Maximum permissible error
Verification
In-service inspection
V < 0.1 litre
+ 2 ml
– 2 ml
+ 4 ml
– 2 ml
0.1 litre ≤ V < 0.2 litre
+ 2%
– 2%
+ 4%
– 2 %
0.2 litre ≤ V < 0.4 litre
+ 4 ml
– 4 ml
+ 8 ml
– 4 ml
0.4 litre ≤ V < 1 litre
+ 1%
– 1%
+ 2%
– 1%
1 litre ≤ V < 2 litre
+ 10 ml
– 10 ml
+ 20 ml
– 10 ml
2 litre or more
+ 0.5%
– 0.5%
+ 1%
– 0.5%
Table 1.1 Maximum permissible error for any measured quantity
Minimum Measured Quantity (MMQ)
Maximum permissible error (Emin)
Verification
In-service inspection
MMQ < 0.1 litre
+ 4 ml
– 4 ml
+ 8 ml
– 4 ml
0.1 litre ≤ MMQ < 0.2 litre
+ 4%
– 4%
+ 8%
– 4 %
0.2 litre ≤ MMQ < 0.4 litre
+ 8 ml
– 8 ml
+ 16ml
– 8 ml
0.4 litre ≤ MMQ < 1 litre
+ 2%
– 2%
+ 4%
– 2%
1 litre ≤ MMQ < 2 litre
+ 20 ml
– 20 ml
+ 40 ml
– 20 ml
2 litre ≤ MMQ
+ 1%
– 1%
+ 2 %
– 1%
Table 1.2 Maximum permissible errors for minimum measured quantity (MMQ)
Note: — for the above tables 1.1 and 1.2 in relation to measuring systems measuring in mass: litre (l) shall be read as kilogram (kg) and millilitre (ml) shall be read as milligram (mg).
Conditions relating to maximum permissible error
The maximum permissible error is subject to the following conditions:—
a) The maximum permissible error for MMQ (Emin) shall be according to Table 1.2. The maximum permissible error for any subsequent value up to and including 2MMQ shall be limited to the value of Emin
b) The maximum permissible error for any measured quantity is the greater of the value according to Table 1.1 or that of Emin for that instrument as set down in Table 1.2.
2. Flowmeter Measuring Systems other than for Retail Fuel
regulation 26
Quantity
Maximum permissible error for Class 0.5
From MMQ to and including 2MMQ
+ 1% x MMQ
> 2MMQ
+ 0.5% x quantity delivered or collected
Note 1: — MMQ is the minimum measured quantity
Note 2: — For measuring systems measuring in mass, litre (l) shall be read as kilogram (kg) and millilitre (ml) shall be read as milligram (mg).
Table 2.1 Maximum permissible error for any measured quantity
3. Automatic Catchweighers — including automatic checkweigher, automatic weight labeller and automatic weight/price labeller.
regulation 27(a)
Net Load (m) in verification scale intervals (e)
Maximumpermissiblemean error
XI
XII
XIII
XIV
Verification
In-service inspection
0 < m ≤ 50000
0 < m ≤ 5000
0 < m ≤ 500
0 < m ≤ 50
± 0.5 e
± 1.0 e
50000 < m ≤ 200000
5000 < m ≤ 20000
500 < m ≤ 2000
50 < m ≤ 200
± 1.0 e
± 1.5 e
200000 < m
20000 < m ≤ 100 000
2000 < m ≤ 10000
200 < m ≤ 1000
± 1.5 e
± 2.0 e
Table 3.1 Maximum permissible mean error for verification and in-service inspection of Class X instruments
regulation 27(b)
Net Load (m)
Maximum permissible standard deviation for class X(1)
Verification
In-service inspection
m ≤ 50 g
0.48%
0.6%
50 g < m ≤ 100 g
0.24 g
0.3 g
100 g < m ≤ 200 g
0.24%
0.3%
200 g < m ≤ 300 g
0.48 g
0.6 g
300 g < m ≤ 500 g
0.16%
0.2%
500 g < m ≤ 1000 g
0.8 g
1.0 g
1000 g < m ≤ 10000 g
0.08%
0.1%
10000 g < m ≤ 15000 g
8 g
10 g
15000 g < m
0.053%
0.067%
For class XI and XII (x) shall be less than 1For class XIII (x) shall be not greater than 1For class XIV (x) shall be greater than 1
Table 3.2 Maximum permissible value of the standard deviation
The maximum permissible value of the standard deviation of a Class X (x) instrument is the result of the multiplication of the factor (x) by the value in Table 3.2
regulation 27(c)
Net Load (m) in verification scale intervals (e)
Maximum permissible error
Y(I)
Y(II)
Y(a)
Y(b)
Verification
In-service inspection
0 < m ≤ 50000
0 < m ≤ 5000
0 < m ≤ 500
0 < m ≤ 50
± 1.0 e
± 1.5 e
50000 < m ≤ 200000
5000 < m ≤ 20000
500 < m ≤ 2000
50 < m ≤ 200
± 1.5 e
± 2.5 e
200000 < m
20000 < m ≤ 100 000
2000 < m ≤ 10000
200 < m ≤ 1000
± 2.0 e
± 3.5 e
Table 3.3 Maximum permissible error for Category Y instruments on verification and in-service inspection in automatic operation
regulation 27(d)
Net Load (m) in verification scale intervals (e)
Maximum permissible error
XI
Y(I)
XII
Y(II)
XIII
Y(a)
XIV
Y(b)
Verification
In-service inspection
0 < m ≤ 50000
0 < m ≤ 5000
0 < m ≤ 500
0 < m ≤ 50
± 0.5 e
± 1.0 e
50000 < m ≤ 200000
5000 < m ≤ 20000
500 < m ≤ 2000
50 < m ≤ 200
± 1.0 e
± 2.0 e
200000 < m
20000 < m ≤ 100 000
2000 < m ≤ 10000
200 < m ≤ 1000
± 1.5 e
± 3.0 e
Table 3.4 Maximum permissible error for Category X and Category Y instruments in non-automatic operation
4. Automatic Gravimetric Filling Instruments
Verification error
regulation 31
Value of the mass m (in grammes) of the fills
Maximum permissible deviation of each fill from the average for class X(1)
m ≤ 50
7.2 %
50 < m≤ 100
3.6 g
100 < m ≤200
3.6 %
200 < m ≤300
7.2 g
300 < m ≤500
2.4 %
500 < m ≤1000
12 g
1000 < m ≤10000
1.2 %
10000 < m ≤15000
120 g
15000 <
0.8 %
Note: The calculated deviation of each fill from the average may be adjusted to take account for the effect of material particle size.
Table 4.1 Deviation from average fill
Static weighing error
a) For static loads under rated operating conditions, the MPE for reference accuracy class Ref(x), shall be 0.312 of the maximum permissible deviation of each fill from the average; as set down in Table 4.1; multiplied by the class designation factor (x).
b) For instruments where the fill may be made up from more than one load (e.g. cumulative or selective combination weighers) the MPE for static loads shall be the accuracy required for the fill as set down in 4.2 (i.e. not the sum of the maximum permissible deviation for the individual loads).
Error relative to pre-set value (setting error)
a) For instruments where it is possible to pre-set a fill weight; the maximum difference between the pre-set value and the average mass of the fills shall not exceed 0.312 of the maximum permissible deviation of each fill from the average, as set down in Table 4.1.
In-service inspection error
regulation 31
Value of the mass m (in grammes) of the fills
Maximum permissible deviation of each fill from the average for class X(1)
m ≤ 50
9.0%
50 < m≤ 100
4.5 g
100 < m ≤200
4.5%
200 < m ≤300
9.0 g
300 < m ≤500
3.0%
500 < m ≤1000
15 g
1000 < m ≤10000
1.5%
10000 < m ≤15000
150 g
15000 <>
1.0%
Table 4.2 Maximum permissible deviation
Note 1: — where the reference particle mass exceeds 0.1 of the maximum permissible deviation for in/service inspection, the values derived from Table 4.2. shall be increased by 1.5 times the value of the reference particle mass. However, the maximum value of the maximum permissible deviation shall not exceed (x) x 9%.
Note 2: — Table 4.2 is illustrative of the maximum permissible deviation where the class designation factor is equal to 1.
The automatic gravimetric filling instrument shall have a specified accuracy class X(x) for which the maximum permissible error value of each fill from the average shall be equal to the limits set down in Table 4.2, multiplied by the class designation factor (x). (x) shall be 1 x 10k, 2 x 10k, 5 x 10k, k being a positive or negative whole number or zero.
5. Automatic Discontinuous Totalisers
regulation 34
Accuracy class
Verification
In-service inspection
0.2
± 0.10 %
± 0.20 %
0.5
± 0.25 %
± 0.50 %
1
± 0.50 %
± 1.00 %
2
± 1.00 %
± 2.00 %
Table 5.1 Maximum permissible error for totalised load
6. Automatic Continuous Totalisers (Beltweighers)
regulation 38
Accuracy class
Verification
In-service inspection
0.5
± 0.25 %
± 0.50 %
1
± 0.50 %
± 1.00 %
2
± 1.00 %
± 2.00 %
Table 6.1 Maximum permissible error for totalised load
7. Taximeter Systems
regulation 39
Indication
Verification or In-service inspection
Distance
≤ 4% in deficiency
No error in excess allowed
Time
+/- 1% of the elapsed time
Table 7.1 Maximum permissible error
8. Material Measures of Length
regulation 42
Accuracy Class
a (mm)
b (mm)
c (mm)
I
0.1
0.1
0.1
II
0.3
0.2
0.2
III
0.6
0.4
0.3
D — special class for dipping tapes(1)Up to and including 30 m (2)
1.5
zero
Zero
S — special class for tank strapping tapes For each 30 m length when the tape is supported on a flat surface
1.5
zero
zero
(1) Applies to the tape/dip weight combinations.
(2) If the nominal tape length exceeds 30 m, an additional mpe of 0.75 mm shall be permitted for each 30 m of tape length.
Table 8.1 Maximum permissible error for verification
Conditions
(a) The maximum permissible error, positive or negative in mm, between two non-consecutive scale marks is (a + bL), where:—
— L is the value of the length rounded up to the next whole metre; and
— a and b are as set down in Table 8.1.
(b) When a terminal interval is bounded by a surface, the maximum permissible error for any distance beginning at this point is increased by the value c set down in Table 8.1.
(c) Dip tapes may also be of Classes I or II in which case for any length between two scale marks, one of which is on the sinker and the other on the tape, the mpe is 0.6 mm when application of the formula gives a value of less than 0.6 mm.
(d) The maximum permissible error for the length between consecutive scale marks, and the maximum permissible difference between two consecutive intervals, are set down in Table 8.2 below.
(e) Where a rule is of the folding type, the jointing shall be such as not to cause any errors, supplementary to the errors above, exceeding 0.3 mm for Class II, and 0.5 mm for Class III.
Length i of the interval
Maximum permissible error or difference in millimetres according to accuracy class
I
II
III
i ≤ 1 mm
0.1
0.2
0.3
1 mm < i ≤ 1 cm
0.2
0.4
0.6
Table 8.2
9. Capacity Serving Measures
regulation 44
Line
Brim
Transfer measures
< 100 ml
± 2 ml
– 0
+ 4 ml
≥ 100 ml
± 3% of Vn
– 0
+ 6% of Vn
Serving measures
< 200 ml
± 5% of Vn
– 0
+ 10% of Vn
≥ 200 ml
± (5 ml + 2.5% of Vn)
– 0
+ 10 ml + 5% of Vn
Where Vn is equal to the nominal capacity
Table 9.1 Maximum permissible error
10. Dimensional Measuring Instruments
Length Measuring Instrument
regulation 46(1)
Accuracy class
Verification
In-service inspection
I
+ 0.125%
± 0.25%
II
+ 0.25%
± 0.5%
III
+ 0.5%
± 1.0%
However, the absolute values of the maximum permissible errors may not be less than the values set down below:—
in class I: 0.005 Lm,
in class II: 0.01 Lm,
in class III: 0.02 Lm,
Where Lm is the minimum measurable length, that is to say the smallest length specified by the manufacturer for which the instrument is intended to be used.
Table 10.1 Maximum permissible error
Area Measuring Instrument
regulation 46(2)
Verification
In-service inspection
± 1.0%, but not less than 1 dm2
± 2.0%
Table 10.2 Maximum permissible error
Multi-dimensional measuring instrument
regulation 46(3)
Verification and In-service inspection
± 1.0 d
Where ‘d’ is the difference between two consecutive indicated values of the dimension for each range in each axis.
Table 10.3 Maximum permissible error
11. Intoxicating Liquor Dispensers
regulation 49
Indication
Verification
In-service inspection
Nominal value
– 0
+ 0.5%
± 0.5%
Table 11.1 Maximum permissible error
12. Weights
regulation 60
Column 1
Column 2
Column 3
Nominal Value
Verification (+ only)
In-service inspection (±)
20 kg
3000 mg
3000 mg
10 kg
1600 mg
1600 mg
5 kg
800 mg
800 mg
2 kg
300 mg
300 mg
1 kg
160 mg
160 mg
500 g
80 mg
80 mg
200 g
30 mg
30 mg
100 g
16 mg
16 mg
50 g
10 mg
10 mg
20 g
8 mg
8 mg
10 g
6 mg
6 mg
5 g
5 mg
5 mg
2 g
4 mg
4 mg
1 g
3 mg
3 mg
500 mg
2.5 mg
2.5 mg
200 mg
2 mg
2 mg
100 mg
1.6 mg
1.6 mg
Table 12.1 Maximum permissible error
13. Non-Automatic Weighing Instruments
regulation 64
mpe
For loads m expressed in verification scale intervals e
Class I
Class II
Class III
Class IIII
± 0.5 e
0 ≤m ≤ 50000
0 ≤m ≤ 50 00
0 ≤m ≤ 500
0 ≤m ≤ 50
± 1 e
50000 < m ≤ 200000
5000 < m ≤ 20000
500 < m ≤ 2000
50 < m ≤ 200
± 1.5 e
20000 < m
20000 < m ≤ 100 000
2000 < m ≤ 10000
200 < m ≤ 1000
Table 13.1 Maximum permissible error
SCHEDULE 2
1 Measuring systems for liquids other than water of viscosity less than 20 mPa.s in particular fuel dispensers (not for liquefied gas) and measuring systems on road tankers (not for liquefied gas);
2 Automatic catchweighing instruments including checkweighers, weight price labellers and weight labellers;
3 Automatic gravimetric filling instruments;
4 Discontinuous totalising weighing instruments;
5 Continuous totalising weighing instruments;
6 Taximeter systems;
7 Material measures of length;
8 Capacity serving measures;
9 Dimensional measuring instruments comprising length, area and multi-dimensional measuring instruments;
10 Intoxicating liquor dispensers;
11 Weights;
12 Non-automatic weighing instruments.
/images/ls
GIVEN under my hand,
14 August 2008
PATRICK FARRAGHER,
Director of Legal Metrology
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations replace and update existing Regulations relating to national first verification of measuring instruments intended to be used for the purpose of trade by setting down the requirements and conditions that must be met by these instruments. The Regulations also set down the terms and conditions applicable for the in-service inspection of instruments and the conditions leading to reverification.
Recognition is given in Regulations 4, 5 and 9 to authorised persons, who have been designated by Special Bodies that have been granted authorisation under Section 12 of the Act, enabling them to apply the prescribed verification mark to instruments that fulfil the appropriate requirements. Inspectors retain the right to verify instruments and enforce provisions on in-service control of instruments.
An appeals procedure is laid down in Regulation 69 that allows any person affected by a decision of an inspector or an authorised person to appeal that decision to the Director for his consideration in the first instance.
A measuring instrument that does not conform to the requirements of these Regulations may not be used for the purpose of trade. Offences relating to the breach of these Regulations are contained in the Metrology Act 1996 .
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S.I. No. 47/2018 –
European Union (Non-Automatic Weighing Instruments) Regulations 2018
“Iris Oifigiúil” of 6th March, 2018.
I, HEATHER HUMPHREYS, Minister for Business, Enterprise, and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast), hereby make the following regulations—
PART 1
General Provisions
Citation and commencement
1. (1) These Regulations may be cited as the European Union (Non-Automatic Weighing Instruments) Regulations 2018.
(2) These Regulations come into operation on 6 March 2018.
Interpretation
2. (1) In these Regulations—
“Annex” means an Annex to the Directive;
“appeal panel” means a panel established by the Minister under Regulation 27;
“authorised officer” means a person appointed under Regulation 34;
“authorised representative” means an authorised representative appointed under Regulation 9;
“Commission” means the European Commission;
“competent authority ” means—
(a) in relation to the State, the Director, and
(b) in relation to another Member State, the competent authority under the Directive, of that State;
“Directive” means Directive 2014/31/EU of the European Parliament and of the Council of 26 February 20141 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast);
“Director” means the Director of Legal Metrology;
“EC Regulation” means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 20082 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93;
“mandate” has the meaning assigned to it by Regulation 9(1);
“Minister” means the Minister for Business, Enterprise and Innovation;
“Regulations of 1992” means the European Communities (Non-Automatic Weighing Instruments) Regulations 1992 ( S.I. No. 424 of 1992 ).
(2) A word or expression which is used in these Regulations and is also used in the Directive has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Directive.
(3) For the purposes of these Regulations, the Director of Legal Metrology is the market surveillance authority in the State.
Application
3. These Regulations shall apply to 2 categories of instruments:
(a) instruments used for the determination of mass for the following applications:
(i) commercial transactions;
(ii) the calculation of a toll, tariff, tax, bonus, penalty, remuneration, indemnity or similar type of payment;
(iii) the application of laws or regulations or expert opinion given in court proceedings;
(iv) in the practice of medicine for weighing patients for the purposes of monitoring, diagnosis and medical treatment;
(v) making up medicines on prescription in a pharmacy and analyses carried out in medical and pharmaceutical laboratories;
(vi) pricing on the basis of mass for the purposes of direct sales to the public and the making up of prepackages;
(b) instruments for all applications other than those referred to in paragraph (a).
Making available on the market and putting into service of instruments
4. A person shall not make available, or cause to be made available, on the market or put into service any non-automatic weighing instrument unless the instrument satisfies the requirements of these Regulations.
Essential requirements
5. (1) Instruments used or intended to be used for the applications referred to in Regulation 3 (a) shall satisfy the essential requirements set out in Annex 1.
(2) If an instrument includes or is connected to devices which are not used for applications listed in Regulation 3 (a), the devices shall not be subject to the essential requirements referred in paragraph (1).
Free movement of instruments
6. (1) A person shall not impede, within the State, the making available on the market of an instrument unless the instrument satisfies the requirements of these Regulations.
(2) A public body or a private body acting as a public undertaking, or acting as a public body on the basis of a monopoly position or under a public mandate, shall not make, impose or enforce any rules or conditions relating to the use of instruments which would have the effect of impeding making available on the market or the putting into service of such instruments, where those instruments meet the requirements of these Regulations.
(3) Nothing in the Metrology Act 1996 (No. 27 of 1996) or any other enactment or rule of law shall impede the making available on the market or putting into service for the applications referred to in Regulation 3(a) of an instrument where such instrument complies with the Directive.
PART 2
Obligations of Economic Operators
Obligations of manufacturers
7. (1) A manufacturer shall ensure that instruments, intended to be used for the applications referred to in Regulation 3(a), placed on the market have been designed and manufactured in accordance with the essential requirements set out in Annex I.
(2) Before placing an instrument intended to be used for the applications referred to in Regulation 3(a) on the market, the manufacturer of the instrument shall:
(a) draw up the technical documentation referred to in Annex II;
(b) carry out or have carried out the relevant conformity assessment in accordance with Regulation 15;
(3) Where compliance of an instrument intended to be used for the applications referred to in Regulation 3(a) with the applicable requirements has been demonstrated by the conformity assessment procedure, the manufacturer shall—
(a) draw up an EU declaration of conformity in accordance with Regulation 16,
(b) affix a CE marking and the supplementary metrology marking to the instrument in accordance with Regulation 19,
(c) retain the technical documentation and EU declaration of conformity for 10 years after the instrument has been placed on the market,
(d) when deemed appropriate with regard to the performance of an instrument—
(i) carry out sample testing of instruments made available on the market,
(ii) investigate and, if necessary, keep a register of complaints of non-conforming instruments and instrument recalls, and
(iii) keep distributors informed of any such monitoring;
(e) mark the instrument in accordance with Regulation 8, as appropriate;
(f) ensure that an instrument is accompanied by clear, understandable and intelligible instructions and information, including labelling, in the English language.
(4) A manufacturer shall ensure that procedures are in place for series production to remain in conformity with these Regulations, having regard to any changes in instrument design or characteristics and changes in the harmonised standards or in other technical specifications by reference to which conformity of an instrument is declared.
(5) A manufacturer who considers or has reason to believe that an instrument which he or she has placed on the market is not in conformity with these Regulations shall immediately take any corrective measures necessary to—
(a) bring the instrument into conformity;
(b) withdraw the instrument, or
(c) recall the instrument.
(6) A manufacturer shall inform the competent authorities of the Member States in which he or she made the instrument available on the market, of the non-compliance and of any corrective measures taken.
(7)(a) A manufacturer shall, further to a reasoned request from a competent authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of the instrument with these Regulations, in English or in a language which can be easily understood by that authority; and
(b) A manufacturer shall co-operate with the competent authority in the State or a competent authority in another Member State, at its request, on any action taken to eliminate the risk posed by instruments which the manufacturer has placed on the market.
Marking of instruments
8. (1) A manufacturer shall ensure that the following marks have been affixed to instruments which they have placed on the market—
(a) a type, batch or serial number or other element allowing their identification as set out in Annex III,
(b) where the instrument is intended to be used for the applications referred to in Regulation 3(a), the inscriptions provided for in point 1 of Annex III,
(c) where the instrument is not intended to be used for the applications referred to in Regulation 3(a), the inscriptions provided for in point 2 of Annex III.
(2) A manufacturer shall indicate on the instrument the manufacturer’s name, registered trade name or registered trade mark and the postal address at which the manufacturer can be contacted or, where that is not possible, on its packaging or a document accompanying the instrument, and—
(a) the address shall indicate a single point at which the manufacturer can be contacted, and
(b) the contact details shall be in a language that is easily understood by end users and market surveillance authorities;
(3) Where an instrument which is intended to be used for an application referred to in Regulation 3(a) includes, or is connected to, a device which is not used or intended to be used for any of the applications referred to in that Regulation, the manufacturer shall affix to each of those devices the restrictive use symbol in accordance with Regulation 20 and point 3 of Annex III.
Authorised representatives
9. (1) Subject to paragraphs (2) and (3), a manufacturer may, by a written mandate (in this Regulation referred to as a “mandate”), appoint an authorised representative.
(2) The obligations laid down in Regulation 7(1) and the obligation to draw up technical documentation referred to in Regulation 7(2) (a) shall not be included in the authorised representative’s mandate.
(3) An authorised representative shall perform the tasks specified in a mandate received from the manufacturer.
(4) The mandate shall allow the authorised representative to—
(a) keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 10 years after the instrument has been placed on the market,
(b) further to a reasoned request from a competent authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of an instrument,
(c) cooperate with each such competent authority at its request, on any action taken to eliminate the risks posed by instruments covered by their mandate, and
(d) such other matter as is provided for in a mandate.
(5) An authorised representative shall provide the Director with a copy of the mandate, if requested to do so.
Obligations of importers
10. (1) An importer shall not place instruments on the market unless those instruments comply with these Regulations.
