S.I. No. 160/2007 - Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007.
"Iris Oifigiúil" of 24th April, 2007.
1. These Regulations may be cited as the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007, and shall come into operation on the making thereof.
'sub-assembly' has the same meaning as in Article 4 of the Directive.
3. (1) Subject to paragraphs (2), (3) and (4), Regulation 6 of these Regulations applies to the placing on the market and putting into use in the State of every measuring instrument in each category referred to in column 1 of the table in Schedule I that is intended for a prescribed use.
(3) Nothing in these Regulations shall prevent the showing of any measuring instrument of a category referred to in Article 1 of the Directive which does not conform to the requirements of these Regulations at a fair, exhibition, demonstration, or similar event, provided that a visible sign is affixed to, or placed next to such measuring instrument, which sign indicates clearly that the measuring instrument is not available for placing on the market or putting into use until it conforms with these Regulations.
(4) The provisions of the European Communities (Electromagnetic Compatibility) Regulations 1998 ( S.I. No. 22 of 1998 ) shall not apply to requirements for electromagnetic immunity in respect of any measuring instrument of a category referred to in Article 1 of the Directive and the requirements for electromagnetic immunity specified by the Directive for such measuring instruments shall apply. The provisions of the European Communities (Electromagnetic Compatibility) Regulations 1998 shall be unaffected by these Regulations in so far as those provisions set out requirements in respect of electromagnetic emissions of measuring instruments to which these Regulations or the Directive apply.
(5) The provisions of paragraphs (1), (2), (3), (4), (5), (6) and (13) of Regulation 4 of the Legal Metrology (Type Approval) Regulations 2006 ( S.I. No. 207 of 2006 ) shall not apply on and from 30 October 2006 to any measuring instrument to which these Regulations apply. For the avoidance of doubt, nothing in this Regulation shall prevent the application of the provisions of paragraphs (7), (8), (9), (10), (11), (12), (14) and (15) of Regulation 4 of the Legal Metrology (Type Approval) Regulations 2006 on and from 30 October 2006 to a type approval given under those Regulations before 30 October 2006 in respect of any measuring instrument to which these Regulations apply, or shall prejudice the validity or effectiveness of any certificate granted or deemed granted under those Regulations before 30 October 2006.
(6) The provisions of paragraph (5) shall not operate so as to prevent the making and determination of any application under paragraph (12) of the Legal Metrology (Type Approval) Regulations 2006 ( S.I. No. 207 of 2006 ) on or after 30 October 2006.
(7) Save where inconsistent with the provisions of these Regulations or the Directive, the provisions of the Act and of any regulations (other than these Regulations) made thereunder which relate to control of any instrument (within the meaning of section 2(1) of the Act) which is in service shall apply to a measuring instrument in a category referred to in column 1 of the table in Schedule I (which is not anyway an instrument) as if such measuring instrument were an instrument.
4. (1) Where instrument-specific provisions lay down essential requirements for sub-assemblies, these Regulations apply to such sub-assemblies as if such sub-assemblies were measuring instruments.
(2) Sub-assemblies and measuring instruments may, at the option of the manufacturer, be assessed together or independently and separately for the purpose of establishing their conformity with the requirements of these Regulations and of any relevant instrument-specific provisions.
5. (1) The enactments referred to in Part A of Schedule II are repealed. Each of the enactments referred to in column 1 of the table in Part B of Schedule II is repealed to the extent indicated in column 2 of that table.
(2) Nothing in the repeals effected by paragraph (1) shall affect the validity of anything done under, or under any power conferred by, any enactment referred to in Schedule II before the repeal of that enactment.
6. (1) A measuring instrument in a category referred to in column 1 of the table in Schedule I which is intended for a prescribed use shall meet the essential requirements laid down in Schedule III and those essential requirements identified in column 2 of the table in Schedule I opposite the reference to that category of measuring instruments in column 1 of that table.
(2) The conformity of a measuring instrument referred to in paragraph (1) with the relevant essential requirements referred to in paragraph (1) shall be assessed in accordance with Regulation 7.
(3) A manufacturer may choose to use any technical solution that complies with the essential requirements referred to in paragraph (1).
which relate to the measuring instrument concerned.
7. (1) The conformity assessment of a measuring instrument referred to in Regulation 6(1) with the relevant essential requirements shall be carried out by the application, at the choice of the manufacturer, of one of the conformity assessment procedures in the relevant instrument-specific provisions, (which shall include all of the modules making up any relevant conformity assessment procedure).
(2) Where the