(2) Before placing an instrument on the market intended to be used for the applications referred to in Regulation 3(a), an importer shall ensure that the appropriate conformity assessment procedure referred to in Regulation 15 has been carried out by the manufacturer.
(3) An importer of instruments intended to be used for the applications referred to in Regulation 3(a) shall also ensure that—
(a) the manufacturer has drawn up the technical documentation,
(b) the instrument bears the CE marking and the supplementary metrology marking,
(c) is accompanied by a copy of the EU declaration of conformity,
(d) is accompanied by the required documents, and
(e) the manufacturer has complied with the requirements set out in Regulation 8 as appropriate.
(4) Where an importer considers or has reason to believe that an instrument intended to be used for the applications referred to in Regulation 3(a) is not in conformity with the essential requirements set out in Annex 1, the importer shall not place the instrument on the market or put it into use until it has been brought into conformity.
(5) Where the instrument intended to be used for the applications referred to in Regulation 3(a) presents a risk, the importer shall inform the manufacturer and the market surveillance authorities of that risk.
(6) Before placing an instrument on the market that is not intended to be used for the applications referred to in Regulation 3(a), an importer shall ensure that the manufacturer has complied with the requirements set out in Regulation 8 (1)(a) and (c) and Regulation 8(2) and (3).
(7) An importer of instruments intended to be used for any application referred to in Regulation 3 shall indicate on the instrument—
(a) their name, registered trade name or registered trade mark, and
(b) a postal address at which they can be contacted.
(8) The information referred to in paragraph (7) shall be in a language easily understood by end-users and the market surveillance authority in the Member State in which it is to be made available to end-users.
(9) Where it is not possible to indicate the information specified in paragraph (7) on the instrument, the importer shall indicate the information—
(a) on the packaging, or
(b) in a document accompanying the instrument.
(10) An importer shall ensure that the instrument intended to be used for an application referred to in Regulation 3(a) is accompanied by instructions and information in a language which can be easily understood by end-users, as determined by the Member State concerned.
(11) An importer shall ensure that, while he or she is responsible for an instrument intended to be used for an application referred to in Regulation 3(a), its storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex 1.
(12) When deemed appropriate with regard to the performance of an instrument intended to be used for an application referred to in Regulation 3(a), an importer shall carry out sample testing of instruments made available on the market, investigate, and, if necessary, keep a register of complaints, of non-conforming instruments and instrument recalls, and shall keep distributors informed of any such monitoring.
(13) An importer who considers or has reason to believe that an instrument intended to be used for any application set out in Regulation 3 which he or she has placed on the market is not in conformity with these Regulations shall immediately take the corrective measures necessary to—
(a) bring the instrument into conformity,
(b) withdraw the instrument, or
(c) where appropriate, recall the instrument.
(14) Where an instrument intended to be used for any application referred to in Regulation 3 presents a risk, an importer shall immediately inform the competent authorities of the Member States in which they made the instrument available on the market to that effect, giving details of—
(a) the respect in which the instrument is considered to be non-compliant, and
(b) any corrective measures taken.
(15) An importer shall, for 10 years after an instrument intended to be used for the applications referred to in Regulation 3(a) has been placed on the market—
(a) keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities, and
(b) ensure that the technical documentation can be made available to those authorities, upon request.
(16) An importer of an instrument used for any of the applications referred to in Regulation 3 shall, further to a reasoned request from the Director or a competent authority in another Member State, provide the Director or the competent authority with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of an instrument in a language which can be easily understood by that authority.
(17) An importer shall cooperate with the Director or a competent authority, at its request, on any action taken to eliminate the risks posed by instruments which they have placed on the market.
Obligations of distributors
11. (1) A distributor shall not make an instrument available on the market without acting with due care in relation to the requirements of these Regulations.
(2) Before making an instrument available on the market a distributor shall verify that—
(a) where the instrument is intended to be used for the applications referred to in Regulation 3(a), it—
(i) bears the CE marking and the supplementary metrology marking,
(ii) is accompanied by the EU declaration of conformity,
(iii) is accompanied by the required documents,
(iv) is accompanied by instructions and information in a language which can be easily understood by end-users in the Member State in which the instrument is to be made available on the market,
(b) where the instrument is intended to be used for any of the applications referred to in Regulation 3—
(i) the manufacturer of an instrument has complied with the requirements set out in Regulations 7 and 8 as appropriate, and
(ii) the importer has complied with the requirements set out in Regulation 10 (7), (8) and (9).
(3) Where a distributor considers, or has reason to believe, that an instrument intended to be used for the applications referred to in Regulation 3(a) is not in conformity with the essential requirements set out in Annex 1, the distributor—
(a) shall not make the instrument available on the market until it has been brought into conformity, and
(b) where the instrument presents a risk, shall inform the manufacturer or the importer as well as the market surveillance authority of that risk.
(4) A distributor shall ensure that, while an instrument intended to be used for the applications set out in Regulation 3(a) is under the responsibility of the distributor, its storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex 1.
(5) A distributor who considers or has reason to believe that an instrument, which the distributor has made available on the market, is not in conformity with these Regulations shall make sure that the corrective measures necessary to bring that instrument into conformity, to withdraw it or recall it, if appropriate, are taken.
(6) Where the instrument presents a risk, the distributor shall immediately inform the competent authorities of the Member States in which the distributor made the instrument available on the market to that effect, giving details, in particular, of the non-compliance and of any corrective measures taken.
(7) A distributor shall, further to a reasoned request from a competent authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of an instrument with these Regulations.
(8) A distributor shall cooperate with a competent authority, at its request, on any action taken to eliminate the risks posed by an instrument which the distributor has made available on the market.
Cases in which obligations of manufacturers apply to importers and distributors
12. An importer or distributor shall be considered a manufacturer for the purposes of these Regulations, and shall be subject to the obligations of the manufacturer under Regulations 7 and 8, where he or she places an instrument on the market under his or her name or trade mark or modifies an instrument already placed on the market in such a way that compliance with these Regulations may be affected.
Identification of economic operators
13. (1) Where an instrument is intended to be used for any of the applications referred to in Regulation 3(a), an economic operator shall, on request, identify to the Director or the market surveillance authority of another Member State—
(a) any other economic operator who has supplied the operator with an instrument, or
(b) any other economic operator to whom the operator has supplied an instrument.
(2) An economic operator to whom this Regulation applies shall ensure that he or she is able to present—
(a) the information referred to in paragraph (1)(a) for a period of 10 years after the operator has been supplied with an instrument, and
(b) the information referred to in paragraph (1)(b) for a period of 10 years after the operator supplied the instrument.
PART 3
Conformity of Instruments
Presumption of conformity of instruments
14. An instrument which is in conformity with harmonised standards (or part of such a standard) the references to which have been published in the Official Journal of the Union shall be presumed to be in conformity with the essential requirements referred to in Annex I covered by that standard (or part of that standard).
Conformity assessment procedures
15. (1) The conformity assessment of an instrument with the applicable essential requirements shall be carried out by the application, at the choice of the manufacturer, of one of the following conformity assessment procedures with reference to the Modules specified in Annex II:
(a) Module B, followed by either Module D or by Module F, or
(b) Module G.
(2) Module B is not compulsory for instruments which do not use electronic devices and the load-bearing device of which does not use a spring to balance the load.
(3) Where a manufacturer does not refer an instrument to Module B as permitted under paragraph (2) Module D1 or Module F1 shall be applied.
(4) Records and correspondence relating to conformity assessment procedures shall be in the English language.
EU declaration of conformity
16. (1) An EU declaration of conformity shall—
(a) state that the fulfilment of the essential requirements set out in Annex I has been demonstrated in respect of the instrument,
(b) have the model structure as set out in Annex IV,
(c) contain the elements specified in the relevant modules set out in Annex II,
(d) be continuously updated, and
(e) be translated into the language, or languages, required by the Member State in which the measuring instrument is placed or made available on the market.
(2) Where an instrument is subject to more than one European act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such European acts. That declaration shall contain the identification of the European acts concerned including their publication references.
(3) By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the instrument with the requirements laid down in these Regulations.
(4) In this Regulation—
“Act of 1972” means the European Communities Act 1972 ;
“European act” means—
(a) a provision of the treaties governing the European Union, or
(b) an act adopted by an institution of the European Union, an institution of the European Communities or any other body competent under those treaties;
“European Communities” has the same meaning as it has in the Act of 1972;
“European Union” has the same meaning as it has in the Act of 1972;
“treaties governing the European Union” has the same meaning as it has in the Act of 1972.
Conformity marking
17. The conformity of an instrument intended to be used for the applications referred to in Regulation 3(a) with these Regulations shall be indicated by the presence of the CE marking and the supplementary metrology marking on it as specified by Regulation 18.
General principles of CE marking and supplementary metrology marking
18. (1) The CE marking and supplementary metrology marking shall be subject to the general principles set out in Article 30 of the EC Regulation.
(2) The supplementary metrology marking shall consist of the capital letter “M” and the last 2 digits of the year of its affixing, surrounded by a rectangle.
(3) The height of the rectangle referred to in paragraph (2) shall be equal to the height of the CE marking.
Rules and conditions for affixing the CE marking and the supplementary metrology marking
19. (1) A person who affixes the CE marking or the supplementary metrology marking to a measuring instrument shall comply with this Regulation.
(2) The CE marking and the supplementary metrology marking shall be affixed visibly, legibly and indelibly to the instrument or to its data plate.
(3) The CE marking and the supplementary metrology marking shall be affixed before the instrument is placed on the market.
(4) The supplementary metrology marking shall immediately follow the CE marking.
(5) The CE marking and the supplementary metrology marking shall be followed by the identification number or numbers of the notified body or bodies, where such body or bodies is or are involved in the production control phase as set out in Annex II.
(6) The identification number of the notified body shall be affixed by the body itself, or under its instructions, by the manufacturer or the authorised representative.
(7) The CE marking, the supplementary metrology marking and, where applicable, the identification number or numbers of the notified body or bodies (as the case may be) may be followed by any other mark indicating a special risk or use.
(8) A person shall not affix a CE marking or the supplementary metrology marking to an instrument which does not conform with these Regulations.
(9) A person shall not affix to any measuring instrument, a marking or inscription which may lead to confusion as to the meaning and form of the CE marking or the supplementary metrology marking.
Restrictive use symbol
20. The symbol referred to in Regulation 8(3) and specified in point 3 of Annex III shall be affixed to the devices concerned in a clearly visible and indelible form.
PART 4
Notification of Conformity Assessment Bodies
Designation of Minister as notifying authority
21. The Minister is designated as the notifying authority in the State for the purposes of Article 20 of the Directive.
Requirements relating to notified bodies
22. (1) Subject to paragraph (2), a conformity assessment body shall meet the requirements of Article 23 of the Directive for the purposes of notification.
(2) Where a notified body subcontracts specific tasks connected with conformity assessment, it shall comply with Article 23 of the Directive.
(3) Application for notification by a conformity assessment body shall be in accordance with Article 26 of the Directive.
(4) The Minister may where—
(a) a conformity assessment body has made an application in accordance with Article 26 of the Directive, and
(b) he or she is satisfied that the conformity assessment body meets the requirements set out in Article 23 of the Directive,
notify the conformity assessment body concerned to the Commission and the other Member States.
(5) The Irish National Accreditation Board shall carry out the following activities on behalf of the Minister:
(a) the setting up and carrying out the necessary procedures for the assessment and accreditation of conformity assessment bodies;
(b) the monitoring of such notified bodies, including compliance with Regulation 24.
(6) Where the Minister has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 23 of the Directive or that it is failing to fulfil its obligations under Regulation 26, the Minister shall restrict, suspend or withdraw notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations.
(7) The Minister shall—
(a) inform the notified body concerned in writing of his or her decision and allow the body an opportunity to make representation to him or her, and
(b) immediately inform the Commission and other Member States accordingly.
(8) Where a notifying body has restricted, suspended or withdrawn notifications in accordance with paragraph (6) or where the notified body has ceased its activity, the Minister shall take appropriate steps to ensure that the files of that body are either processed by another notified body or kept available for the responsible notifying and market surveillance authorities at their request.
Presumption of conformity of notified bodies
23. Where a notified body demonstrates its conformity with the criteria laid down in the relevant harmonised standards (or part of such a standard), the reference to which has been published in the Official Journal of the Union, it shall be presumed to comply with the requirements set out in Article 23 of the Directive in so far as the relevant harmonised standards cover those requirements.
Subsidiaries of and subcontracting by notified bodies
24. (1) Where a notified body subcontracts specific tasks connected with conformity assessment or has recourse to a subsidiary, it shall ensure that the subcontractor or the subsidiary meets the requirements set out in Regulation 22 and shall inform the Minister accordingly.
(2) The notified body shall be responsible for the tasks performed by subcontractors or subsidiaries wherever these are established.
(3) Activities may be subcontracted or carried out by a subsidiary only with the agreement of the client.
(4) The notified body shall keep at the disposal of the Minister the relevant documents concerning the assessment of the qualifications of a subcontractor or a subsidiary and the work carried out by them under Annex II to the Directive.
Changes to notifications
25. (1) Where the Minister has ascertained or has been informed that a notified body no longer meets the requirements laid down in Regulation 22, or that it is otherwise failing to fulfil its obligations, the Minister shall restrict, suspend or withdraw notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations and immediately inform the Commission and the other Member States accordingly.
(2) In the event of restriction, suspension or withdrawal of notification, or where the notified body has ceased its activity, the Minister shall take appropriate steps to ensure that the files of that body are either processed by another notified body or kept available for the responsible notifying and market surveillance authorities at their request.
Operational obligations of notified bodies
26. (1) A notified body shall carry out a conformity assessment in accordance with the conformity assessment procedure provided for in Annex II to the Directive.
(2) A notified body shall perform its activities taking due account of—
(a) the size of the undertaking,
(b) the sector in which it operates,
(c) the structure of the undertaking,
(d) the degree of complexity of the instrument technology, and
(e) the mass or serial nature of the production process.
(3) Where a notified body finds that the essential requirements set out in Annex I or corresponding harmonised standards or other technical specifications have not been met by a manufacturer, it shall require the manufacturer to take appropriate measures and shall not issue a certificate of conformity.
(4) Where, in the course of the monitoring of conformity following the issue of a certificate, a notified body finds that an instrument no longer complies, it shall require the manufacturer to take appropriate corrective measures and shall suspend or withdraw the certificate if necessary.
(5) Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw any certificates as appropriate.
(6) A manufacturer whose certificate has been restricted, suspended or withdrawn under paragraph (5), may appeal the decision of the notified body to an appeal panel established under Regulation 27 not later than 21 days, or such longer period as the Minister may, for good and sufficient reason, determine.
Appeal panel
27. (1) This Regulation applies to—
(a) an economic operator aggrieved by a decision by a notified body pursuant to Regulation 26 which affects the economic operator, and
(b) a notified body aggrieved by a decision of the Minister pursuant to Regulation 22.
(2) The Minister shall, upon a request in writing from a person to whom this Regulation applies who is aggrieved by a decision referred to in subparagraph (a) or (b) of paragraph (1), establish a panel (“appeal panel”) to consider an appeal by that person against the decision concerned.
(3) The Minister may establish more than one appeal panel to consider one or more appeals.
(4) An appeal panel shall consist of at least 3 but not more than 5 persons appointed by the Minister one of whom shall be designated by the Minister to be the chairperson of the panel.
(5) An appeal panel shall determine its own procedure.
(6) Upon appeal—
(a) under Regulation 26, an appeal panel may—
(i) affirm or vary the refusal, restriction, suspension or withdrawal of a certificate, as the case may be, or
(ii) quash the decision of the notified body and direct the notified body, for stated reasons, to reconsider its decision,
(b) under Regulation 22, an appeal panel may—
(i) affirm or vary the restriction, suspension or withdrawal of notification, as the case may be, or
(ii) quash the decision of the notifying authority and direct the notifying authority, for stated reasons, to reconsider its decision.
(7) An appeal panel shall notify the person who made the request under paragraph (2) of its determination under subparagraph (a) or (b) as the case may be, of paragraph (6).
(8) The notifying authority or a notified body, as the case may be, shall comply with a determination of an appeal panel under this Regulation.
(9) A party to an appeal under this Regulation may, not later than 21 days after service on the party concerned of the determination of the appeal panel, appeal that determination to the High Court on a specified question of law.
(10) A decision of the High Court under this Regulation shall be final, save that, by leave of the court an appeal from the decision shall lie to the Court of Appeal on a specified question of law.
(11) All expenses reasonably incurred by the appellant under this Regulation in relation to an appeal before an appeal panel, the High Court or the Court of Appeal, as the case may be, shall be borne by the appellant where the appeal panel, the High Court or the Court of Appeal, as the case may be, affirms the decision of the notifying authority or notified body concerned.
(12) The notifying authority or notified body concerned, as the case may be, may recover the expenses referred to in paragraph (11) as a simple contract debt in any court of competent jurisdiction.
Information obligation on notified bodies
28. (1) Notified bodies shall inform the Minister of the following:
(a) any refusal, restriction, suspension or withdrawal of a certificate;
(b) any circumstances affecting the scope of or conditions for notification;
(c) any request for information which they have received from market surveillance authorities regarding conformity assessment activities;
(d) on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.
(2) Notified bodies shall provide the other bodies notified under the Directive carrying out similar conformity assessment activities covering the same instruments with relevant information on issues relating to negative and, on request, positive conformity assessment results.
PART 5
Union Market Surveillance, Control of Instruments Entering the Union Safeguard Procedure
Union market surveillance and control of instruments entering the Union market
29. (1) Articles 16 to 29 of the EC Regulation shall apply to non-automatic weighing instruments.
(2) For the purposes of Article 19 of the EC Regulation, where pursuant to that Article, the Director considers it is necessary to do so, the Director may destroy or otherwise render inoperable a measuring instrument presenting a serious risk referred to in that said Article.
(3) Where a measuring instrument is destroyed, or rendered inoperable under paragraph (2), the costs of such destruction or the rendering inoperable of the measuring instrument may be charged to the economic operator or any other person making the instrument available on the market.
Procedure for dealing with instruments presenting a risk at national level
30. (1) Where the Director has sufficient reason to believe that an instrument presents a risk to aspects of public interest protection covered by these Regulations, he or she shall carry out an evaluation in relation to the instrument concerned covering all relevant requirements laid down in these Regulations.
(2) The relevant economic operators shall cooperate as necessary with the Director in carrying out an evaluation under paragraph (1).
(3) Where, in the course of the evaluation referred to in paragraph (1), the Director finds that the instrument does not comply with the requirements laid down in these Regulations, he or she shall without delay require the relevant economic operator by notice in writing (“a risk compliance notice”)—
(a) to take all appropriate corrective actions to bring the instrument into compliance with those requirements,
(b) to withdraw the instrument from the market, or
(c) to recall it
within a reasonable period stated in the notification commensurate with the nature of the risk, as the Director decides.
(4) Article 21 of the EC Regulation shall apply to the measures referred to in paragraph (3) and Regulation 37 shall apply to the notice.
(5) The Director shall inform the relevant notified body accordingly of the matters referred to in paragraph (3).
(6) Where the Director considers that non-compliance of the instrument is not restricted to the territory of the State, the Director shall inform the Commission and the other Member States of the result of the evaluation referred to in paragraph (1) and of the actions which he or she has required the economic operator to take.
(7) The economic operator shall ensure that corrective action is taken in respect of all instruments that are found to be non-compliant under paragraph (3) which that operator has made available on the market throughout the Union.
(8) Where the relevant economic operator does not take adequate corrective action as required under paragraph (3) within the period referred to in that notice, the Director shall take all appropriate provisional measures to—
(a) prohibit or restrict the instrument being made available on the market in the State,
(b) withdraw the instrument from that market or
(c) recall the instrument.
(9) Where, pursuant to paragraph (8), the Director takes a measure specified in that paragraph, the Director shall notify the economic operator of the measure concerned, by notice in writing, and Regulation 37 shall apply to that notice.
(10) An economic operator shall comply with measures taken under paragraph (8) unless the notice in which they are specified is withdrawn or amended under Regulation 35(5) or annulled under Regulation 38 (5).
(11) The Director shall inform the Commission and the other Member States in writing without delay, of those measures taken under paragraph (8) with all available details in particular:
(a) the data necessary for the identification of the non-compliant instrument;
(b) the origin of the instrument;
(c) the nature of the non-compliance alleged and the risk involved;
(d) the nature and duration of the national measures taken;
(e) the arguments put forward by the relevant economic operator.
(12) The Director shall indicate in addition to the matters referred to in paragraph (11), whether the non-compliance is due to—
(a) the failure of the instrument to meet requirements relating to aspects of public interest laid down in these Regulations, or
(b) shortcomings in the harmonised standards referred to in Regulation 14 conferring a presumption of conformity.
(13) Where another Member State has initiated the procedure under Article 37 of the Directive—
(a) the Director shall without delay inform the Commission and the other Member States of—
(i) any national measure adopted, and
(ii) any additional information at their disposal relating to the non-compliance of the instrument concerned and
(b) where the Director disagrees with the adopted national measure, the objections of the Director.
(14) Where, within 3 months of receipt of the information referred to in paragraph 13, no objection has been raised by—
(a) another Member State, or
(b) the Commission
in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
(15) The Director shall ensure that appropriate restrictive measures are taken in respect of an instrument which has been subject to restrictive measures by the market surveillance authorities of another Member State, such as withdrawal of the instrument from the market in the State, without delay.
Union safeguard procedure
31. Where, pursuant to Article 38 of the Directive, a national measure of a Member State
(a) is considered justified, the Director shall—
(i) take the necessary measures to ensure that the non-compliant measuring instrument is withdrawn from the market in the State, and
(ii) inform the Commission accordingly, or
(b) is considered unjustified, the Director shall withdraw that measure.
Formal non-compliance
32. (1) Without prejudice to Regulation 30, where the Director makes one of the following findings, the Director shall, by notice in writing (a “formal non-compliance notice”), require the relevant economic operator to put an end to the non-compliance concerned:
(a) the CE marking or the supplementary metrology marking has been affixed in contravention of Article 30 of the EC Regulation or Regulation 19;
(b) the CE marking or the supplementary metrology marking has not been affixed;
(c) the inscriptions provided for in Regulation 8 have not been affixed or have been affixed in contravention of that Regulation;
(d) the identification number of the notified body, where that body is involved in the production control phase, has been affixed in contravention of Regulation 19 or has not been affixed;
(e) the EU declaration of conformity has not been drawn up;
(f) the EU declaration of conformity has not been drawn up correctly;
(g) technical documentation is either not available or not complete;
(h) the information referred to in Regulation 8(2) or Regulation 10 (6), (7) or (8) is absent, false or incomplete;
(i) any other administrative requirement provided for in Regulations 7, 8 10 or 11 is not fulfilled.
(2) For the purposes of paragraph (1)—
(a) the Director, in a formal non-compliance notice, shall specify the measures to be taken to end the non-compliance concerned, and
(b) Regulation 37 shall apply to that notice.
(3) Where the non-compliance referred to in paragraph (1) persists, the Director shall take all appropriate measures to restrict or prohibit the instrument being made available on the market or ensure that it is recalled or withdrawn from the market.
(4) Where, pursuant to paragraph (3), the Director takes a measure specified in that paragraph—
(a) the Director shall notify the economic operator of the measure concerned, by notice in writing, and
(b) Regulation 37 shall apply to that notice.
(5) A person to whom a formal non-compliance notice, or a notice under paragraph (4), is given shall comply with the notice unless the notice concerned is withdrawn or amended under Regulation 35(5) or is annulled under Regulation 38 (6).
Compliant instruments which present a risk
33. (1) Where, having carried out an evaluation under Regulation 30(1), the Director finds that although an instrument is in compliance with these Regulations, it presents a risk to aspects of public interest protection covered by these Regulations, he or she shall require the relevant economic operator by a notice in writing—
(a) to take all appropriate measures to ensure that the instrument concerned, when placed on the market, no longer presents that risk,
(b) to withdraw the instrument from the market, or
(c) to recall it,
within a reasonable period commensurate with the nature of the risk, as the Director decides.
(2) An economic operator shall ensure that the corrective action required under paragraph (1) is taken in respect of all the instruments concerned that he or she has made available on the market throughout the Union.
(3) The Director shall immediately inform the Commission and other Member States of the matters referred to in paragraph (1) and shall include all available details including—
(a) the data necessary for the identification of the instrument,
(b) the origin and the supply chain of the instrument,
(c) the nature of the risk involved, and
(d) the nature and duration of the national measures taken.
(4) Regulation 37 applies to the service of notices under this Regulation.
PART 6
Enforcement
Authorised officers
34. (1) The Director may appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of ensuring compliance with such of these Regulations as the Director may specify in the warrant referred to in paragraph (2).
(2) An authorised officer shall be furnished with a warrant of his or her appointment and when exercising any power conferred on him or her under these Regulations an authorised officer shall, if requested by any person thereby affected, produce the warrant or a copy of it to that person for inspection.
(3) Subject to paragraph (7), an authorised officer may for the purpose of ensuring that these Regulations and the Directive are being complied with—
(a) at all reasonable times enter any premises or a place, at which there are reasonable grounds to believe that instruments to which these Regulations apply, are or likely to be found, made available or placed on the market, put into service or in service or that books, documents or records relating to the instrument are kept, and search and inspect the premises or place and any product or record found therein,
(b) secure for later inspection any premises or place or part of it in which such instruments or records are kept or there are reasonable grounds for believing that such instruments or books, documents or records are kept,
(c) require any person in charge of or employed in such premises or place to produce to the officer such books, documents or records (and in the case of such information in a non-legible form to reproduce it in a permanent legible form) that are in the person’s power or control or to give to the officer such information as the officer may reasonably require in relation to any entries in such records,
(d) inspect, and take copies of or extracts from, any such books, documents or records (including in the case of information in non-legible form a copy of or extract from such information in a permanent legible form),
(e) remove and detain, where the officer has reasonable cause to suspect that there has been a contravention of these Regulations, the instrument or records for such period as may be reasonable for further examination or until the conclusion of any legal proceedings,
(f) in or at the premises, seize any equipment or part thereof or any books, records or other documents relating to equipment that the officer may reasonably require,
(g) as regards any instrument or any article or device, part or component used in the manufacture of an instrument the officer finds at or in a premises, require any person in charge of the premises, or any person who appears to the officer to be in possession of the instrument or the article or device, part or component, to supply without payment, for test, examination or analysis sufficient samples thereof,
(h) require any person to afford the officer such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the officer to exercise any of the powers conferred on an authorised officer under this Regulation,
(i) examine any procedure connected with the manufacture, importation or distribution of an instrument, and
(j) request the person in charge of a vehicle or vessel to bring that vehicle or vessel to the nearest appropriate test facility at which an inspection may be carried out.
(4) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (7) authorising such entry.
(5) Where an authorised officer in the exercise of the officer’s powers under this Regulation is prevented from entering any premises, an application may be made to the District Court under paragraph (7) for a warrant authorising such entry.
(6) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised officer under this Regulation.
(7) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this Regulation held on any premises or any part of any premises or there is an instrument or article, device, part or component of an instrument which an authorised officer requires to inspect for the purposes of these Regulations or that such inspection is likely to disclose evidence of a contravention of these Regulations, the judge may issue a warrant authorising an authorised officer, accompanied by either or both authorised officers and members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by reasonable force, the premises and exercise all or any of the powers conferred on an authorised officer under this Regulation.
(8) An application under paragraph (7) shall be made to the judge of the District Court in whose District Court district the premises is situated.
(9) A person shall not—
(a) obstruct or interfere with an authorised officer in the exercise of the officer’s powers under this Regulation,
(b) without reasonable excuse, fail to comply with a request from an authorised officer under this Regulation, or
(c) make a statement to such officer which the person knows is false or misleading.
(10) An inspector appointed under section 9 (1) of the Metrology Act 1996 for the purposes of that Act who immediately before the making of these Regulations held office as such an officer continues to be an authorised officer under this Regulation.
(11) In this Regulation, premises or place includes a vehicle or vessel.
Measures entailing prohibition or restriction
35. (1) Where the Director takes a measure referred to in Regulation 30, 31, 32 and 33, he or she shall follow the procedures set out in this Regulation.
(2) A measure referred to in paragraph (1) shall be notified without delay to the person concerned, and the notification shall—
(a) state the exact grounds on which the measure is based, and
(b) inform the person concerned of his or her right to make representations under paragraph (3) and of his or her right of appeal under Regulation 38, and
(c) explain the measures, and any time limits associated with them, that must be taken in order to remove the necessity for the prohibition or restriction.
(3) Subject to paragraph (4), a person concerned by a measure referred to in paragraph (1) shall have the opportunity to make representations to the Director in advance of the measure being taken.
(4) Where, due to the urgency of the measure referred to in paragraph (1), it is not possible to give the person concerned the opportunity to make representations in advance of the measure being taken, the Director shall give such opportunity, as soon as may be, thereafter.
(5) The Director may, where he or she considers it appropriate to do so, withdraw, or amend by a further notification in writing any notification given under this Regulation.
(6) Without prejudice to paragraph (5), the Director shall, where he or she is satisfied that the economic operator concerned has taken effective action, amend or withdraw the notice concerned.
(7) A notification under this Regulation may require that the measures concerned be undertaken—
(a) immediately, because of the urgency of the matter,
(b) from a specified date,
(c) by a specified date, or
(d) between specified dates.
(8) The Director shall cause the Commission to be notified of any relevant notification or other measures taken pursuant to paragraph (1).
(9) A person shall comply with a notification under this Regulation, or a requirement of a notification, unless and until the notification is annulled under Regulation 38 (6).
(10) Where a person fails to comply with a notification under this Regulation or a requirement of a notification, the Director may institute, in a court of competent jurisdiction, proceedings for an order requiring the person to comply with the terms of the notification.
Compliance Notice
36. (1) Where an authorised officer is satisfied that a person has contravened Regulation 4, 6, 7, 8, 9, 10, 11, 13, or 32, the authorised officer may serve a notice (in these Regulations referred to as a “compliance notice”) on the person.
(2) A compliance notice shall—
(a) state the grounds for the authorised officer being satisfied that there has been a contravention referred to in paragraph (1),
(b) for the purpose of ensuring compliance by the person concerned with any provision of these Regulations, require the person to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and
(c) contain information regarding the bringing of an appeal under paragraph (5) against the notice, including the manner in which an appeal shall be brought.
(3) A compliance notice shall not specify a date in accordance with paragraph (2)(b) that falls on or before the date by which an appeal under paragraph (5) shall be brought.
(4) An authorised officer may—
(a) withdraw a compliance notice at any time, as he or she considers appropriate, or
(b) where no appeal is brought under this Regulation, specify a date extending the period specified in the notice for the purposes of paragraph (2)(b), and notify the person in writing accordingly.
(5) A person may appeal a compliance notice served on him or her to the District Court not later than 21 days after the service of the compliance notice concerned.
(6) The authorised officer and the appellant concerned shall be entitled to be heard and to adduce evidence at the hearing of an appeal under this Regulation.
(7) The District Court shall, upon an appeal under this Regulation, do one of the following:
(a) affirm the compliance notice concerned;
(b) direct the authorised officer to withdraw the compliance notice concerned.
(8) An authorised officer shall comply with a direction under paragraph (7).
(9) A person shall comply with a compliance notice on or before the specified date.
(10) This Regulation shall not operate to prevent or restrict—
(a) the entitlement of any person to bring proceedings for the purpose of securing compliance with these Regulations by a person, or
(b) the bringing or prosecuting of any proceedings for an offence under these Regulations.
(11) In this Regulation “specified date” means, in relation to a compliance notice—
(a) the date specified in the notice in accordance with paragraph (2)(b), where no appeal against the notice is brought under this Regulation,
or
(b) the day falling immediately after the expiration of the period of 7 days from the date on which the District Court so affirms the notice, where an appeal against the notice is brought under paragraph (5) and the District Court affirms the notice in accordance with paragraph (7)(a).
Service of Notifications
37. (1) Subject to paragraph (2), a notification under Regulations 30, 31, 32, 33 and 36 shall be addressed to the person concerned by name and may be given to the person in one of the following ways—
(a) by delivering it to the person,
(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address, or
(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(2) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 (No. 38 of 2014) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
Right of appeal against notifications or other measures
38. (1) A person aggrieved by a notification or other measure taken under Regulation 30, 31, 32 or 33 may appeal to the appropriate court against the giving of the direction or taking of the measure.
(2) An appeal under this Regulation shall state the grounds on which the appeal is made and be made by written notice, which shall be lodged with the appropriate office of the court by the appellant not later than 14 days from the date upon which the notification concerned was given to him or her or the measure was taken.
(3) Where a person appeals a notice referred to in paragraph (1) he or she shall—
(a) give the Director a copy of the notice of appeal at the same time he or she lodges the notice of appeal in accordance with paragraph (2), and
(b) notify the Director in writing of the grounds of the appeal.
(4) The Director shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.
(5) Where an appeal is made under paragraph (1) the notification shall remain in force until the appeal is determined or withdrawn, subject to any decision to the contrary by the High Court.
(6) On the hearing of an appeal under this Regulation the appropriate court may, as it thinks fit, confirm the notification or measure concerned or annul the notification or measure and make any other such order as it considers appropriate.
(7) In this Regulation “appropriate court” means—
(a) in case the estimated value of the measuring instrument concerned does not exceed €15,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the District Court,
(b) in case the estimated value of the measuring instrument concerned does not exceed €75,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the Circuit Court, and
(c) in any case, the High Court.
(8) If, in relation to an appeal under this Regulation to the District Court, that court becomes of opinion during the hearing of the appeal that the value of the measuring instrument, the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the Circuit Court or the High Court, whichever it considers appropriate having regard to its opinion of the value of the measuring instrument.
(9) If, in relation to an appeal under this Regulation to the Circuit Court, that court becomes of opinion during the hearing of the appeal that the value of the measuring instrument, the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the High Court.
(10) Paragraphs (8) and (9) are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an appeal under this Regulation in relation to which it was, at the time of the hearing of the appeal, the appropriate court.
(11) An appeal under this Regulation to the District Court shall be determined by the judge of the District Court for the District Court district in which the measuring instrument concerned were made available on the market or the appellant ordinarily resides.
(12) An appeal under this Regulation to the Circuit Court shall be determined by the judge of the Circuit Court for the circuit in which the measuring instrument concerned was made available on the market or the appellant ordinarily resides.
Offences
39. (1) A person who contravenes a provision or requirement of this Regulation or Regulation 4, 6, 7, 8, 9, 10, 11, 13, 19, 30, 32, 33, 34, 35, 36, 40, 46, 53 or 59 commits an offence.
(2) A person who—
(a) forges or counterfeits the CE marking or supplementary metrology marking or any document required for the purposes of these Regulations,
(b) applies to any instrument a marking which he or she knows to be forged or counterfeit,
(c) knowingly makes available, places on the market or puts into use any instrument with such forged or counterfeit mark, or any mark liable to be confused with the marks authorised under these Regulations, or
(d) fails to comply with Regulation 19,
commits an offence.
(3) A person who knowingly alters a measuring instrument, device, part or component of a measuring instrument so as to affect its accuracy, commits an offence.
(4) A person who knowingly makes available on the market, places on the market or puts into use any instrument so altered commits an offence.
(5) Without prejudice to paragraph (3) a person who alters, adjusts or repairs an instrument so as to bring it into conformity with the Regulations does not commit an offence.
(6) Where a person is convicted of an offence under these Regulations, the court may order the forfeiture to the Director of any measuring instrument to which the offence relates.
(7) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Director.
Offence of providing false or misleading information
40. A person who provides to the Director information which the person knows or ought reasonably to know to be false or misleading (whether on the person’s own behalf or on behalf of another person) in purported compliance with a requirement imposed by these Regulations, commits an offence.
Penalties
41. A person convicted of an offence under these Regulations is liable—
(a) on summary conviction to a class B fine, or imprisonment for a term not exceeding 12 months, or to both, or
(b) on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 2 years or both.
Offences by bodies corporate
42. (1) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
Time limit for bringing proceedings
43. Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under these Regulations may be instituted at any time within 12 months from the date on which the offence was committed or alleged to have been committed.
Costs
44. Where a person is convicted of an offence under these Regulations the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the prosecutor the costs and expenses, measured by the court, reasonably incurred by the prosecutor in relation to the investigation, detection and prosecution of the offence, including costs incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisers.
PART 7
Instruments in Service
Definitions
45. In this Part—
“authorised person” means a person designated by a special body to undertake verification of non-automatic weighing instruments in accordance with Regulation 50;
“non-conformity mark” means the non-conformity mark prescribed under the Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 );
“prescribed mark” means a mark prescribed under the Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 );
“security mark” means a mark prescribed under the Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 );
“special body” means a body authorised under Regulation 48,
“user” means the person or organisation responsible for use of the instrument for the applications referred to in Regulation 3(a);
“verification mark” means the verification mark prescribed under the Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 ).
Control In-Service
46. (1) A person who uses or has in his or her possession for use an instrument to which Regulation 3(a) applies shall ensure the instrument continues to conform to the requirements of the Directive in accordance with the procedures and requirements set down set down in this Part.
(2) A person who knowingly fails or neglects to comply with paragraph (1) commits an offence.
Inspection in-service
47. (1) An instrument when in use for the applications referred to in Regulation 3 (a) shall be inspected in accordance with this Part at least every 2 years.
(2) Notwithstanding paragraph (1), the Director may extend or reduce the in-service inspection interval specified in that paragraph for a particular geographical region or for a particular trade or for a particular type or category of instrument or for any other reason the Director considers necessary for the purposes of the proper application of this Regulation.
Special Bodies
48. (1) The Director, with the consent of the Minister, and subject to conditions as are considered appropriate, may authorise such bodies as the Director thinks fit to carry out the verification of non-automatic weighing instruments.
(2) The Director shall ensure that bodies so authorised continue to meet the conditions laid down in accordance with paragraph (1).
(3) The Director shall withdraw the authorisation in respect of any authorised body where that body fails to meet the conditions stipulated under paragraph (1).
(4) Subject to the provisions of paragraphs (1), (2) and (3), neither the Minister nor the National Standards Authority of Ireland shall incur any liability for any act or default in the discharge or purported discharge of the function referred to in paragraph (1) by a body authorised under this Regulation.
Continuation in use
49. (1) Upon inspection in-service an authorised officer may allow any instrument to continue in use unless he or she finds—
(a) subject to subparagraph (b) the instrument no longer complies with the essential requirements or certificate granted by a notified body for its putting into service,
(b) the maximum permissible errors set down in Regulation 51(2) are exceeded,
(c) the instrument has been repaired, altered or adjusted, including where evidence of such repair, alteration or adjustment is by way of interference with or tampering with or removal of any prescribed mark or any security device or seal,
(d) the instrument has been broken or damaged to an extent which may affect its accuracy,
(e) the instrument is in use for a particular purpose for which it was not intended,
(f) the instrument is erected in such a manner as not to facilitate testing,
(g) the instrument bears a mark that is not prescribed, or
(h) the manner of use of the instrument is contrary to the requirements of Regulation 54.
(2) Where an authorised officer determines—
(a) that an instrument exceeds the maximum permissible error set down in Regulation 51(2) by not more than 10%, or
(b) that the degree of non-compliance with the requirements of these Regulations is such that the instrument should not immediately be taken out of service,
the authorised officer shall issue to the user a notice in writing giving reasons for his or her decision and directing the user to rectify the matter within a period not exceeding 20 working-days.
(3) Should the user fail to comply with the direction issued under paragraph (2) by the date given in the notice, the authorised officer shall affix the non-conformity mark to the instrument.
(4) Except where provided for in paragraph (2) an authorised officer shall immediately affix the non-conformity mark to any instrument found not to be allowed to continue in use for one or more reasons set out in paragraph (1).
(5) An instrument referred to in paragraphs (3) or (4) shall thereafter be submitted for verification in accordance with Regulation 50 in order to be used for the purposes set down in Regulation 3 (a).
Verification
50. An authorised officer or authorised person shall affix the verification mark to any instrument that has been repaired, altered or adjusted or otherwise brought into conformance since it was put into service or last verified where he or she finds that the instrument complies with—
(a) the essential requirements for its first placing on the market and any relevant certificate granted by a notified body for its putting into service,
(b) the maximum permissible errors referred to in Regulation 51 (1),
(c) the manner of use requirements set down in Regulation 54.
Maximum permissible errors
51. (1) The maximum permissible errors applicable upon verification of non-automatic weighing instruments are set out in the Table to this Regulation.
(2) The maximum permissible errors applicable upon inspection in-service of non-automatic weighing instruments are twice the values set down in the Table to this Regulation.
Table
mpe
for loads m expressed in verification scale intervals e
Class I
Class II
Class III
Class IIII
+ 0.5 e
0 < m < 50 000
0 < m < 5 000
0 < m < 500
0 < m < 50
+ 1 e
50000 < m < 200 000
5000 < m < 20 000
500 < m < 2 000
50 < m < 200
+ 1.5 e
200000 < m
20000 < m < 100 000
2000 < m < 10 000
200 < m < 1 000
Sealing and securing
52. (1) Upon verification an instrument shall be secured in such a manner as to enable an adjustment to be detected in so far as possible.
(2) Facilities for providing such securing where not already present on the instrument shall be provided by the user.
(3) Interference with or tampering with or removal of any prescribed mark or any security device or seal shall be deemed to invalidate any previous verification.
Affixation of prescribed marks
53. (1) Without prejudice to the circumstances provided for in Regulation 52 (3), the affixation of a verification or non-conformity mark under these Regulations shall be deemed to invalidate all previously affixed prescribed marks and shall continue in effect until such time as the instrument has affixed a verification mark or non-conformity mark as the case may be.
(2) Where a verification mark is affixed subsequent to a non-conformity mark it shall be affixed in such a position that it obliterates any non-conformity mark in so far as possible.
(3) Any non-conformity mark required to be affixed under these Regulations shall be affixed in such a position that it obliterates any verification mark in so far as possible.
(4) It shall be an offence to use an instrument for the applications referred to in Regulation 3(a) where—
(a) such instrument bears a non-conformity mark affixed in accordance with Regulation 51, or
(b) the verification of such instrument has been deemed invalid under Regulation 52(3).
Manner of use
54. (1) A person shall use an instrument for the applications referred to in Regulation 3(a)—
(a) within the environmental conditions for which it is intended,
(b) in the manner for which it is intended, and
(c) in accordance with any inscription signifying the manner and purpose of use;
(2) The user of an instrument for the applications referred to in Regulation 3(a) shall ensure—
(a) the instrument is not installed in conditions that could prevent the instrument from operating consistently or accurately and such conditions are not likely prematurely to degrade the instrument performance,
(b) no inscription or article is placed on an instrument where if it be so placed as to obscure or interfere with the placement of any prescribed mark or inscription.
Re-installation
55. In the case of an instrument which is required to be calibrated in-situ, if following its first placing into service it is thereafter dismantled and reinstalled, whether in the same or another location, it shall not be used for any of the applications referred to in Regulation 3(a) until it has been verified in accordance with Regulation 50.
Printers
56. A person shall not use an instrument fitted with a printing device unless the device produces a legible and durable printout.
Testing procedures
57. (1) The technical and metrological test procedures required to establish compliance with the provisions in this Part shall be identified by the Director.
Appeals
58. (1) Any person aggrieved by the decision made by an authorised officer or by a special body in relation to Part 7 of these Regulations may, within seven days, appeal to the Director in writing.
(2) An appeal under paragraph (1) shall set out specifically any manner in which it is claimed that the authorised officer or special body misapplied any provision of Part 7 of these Regulations.
(3) The Director shall not decide the appeal until he or she has—
(a) received a report on the matter from the authorised officer or special body concerned, and
(b) afforded the person aggrieved and the authorised officer or special body an opportunity to make submissions to him or her, and
(c) where he or she considers it necessary or desirable, received the result of any other test or examination of the instrument performed on his or her behalf by any other person for that purpose.
(4) In deciding the appeal, the Director may—
(a) reject the appeal and confirm the performance of any operation by the authorised officer or special body concerned, or
(b) allow the appeal and direct the authorised officer or special body concerned to perform the operation concerned in a manner specified in that direction.
(5) A decision by the Director on an appeal under this Regulation shall be final and binding and no further appeal shall lie under these Regulations.
Removal of seals or marks
59. (1) Subject to paragraph (2), every person who removes, defaces or obliterates any marking or tag or wilfully breaks any seal or device that has been placed on or attached to an instrument that is or is to be used for an application referred to in Regulation 3(a) is guilty of an offence if that marking, tag, seal or device has been placed on or attached to the instrument by an authorised officer or by an authorised person.
(2) No person is guilty of an offence under paragraph(1) if he or she removes any marking or tag or breaks any seal or device referred to in that subsection for the purpose of altering, adjusting or repairing an instrument, and so informs the user.
(3) The user of the instrument shall, as soon as practicable after being so informed, arrange to have the instrument verified in accordance with Regulation 50.
Fees
60. (1) The Director, with the approval of the Minister, may charge a fee for carrying out or causing to be carried out any function related to verification under Part 7 of these Regulations.
(2) A notified body may charge a fee which shall be equal to the amount which the notified body estimates it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.
(3) A fee charged pursuant to paragraph (1) or (2) shall—
(a) be reasonable, proportionate and commensurate with the costs incurred in respect of the particular function or service,
(b) not exceed the real cost of the function or service provided, and
(c) in the case of a flat-rate fee, be justified by reference to the average cost of the function or service provided.
PART 8
General
Repeal and Revocations
61. (1) Section 10 (6) of the Metrology Act 1996 (N0. 27 of 1996) is repealed.
(2) The Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ) are amended—
(a) in Regulation 2 (1)—
(i) by the deletion of the definition of “Directive 90/384/ EEC”,
(ii) by the deletion of “(or in the case of non-automatic weighing instruments taking out of use for any purpose prescribed by Regulation 4 (a) of the 1992 Regulations” in the definition of “taking out of service”,
(iii) the deletion of the definition of “1992 Regulations”,
(b) in Regulation 2(2), by the deletion of “Directive 90/384/ EEC”,
(c) by the revocation of Regulation 3 (2),
(d) by the revocation Regulation 3(5) (a),
(e) in Regulation 8(2) (b), by the deletion of clause (iii)
(f) in Regulation 9 (a), by the deletion of clause (iii),
(g) in Regulation 68 (a), by the deletion of “of Directive 90/384/EEC or”.
(3) Regulation 2(1) of the Legal Metrology (Marks) Regulations 2008 ( S.I. No.296 of 2008 ) are amended—
(a) by the deletion of the definition of the definition of “1992 Regulations”, and,
(b) by inserting the following definition:
“2018 Regulations’ means the European Union (Non-automatic Weighing Instruments) Regulations 2018 ( S.I. No. 47 of 2018 ).
(4) The European Communities (Non-automatic Weighing Instruments) Regulations 1992 ( S.I. No. 424 of 1992 ) are revoked.
Transitional
62. (1) Instruments which are in conformity with the Regulations of 1992 and which were placed or made available on the market or put into service before the coming into operation of these Regulations may continue to be made available on the market and where in use may be inspected in-service in accordance with Part 7 of these Regulations.
(2) Certificates issued under the Regulations of 1992 shall be valid under these Regulations.
(3) References to Directive 2009/23/EC in any Act or statutory instrument shall be construed as references to the Directive.
/images/ls
GIVEN under my Official Seal,
5 March 2018.
HEATHER HUMPHREYS,
Minister for Business, Enterprise and Innovation.
EXPLANATORY NOTE
(This note is not part of the Regulations and does not purport to be a legal interpretation)
These Regulations give effect to Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (recast).
The Regulations provide for the free movement within the Community of non-automatic weighing instruments and set out essential requirements, which must be met for instruments intended for certain specified uses.
Part 1 deals with the General Provisions of the Regulations and contains definitions, application to the instruments as defined in Annexes 1 to VI of the Directive.
Part 2 of the Regulations sets out the Obligations of Economic Operators (authorised representatives, manufacturers, importers and distributors) in relation to the marking of, and the indication of regulated instruments in the State, and, in particular to ensure that they meet the essential requirements applicable to those instruments.
Part 3 of the Regulations deals with the Conformity of Instruments. An instrument which is in conformity with harmonised standards (or part of such a standard) the references to which have been published in the Official Journal of the Union shall be presumed to be in conformity with the essential requirements referred to in Annex I of the Directive, covered by that standard (or part of that standard).
Part 4 of the Regulations deals with Notification of Conformity Assessment Bodies. The Regulations provide for the appointment of a Notifying Authority and Notified Bodies to carry out the various functions such as type-approval, verification and quality system approval and sets out the obligations on manufacturers and the conditions under which they may issue a declaration of conformity.
Part 5 of the Regulations deals with Union Market Surveillance, and Control of Instruments entering the Union Market and Union Safeguard Procedures for dealing with Instruments presenting a risk at national level.
Part 6 of the Regulations deals with Enforcement. The Regulations provide for an Appeals Procedure, market surveillance, powers of inspectors and authorised officers and penalties for Offences.
Part 7 deals with Instruments in Service. A person who uses or has in his or her possession for use an instrument to which Regulation 3(a) applies, shall ensure that the instrument continues to conform to the requirements of the Regulations and the Directive in accordance with the procedures and requirements set down in this Part. A person who knowingly fails or neglects to comply with the above, commits an offence. Any person aggrieved by a decision made under Part 7, can appeal to the Director of Legal Metrology.
Part 8 deals with Repeal and Revocations and Transitional Provisions. Under the Regulations:
(1) Section 10 (6) of the Metrology Act 1996 (No. 27 of 1996) is repealed.
(2) The Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ) are either amended or revoked as follows: in Regulations 2(1), 2(2), 3(2), 3(5)(a), 8(2)(b)(iii), Regulation 9(a)(iii), and Regulation 68(a).
(3) Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ) are amended.
(4) Regulation 2(1) of the Legal Metrology (Marks) Regulations 2008 ( S.I. No.296 of 2008 is amended.
(5) The European Communities (Non-Automatic Weighing Instruments) Regulations 1992 ( S.I. No. 424 of 1992 ) are revoked.
1 OJ No. L 96, 29.3.2014, p. 107.
2 OJ No. L 218, 13.8.2008, p.30.
– Statutory Instruments 2018 S.I. No. 43/2018 – European Communities (Measuring Instruments and Metrological Control) Regulations 2018
S.I. No. 43/2018 –
European Communities (Measuring Instruments and Metrological Control) Regulations 2018
I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2009/34/EC of the European Parliament and of the Council of 23 April 20091 , hereby make the following regulations:
Part 1
PRELIMINARY
Citation and commencement
1. (1) These Regulations may be cited as the European Communities (Measuring Instruments and Metrological Control) Regulations 2018.
(2) These Regulations come into operation on 28 February 2018.
Interpretation
2. (1) In these Regulations—
“authorised officer” means a person appointed under Regulation 20;
“Director” means the Director of Legal Metrology;
“EC initial verification” shall be construed in accordance with Regulation 15;
“EC pattern approval” shall be construed in accordance with Regulation 5;
“enactment” has the same meaning as it has in the Interpretation Act 2005 ;
“Metrology Directive” means Directive 2009/34/EC of the European Parliament and of the Council of 23 April 20091 ;
(2) A word or expression which is used in these Regulations and is also used in the Metrology Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Metrology Directive.
Application
3. These Regulations apply to—
(a) the placing on the market and putting into service of instruments, and
(b) the harmonisation of methods of measurement and metrological control and, where appropriate, the means required for application of such methods.
Metrology Act 1996 and other laws
4. (1) Subject to paragraph (2), nothing in the Metrology Act 1996 (No. 27 of 1996) or any other enactment or rule of law shall prevent, prohibit or restrict the placing on the market or entry into service of an instrument or of a product described in Regulation 3 where that instrument or product bears EC marks or signs in accordance with—
(a) these Regulations or the law of another Member State giving effect to the Metrology Directive, and
(b) the law of the State giving effect to a separate Directive relating to the instrument or product in question or the law of another Member State giving effect to a separate Directive relating to the instrument or product in question.
(2) Where an instrument bears an EC initial verification mark, paragraph (1) shall not apply in respect of that instrument from the end of the year following the year in which that mark was affixed to the instrument or, where the law of the State giving effect to a separate Directive provides for a longer period, from the end of that period.
Part 2
PATTERN APPROVAL
EC pattern approval
5. (1) EC pattern approval, in relation to an instrument, means the admission to EC initial verification of that instrument and, where EC initial verification is not required, the authorisation to place the instrument on the market or to put the instrument into service.
(2) Where the law of the State giving effect to the separate Directive applicable to a category of instruments exempts that category from EC pattern approval, the instruments in that category shall be admitted directly to EC initial verification.
Granting of EC pattern approval
6. (1) The Director shall grant EC pattern approval in accordance with this Part, Part 4, Schedule 1 and the law of the State giving effect to the relevant separate Directive.
(2) Where the inspection equipment of the Legal Metrology Service so permits, the Director shall grant EC pattern approval to an instrument which satisfies the requirements specified in these Regulations and the law of the State giving effect to the relevant separate Directive.
Application for EC pattern approval
7. (1) An application for EC pattern approval shall be made by the manufacturer of an instrument or, where the manufacturer is not established in the Union, the representative of the manufacturer established within the Union.
(2) An application for EC pattern approval shall not be made in the State in respect of an instrument where an application in respect of that instrument has previously been made in another Member State.
(3) An application for EC pattern approval shall be made in accordance with paragraph 1 of Schedule 1.
Modifications and additions
8. (1) Where the Director has granted EC pattern approval in respect of an instrument, the manufacturer of the instrument or, where the manufacturer is not established in the Union, the representative of the manufacturer established within the Union, shall notify the Director, as soon as reasonably practicable, of any modification or addition to the approved pattern.
(2) Where the Director receives a notification in accordance with paragraph (1), the Director shall notify the competent authorities in the other Member States of the modification or addition, as the case may be, to the approved pattern.
(3) Where the Director has granted EC pattern approval in respect of an instrument, the manufacturer of the instrument or, where the manufacturer is not established in the Union, the representative of the manufacturer established within the Union, shall apply for additional pattern approval for a modification or addition to an approved pattern in a case in which that modification or addition, as the case may be, would or may influence measurement results or the prescribed conditions for use of the instrument.
(4) In the case of a modified pattern, a new EC pattern approval shall be granted instead of an addition to the original EC pattern approval certificate where the pattern is modified after the provisions of the Metrology Directive or of the relevant separate Directive have been amended or adapted in such a way that the modified pattern could be approved only pursuant to the new provisions.
Ancillary equipment
9. When EC pattern approval is granted by the Director for ancillary equipment, the approval shall specify—
(a) the patterns of each instrument to which the ancillary equipment may be attached or in which it may be incorporated, and
(b) the general conditions for the overall functioning of the instruments for which it is approved.
EC pattern approval certificate
10. (1) Where an instrument in respect of which an application has been made to the Director has successfully completed the EC pattern approval examination in accordance with paragraph 2 of Schedule 1 and the law of the State giving effect to the separate Directive relating to that instrument, the Director shall prepare an EC pattern approval certificate in accordance with paragraph 3.1 of Schedule 1 and issue the certificate to the applicant.
(2) In a case provided for in Regulation 19 or in the law of the State giving effect to a separate Directive relating to the instrument concerned, the applicant must, and in all other cases may, affix or cause to be affixed on each instrument conforming to the approved pattern the EC approval sign shown in the certificate.
Validity of EC pattern approval
11. (1) Subject to paragraph (2), an EC pattern approval shall be valid for 10 years from the date it is granted.
(2) The validity of an EC pattern approval may be extended for successive periods of 10 years.
(3) No limit shall apply to the number of instruments which may be manufactured in accordance with an approved pattern.
(4) An EC pattern approval granted under these Regulations and the law of the State giving effect to a separate Directive may not be extended after the date of the entry into force of any amendment to, or adaptation of, the Metrology Directive or that separate Directive, where the EC pattern approval could not have been granted on the basis of the amended or adapted Metrology Directive or the amended or adapted separate Directive, as the case may be.
(5) Where an EC pattern approval in respect of an instrument is not extended, the approval shall continue to apply to such an instrument which is already in service.
Limited EC pattern approval
12. (1) Where techniques, not provided for in the separate Directive relating to an instrument, are used in such an instrument, the Director may grant an EC pattern approval in accordance with this Regulation after consultation with the competent authorities in the other Member States.
(2) An EC pattern approval referred to in paragraph (1) may be subject to the following restrictions:
(a) a limit on the number of instruments which may be covered by the approval;
(b) an obligation to notify the competent authorities of the places of installation;
(c) restrictions on use;
(d) special restrictions concerning the technique used.
(3) An EC pattern approval referred to in paragraph (1) shall not be granted in respect of an instrument unless—
(a) the separate Directive for that category of instrument has come into force, and
(b) no derogation has been made from the maximum permissible errors laid down in the separate Directive.
(4) Subject to paragraph (5), the period of validity of an EC pattern approval referred to in paragraph (1) shall not exceed two years.
(5) The period of validity of an EC pattern approval referred to in paragraph (1) may be extended by up to three years.
Voluntary affixing of sign
13. Where EC pattern approval is not required for a category of instruments which meets the requirements of the law of the State giving effect to a separate Directive, the manufacturer may, at its own risk, affix to the instruments in that category the sign described in paragraph 3.3 of Schedule 1.
Withdrawal of pattern approval
14. (1) The Director may withdraw an EC pattern approval granted by him or her where—
(a) the instruments in respect of which the approval was granted do not conform to the approved pattern or to the law of the State giving effect to the separate Directive relating to those instruments,
(b) the metrological requirements specified in the certificate of approval are not met,
(c) a restriction imposed in accordance with Regulation 12(2) is not complied with, or
(d) the Director ascertains that approval was granted in an improper manner.
(2) The Director shall withdraw an EC pattern approval granted by him or her where the instruments constructed in accordance with the approved pattern reveal in service a defect of a general nature which makes them unsuitable for their intended use.
(3) Where the Director is notified by the competent authority in another Member State that a circumstance referred to in paragraph (1) is affecting or has affected an instrument in respect of which the Director granted an EC pattern approval, the Director may, following consultation with that competent authority, withdraw the EC pattern approval.
(4) Where the Director is notified by the competent authority in another Member State that the circumstance referred to in paragraph (2) is affecting or has affected an instrument in respect of which the Director granted an EC pattern approval, the Director shall, following consultation with that competent authority, withdraw the EC pattern approval.
(5) Where the Director determines that the circumstance referred to in paragraph (2) is affecting or has affected an instrument in respect of which an EC pattern approval has been granted by the competent authority in another Member State and so informs that competent authority, the Director may prohibit the placing on the market and putting into service of the instrument concerned until further notice.
(6) Where the Director prohibits the placing on the market and putting into service of an instrument in accordance with paragraph (5), he or she shall immediately inform the European Commission and the competent authorities in other Member States, stating the reasons on which his or her decision is based.
(7) Where the Director determines that that one or more of the circumstances referred to in paragraph (1) is affecting or has affected an instrument which has been exempted from EC initial verification and in respect of which an EC pattern approval has been granted by the competent authority in another Member State and so informs that competent authority, the Director may prohibit the placing on the market and putting into service of the instrument concerned until further notice if the manufacturer, after due warning, does not bring the instrument into conformity with the approved pattern or with the requirements of the relevant separate Directive.
(8) Where—
(a) the Director disputes that the circumstance referred to in paragraph (2) is affecting or has affected an instrument in respect of which the Director granted an EC pattern approval after having been so notified by a competent authority in another Member State,
(b) the competent authority in another Member State disputes that the circumstance referred to in paragraph (2) is affecting or has affected an instrument in respect of which that competent authority granted an EC pattern approval after having been so notified by the Director,
(c) a competent authority in another Member State disputes that a prohibition declared by the Director under paragraph (5) or (7) is justified, or
(d) the Director disputes that a prohibition declared by a competent authority in another Member State under the law of that Member State giving effect to Article 7(2) or (4) of the Metrology Directive is justified,
the Director shall endeavour to resolve the dispute with the competent authority concerned and shall keep the European Commission informed of all developments in the resolution of the dispute.
Part 3
INITIAL VERIFICATION
EC initial verification — meaning
15. (1) EC initial verification, in relation to an instrument, means the examination of a new or reconditioned instrument and the confirmation of its conformity to the relevant approved pattern or to the requirements of these Regulations and the law of the State giving effect to the separate Directive relating to the instrument concerned.
(2) EC initial verification is certified by the EC initial verification mark.
Conducting EC initial verification
16. (1) EC initial verification of an instrument may be carried out by a method other than unit checking in a case specified in the law of the State giving effect to the separate Directive relating to the instrument concerned and in accordance with that law.
(2) Where the equipment of the Legal Metrology Service so permits, the Director shall carry out EC initial verification of an instrument submitted as having the measurement characteristics and satisfying the technical construction and functioning requirements specified in the law of the State giving effect to the separate Directive relating to that category of instrument.
EC initial verification — examination
17. (1) Where an instrument is submitted to the Director for EC initial verification, an authorised officer shall determine—
(a) whether the instrument belongs to a category exempt from EC pattern approval and, if so, whether it satisfies the technical construction and functioning requirements laid down by the law of the State giving effect to the separate Directive relating to that instrument, and
(b) whether the instrument has received EC pattern approval and, if so, whether it conforms to the approved pattern, and to the law of the State giving effect to the separate Directive relating to that instrument, in force on the date of issue of that EC pattern approval.
(2) The examination carried out in EC initial verification relates in particular, in accordance with the separate Directives, to—
(a) the metrological characteristics,
(b) the maximum permissible errors,
(c) 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, and
(d) the presence of prescribed inscriptions and stamp plates or provisions for EC initial verification marking.
Affixing of mark
18. Where an instrument has successfully undergone EC initial verification, in accordance with the requirements of this Part, Part 4, Schedule 2 and of the law of the State giving effect to the separate Directives, the EC partial or final verification marks described in paragraph 3 of Schedule 2, shall be affixed to that instrument by an authorised officer in accordance with the rules laid down in that paragraph.
Voluntary affixing of mark
19. Where EC initial verification is not required for a category of instruments which meets the requirements of the law of the State giving effect to a separate Directive, the manufacturer shall, at its own risk, affix to the instruments in that category the special symbol described in paragraph 3.4 of Schedule 1.
Part 4
COMMON PROVISIONS
Authorised officers
20. (1) The Director may appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of ensuring compliance with these Regulations.
(2) An authorised officer shall be furnished with a warrant of his or her appointment and when exercising any power conferred on him or her under these Regulations an authorised officer shall, if requested by any person thereby affected, produce the warrant or a copy of it to that person for inspection.
(3) Subject to paragraph (7), an authorised officer may for the purpose of ensuring that these Regulations are being complied with—
(a) at all reasonable times enter any premises or a place, at which there are reasonable grounds to believe that instruments to which these Regulations apply, are or are likely to be found, placed on the market or put into service, or that books, documents or records relating to such an instrument are kept, and search and inspect the premises or place and any instrument or books, documents or records found therein,
(b) secure for later inspection any premises or place or part of it in which such instruments or books, documents or records are kept or there are reasonable grounds for believing that such instruments or books, documents or records are kept,
(c) require any person in charge of or employed in such premises or place to produce to the officer such books, documents or records (and in the case of such information in a non-legible form to reproduce it in a permanent legible form) that are in the person’s power or control or to give to the officer such information as the officer may reasonably require in relation to any entries in such records,
(d) inspect, and take copies of or extracts from, any such books, documents or records (including in the case of information in non-legible form a copy of or extract from such information in a permanent legible form),
(e) remove and detain, where the officer has reasonable cause to suspect that there has been a contravention of these Regulations, the instrument, device, part or component or books, documents or records for such period as may be reasonable for further examination or until the conclusion of any legal proceedings,
(f) in or at the premises, seize any equipment or part thereof or any books, records or other documents relating to equipment that the officer may reasonably require,
(g) as regards any instrument or any article or device, part or component used in the manufacture of an instrument the officer finds at or in a premises, require any person in charge of the premises, or any person who appears to the officer to be in possession of the instrument or the article or device, part or component, to supply without payment, for test, examination or analysis sufficient samples thereof,
(h) require any person to afford the officer such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the officer to exercise any of the powers conferred on an authorised officer under this Regulation,
(i) examine any procedure connected with the manufacture, import or distribution of an instrument, and
(j) request the person in charge of a vehicle or vessel to bring that vehicle or vessel to the nearest appropriate test facility at which an inspection may be carried out.
(4) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (7) authorising such entry.
(5) Where an authorised officer in the exercise of the officer’s powers under this Regulation is prevented from entering any premises, an application may be made to the District Court under paragraph (7) for a warrant authorising such entry.
(6) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised officer under this Regulation.
(7) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this Regulation held on any premises or any part of any premises or there is an instrument or article, device, part or component of an instrument which an authorised officer requires to inspect for the purposes of these Regulations or that such inspection is likely to disclose evidence of a contravention of these Regulations, the judge may issue a warrant authorising an authorised officer, accompanied by either or both authorised officers and members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by reasonable force, the premises and exercise all or any of the powers conferred on an authorised officer under this Regulation.
(8) An application under paragraph (7) shall be made to the judge of the District Court in whose District Court district the premises is situated.
(9) A person shall not—
(a) obstruct or interfere with an authorised officer in the exercise of the officer’s powers under this Regulation,
(b) without reasonable excuse, fail to comply with a request or a requirement of an authorised officer under this Regulation, or
(c) make a statement to such officer which the person knows is false or misleading.
(10) In this Regulation, premises or a place includes a vehicle or vessel.
Decisions under these Regulations
21. (1) The Director shall notify the affected person of a decision under these Regulations or the law of the State giving effect to a separate Directive—
(a) to refuse to grant or extend EC pattern approval,
(b) to withdraw an EC pattern approval,
(c) to refuse to carry out EC initial verification, or
(d) to prohibit the placing on the market or entry into service of an instrument.
(2) A notification under paragraph (1) shall—
(a) state the reasons for the decision concerned,
(b) inform the recipient of—
(i) the right to make a submission under paragraph (3),
(ii) the right of appeal under Regulation 22, and
(iii) the time limits associated with the exercise of the rights referred to in clauses (i) and (ii),
(c) the date on which the decision concerned shall take effect, and
(d) where applicable, the period for which the decision shall take effect.
(3) Subject to paragraph (4), an affected person may make a submission to the Director prior to a decision referred to in paragraph (1) taking effect.
(4) Where, due to the urgency of a decision referred to in paragraph (1) taking effect, it is not possible to give the affected person concerned the opportunity to make a submission to the Director prior to the decision taking effect, the Director shall give such opportunity, as soon as may be after the decision takes effect.
(5) The Director may, where he or she considers it appropriate to do so, withdraw or substitute a decision referred to in paragraph (1).
(6) An affected person shall comply with a decision referred to in paragraph (1), unless and until the decision is withdrawn under paragraph (5) or annulled under Regulation 22.
(7) Subject to paragraph (8), a notification under paragraph (1) shall be addressed to the affected person by name and may be given to the person in one of the following ways—
(a) by delivering it to the affected person,
(b) by leaving it at the address at which the affected person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address, or
(c) by sending it by post in a prepaid registered letter to the address at which the affected person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(8) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 (No. 38 of 2014) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
(9) In this Regulation and Regulation 22, “affected person” means the manufacturer of the instrument to which a decision referred to in paragraph (1) relates or, where the manufacturer is not established in the Union, the representative of the manufacturer established within the Union.
Appeal of decision
22. (1) An affected person aggrieved by a decision referred to in paragraph (1) of Regulation 21 may appeal the decision to the appropriate court.
(2) An appeal under this Regulation shall state the grounds on which the appeal is made and be made by written notice, which shall be lodged with the office of the appropriate court by the appellant not later than 14 days from the date upon which the decision was issued to him or her.
(3) Where an affected person appeals a decision referred to in paragraph (1) of Regulation 21 he or she shall—
(a) give the Director a copy of the notice of appeal at the same time he or she lodges the notice of appeal in accordance with paragraph (2), and
(b) notify the Director in writing of the grounds of the appeal.
(4) The Director shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.
(5) Where an appeal is made under paragraph (1) the decision shall remain in force until the appeal is determined or withdrawn, subject to any decision to the contrary by the High Court.
(6) On the hearing of an appeal under this Regulation the appropriate court may, as it thinks fit, confirm the decision concerned or annul the decision and make any other such order as it considers appropriate.
(7) In this Regulation “appropriate court” means—
(a) where the estimated value of the instrument concerned does not exceed €15,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the District Court,
(b) where the estimated value of the instrument concerned does not exceed €75,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the Circuit Court, and
(c) in any case, the High Court.
(8) If, in relation to an appeal under this Regulation to the District Court, that court becomes of opinion during the hearing of the appeal that the value of the instrument, the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the Circuit Court or the High Court, whichever it considers appropriate having regard to its opinion of the value of the instrument.
(9) If, in relation to an appeal under this Regulation to the Circuit Court, that court becomes of opinion during the hearing of the appeal that the value of the instrument, the subject of the appeal, exceeds that courts’ jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the High Court.
(10) Paragraphs (8) and (9) are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an appeal under this Regulation in relation to which it was, at the time of the hearing of the appeal, the appropriate court.
(11) An appeal under this Regulation to the District Court shall be determined by the judge of the District Court for the District Court district in which the instrument concerned was placed on the market or put into service or the appellant ordinarily resides.
(12) An appeal under this Regulation to the Circuit Court shall be determined by the judge of the Circuit Court for the circuit in which the instrument concerned was placed on the market or put into service or the appellant ordinarily resides.
Offences
23. (1) A person who knowingly affixes or causes to be affixed—
(a) an EC approval sign to an instrument that does not conform to the EC pattern approval to which the sign relates,
(b) the sign described in paragraph 3.3 of Schedule 1 to an instrument which does not meet the requirements of the law of the State giving effect to a separate Directive relating to that category of instrument where EC pattern approval is not required for that category of instrument,
(c) an EC partial or final verification mark described in paragraph 3 of Schedule 2 to an instrument that has not successfully undergone EC initial verification, in accordance with the requirements of these Regulations and of the law of the State giving effect to the separate Directives, or
(d) the special symbol described in paragraph 3.4 of Schedule 1 to an instrument which does not meet the requirements of the law of the State giving effect to a separate Directive relating to that category of instrument where EC pattern approval is not required for that category of instrument,
shall be guilty of an offence.
(2) A person who affixes a mark or inscription to an instrument that is likely to confuse, mislead or deceive a third party as to the meaning or form of a mark or sign referred to in paragraph (1), shall be guilty of an offence.
(3) A person who forges or counterfeits any stamp used for stamping or device used to affix a mark or sign referred to in paragraph (1) or wilfully alters an instrument so as to affect its accuracy, shall be guilty of an offence.
(4) A person who knowingly uses, sells, utters, disposes or exposes for sale—
(a) an instrument with a forged or counterfeit mark or sign referred to in paragraph (1),
(b) an instrument altered so as to affect its accuracy, or
(c) an instrument bearing a mark liable to be confused with a mark or sign referred to in paragraph (1),
shall be guilty of an offence.
(5) A person who fails to comply with a decision to prohibit the placing on the market or entry into service of an instrument, notified to that person in accordance with Regulation 21(2), after the decision has come into effect and prior to the date, if any, that the decision ceases to have effect, is withdrawn or is annulled, shall be guilty of an offence.
(6) A person who—
(a) obstructs or impedes an authorised officer in the exercise of a function, or does not comply with a requirement made by an authorised officer in carrying out a function under these Regulations,
(b) fails without reasonable cause to give an authorised officer any such assistance or information which the authorised officer may reasonably request for the purpose of the performance by the authorised officer of a function under these Regulations, or
(c) knowingly or recklessly makes a false or misleading statement, either verbally or in writing, to an authorised officer who is engaged in carrying out a function under these Regulations,
shall be guilty of an offence.
Penalties and prosecution
24. (1) A person convicted of an offence under these Regulations is liable—
(a) on summary conviction to a class B fine or imprisonment for a term not exceeding 12 months or both, or
(b) on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 2 years or both.
(2) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Director.
(3) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , proceedings for an offence under these Regulations may be instituted at any time within 12 months from the date of the offence or, if later, 12 months from the date on which evidence that, in the opinion of the person by whom the proceedings are brought, is sufficient to justify the bringing of the proceedings comes to that person’s knowledge.
Offences by bodies corporate
25. (1) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
Fees
26. (1) The Director may charge a fee for carrying out or causing to be carried out any function or service under these Regulations.
(2) A fee charged pursuant to paragraph (1) shall—
(a) be reasonable, proportionate and commensurate with the costs incurred by the Director in respect of the particular function or service,
(b) not exceed the real cost of the function or service provided, and
(c) in the case of a flat-rate fee, be justified by reference to the average cost of the function or service provided.
Language
27. Where an inscription is required to be affixed to an instrument in accordance with these Regulations or the law of the State giving effect to a separate Directive, that inscription shall be in English.
Part 5
Amendment and revocation
Amendment of European Communities (Measuring Container Bottles) Regulations 1977
28. Regulation 2 of the European Communities (Measuring Container Bottles) Regulations 1977 ( S.I. No. 237 of 1977 ) is amended in Regulation 2 by the substitution of the following definition for the definition of “the EEC sign”:
“ ‘the EEC sign’ means a sign, at least 3 millimetres in height which is in the form of sign 3 (reversed epsilon) referred to in Article 6 of, and described in point 3.3 of Annex 1 to, Directive 2009/34/EC of the European Parliament and of the Council of 23 April 20091;”.
Amendment of Legal Metrology (Type Approval) Regulations 2006
29. The Legal Metrology (Type Approval) Regulations 2006 ( S.I. No. 207 of 2006 ) are amended—
(a) in Regulation 2—
(i) by the insertion of the following definitions:
“ ‘EC initial verification mark’ means the mark referred to in Regulation 15(2) of the European Communities (Measuring Instruments and Metrological Control) Regulations 2018 ( S.I. No. 43 of 2018 );
‘EC pattern approval symbol’ means the sign described in paragraph 3.3 of Schedule 1 to the European Communities (Measuring Instruments and Metrological Control) Regulations 2018 ( S.I. No. 43 of 2018 );”, and
(ii) by the deletion of the definitions of “EEC initial verification marks” and “EEC pattern approval symbol”, and
(b) in Regulation 3(2), by the substitution of “that bear an EC pattern approval symbol or an EC initial verification mark” for “that bear an EEC pattern approval symbol or an EEC initial verification mark”.
Amendment of the Legal Metrology (Marks) Regulations 2008
30. The Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 ) are amended—
(a) in Regulation 2(1),
(i) by the insertion of the following definitions:
“ ‘EC initial verification’ means the procedure leading to affixation of the EC initial verification mark on any measuring instrument;
‘EC initial verification mark’ means the mark referred to in Regulation 15(2) of the European Communities (Measuring Instruments and Metrological Control) Regulations 2018 ( S.I. No. 43 of 2018 );”, and
(ii) by the deletion of the definitions of “EEC initial verification”, “EEC initial verification mark” and “1973 Regulations”, and
(b) in Regulation 3(1)(a), by the substitution of “EC initial verification” for “EEC initial verification”.
Amendment of the Legal Metrology (General) Regulations 2008
31. The Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ) are amended—
(a) in Regulation 2—
(i) in paragraph (1)—
(I) by the insertion of the following definitions:
“ ‘EC initial verification mark’ means the mark referred to in Regulation 15(2) of the European Communities (Measuring Instruments and Metrological Control) Regulations 2018 ( S.I. No. 43 of 2018 );
‘EC pattern approval certificate’ means a certificate of approval, granted by the competent authority of a Member State, in respect of the pattern of a measuring instrument which certificate allows for and governs the application of any EC pattern approval symbol to any measuring instrument;
‘EC pattern approval symbol’ means the sign described in paragraph 3.3 of Schedule 1 to the European Communities (Measuring Instruments and Metrological Control) Regulations 2018 ( S.I. No. 43 of 2018 );”, and
(II) by the deletion of the definitions of “EEC initial verification mark”, “EEC pattern approval certificate”, “EEC pattern approval symbol” and “1973 Regulations”, and
(ii) in paragraph (2), by the substitution of “EC initial verification mark” for “EEC initial verification mark”,
(b) in Regulation 3(5)(c), by the substitution of “EC initial verification mark” for “EEC initial verification mark”,
(c) in Regulation 8—
(i) in paragraph (1)(a), by the substitution of “EC initial verification mark” for “EEC initial verification mark”, and
(ii) in paragraph (2)(b) ii, by the substitution of “EC pattern approval certificate” for “EEC pattern approval certificate”, and
(d) in Regulation 9(a) ii, by the substitution of “EC pattern approval certificate” for “EEC pattern approval certificate”.
Revocation
32. The European Communities (Measuring Instruments) Regulations 1973 ( S.I. No. 67 of 1973 ) are, to the extent that they are not revoked by the Metrology Act 1996 (No. 27 of 1996) and the European Union (Measuring Instruments) (Revocation) Regulations ( S.I. No. 44 of 2018 ), revoked.
SCHEDULE 1
EC PATTERN APPROVAL
1. Application for EC approval
1.1. The application, the correspondence relating to it and the annexed documents shall be drawn up in English. The applicant shall send simultaneously to all Member States a copy of his or her application.
1.2. The application shall contain the following information:
(a) the name and address of the manufacturer or the firm, or of his or its authorised representative or of the applicant;
(b) the category of instrument;
(c) the intended use;
(d) the measurement characteristics;
(e) 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:
(a) the construction and operation of the instrument;
(b) the protecting arrangements ensuring correct working;
(c) the devices for regulation and adjustment;
(d) 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 EC approval
2.1. The examination shall comprise:
2.1.1. a study of the documents and an examination of the measurement characteristics of the pattern in the laboratories of the Director, 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, that instrument must maintain the measurement characteristics required.
2.3. The nature and scope of the examination mentioned in paragraph 2.1 may be specified by separate Directives.
2.4. The Director may require the applicant to put at its disposal the standards and the appropriate means in terms of material and assisting personnel for the performance of the approval tests.
3. EC 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 Regulation 10 shall be a stylised letter ε containing:
— in the upper part, IRL and the last two digits of the year of approval,
— in the lower part, a designation to be determined by the Director (an identification number).
An example of this approval sign is shown in paragraph 6.1.
3.2. In the case of EC limited approval, 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 paragraph 6.2.
3.3. The sign mentioned in Regulation 13 is the same as the EC approval sign, except that the stylised letter ε 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 paragraph 6.3.
3.4. The sign mentioned in Regulation 19 is the same as the EC approval sign in a hexagon.
An example of this sign is shown in paragraph 6.4.
3.5. The signs mentioned in paragraphs 3.1 to 3.4 and affixed by the manufacturer in accordance with the provisions of these Regulations 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 Director may, if he or she considers this necessary, request the deposition of the sample instrument for which approval has been granted. Instead of that sample instrument, the Director may authorise the depositing of parts of the instrument, of scale models or of drawings, and will mention this on the EC certificate of approval.
5. Announcement of approval
5.1. At the same time as the party concerned is notified, copies of the EC 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.
5.2. Withdrawal of EC pattern approval and other communications concerning the extent and validity of EC pattern approval shall also be subject to the announcement procedure mentioned in paragraph 5.1.
5.3. Where the Director refuses to grant EC pattern approval, he or she shall inform the other Member States and the Commission of its decision.
6. Signs relative to EC pattern approval
6.1. Sign of EC pattern approval
Example:
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EC pattern approval granted by the Metrological Service of Germany in 1971 (see paragraph 3.1, first indent).
Identification number of the EC pattern approval (see paragraph 3.1, second indent).
6.2. Sign of EC limited pattern approval (see paragraph 3.2)
Example:
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EC limited pattern approval granted by the Metrological Service of Germany in 1971.
Identification number of the EC limited pattern approval.
6.3. Sign of exemption from EC pattern approval (see paragraph 3.3)
Example:
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6.4. Sign of EC pattern approval for instruments exempt from EC initial verification (see paragraph 3.4)
Example:
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EC pattern approval granted by the Metrological Service of Germany in 1971.
Identification number of the EC pattern approval.
SCHEDULE 2
EC INITIAL VERIFICATION
1. General points
1.1. The EC 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 EC 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 EC initial verification shall be carried out in two or more stages for instruments the correct functioning of which 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 EC pattern or, in the case of instruments exempt from pattern approval, that they conform to the relevant provisions.
2. Place of the EC 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 Director.
2.2. Instruments which have to be verified in two or more stages shall be verified by the Director where it is the metrological service territorially competent.
2.2.1. The last stage of verification must be carried out at the place of installation.
2.2.2. The other stages of verification shall be carried out as laid down in paragraph 2.1.
2.3. In particular, when the verification takes place outside the office of verification the Director may require the applicant:
— to put at its disposal the standards and the appropriate means in terms of material and assisting personnel for the performance of the verification,
— to provide a copy of the EC certificate of approval.
3. EC initial verification marks
3.1. Description of EC initial verification marks
3.1.1. Subject to the provisions of separate Directives, EC initial verification marks which are affixed in accordance with paragraph 3.3 shall be as follows:
3.1.1.1. the final EC verification mark shall be composed of two stamps:
(a) the first consists of a lower-case letter ‘e’ containing:
— in the upper half, the distinguishing capital letter(s) of the Member State where the original check is carried out (B for Belgium, BG for Bulgaria, CZ for the Czech Republic, DK for Denmark, D for Germany, EST for Estonia, IRL for Ireland, EL for Greece, E for Spain, F for France, I for Italy, CY for Cyprus, LV for Latvia, LT for Lithuania, L for Luxembourg, H for Hungary, M for Malta, NL for Netherlands, A for Austria, PL for Poland, P for Portugal, RO for Romania, SI for Slovenia, SK for Slovakia, FI for Finland, S for Sweden, UK for the United Kingdom) 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 EC 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 EC initial verification marks as laid down in paragraph 3.1; the first two drawings show the various parts of the stamp and 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 lower-case 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 EC initial verification marks, conforming to the models in the annexed drawings.
3.3. Affixing the marks
3.3.1. The final EC 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 EC requirements.
3.3.2. The partial EC 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.
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GIVEN under my Official Seal,
22 February 2018.
HEATHER HUMPHREYS,
Minister for Business, Enterprise and Innovation.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations give effect to Directive 2009/34/EC of the European Parliament and of the Council of 23 April 2009.
PART 1 of the Regulations deals with Preliminary issues such as Citation and Commencement of the Regulations; Interpretation (Regulations 1 and 2);
Regulation 3 provides that these Regulations apply to:
(a) the placing on the market and putting into service of instruments, and
(b) the harmonisation of methods of measurement and metrological control and, where appropriate, the means required for application of such methods.
Regulation 4 deals with the relationship of the Metrology Act 1996 and other laws with these Regulations.
PART 2 (Regulations 5 to 14), deals with: Pattern Approval; the definition of EC Pattern Approval, and the granting of EC Pattern Approval; Applications for EC Pattern Approval; Modifications and Additions to instruments by manufacturers or their representative(s); Ancillary Equipment; the provision of EC pattern approval certificate by the Director of Legal Metrology; the validity of EC pattern approval; Limited EC pattern approval; Voluntary affixing of sign by the manufacturer(at its own risk); the Withdrawal of pattern approval certificate by the Director of Legal Metrology;
PART 3 — (Regulations 15 to 19) deals with Initial Verification and sets out the procedures for conducting such EC initial verification or an examination of an instrument, by the Director of Legal Metrology; Affixing of Mark by an Authorised Officer appointed by the Director of Legal Metrology.
PART 4 (Regulations 20 to 27) deals with Common Provisions such as the appointment of Authorised Officers by the Director of Legal Metrology, for the purpose of ensuring compliance with these Regulations; Decisions made under these Regulations shall be notified to affected persons. The procedures involved in the Appeal of Decisions made by the Director of Legal Metrology are set out in Regulation 22. Offences are set out in Regulation 23. Penalties and prosecution are set out in Regulation 24. Offences by bodies corporate are set out in Regulation 25. Under Regulation 26, the Director of Legal Metrology may charge a fee for carrying out or causing to be carried out, any function or service under these Regulations. Under Regulation 27, where an inscription is required to be affixed to an instrument in accordance with these Regulations, it shall be in English.
PART 5 of these Regulations, deals with four Amendments and one Revocation as follows:
Amendments
(a) Amendment of Regulation 2 of the European Communities (Measuring Container Bottles) Regulations 1977 (S.I. No, 237 of 1977). (Regulation 28)
(b) Amendment of Regulation 2 and 3(2) of the Legal Metrology (Type Approval) Regulations 2006 ( S.I. No. 207 of 2006 ). (Regulation 29)
(c) The Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 ). (Regulation 30)
(d) The Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ). (Regulation 31)
Revocation
The European Communities (Measuring Instruments) Regulations 1973 ( S.I. No. 67 of 1973 ) are revoked. (Regulation 32)
1 OJ No. L 106, 28.4.2009, p. 7.
1 OJ No. L 106, 28.4.2009, p. 7.
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© Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas
S.I. No. 2/2018 –
Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 9th January, 2018.
I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2014/32/EU of the European Parliament and of the Council of 26 February 20141 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (amended by Commission Delegated Directive (EU) 2015/13 of 31 October 2014 amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters2 ), hereby make the following regulations:
PART 1
General Provisions
Citation
1. (1) These Regulations may be cited as the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018.
(2) These Regulations come into operation on 8 January 2018.
Interpretation
2. (1) In these Regulations—
“annex” means an annex of the Directive;
“appeal panel” means a panel established by the Minister under Regulation 27;
“authorised officer” means a person appointed under Regulation 34;
“authorised representative” means an authorised representative appointed under Regulation 10;
“Commission” means the European Commission;
“competent authority” means—
(a) in relation to the State, the Director, and
(b) in relation to another Member State, the competent authority under the Directive, of that State;
“Directive” means Directive 2014/32/EU of the European Parliament and of the Council of 26 February 20143 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (amended by Commission Delegated Directive (EU) 2015/13 of 31 October 2014 amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters4 );
“Director” means the Director of Legal Metrology;
“EC Regulation” means Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 20085 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93;
“instrument-specific Annexes” means Annexes III to XII of the Directive;
“mandate” has the meaning assigned to it by Regulation 10(1);
“Minister” means the Minister for Business, Enterprise and Innovation;
“Regulations of 2007” means the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007 ( S.I. No. 160 of 2007 );
(2) A word or expression which is used in these Regulations and is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3) For the purposes of these Regulations, the Director of Legal Metrology is the market surveillance authority in the State.
Application
3. (1) These Regulations shall apply to the measuring instruments defined in the instrument-specific Annexes III to XII (in these Regulations referred to as the ‘instrument-specific Annexes’) concerning water meters (MI-001), gas meters and volume conversion devices (MI-002), active electrical energy meters (MI-003), thermal energy meters (MI-004), measuring systems for the continuous and dynamic measurement of quantities of liquids other than water (MI-005), automatic weighing instruments (MI-006), taximeters (MI-007), material measures (MI-008), dimensional measuring instruments (MI-009) and exhaust gas analysers (MI-010).
(2) Where instrument-specific Annexes lay down essential requirements for sub-assemblies, these Regulations apply to such sub-assemblies as if such sub-assemblies were measuring instruments.
(3) Sub-assemblies and measuring instruments may be assessed independently and separately for the purpose of establishing their conformity with the requirements of these Regulations.
(4) The use of a measuring instrument is, for the purposes of these Regulations and the Directive, prescribed for the measuring tasks specified in section 3 of, and Schedule to, the Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017).
Making available on the market of measuring instruments
4. (1) A person shall not make available on the market or put into use any measuring instrument referred to in Regulation 3(1) unless the instrument satisfies the requirements of these Regulations.
(2) Nothing in the Metrology Act 1996 (No. 27 of 1996) or any other enactment or rule of law shall impede the making available on the market or putting into use of a measuring instrument for the purpose of legal metrological control where such measuring instrument complies with the Directive.
Exception for trade fairs, exhibitions and demonstrations
5. Nothing in these Regulations shall prevent the showing of measuring instruments that are not in conformity with these Regulations at trade fairs, exhibitions, demonstrations or similar events, provided that a clearly visible sign is displayed indicating—
(a) that the instruments concerned do not conform with these Regulations, and
(b) that the instruments concerned are not made available on the market or put into use until they are brought into conformity with these Regulations.
Essential requirements
6. (1) A measuring instrument referred to in Regulation 3 shall meet the essential requirements set out in Annex I and in the relevant instrument-specific Annex.
(2) The information referred to in point 9 of Annex I or in the relevant instrument-specific Annexes shall be provided, if needed for the correct use of the instrument, in the English language.
PART 2
Obligations of Economic Operators
Obligations of manufacturers
7. (1) A manufacturer shall ensure that measuring instruments placed on the market or put into use have been designed and manufactured in accordance with the essential requirements set out in Annex I and in the relevant instrument-specific Annexes applicable to the category of measuring instrument concerned.
(2) Before placing a measuring instrument on the market or putting a measuring instrument into use, the manufacturer of the measuring instrument shall—
(a) draw up the technical documentation referred to in Regulation 17,
(b) carry out or have carried out the relevant conformity assessment in accordance with Regulation 16,
(c) where compliance of a measuring instrument with the applicable requirements has been demonstrated by the conformity assessment procedure, draw up an EU declaration of conformity in accordance with Regulation 18,
(d) affix a CE marking and the supplementary metrology marking to the measuring instrument in accordance with Regulation 20,
(e) retain the technical documentation and EU declaration of conformity for 10 years after the measuring instrument has been placed on the market,
(f) ensure that procedures are in place for series production to remain in conformity with these Regulations, and having regard to any changes in measuring instrument design or characteristics and changes in the harmonised standards, normative documents or in other technical specifications by reference to which conformity of a measuring instrument is declared,
(g) when deemed appropriate with regard to the performance of a measuring instrument—
(i) carry out sample testing of measuring instruments made available on the market,
(iii) investigate and, if necessary, keep a register of complaints, of non-conforming measuring instruments and measuring instrument recalls, and
(iii) keep distributors informed of any such monitoring,
(h) mark the measuring instrument in accordance with Regulation 8, as appropriate,
(i) ensure that the measuring instrument is accompanied by an EU declaration of conformity and instructions and information on its operation in accordance with point 9.3 of Annex I, and
(j) ensure that the instructions and information referred to in paragraph (i) and any labelling accompanying that measuring instrument is clear, understandable and intelligible.
(3) A manufacturer who considers or has reason to believe that a measuring instrument which he or she has placed on the market is not in conformity with these Regulations shall immediately take the corrective measures necessary to—
(a) bring the measuring instrument into conformity,
(b) withdraw the measuring instrument, or
(c) recall the measuring instrument.
(4) Where the measuring instrument presents a risk to aspects of public interest protection covered by these Regulations, a manufacturer shall immediately inform the competent authorities of the Member States in which he or she made the measuring instrument available on the market in writing to that effect, giving details of—
(a) the non-compliance of the measuring instrument, and
(b) any corrective measures taken.
(5) (a) A manufacturer shall, further to a reasoned request from a competent authority provide the competent authority with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of a measuring instrument in English or, in the case of a competent national authority, in a language which can be easily understood by that authority.
(b) A manufacturer shall cooperate with a competent authority, at its request, on any action taken to eliminate the risks posed by measuring instruments which they have placed on the market.
Marking and indication of instruments
8. (1) A manufacturer shall ensure, in respect of measuring instruments which they have placed on the market that-
(a) the instrument bears a type, batch or serial number or other element allowing their identification, or
(b) where the size or nature of the measuring instrument does not allow such identification referred to in paragraph (a), the required information is provided in a document accompanying the measuring instrument and on the packaging, if any, in accordance with Regulation 9.
(2) Before placing a measuring instrument on the market or putting the measuring instrument into use, the manufacturer of the measuring instrument shall indicate on the measuring instrument-
(a) their name, registered trade name or registered trade mark, and
(b) the postal address at which they can be contacted.
(3) The address referred to in paragraph (2) shall indicate a single point at which the manufacturer can be contacted, and the contact details shall be in a language that is easily understood by end-users and the market surveillance authority.
(4) Where it is not possible to indicate the information specified in paragraph (2) on the measuring instrument, the manufacturer shall indicate the information in a document accompanying the measuring instrument or on the packaging, if any, in accordance with Regulation 9.
Marking of packaging and information
9. A measuring instrument of dimensions too small or of too sensitive a composition to allow it to bear the relevant information shall have its packaging, if any, and the accompanying documents required by the provisions of these Regulations suitably marked.
Authorised representatives
10. (1) Subject to paragraphs (2) and (3), a manufacturer may, by a written mandate (in this Regulation referred to as a “mandate”), appoint an authorised representative.
(2) The obligations laid down in Regulation 7(1) and the obligation to draw up technical documentation referred to in Regulation 7(2)(a) shall not be included in the authorised representative’s mandate.
(3) An authorised representative shall perform the tasks specified in a mandate received from the manufacturer.
(4) The mandate shall allow the authorised representative to—
(a) keep the EU declaration of conformity and the technical documentation at the disposal of national market surveillance authorities for 10 years after the measuring instrument has been placed on the market,
(b) further to a reasoned request from a competent authority, provide that authority with all the information and documentation necessary to demonstrate the conformity of a measuring instrument,
(c) cooperate with each such competent authority at its request, on any action taken to eliminate the risks posed by measuring instruments covered by their mandate, and
(d) such other matter as is provided for in a mandate.
(5) An authorised representative shall provide the Director with a copy of the mandate, if requested to do so.
Obligations of importers
11. (1) An importer shall not place a measuring instrument on the market or put such instrument into use unless the instrument complies with these Regulations.
(2) Before placing a measuring instrument on the market or putting a measuring instrument into use, an importer shall ensure that-
(a) the appropriate conformity assessment procedure has been carried out by the manufacturer in accordance with Regulation 16,
(b) the manufacturer has drawn up the technical documentation referred to in Regulation 17,
(c) the measuring instrument bears the CE marking and the supplementary metrology marking and is accompanied by a copy of the EU declaration of conformity and the required documents, and
(d) the manufacturer has complied with the requirements set out in Regulation 8.
(3) Where an importer considers or has reason to believe that a measuring instrument is not in conformity with the essential requirements set out in Annex I and in the relevant instrument- specific Annexes, the importer shall not place the measuring instrument on the market or put it into use until it has been brought into conformity.
(4) Where the measuring instrument presents a risk, the importer shall inform the manufacturer and the market surveillance authorities to that effect.
(5) An importer shall indicate on the measuring instrument—
(a) the name, registered trade name or registered trade mark of the importer, and
(b) a postal address at which they can be contacted.
(6) The information referred to in paragraph (5) shall be in a language easily understood by end-users and the market surveillance authority in the Member State in which it is to be made available.
(7) Where it is not possible to indicate the information specified in paragraph (5) on the measuring instrument, the importer shall indicate the information in a document accompanying the measuring instrument or on the packaging, if any, in accordance with Regulation 9.
(8) An importer shall ensure that the measuring instrument is accompanied by instructions and information in accordance with point 9.3 of Annex I in a language which can be easily understood by end-users.
(9) An importer shall ensure that, while a measuring instrument is under his or her responsibility, its storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex I and in the relevant instrument-specific Annexes.
(10) When deemed appropriate with regard to the performance of a measuring instrument, an importer shall—
(a) carry out sample testing of measuring instruments made available on the market,
(b) investigate, and, if necessary, keep a register of complaints of non-conforming measuring instruments and measuring instrument recalls, and
(c) shall keep distributors informed of any such monitoring.
(11) An importer who considers or has reason to believe that a measuring instrument which he or she has placed on the market is not in conformity with these Regulations shall immediately take the corrective measures necessary to—
(a) bring the measuring instrument into conformity,
(b) withdraw the measuring instrument, or
(c) recall the measuring instrument.
(12) Where the measuring instrument presents a risk, an importer shall immediately inform the competent authorities of the Member States in which he or she made the measuring instrument available on the market to that effect, giving details of—
(a) the non-compliance of the measuring instrument, and
(b) any corrective measures taken.
(13) An importer shall, for 10 years after a measuring instrument has been placed on the market—
(a) keep a copy of the EU declaration of conformity at the disposal of the market surveillance authorities, and
(b) ensure that the technical documentation can be made available to those authorities, upon request.
(14) (a) An importer shall, further to a reasoned request from a competent authority, provide the competent authority with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of a measuring instrument in English, or in the case of a competent national authority, in a language which can be easily understood by that authority.
(b) An importer shall cooperate with a competent authority, at its request, on any action taken to eliminate the risks posed by a measuring instrument which the importer has placed on the market.
Obligations of distributors
12. (1) A distributor shall not make a measuring instrument available on the market or put such instrument into use without acting with due care in relation to the requirements of these Regulations.
(2) Before making a measuring instrument available on the market or putting such instrument into use, a distributor shall verify that—
(a) the measuring instrument—
(i) bears the CE marking and the supplementary metrology marking,
(iii) is accompanied by the EU declaration of conformity and the required documents, and
(iii) is accompanied by instructions and information in accordance with point 9.3 of Annex I in a language which can be easily understood by end-users in the Member State in which the measuring instrument is to be made available on the market or put into use,
(b) the manufacturer has complied with the requirements set out in Regulation 8, and
(c) the importer has complied with the requirements set out in Regulation 11(5).
(3) Where a distributor considers, or has reason to believe, that a measuring instrument is not in conformity with the essential requirements set out in Annex I and in the relevant instrument-specific Annexes, the distributor—
(a) shall not make the measuring instrument available on the market or put such instrument into use until it has been brought into conformity, and
(b) where the measuring instrument presents a risk, shall inform the manufacturer or the importer and also the Director and the market surveillance authorities of the other Member States to that effect.
(4) A distributor shall ensure that, while a measuring instrument is under the responsibility of the distributor, its storage or transport conditions do not jeopardise its compliance with the essential requirements set out in Annex I and in the relevant instrument-specific Annexes.
(5) A distributor who considers or has reason to believe that a measuring instrument which he or she has made available on the market or put into use is not in conformity with these Regulations shall ensure the corrective measures necessary are taken to—
(a) bring the measuring instrument into conformity,
(b) withdraw the measuring instrument, or
(c) recall the measuring instrument.
(6) Where the measuring instrument presents a risk, the distributor shall immediately inform the competent authorities of the Member States in which the distributor made the measuring instrument available on the market to that effect, giving details of—
(a) the non-compliance of the measuring instrument, and
(b) any corrective measures taken.
(7)(a) A distributor shall, further to a reasoned request from a competent authority, provide it with all the information and documentation in paper or electronic form necessary to demonstrate the conformity of a measuring instrument with these Regulations.
(b) A distributor shall cooperate with a competent authority, at its request, on any action taken to eliminate the risks posed by a measuring instrument which the distributor has made available on the market.
Cases in which obligations of manufacturers apply to importers and distributors
13. An importer or distributor shall be considered a manufacturer for the purposes of these Regulations, and shall be subject to the obligations of the manufacturer under Regulations 7 and 8, where he or she places a measuring instrument on the market under his or her name or trade mark or modifies a measuring instrument already placed on the market in such a way that compliance with these Regulations may be affected.
Identification of economic operators
14. (1) An economic operator shall, on request, identify to the Director or the market surveillance authority of another Member State—
(a) any other economic operator who has supplied the operator with a measuring instrument, or
(b) any other economic operator to whom the operator has supplied a measuring instrument.
(2) An economic operator shall retain—
(a) the information referred to in paragraph (1)(a) for a period of 10 years after the operator has been supplied with the measuring instrument, and
(b) the information referred to in paragraph (1)(b) for a period of 10 years after the operator supplied the measuring instrument.
PART 3
Conformity of Measuring Instruments
Presumption of conformity of measuring instruments
15. (1) A measuring instrument which is in conformity with harmonised standards (or part of such a standard) the references to which have been published in the Official Journal of the European Union shall be presumed to be in conformity with the essential requirements referred to in Annex I and in the relevant instrument-specific Annexes covered by that standard (or part of that standard).
(2) A measuring instrument which is in conformity with parts of normative documents, the list of which have been published in the Official Journal of the European Union, shall be presumed to be in conformity with the essential requirements referred to in Annex I and in the relevant instrument-specific Annexes covered by those parts of normative documents.
(3) A manufacturer may choose to use any technical solution that complies with the essential requirements set out in Annex I and in the relevant instrument-specific Annexes.
(4) A manufacturer shall correctly apply solutions mentioned either in the relevant harmonised standards or in the normative documents referred to in paragraphs (1) and (2) in order for a measuring instrument to benefit from the presumption of conformity.
(5) A measuring instrument shall be presumed to comply with the appropriate tests referred to in Regulation 17(3)(i), where the corresponding test programme has been performed in accordance with the documents referred to in paragraphs (1), (2) and (3) and where the test results ensure compliance with the essential requirements.
Conformity assessment procedures
16. (1) The conformity assessment of a measuring instrument with the applicable essential requirements shall be carried out by the application, at the choice of the manufacturer, of one of the conformity assessment procedures listed in the relevant instrument-specific Annex.
(2) The conformity assessment procedures are set out in Annex II.
(3) Records and correspondence relating to conformity assessment procedures in the State shall be drawn up in the English language.
Technical documentation
17. (1) The technical documentation shall render the design, manufacture and operation of the measuring instrument intelligible and shall permit an assessment of its conformity with the applicable requirements of these Regulations.
(2) The technical documentation shall be sufficiently detailed to ensure compliance with—
(a) the definition of the metrological characteristics,
(b) the reproducibility of the metrological performances of produced measuring instruments when properly adjusted using appropriate intended means, and
(c) the integrity of the measuring instrument.
(3) The technical documentation shall insofar as relevant for assessment and identification of the type or measuring instrument include-
(a) a general description of the measuring instrument,
(b) conceptual design and manufacturing drawings and plans of components, sub-assemblies and circuits etc.,
(c) manufacturing procedures to ensure consistent production,
(d) if applicable, a description of the electronic devices with drawings, diagrams, flow diagrams of the logic and general software information explaining their characteristics and operation,
(e) descriptions and explanations necessary for the understanding of the information referred to in subparagraphs (b), (c) and (d), including the operation of the measuring instrument,
(f) a list of the harmonised standards and normative documents referred to in Regulation 15, applied in full or in part,
(g) descriptions of the solutions adopted to meet the essential requirements where the harmonised standards and normative documents referred to in Regulation 15 have not been applied, including a list of other relevant technical specifications applied,
(h) results of design calculations and examinations,
(i) the appropriate test results where necessary to demonstrate that the type or the measuring instrument comply with—
(i) the requirements of these Regulations under declared rated operating conditions and under specified environmental disturbances, and
(iii) the durability specifications for gas meters, water meters, thermal energy-meters as well as meters for liquids other than water, and
(j) the EU-type examination certificates or EU design examination certificates in respect of measuring instruments containing parts identical to those in the design.
(4) A manufacturer shall—
(a) specify where seals and markings have been applied, and
(b) indicate the conditions for compatibility with interfaces and sub-assemblies where relevant.
EU declaration of conformity
18. (1) An EU declaration of conformity shall—
(a) state that the fulfilment of the essential requirements set out in Annex I and in the relevant instrument-specific Annexes has been demonstrated in respect of the measuring instrument,
(b) have the model structure as set out in Annex XIII,
(c) contain the elements specified in the relevant modules set out in Annex II,
(d) be continuously updated, and
(e) be translated into the language, or languages, required by the Member State in which the measuring instrument is placed or made available on the market.
(2) Where a measuring instrument is subject to more than one European act requiring an EU declaration of conformity, a single EU declaration of conformity shall be drawn up in respect of all such European acts. That declaration shall contain the identification of the European acts concerned including their publication references.
(3) By drawing up the EU declaration of conformity, the manufacturer shall assume responsibility for the compliance of the measuring instrument with the requirements laid down in these Regulations.
(4) In this Regulation—
“Act of 1972” means the European Communities Act 1972 ;
“European act” means—
(a) a provision of the treaties governing the European Union, or
(b) an act adopted by an institution of the European Union, an institution of the European Communities or any other body competent under those treaties;
“European Communities” has the same meaning as it has in the Act of 1972;
“European Union” has the same meaning as it has in the Act of 1972;
“treaties governing the European Union” has the same meaning as it has in the Act of 1972.
Conformity marking
19. The conformity of a measuring instrument with these Regulations shall be indicated by the presence of the CE marking and the supplementary metrology marking on it as specified by Regulation 20.
General principles of CE marking and supplementary metrology marking
20. (1) The general principles set out in Article 30 of the EC Regulation shall apply to—
(a) the CE marking, and
(b) the supplementary metrology marking.
(2) The supplementary metrology marking shall consist of the capital letter “M” and the last 2 digits of the year of its affixing, surrounded by a rectangle.
(3) The height of the rectangle referred to in paragraph (2) shall be equal to the height of the CE marking.
Rules and conditions for affixing the CE marking and the supplementary metrology marking
21. (1) A person who affixes the CE marking or the supplementary metrology marking to a measuring instrument shall comply with this Regulation.
(2) Subject to paragraph (3), the CE marking and the supplementary metrology marking shall be affixed visibly, legibly and indelibly to the measuring instrument or to its data plate.
(3) Where it is not possible or warranted, on account of the nature of the measuring instrument, to affix a CE marking or supplementary metrology marking in accordance with paragraph (2), it shall be affixed to the accompanying documents and to the packaging, if any.
(4) When a measuring instrument consists of a set of devices which are not sub-assemblies, operating together, the CE marking and the supplementary metrology marking shall be affixed on the instrument’s main device.
(5) Subject to paragraph (6), the CE marking and the supplementary metrology marking shall be affixed before the measuring instrument is placed on the market.
(6) The CE marking and the supplementary metrology marking may be affixed to the instrument during the fabrication process, if justified.
(7) The supplementary metrology marking shall immediately follow the CE marking.
(8) The CE marking and the supplementary metrology marking shall be followed by the identification number of the notified body, where that body is involved in the production control phase as set out in Annex II.
(9) The identification number of the notified body shall—
(a) be affixed by the body itself, or under its instructions, by the manufacturer or his or her authorised representative, and
(b) be indelible or self-destructive upon removal.
(10) The CE marking, the supplementary metrology marking and, where applicable, the identification number of the notified body may be followed by any other mark indicating a special risk or use.
(11) A person shall not affix to any measuring instrument, a marking or inscription which may lead to confusion as to the meaning and form of the CE marking or the supplementary metrology marking.
PART 4
Notification of Conformity Assessment Bodies
Designation of Minister as notifying authority
22. The Minister is designated as the notifying authority in the State for the purposes of Article 24 of the Directive.
Requirements relating to notified bodies
23. (1) Subject to paragraph (2), a conformity assessment body shall meet the requirements of Article 27 of the Directive for the purposes of notification.
(2) Where a notified body subcontracts specific tasks connected with conformity assessment, it shall comply with Article 29 of the Directive.
(3) Application for notification by a conformity assessment body shall be in accordance with Article 31 of the Directive.
(4) The Minister may where—
(a) a conformity assessment body has made an application under paragraph (3), and
(b) he or she is satisfied that the conformity assessment body meets the requirements set out in this Regulation,
notify the conformity assessment body in accordance with Article 32 of the Directive.
(5) The Irish National Accreditation Board shall carry out the following activities on behalf of the Minister:
(a) the setting up and carrying out the necessary procedures for the assessment and accreditation of conformity assessment bodies;
(b) the monitoring of such notified bodies, including compliance with Article 29 of the Directive.
(6) Where the Minister has ascertained or has been informed that a notified body no longer meets the requirements laid down in Article 27 of the Directive or that it is failing to fulfil its obligations under Article 36 of the Directive or this Part, the Minister shall restrict, suspend or withdraw notification as appropriate, depending on the seriousness of the failure to meet those requirements or fulfil those obligations.
(7) The Minister shall—
(a) inform the notified body concerned in writing of his or her decision under paragraph (6) and allow the body an opportunity to make representation to him or her, and
(b) immediately inform the Commission and other Member States accordingly.
(8) Where the Minister has restricted, suspended or withdrawn notifications in accordance with paragraph (6) or where the notified body has ceased its activity, the Minister shall take appropriate steps to ensure that the files of that body are either processed by another notified body or kept available for the responsible notifying and market surveillance authorities at their request.
Presumption of conformity of notified bodies
24. Where a conformity assessment body demonstrates its conformity with the criteria laid down in the relevant harmonised standards (or part of such a standard), the reference to which has been published in the Official Journal of the European Union, it shall be presumed to comply with the requirements set out in Article 27 of the Directive in so far as the relevant harmonised standards cover those requirements.
Accredited in-house bodies
25. (1) An accredited in-house body may be used to carry out conformity assessment activities for the undertaking of which it forms a part for the purpose of implementing the procedures set out in Module A2 and Module C2 of Annex II.
(2) An accredited in-house body referred to in paragraph (1)—
(a) shall constitute a separate and distinct part of the undertaking,
(b) shall not, along with its personnel, participate or be responsible in the design, production, supply, installation, operation, use or maintenance of the measuring instruments it assesses,
(c) shall be accredited in accordance with the EC Regulation,
(d) shall be organisationally identifiable, including the body and its personnel,
(e) shall have reporting methods within the undertaking of which they form a part which ensure their impartiality and demonstrate such impartiality to the Irish National Accreditation Board,
(f) shall not engage in any activity which might conflict with the independence of judgment of the body or the integrity of the body in relation to the assessment activities, and
(g) shall supply its services exclusively to the undertaking of which it forms a part.
(3) Subject to paragraph (4), an accredited in-house body shall not be notified to the Member States or the Commission.
(4) Information concerning the accreditation of an in-house body shall be given to the Minister when requested—
(a) by the undertaking of which it forms a part, or
(b) by the Irish National Accreditation Board.
Operational obligations of notified bodies
26. (1) A notified body shall carry out a conformity assessment procedure in accordance with the conformity assessment procedures provided for in Annex II and Article 36 of the Directive.
(2) A conformity assessment body shall perform its activities taking due account of—
(a) the size of the undertaking,
(b) the sector in which it operates,
(c) the structure of the undertaking,
(d) the degree of complexity of the measuring instrument technology, and
(e) the mass or serial nature of the production process.
(3) Where a notified body finds that the essential requirements set out in Annex I and in the relevant instrument-specific Annexes or corresponding harmonised standards, normative documents or other technical specifications have not been met by a manufacturer, it shall require the manufacturer to take appropriate measures and shall not issue a certificate of conformity.
(4) Where, in the course of the monitoring of conformity following the issue of a certificate, a notified body finds that a measuring instrument no longer complies with these Regulations, it shall require the manufacturer to take appropriate corrective measures and shall suspend or withdraw the certificate if necessary.
(5) Where corrective measures are not taken or do not have the required effect, the notified body shall restrict, suspend or withdraw any certificates as appropriate.
(6) A manufacturer whose notification has been suspended or revoked, as the case may be, under paragraph (5), may appeal the suspension or revocation to an appeal panel established under Regulation 27, not later than 14 days, or such longer period as the notifying authority may, for good and sufficient reason, determine, after service on the body concerned of the notice under paragraph (4).
Appeal panel
27. (1) This Regulation applies to—
(a) an economic operator aggrieved by a decision by a notified body pursuant to Regulation 26 which affects the economic operator, and
(b) a notified body aggrieved by a decision of the Minister pursuant to Regulation 23.
(2) The Minister shall, upon a request in writing from a person to whom this Regulation applies who is aggrieved by a decision referred to in subparagraph (a) or (b) of paragraph (1), establish a panel (“appeal panel”) to consider an appeal by that person against the decision concerned.
(3) The Minister may establish more than one appeal panel to consider one or more appeals.
(4) An appeal panel shall consist of at least 3 but not more than 5 persons appointed by the Minister one of whom shall be designated by the Minister to be the chairperson of the panel.
(5) An appeal panel shall determine its own procedure.
(6) Upon appeal—
(a) under Regulation 26, an appeal panel may—
(i) affirm or vary the refusal, restriction, suspension or withdrawal of a certificate, as the case may be, or
(iii) quash the decision of the notified body and direct the notified body, for stated reasons, to reconsider its decision,
(b) under Regulation 23, an appeal panel may—
(i) affirm or vary the restriction, suspension or withdrawal of notification, as the case may be, or
(iii) quash the decision of the notifying authority and direct the notifying authority, for stated reasons, to reconsider its decision.
(7) An appeal panel shall notify the person who made the request under paragraph (2) of its determination under subparagraph (a) or (b) as the case may be, of paragraph (6).
(8) The notifying authority or a notified body, as the case may be, shall comply with a determination of an appeal panel under this Regulation.
(9) A party to an appeal under this Regulation may, not later than 21 days after service on the party concerned of the determination of the appeal panel, appeal that determination to the High Court on a specified question of law.
(10) A decision of the High Court under this Regulation shall be final, save that, by leave of the court an appeal from the decision shall lie to the Court of Appeal on a specified question of law.
(11) All expenses reasonably incurred by the appellant under this Regulation in relation to an appeal before an appeal panel, the High Court or the Court of Appeal, as the case may be, shall be borne by the appellant where the appeal panel, the High Court or the Court of Appeal, as the case may be, affirms the decision of the notifying authority or notified body concerned.
(12) The notifying authority or notified body concerned, as the case may be, may recover the expenses referred to in paragraph (11) as a simple contract debt in any court of competent jurisdiction.
Information obligation on notified bodies
28. (1) Notified bodies shall inform the Minister of the following:
(a) any refusal, restriction, suspension or withdrawal of a certificate;
(b) any circumstances affecting the scope of or conditions for notification;
(c) any request for information which they have received from market surveillance authorities regarding conformity assessment activities;
(d) on request, conformity assessment activities performed within the scope of their notification and any other activity performed, including cross-border activities and subcontracting.
(2) Notified bodies shall provide the other bodies notified under the Directive carrying out similar conformity assessment activities covering the same measuring instruments with relevant information on issues relating to negative and, on request, positive conformity assessment results.
PART 5
Union Market Surveillance, Control of Measuring Instruments Entering the Union Market and Union Safeguard Procedure
Union market surveillance and control of measuring instruments entering the Union market
29. (1) Articles 16 to 29 of the EC Regulation shall apply to measuring instruments.
(2) For the purposes of Article 19 of the EC Regulation, where pursuant to that Article, the Director considers it is necessary to do so, the Director may destroy or otherwise render inoperable a measuring instrument presenting a serious risk referred to in that said Article.
(3) Where a measuring instrument is destroyed, or rendered inoperable under paragraph (2), the costs of such destruction or the rendering inoperable of the measuring instrument may be charged to the economic operator or any other person making the instrument available on the market.
Procedure for dealing with measuring instruments presenting a risk at national level
30. (1) Where the Director has sufficient reasons to believe that a measuring instrument presents a risk to aspects of public interest protection covered by these Regulations, he or she shall carry out an evaluation in relation to the measuring instrument concerned covering all relevant requirements laid down in these Regulations.
(2) The relevant economic operators shall cooperate as necessary with the Director in carrying out an evaluation under paragraph (1).
(3) Where, in the course of the evaluation referred to in paragraph (1), the Director finds that the measuring instrument does not comply with the requirements laid down in these Regulations, he or she shall without delay require the relevant economic operator by notice in writing (a “risk compliance notice”)—
(a) to take all appropriate corrective actions to bring the measuring instrument into compliance with those requirements,
(b) to withdraw the measuring instrument from the market, or
(c) to recall it,
within a reasonable period stated in the notification commensurate with the nature of the risk, as the Director decides.
(4) Article 21 of the EC Regulation shall apply to the measures referred to in paragraph (3) and Regulation 37 shall apply to the notice.
(5) The Director shall inform the relevant notified body of the matters referred to in paragraph (3).
(6) Where the Director considers that non-compliance of the measuring instrument is not restricted to the State, the Director shall inform the Commission and the other Member States of the result of the evaluation referred to in paragraph (1) and of the actions which he or she has required the economic operator to take.
(7) The economic operator shall ensure that corrective action is taken in respect of all measuring instruments that are found to be non-compliant under paragraph (3) that it has made available on the market throughout the European Union unless the notice is withdrawn under Regulation 35(5) or annulled under Regulation 38 (6).
(8) Where the relevant economic operator does not take adequate corrective action as required under paragraph (3) within the period referred to in that notification, the Director shall take all appropriate provisional measures to-
(a) prohibit or restrict the measuring instrument being made available on the market in the State,
(b) withdraw the measuring instrument from that market, or
(c) recall the measuring instrument.
(9) Where, pursuant to paragraph (8), the Director takes a measure specified in that paragraph, the Director shall notify the economic operator of the measure concerned, by notice in writing, and Regulation 37 shall apply to that notice.
(10) An economic operator shall comply with measures taken under paragraph (8) unless the notice in which they are specified is withdrawn or amended under Regulation 35(5) or annulled under Regulation 38 (6).
(11) The Director shall immediately inform the Commission and the other Member States of the measures taken under paragraph (8) and shall include all available details including—
(a) the data necessary for the identification of the non-compliant measuring instrument,
(b) the origin of the measuring instrument,
(c) the nature of the non-compliance alleged and the risk involved,
(d) the nature and duration of the measures taken by the Director, and
(e) the arguments put forward by the relevant economic operator.
(12) The Director shall indicate in addition to the matters referred to in paragraph (11), whether the non-compliance is due to-
(a) the failure of the measuring instrument to meet requirements relating to aspects of public interest laid down in these Regulations, or
(b) shortcomings in the harmonised standards or normative documents referred to in Regulation 15 conferring a presumption of conformity.
(13) Where another Member State initiates the procedure under Article 42 of the Directive—
(a) the Director shall without delay inform the Commission and the other Member States of—
(i) any measures adopted, and
(iii) any additional information at the disposal of the Director relating to the non-compliance of the measuring instrument concerned, and
(b) where the Director disagrees with the adopted national measure, the objections of the Director.
(14) Where, within 3 months of receipt of the information referred to in paragraph (13) no objection has been raised by—
(a) another Member State, or
(b) the Commission,
in respect of a provisional measure taken by a Member State, that measure shall be deemed justified.
(15) The Director shall ensure that appropriate restrictive measures, such as
withdrawal of the measuring instrument from the market, are taken in respect of the measuring instrument concerned without delay.
Union safeguard procedure
31. Where, pursuant to Article 43 of the Directive, a national measure of a Member State-
(a) is considered justified, the Director shall—
(i) take the necessary measures to ensure that the non-compliant measuring instrument is withdrawn from the market in the State, and
(iii) inform the Commission accordingly, or
(b) is considered unjustified, the Director shall withdraw that measure.
Formal non-compliance
32. (1) Without prejudice to Regulation 30, where the Director makes one of the following findings, the Director shall, by notice in writing (a “formal non-compliance notice”), require the relevant economic operator to put an end to the non-compliance concerned:
(a) the CE marking or the supplementary metrology marking has been affixed in contravention of Article 30 of the EC Regulation or Regulation 21;
(b) the CE marking or the supplementary metrology marking has not been affixed;
(c) the identification number of the notified body, where that body is involved in the production control phase, has been affixed in violation of Regulation 21 or has not been affixed;
(d) the EU declaration of conformity does not accompany the measuring instrument;
(e) the EU declaration of conformity has not been drawn up correctly;
(f) technical documentation is either not available or not complete;
(g) the information referred to in Regulation 8(2), (3) and (4) or Regulation 11(5) is absent, false or incomplete;
(h) any other administrative requirement provided for in Regulations 7, 8 or 11 is not fulfilled.
(2) For the purposes of paragraph (1)—
(a) the Director, in a formal non-compliance notice, shall specify the measures to be taken to end the non-compliance concerned, and
(b) Regulation 37 shall apply to that notice.
(3) Where the non-compliance referred to in paragraph (1) persists, the Director shall take all appropriate measures to restrict or prohibit the measuring instrument being made available on the market or ensure that it is recalled or withdrawn from the market.
(4) Where, pursuant to paragraph (3), the Director takes a measure specified in that paragraph—
(a) the Director shall notify the economic operator of the measure concerned, by notice in writing, and
(b) Regulation 37 shall apply to that notice.
(5) A person to whom a formal non-compliance notice, or a notice under paragraph (4), is given shall comply with the notice unless the notice concerned is withdrawn or amended under Regulation 35(5) or is annulled under Regulation 38 (6).
Compliant measuring instruments which present a risk
33. (1) Where, having carried out an evaluation under Regulation 30(1), the Director finds that although a measuring instrument is in compliance with these Regulations, it presents a risk to aspects of public interest protection covered by these Regulations, he or she shall require the relevant economic operator by a notice in writing—
(a) to take all appropriate measures to ensure that the measuring instrument concerned, when placed on the market, no longer presents that risk,
(b) to withdraw the measuring instrument from the market or,
(c) to recall it,
within a reasonable period commensurate with the nature of the risk, as the Director decides.
(2) An economic operator shall ensure that corrective action required under paragraph (1) is taken in respect of all the measuring instruments concerned that he or she has made available on the market throughout the European Union.
(3) The Director shall immediately inform the Commission and other Member States of the matters referred to in paragraph (1) and shall include all available details including—
(a) the data necessary for the identification of the measuring instrument,
(b) the origin and the supply chain of the measuring instrument,
(c) the nature of the risk involved, and
(d) the nature and duration of the national measures taken.
(4) Regulation 37 applies to the service of notices under this Regulation.
PART 6
Enforcement
Authorised officers
34. (1) The Director may appoint such and so many persons as he or she thinks fit to be authorised officers for the purposes of ensuring compliance with these Regulations and the Directive.
(2) An authorised officer shall be furnished with a warrant of his or her appointment and when exercising any power conferred on him or her under these Regulations an authorised officer shall, if requested by any person thereby affected, produce the warrant or a copy of it to that person for inspection.
(3) Subject to paragraph (7), an authorised officer may for the purpose of ensuring that these Regulations and the Directive are being complied with—
(a) at all reasonable times enter any premises or a place, at which there are reasonable grounds to believe that measuring instruments to which these Regulations apply, are or are likely to be found, made available on the market or placed on the market or that books, documents or records relating to such a measuring instrument are kept, and search and inspect the premises or place and any measuring instrument or books, documents or records found therein,
(b) secure for later inspection any premises or place or part of it in which such measuring instruments or books, documents or records are kept or there are reasonable grounds for believing that such measuring instruments or books, documents or records are kept,
(c) require any person in charge of or employed in such premises or place to produce to the officer such books, documents or records (and in the case of such information in a non-legible form to reproduce it in a permanent legible form) that are in the person’s power or control or to give to the officer such information as the officer may reasonably require in relation to any entries in such records,
(d) inspect, and take copies of or extracts from, any such books, documents or records (including in the case of information in non-legible form a copy of or extract from such information in a permanent legible form),
(e) remove and detain, where the officer has reasonable cause to suspect that there has been a contravention of these Regulations, the measuring instrument, device, part or component or books, documents or records for such period as may be reasonable for further examination or until the conclusion of any legal proceedings,
(f) in or at the premises, seize any equipment or part thereof or any books, records or other documents relating to equipment that the officer may reasonably require;
(g) as regards any measuring instrument or any article or device, part or component used in the manufacture of a measuring instrument the officer finds at or in a premises, require any person in charge of the premises, or any person who appears to the officer to be in possession of the measuring instrument or the article or device, part or component, to supply without payment, for test, examination or analysis sufficient samples thereof,
(h) require any person to afford the officer such facilities and assistance within the person’s control or responsibilities as are reasonably necessary to enable the officer to exercise any of the powers conferred on an authorised officer under this Regulation,
(i) examine any procedure connected with the manufacture, import or distribution of a measuring instrument, and
(j) request the person in charge of a vehicle or vessel to bring that vehicle or vessel to the nearest appropriate test facility at which an inspection may be carried out.
(4) An authorised officer shall not, other than with the consent of the occupier, enter a private dwelling unless he or she has obtained a warrant from the District Court under paragraph (7) authorising such entry.
(5) Where an authorised officer in the exercise of the officer’s powers under this Regulation is prevented from entering any premises, an application may be made to the District Court under paragraph (7) for a warrant authorising such entry.
(6) An authorised officer, where he or she considers it necessary, may be accompanied by a member of the Garda Síochána when performing any powers conferred on an authorised officer under this Regulation.
(7) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for suspecting that there is information required by an authorised officer under this Regulation held on any premises or any part of any premises or there is a measuring instrument or article, device, part or component of a measuring instrument which an authorised officer requires to inspect for the purposes of these Regulations or that such inspection is likely to disclose evidence of a contravention of these Regulations, the judge may issue a warrant authorising an authorised officer, accompanied by either or both authorised officers and members of the Garda Síochána, at any time or times within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter, if need be by reasonable force, the premises and exercise all or any of the powers conferred on an authorised officer under this Regulation.
(8) An application under paragraph (7) shall be made to the judge of the District Court in whose District Court district the premises is situated.
(9) A person shall not—
(a) obstruct or interfere with an authorised officer in the exercise of the officer’s powers under this Regulation,
(b) without reasonable excuse, fail to comply with a request or a requirement of an authorised officer under this Regulation, or
(c) make a statement to such officer which the person knows is false or misleading.
(10) A person appointed as an authorised officer under Regulation 14 of the Regulations of 2007 who immediately before the making of these Regulations held office as such an officer continues to be an authorised officer under this Regulation.
(11) In this Regulation, premises or a place includes a vehicle or vessel.
Measures entailing prohibition or restriction
35. (1) Where the Director takes a measure referred to in Regulation 30, 31, 32 (3), or 33, he or she shall follow the procedures set out in this Regulation.
(2) A measure referred to in paragraph (1) shall be notified without delay to the person concerned, and the notification shall—
(a) state the exact grounds on which the measure is based, and
(b) inform the person concerned of his or her right to make representations under paragraph (3) and of his or her right of appeal under Regulation 38, and
(c) explain the measures, and any time limits associated with them, that must be taken in order to remove the necessity for the prohibition or restriction.
(3) Subject to paragraph (4), a person concerned by a measure referred to in paragraph (1) shall have the opportunity to make representations to the Director in advance of the measure being taken.
(4) Where, due to the urgency of the measure referred to in paragraph (1), it is not possible to give the person concerned the opportunity to make representations in advance of the measure being taken, the Director shall give such opportunity, as soon as may be, thereafter.
(5) The Director may, where he or she considers it appropriate to do so, withdraw, or amend by a further notification in writing any notification given under this Regulation.
(6) Without prejudice to paragraph (5), the Director shall, where he or she is satisfied that the economic operator concerned has taken effective action, amend or withdraw the notice concerned.
(7) A notification under this Regulation may require that the measures concerned be undertaken—
(a) immediately, because of the urgency of the matter,
(b) from a specified date,
(c) by a specified date, or
(d) between specified dates.
(8) The Director shall cause the Commission to be notified of any relevant notification or other measures taken pursuant to paragraph (1).
(9) A person shall comply with a notification under this Regulation, or a requirement of a notification, unless and until the notification is annulled under Regulation 38 (6).
(10) Where a person fails to comply with a notification under this Regulation or a requirement of a notification, the Director may institute, in a court of competent jurisdiction, proceedings for an order requiring the person to comply with the terms of the notification.
Compliance notice
36. (1) Where an authorised officer is satisfied that a person has contravened Regulation 7, 10, 11, 12, 14 or 32, the authorised officer may serve a notice (in these Regulations referred to as a “compliance notice”) on the person.
(2) A compliance notice shall—
(a) state the grounds for the authorised officer being satisfied that there has been a contravention referred to in paragraph (1),
(b) for the purpose of ensuring compliance by the person concerned with any provision of these Regulations, require the person to do or refrain from doing such act or acts as is or are specified in the notice by such date as is so specified, and
(c) contain information regarding the bringing of an appeal under paragraph (5) against the notice, including the manner in which an appeal shall be brought.
(3) A compliance notice shall not specify a date in accordance with paragraph (2)(b) that falls on or before the date by which an appeal under paragraph (5) shall be brought.
(4) An authorised officer may—
(a) withdraw a compliance notice at any time, as he or she considers appropriate, or
(b) where no appeal is brought under this Regulation, specify a date extending the period specified in the notice for the purposes of paragraph (2)(b), and notify the person in writing accordingly.
(5) A person may appeal a compliance notice served on him or her to the District Court not later than 21 days after the service of the compliance notice concerned.
(6) The authorised officer and the appellant concerned shall be entitled to be heard and to adduce evidence at the hearing of an appeal under this Regulation.
(7) The District Court shall, upon an appeal under this Regulation, do one of the following:
(a) affirm the compliance notice concerned;
(b) direct the authorised officer to withdraw the compliance notice concerned.
(8) An authorised officer shall comply with a direction under paragraph (7).
(9) A person shall comply with a compliance notice on or before the specified date.
(10) This Regulation shall not operate to prevent or restrict—
(a) the entitlement of any person to bring proceedings for the purpose of securing compliance with these Regulations by a person, or
(b) the bringing or prosecuting of any proceedings for an offence under these Regulations.
(11) In this Regulation “specified date” means, in relation to a compliance notice—
(a) the date specified in the notice in accordance with paragraph (2)(b), where no appeal against the notice is brought under this Regulation, or
(b) the day falling immediately after the expiration of the period of 7 days from the date on which the District Court so affirms the notice, where an appeal against the notice is brought under paragraph (5) and the District Court affirms the notice in accordance with paragraph (7)(a).
Service of notifications
37. (1) Subject to paragraph (2), a notification under Regulation 30, 32, 33 or 36 shall be addressed to the person concerned by name and may be given to the person in one of the following ways—
(a) by delivering it to the person,
(b) by leaving it at the address at which the person carries on business or ordinarily resides or, in the case in which an address for service has been furnished, at that address, or
(c) by sending it by post in a prepaid registered letter to the address at which the person carries on business or ordinarily resides or, in a case in which an address for service has been furnished, to that address.
(2) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 (No. 38 of 2014) shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business.
Right of appeal against restriction or other measure
38. (1) A person aggrieved by a notification or other measure taken under Regulation 30, 32 (3), 33 or 35 may appeal to the appropriate court against the giving of the direction or taking of the measure.
(2) An appeal under this Regulation shall state the grounds on which the appeal is made and be made by written notice, which shall be lodged with the appropriate office of the court by the appellant not later than 14 days from the date upon which the notification concerned was given to him or her or the measure was taken.
(3) Where a person appeals a notice referred to in paragraph (1) he or she shall-
(a) give the Director a copy of the notice of appeal at the same time he or she lodges the notice of appeal in accordance with paragraph (2), and
(b) notify the Director in writing of the grounds of the appeal.
(4) The Director shall be entitled to appear, be heard and adduce evidence at the hearing of the appeal.
(5) Where an appeal is made under paragraph (1) the notification shall remain in force until the appeal is determined or withdrawn, subject to any decision to the contrary by the High Court.
(6) On the hearing of an appeal under this Regulation the appropriate court may, as it thinks fit, confirm the notification or measure concerned or annul the notification or measure and make any other such order as it considers appropriate.
(7) In this Regulation “appropriate court” means—
(a) in case the estimated value of the measuring instrument concerned does not exceed €15,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the District Court,
(b) in case the estimated value of the measuring instrument concerned does not exceed €75,000, or such other amount as may stand specified for the time being by law as that Court’s jurisdiction in tort, the Circuit Court, and
(c) in any case, the High Court.
(8) If, in relation to an appeal under this Regulation to the District Court, that court becomes of opinion during the hearing of the appeal that the value of the measuring instrument, the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the Circuit Court or the High Court, whichever it considers appropriate having regard to its opinion of the value of the measuring instrument.
(9) If, in relation to an appeal under this Regulation to the Circuit Court, that court becomes of opinion during the hearing of the appeal that the value of the measuring instrument, the subject of the appeal, exceeds that court’s jurisdiction in tort, it may, if it so thinks fit, transfer the appeal to the High Court.
(10) Paragraphs (8) and (9) are without prejudice to the jurisdiction of a court (being either the District Court or the Circuit Court) to determine an appeal under this Regulation in relation to which it was, at the time of the hearing of the appeal, the appropriate court.
(11) An appeal under this Regulation to the District Court shall be determined by the judge of the District Court for the District Court district in which the measuring instrument concerned was made available on the market or the appellant ordinarily resides.
(12) An appeal under this Regulation to the Circuit Court shall be determined by the judge of the Circuit Court for the circuit in which the measuring instrument concerned was made available on the market or the appellant ordinarily resides.
Offences
39. (1) A person who contravenes a provision or requirement of this Regulation or Regulation 4, 5, 6, 7, 8, 10(5),11, 12, 14(1), 14(2), 21, 30 (2), (7), (10), (11), 32(5), 33(2), 34 (9), 35 (9), 36 (9) or 40 commits an offence.
(2) A person who—
(a) forges or counterfeits the CE marking or supplementary metrology marking,
(b) applies to any measuring instrument a marking which he or she knows to be forged or counterfeit,
(c) knowingly, makes available, places on the market or puts into use any measuring instrument with such forged or counterfeit mark, or any mark liable to be confused with marks authorised under these Regulations, or
(d) fails to comply with Regulation 21,
commits an offence.
(3) A person who knowingly alters a measuring instrument, device, part or component of a measuring instrument so as to affect its accuracy, commits an offence.
(4) A person who knowingly makes available on the market, places on the market or puts into use any instrument so altered commits an offence.
(5) Without prejudice to paragraph (3) a person who alters, adjusts or repairs an instrument so as to bring it into conformity with the Regulations does not commit an offence.
(6) Where a person is convicted of an offence under these Regulations, the court may order the forfeiture to the Director of any measuring instrument to which the offence relates.
(7) Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Director.
(8) Unless it is satisfied that there are special and substantial reasons for not so doing, the court shall, where a person is convicted of an offence under these Regulations, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the prosecution of the offence.
Offence of providing false or misleading information
40. A person who provides to the Director information which the person knows or ought reasonably to know to be false or misleading (whether on the person’s own behalf or on behalf of another person) in purported compliance with a requirement imposed by these Regulations, commits an offence.
Penalties
41. A person convicted of an offence under these Regulations is liable—
(a) on summary conviction to a class B fine, or imprisonment for a term not exceeding 12 months, or to both, or
(b) on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 2 years or both.
Offences by bodies corporate
42. (1) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
Amendment of Water Services Act 2007
43. Section 5 of the Water Services Act 2007 (No. 30 of 2007) is amended by the substitution of the following paragraph for paragraph (a) :
“(a) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 20146 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast);”.
Amendment of Waste Management (Collection Permit) Regulations 2007
44. The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are amended in Article 20(2) by the substitution of the following paragraph for paragraph (g) (iii) (substituted by Regulation 2(n) of the Waste Management (Collection Permit) (Amendment) Regulations 2016 ( S.I. No. 24 of 2016 )):
“(iii) use an automatic weighing instrument that complies with the Metrology Act 1996 (No. 27 of 1996), Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017) and the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018 ( S.I. No. 2 of 2018 ) to weigh household kerbside waste in accordance with (I) and where the automatic weighing instrument is an automatic catchweigher it must be of accuracy Class Y(b) or better,”
Transitional — measuring instruments placed on market under Regulations of 2007
45. (1) Measuring instruments which are in conformity with the Regulations of 2007 and which were placed or made available on the market or put into use before the coming into operation of these Regulations may continue to be made available on the market and where in use may be inspected in service in accordance with the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ).
(2) Certificates issued under the Regulations of 2007 shall be valid under these Regulations.
(3) A measuring instrument which was placed on the market or put into use in accordance with a type approval certificate issued under the Legal Metrology (Type Approval) Regulations 2006 ( S I. No. 207 of 2006 ) shall continue to conform to the requirements of that certificate notwithstanding the termination of the certificate under the Regulations of 2007.
Revocations
46. The following are revoked:
(a) Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007 ( S.I. No. 160 of 2007 ), and
(b) Legal Metrology (European Conformity Assessment of Measuring Instruments) (Amendment) Regulations 2010 ( S.I. No. 543 of 2010 ).
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GIVEN under my Official Seal,
4 January 2018.
HEATHER HUMPHREYS,
Minister for Business Enterprise and Innovation.
EXPLANATORY NOTE
(This note is not part of the Regulations and does not purport to be a legal interpretation)
These Regulations give further effect to Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast), (amended by Commission Delegated Directive (EU) 2015/13 of 31 October 2014 amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters).
Articles 1 and 3 of Directive 2014/32/EU are transposed into Irish law by way of the Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017).
Directive 2014/32/EU (the Recast Measuring Instruments Directive) essentially aligns the existing Measuring Instruments Directive (2004/22/EC) with the New Legislative Framework.
The Regulations provide for the free movement within the Community of certain instruments and sets out essential requirements, which must be met for instruments intended for certain specified uses.
Part 1 of the Regulations contains definitions, application to the measuring instruments defined in the instrument-specific Annexes 111 to X11 referred to as the (“instrument-specific Annexes”); and an exemption from the requirements of the Regulations in relation to trade fairs, exhibitions and demonstrations.
Part 2 of the Regulations sets out the obligations of economic operators (manufacturers, importers and distributors) in relation to the marking and indication of regulated measuring instruments in the State, and, in particular to ensure that they meet the essential requirements applicable to those instruments.
Part 3 of the Regulations deals with the Conformity of Measuring Instruments. The Regulations provide that the essential requirements of the Directive may be met through the adoption by a manufacturer of the harmonised standards and/or appropriate normative documents, subject to the procedure stipulated in the Directive, containing technical specifications.
Part 4 of the Regulations provides for the appointment of a Notifying Authority and Notified Bodies to carry out the various functions such as type-approval, verification and quality system approval and sets out the obligations on manufacturers and the conditions under which they may issue a declaration of conformity and attach the CE mark and the Supplementary Metrology Mark, to instruments.
Part 5 of the Regulations deals with Union Market Surveillance, and Control of Measuring Instruments entering the Union Market and Union Safeguard Procedures for dealing with Measuring Instruments presenting a risk at national level.
Part 6 of the Regulations deals with Enforcement. The Regulations provide for an Appeals Procedure, market surveillance, powers of inspectors and authorised officers and penalties for Offences.
The Regulations amend:
Section 5 of the Water Services Act 2007 (No. 30 of 2007) and
Article 20(2) of the Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007).
The Regulations Revoke:
(a) Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007 ( S.I. No. 160 of 2007 ), and
(b) Legal Metrology (European Conformity Assessment of Measuring Instruments) (Amendment) Regulations 2010 ( S.I. No. 543 of 2010 ).
1 OJ No. L 96, 29.3.2014, p. 149.
2 OJ No. L 3, 7.1.2015, p. 42.
3 OJ No. L 96, 29.3.2014, p. 149.
4 OJ No. L 3, 7.1.2015, p. 42.
5 OJ No. L 218, 13.8.2008, p. 30.
6 OJ No.L 96, 29.3.2014, p.149.
S.I. No. 505/2019 –
Legal Metrology (Prescribed Instruments) Regulations 2019
“Iris Oifigiúil” of 15th October, 2019.
The Regulations
I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, in exercise of the powers conferred on me by sections 1 (4) and 3 (1) of the Metrology Act 1996 (No. 27 of 1996), hereby make the following regulations:
1. These Regulations may be cited as the Legal Metrology (Prescribed Instruments) Regulations 2019.
2. The use of a measuring instrument specified in column 1 of the Schedule to the Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017) is prescribed, for the purposes of the Metrology Act 1996 (No. 27 of 1996), for the measuring task specified in column 2 of that Schedule when used for the purpose prescribed and specified in column 3 of that Schedule.
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GIVEN under my Official Seal,
10 October, 2019.
HEATHER HUMPHREYS,
Minister for Business, Enterprise and Innovation.
S.I. No. 488/2021 –
Legal Metrology (Marks) Regulations 2021
I, MAIRÉAD BUCKLEY, Director of Legal Metrology, in exercise of the powers conferred on me by Sections 6 , 16 and 17 of the Metrology Act 1996 , hereby make the following regulations:
Citation and Commencement
1. (1) These Regulations may be cited as the Legal Metrology (Marks) Regulations 2021.
(2) These Regulations come into operation on 1 October 2021.
Interpretation
2. (1) In these Regulations —
‘Act’ means the Metrology Act 1996 (No. 27 of 1996);
‘authorised officer’ means an authorised officer within the meaning of the European Union (Non-Automatic Weighing Instruments) Regulations 2018 ( S.I. No. 47 of 2018 );
‘authorised person’ means—
(a) an authorised person within the meaning of the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ), or
(b) an authorised person within the meaning of Part 7 of the European Union (Non-Automatic Weighing Instruments) Regulations 2018 ( S.I. No. 47 of 2018 );
‘Directive 2014/32/EU’ means Directive 2014/32/EU of the European Parliament and the Council of 26 February 20141 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (amended by Commission Delegated Directive (EU) 2015/13 of 31 October 2014 amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters2 );
‘eight character identifier’ means an eight character alphanumeric code in a format to be determined by the Director;
‘personal identifier’ means a personal identification alphanumeric code assigned by the Director under Regulation 4;
‘special body’ means—
(a) a body authorised under Section 12 of the Act, or
(b) a special body within the meaning of the European Union (Non-Automatic Weighing Instruments) Regulations 2018 ( S.I. No. 47 of 2018 );
‘tamper-evident label’ means a paper label produced for the purposes of detecting when the label has been interfered with and on which information may be printed;
‘tamper-evident plastic seal’ means a plastic seal incorporating wire produced for the purposes of detecting when the seal has been interfered with and on which information may be printed;
‘2018 Regulations’ means the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018 ( S.I. No. 2 of 2018 ).
(2) Words and phrases not otherwise defined herein shall have the meanings assigned to them by the Act.
Application
3. These Regulations prescribe the form, design and related matters for stamps and marks to be used —
(a) to signify conformance or non-conformance of measuring instruments with applicable conformity assessment procedures prescribed by regulations made under the Act, other than any conformity assessment procedure leading to the affixation of the CE marking and the supplementary metrology to any measuring instrument under the 2018 Regulations or Directive 2014/32/EU,
(b) to signify conformance or non-conformance of measuring instruments in service in accordance with Part 7 of the European Union (Non-Automatic Weighing Instruments) Regulations 2018 ( S.I. No. 47 of 2018 ),
and
(c) to signify securing of instruments in accordance with Section 17 of the Act.
Identification of inspectors, authorised persons and authorised officers
4. A personal identification number, referred to as a personal identifier, shall be assigned by the Director to each inspector, authorised officer and authorised person according to geographic area, type of work undertaken, or other distinguishing criterion as the Director may deem fit.
Design of marks
5. (1) The design of the verification mark is set down in Figure 1 of the Schedule.
(2) The design of the non-conformity mark is set down in Figure 2 of the Schedule.
(3) The design of the obliteration mark is set down in Figure 3 of the Schedule.
(4) The design of the security mark is set down in Figure 4 of the Schedule.
Stamps – materials and form
6. (1) Stamps for the application of marks may take the form of —
(a) hard metal,
(b) tamper-evident labels, or
(c) tamper-evident plastic seals,
determined by the Director to be suitably durable and robust to apply the marks in foreseeable environmental and operating conditions in which measuring instruments are used.
Requirements for securing instruments
7. An instrument required to be secured in accordance with Section 17 of the Act shall be secured by means of —
(a) a seal comprising a soft lead disc through which wire is intertwined,
(b) a tamper-evident label, or
(c) a tamper-evident plastic seal,
which shall carry the security mark.
Records
8. The Director shall establish and maintain a record of stamps issued by the Director to each special body, inspector and authorised officer and stamps returned to the Director in accordance with Regulation 10.
Simultaneous application of marks
9. Nothing in these Regulations shall prohibit the application of the verification mark and the security mark by use of a single stamp.
Return of stamps
10. Special bodies, inspectors and authorised officers shall return to the Director stamps issued to them that are out of date or taken out of service.
Amendments
11. (1) The Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ) are amended in Regulation 2 —
(a) by the deletion of the definitions of ‘non-conformity mark’, ‘obliteration mark’, ‘security mark’ and ‘verification mark’.
(b) by the insertion of the following definitions:
“‘non-conformity mark’ means the non-conformity mark prescribed under the Legal Metrology (Marks) Regulations 2021 (insert S.I. number of these Regulations);
‘obliteration mark’ means the obliteration mark prescribed under the Legal Metrology (Marks) Regulations 2021 (insert S.I. number of these Regulations);
‘security mark’ means the security mark prescribed under the Legal Metrology (Marks) Regulations 2021 (insert S.I. number of these Regulations); and
‘verification mark’ means the verification mark prescribed under the Legal Metrology (Marks) Regulations 2021 (insert S.I. number of these Regulations).”
(2) The European Union (Non-Automatic Weighing Instruments) Regulations 2018 ( S.I. No. 47 of 2018 ) are amended in Regulation 45 –
(a) by the deletion of the definitions of “non-conformity mark”, “prescribed mark”, “security mark” and “verification mark”.
(b) by the insertion of the following definitions:
“‘non-conformity mark’ means the non-conformity mark prescribed under the Legal Metrology (Marks) Regulations 2021 (insert S.I. number of these Regulations);
‘prescribed mark’ means a mark prescribed under the Legal Metrology (Marks) Regulations 2021 (insert S.I. number of these Regulations);
‘security mark’ means the security mark prescribed under the Legal Metrology (Marks) Regulations 2021 (insert S.I. number of these Regulations); and
‘verification mark’ means the verification mark prescribed under the Legal Metrology (Marks) Regulations 2021 (insert S.I. number of these Regulations).”
Revocation and transition
12. (1) The Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 ) are revoked.
(2) Nothing in these Regulations shall invalidate the meaning or effect of marks or stamps provided for in the Legal Metrology (Marks) Regulations 2008 ( S.I. No. 296 of 2008 ) or the Weights and Measures (Stamps) Regulations 1958 ( S.I. No. 137 of 1958 ) which have been validly applied to instruments prior to the commencement of these Regulations.
SCHEDULE
Figure 1 – verification mark
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Accompanied by –
(i) the personal identifier of the inspector, authorised officer or authorised person and year of application (two or four digit), or
(ii) an eight character identifier.
Figure 2 – non-conformity mark
/images/en.si.2021.0488.0002.jpg
Accompanied by –
(i) the personal identifier of the inspector or authorised officer and year of application (two or four digit), or
(ii) an eight character identifier.
Figure 3 – obliteration mark
/images/en.si.2021.0488.0003.jpg
Accompanied by –
(i) the personal identifier of the inspector or authorised officer and year of application (two or four digit), or
(ii) an eight character identifier.
Figure 4 – security mark
/images/en.si.2021.0488.0004.jpg
Accompanied by –
(i) the personal identifier for the inspector, authorised officer or authorised person and year of application (two or four digit), or
(ii) an eight character identifier.
GIVEN under my hand,
24 September 2021
MAIRÉAD BUCKLEY,
Director of Legal Metrology.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation)
These Regulations revoke and replace and update existing Regulations relating to marks to be applied to measuring instruments to be used or in use for a prescribed purpose under the Act. The design features of the marks remain unchanged from the 2008 Regulations ( S.I. No. 296 of 2008 ) which are revoked and replaced.
The Regulations provide that stamps may be made from hard metal (to which marks may be embossed in relief or engraved), or specially produced tamper-evident paper labels or tamper-evident plastic seals onto which marks can be printed. New methods of control are established to ensure security and traceability for the issue and use of the printed stamps as has been practice for hard metal stamps. The requirements for acceptable sealing and securing arrangements are prescribed.
These Regulations come into effect on 1 October 2021.
1 OJ No. L 96, 29.3.2014, p.149
2 OJ No. L 3, 7.1.2015, p. 42
S.I. No. 584/2021 –
Legal Metrology (General) (Amendment) Regulations 2021
I, MAIRÉAD BUCKLEY, Director of Legal Metrology, in exercise of the powers conferred on me by Sections 14 , 15 , 16 and 17 of the Metrology Act 1996 , hereby make the following regulations:
Citation and Commencement
1. (1) These Regulations may be cited as the Legal Metrology (General) (Amendment) Regulations 2021.
(2) These Regulations come into operation on 9th of November.
Interpretation
2. In these Regulations —
‘Principal Regulations’ means the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ).
Amendment of Regulation 2 of the Principal Regulations
3. (1) Regulation 2(1) of the Principal Regulations is amended by the insertion of the following definitions:
“‘Directive 2014/32/EU’ means Directive 2014/32/EU of the European Parliament and the Council of 26 February 20141 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast) (amended by Commission Delegated Directive (EU) 2015/13 of 31 October 2014 amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters2 );
‘2017 Act’ means the Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017);
‘2018 Regulations’ means the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018 ( S.I. No. 2 of 2018 );
‘2019 Regulations’ means the Legal Metrology (Prescribed Instruments) Regulations 2019 ( S.I. No. 505 of 2019 );”.
Amendment of Regulation 3 of the Principal Regulations
4. Regulation 3 of the Principal Regulations is amended
(a) in paragraph (5)—
(i) by the substitution, in subparagraph (c), of “any measuring instrument,” for “any measuring instrument.”, and
(ii) by the insertion of the following subparagraph after subparagraph (c):
“(d) the 2018 Regulations.”,
(b) by the insertion of the following paragraphs after paragraph (5):
“(6) Subject to paragraph (5)(d) and paragraph (8) of this Regulation and subject to Regulation 4(2) of the 2018 Regulations, in the case of a measuring instrument specified in column 1 of the Schedule to the Legal Metrology (Measuring Instruments) Act 2017 (No 31 of 2017) in use for the measuring task for which that instrument is prescribed by Regulation 2 of the 2019 Regulations, the relevant conformity assessment procedures required to be carried out pursuant to the provisions of the 2018 Regulations and Directive 2014/32/EU are hereby prescribed, for the purposes of the Act, as the conformity assessment procedures for such measuring instrument.
(7) In the case of a measuring instrument referred to in paragraph (6), the marks signifying conformity with the conformity assessment procedures
(8) Nothing in these Regulations shall impede the making available on the market or putting into use of a measuring instrument for the purpose of legal metrological control where such measuring instrument complies with Directive 2014/32/EU.”.
Amendment of Regulation 8 of the Principal Regulations
5. Regulation 8 of the Principal Regulations is amended—
(a) in paragraph (1)—
(i) by the substitution, in subparagraph (d), of “Regulations 4, 5 or 9, or” for “Regulations 4, 5 or 9.”, and
(ii) by the insertion of the following subparagraph after subparagraph (d):
“(e) the CE marking and supplementary metrology marking according to the 2018 Regulations.”,
(b) in paragraph (2)(b)—
(i) by the substitution, in subparagraph iv., of “Directive 2004/22/EC, or” for “Directive 2004/22/EC;”
(ii) by the insertion, in subparagraph (b), of the following subparagraph after sub-paragraph iv.:
“v. EU type examination or EU design examination certificate granted by a notified body in accordance with Directive 2014/32/EU;”
Amendment of Regulation 9 of the Principal Regulations
6. Regulation 9 of the Principal Regulations is amended—
(a) in paragraph (a)—
(i) by the substitution, in subparagraph iv., of “Directive 2004/22/EC, or” for “Directive 2004/22/EC.”, and
(ii) by the insertion of the following subparagraph after subparagraph iv.:
“v. EU type examination or EU design approval examination certificate granted by a notified body in accordance with Directive 2014/32/EU,”
(b) in paragraph (b), by the substitution of “verification, and” for “verification.”.
Amendment of Regulation 20 of the Principal Regulations
7. Regulation 20(2) of the Principal Regulations is amended by the insertion of “or the 2018 Regulations” after “the 2007 Regulations”
Amendment of Regulation 22 of the Principal Regulations
8. Regulation 22 of the Principal Regulations is amended by the insertion of “or the 2018 Regulations” after “the 2007 Regulations”.
Amendment of Regulation 29 of the Principal Regulations
9. Regulation 29 of the Principal Regulations is amended by the insertion of “or essential requirement 7.6 of Annex I of Directive 2014/32/EU” after “the 2007 Regulations”.
Amendment of Regulation 32 of the Principal Regulations
10. Regulation 32(1) of the Principal Regulations is amended by the insertion of “or essential requirement 7.6 of Annex I of Directive 2014/32/EU” after “the 2007 Regulations”.
Amendment of Regulation 35 of the Principal Regulations
11. Regulation 35(1) of the Principal Regulations is amended by the insertion of “or essential requirement 7.6 of Annex I of Directive 2014/32/EU” after “the 2007 Regulations”.
Amendment of Regulation 39 of the Principal Regulations
12. Regulation 39(1) of the Principal Regulations is amended —
(a) by the substitution, in paragraph (b), of “the 2006 Regulations,” for “the 2006 Regulations, or”,
(b) by the substitution, in paragraph (c), of “2007 Regulations, or” for “2007 Regulations.”, and
(c) by the insertion of the following paragraph after paragraph (c):
“(d) the taximeter has been marked with the CE marking and the Supplementary metrology marking in accordance with the provisions of the 2018 Regulations.”.
Amendment of Regulation 68 of the Principal Regulations
13. Regulation 68 of the Principal Regulations is amended in paragraph (a) by the substitution of “Directive 22/2004/EC or” with “Directive 2004/22/EC or Directive 2014/32/EU or,”.
Amendment of Schedule 1 of the Principal Regulations
14. Point 11 of Schedule 1 is amended by the substitution of Table 11.1 by the following table –
regulation 49
Indication
Verification
Inspection
Nominal value
– 0
+ 5%
± 5%
GIVEN under my hand,
9 November 2021
MAIRÉAD BUCKLEY,
Director of Legal Metrology.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for inspection in use of instruments prescribed, for the purposes of the 1996 Act, for a measuring task by the Legal Metrology (Prescribed Instruments) Regulations 2019 ( S.I. No. 505 of 2019 ) which have undergone conformity assessment according to Directive 2014/32/EU and which are being used for the purpose of trade.
These Regulations come into force on 9th of November.
1 OJ No. L 96, 29.3.2014, p.149
2 OJ No. L 3, 7.1.2015, p. 42
S.I. No. 207/2006 –
Legal Metrology (Type Approval) Regulations 2006
S.I. No. 207 of 2006
entitled
Legal Metrology (Type Approval) Regulations 2006
I Patrick Farragher, Director of Legal Metrology, in exercise of the powers conferred on me by sections 14 and 16 of the Metrology Act 1996 hereby make the following regulations:
Citation
1 These Regulations may be cited as the Legal Metrology (Type Approval) Regulations 2006.
Interpretation
2 In these Regulations –
“Act” means the Metrology Act 1996 (No. 27 of 1996);
“competent authority of an EEA Member State” means an authority in an EEA Member State responsible for examination and evaluation of instruments in that state and which operates or applies systems which conform with the criteria of IS EN ISO 17025:2005 or an equivalent standard;
“EEA agreement” means the Agreement on the European Economic Area signed in Oporto on 2 May 1992 as adjusted by the protocol signed at Brussels on 17 March 1993;
“EEA Member State” means a State which is a contracting party to the EEA agreement;
“EEC initial verification marks” has the meaning given to it in Regulation 5 (1) of the European Communities (Measuring Instruments) Regulations 1973 ( S.I. No. 67 of 1973 );
“EEC pattern approval symbols” has the meaning given to it in Regulation 5(2) of the European Communities (Measuring Instruments) Regulations 1973;
“OIML” means the International Organisation for Legal Metrology (Organisation Internationale de Metrologie Legale) established by the Convention establishing an International Organisation for Legal Metrology, done at Paris on 12 October 1955.
Application
3 (1) Types of the following instruments, when they are intended to be used for the purpose of trade, are subject to the conformity assessment procedures to which these Regulations refer:
(a) measuring systems incorporating a flowmeter measuring volume of milk or liquid fuel;
(b) measuring systems incorporating a mass flowmeter for measuring liquid dairy products;
(c) automatic catchweighing instruments including checkweighers, weigh price labellers and price labellers;
(d) continuous totalising weighing instruments;
(e) discontinuous totalising weighing instruments;
(f) automatic gravimetric filling instruments;
(g) taximeter systems;
(h) intoxicating liquor dispensers.
(2) Notwithstanding paragraph (1), instruments referred to in that paragraph that bear an EEC pattern approval symbol or an EEC initial verification mark are not subject to the conformity procedures to which these Regulations refer.
(3) The conformity assessment procedures set out in these Regulations relate to type approval of instruments with regard to the metrological and technical aspects of the instruments when used for the purpose of trade only and do not necessarily comprise procedures or requirements that may be necessary to test other aspects of the fitness for purpose of such instrument types generally.
(4) The grant of a certificate of approval under these Regulations in respect of any instrument is without prejudice to any requirement to obtain any other certification or approval before the instrument in question may be used marketed or sold.
Approval procedures
4 (1) (a) Where a manufacturer of an instrument intends that it shall be used for the purpose of trade, he she or his or her agent shall apply to the Director for type approval of the instrument.
(b) Before the Director grants type approval of an instrument he or she shall be satisfied, having regard to-
(i) its principles and features of operation,
(ii) its materials of construction, and
(iii) any other matter that the Director considers appropriate,
that it does not facilitate fraud and that it is fit for the purpose for which it is intended.
(c) In carrying out the examination required for type approval of an instrument, the Director shall have regard, where applicable, to European Standards containing performance requirements for the instrument concerned or Recommendations issued by OIML or both of them if appropriate.
(2) The manufacturer or his agent shall make the application referred to at paragraph (1) in writing and shall provide such documents, information or assistance as the Director, or any person authorised by him or her in that regard, requires.
(3) Before the Director grants type approval of an instrument, he or she shall be satisfied that an instrument, in relation to which an application is made, shall conform to the maximum permissible errors specified in the Schedule.
(4) (a) Where, following the examination and evaluation required for the purposes of type approval, the Director is satisfied that the instrument does not facilitate fraud, is fit for the purpose for which it is intended and conforms to the maximum permissible errors specified in the Schedule, he or she shall –
(i) grant a certificate of approval, or
(ii) in respect of an application to which paragraph (12 refers, amend an existing certificate of approval, which certificate shall bear a unique number or other reference in relation to the instrument to which the application refers.
(b) A certificate to which subparagraph (a) refers may be granted or amended, as the case may be, subject to such conditions or for such a period as the Director considers appropriate.
(5) (a) Where, following the examination and evaluation for the purposes of type approval the Director is not satisfied that the instrument does not facilitate fraud, is fit for the purpose for which it is intended, or conforms to the maximum permissible errors specified in the Schedule he or she shall notify the applicant of his or her intention to refuse to grant a certificate of approval and the reasons for it and shall give the applicant a period of not less than 21 days in which to make further submissions and representations to him or to withdraw the application.
(b) If the applicant does not make the submissions and representations within 21 days of receiving the notification the application shall be taken to have been withdrawn.
(6) Where an instrument has already been certified by the competent authority of an EEA Member State the Director shall recognise test results and reports issued or taken into account by that authority in the course of its metrological examination of the instrument and shall not require the production of any other test results or reports for the purpose of considering the performance and fitness for purpose of the instrument in question.
(7) Every certificate of approval which was granted by the Director in respect of an instrument after the establishment day and before these Regulations come into operation (including any modification made during that period to a certificate granted immediately before the establishment date and to which section 14 (3) of the Act applies) shall be taken to be and be treated for all purposes as if it were a certificate granted under paragraph (4) and shall continue to be valid for a period of 10 years from the date of its grant or until the date of the expiry of the period of validity specified in the certificate, whichever is the earlier, unless revoked by the Director prior to the expiry of that period.
(8) Where no period of validity is mentioned in a certificate granted under paragraph (4), that certificate shall be valid for a period of 10 years from the date of its grant, unless revoked by the Director prior to the expiry of that period.
(9) Where, at any time following the grant of a certificate, which is granted or taken to be granted under paragraph (4), or the validity of which is continued by section 14(3) of the Act, the Director ceases to be satisfied as to the matters which led him or her to decide to grant a certificate of approval in respect of the instrument, the Director may following consultation with such persons as he thinks fit, revoke the certificate.
(10) (a) Where the Director intends to revoke a certificate of approval for an instrument, he or she shall notify the holder of the certificate of his or her intention and the reasons for it and shall give the holder a period of not less than 21 days to make further submissions or representations to him on the intended revocation
(b) When the Director revokes a certificate, a notice to that effect shall be drawn up and published by the Director.
(11) Nothing in paragraph (9) and (10) shall require the taking out of use of an instrument in use at the time of the revocation of a certificate that applies to the instrument unless the Director has determined that it should be taken out of service and so directs in the notice of revocation.
(12) Where a modification or non-technical change is made to an instrument in respect of which a certificate has been granted or taken to have been granted under paragraph (4), or the validity of which is continued by section 14 (3) of the Act, the manufacturer or his or her agent shall apply to the Director for type approval of the instrument as so modified or changed and these Regulations shall apply to that application as appropriate.
(13) Provided that he or she remains satisfied as to the matters that led him or her to decide to grant a certificate of approval in respect of an instrument, the Director may renew a certificate granted or taken to be granted under paragraph (4) for such further period, to run from the expiry of the certificate as he or she considers appropriate, upon request for that purpose made in writing by the manufacturer or his agent, subject to the provisions of paragraphs (4) and (8).
(14) An instrument of a type which is the subject of a certificate granted or taken to be granted under paragraph (4) shall be marked in accordance with the conditions and requirements of the certificate and so as to identify it with the type to which the certificate relates.
(15) Any reference in this Regulation to a certificate includes, where the context admits, a reference to an amended certificate.
Schedule
Regulation 4 (3)
Maximum permissible errors allowed on type approval
(1) For measuring systems incorporating a flowmeter measuring volume for milk or liquid fuel the errors relating to type approval as specified in OIML Recommendation R 117, edition 1995 apply.
(2) For measuring systems incorporating a mass flowmeter for the measurement of liquid dairy products the errors relating to type approval as specified in OIML Recommendation R 105, edition 1993 apply.
(3) For automatic catchweighing instruments including checkweighers, weigh price labellers and price labellers the errors relating to type approval as specified in OIML Recommendation R 51-1, edition 1996 apply.
(4) For continuous totalising weighing instruments the errors relating to type approval as specified in OIML Recommendation 50-1, edition 2004 apply.
(5) For discontinuous totalising weighing instruments the errors relating to type approval as specified in OIML Recommendation 107-1, edition 1997 apply.
(6) For automatic gravimetric filling instruments the errors relating to type approval as specified in OIML Recommendation R 61-1, edition 2004 apply.
(7) For taximeter systems the errors relating to type approval as specified in I.S. EN 50148: 1996 apply.
(8) For intoxicating liquor dispensers an overall error of 0 to 5% in excess applies.
Given under my hand
__24__ _____April_______2006
__________Pat Farragher________
Director of Legal Metrology
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations are made under sections 14 and 16 of the Metrology Act 1996 (No. 27 of 1996). Section 14 provides for conformity assessment procedures to be prescribed by the Director of Legal Metrology for instruments used in trade. These Regulations confirm and restate in a single statutory source the procedures for granting of type approval for measuring instruments comprising examination and evaluation of an instrument-type and the granting of a certificate for its use on the Irish market (Regulation 4). Section 16 provides that Regulations may be made by the Director for marking of instruments (Regulation 4(14)).
Recognition is also given to equivalent procedures operated by other EEA Member States for the control of the same categories of measuring instruments (Regulation 3(3)). The rules followed in the assessment are those established in internationally agreed documents, i.e. Recommendations of the International Organisation of Legal Metrology (OIML) or European Standards, where applicable Regulation 4(1) and Schedule.
The Regulations come into effect on 26 April 2006.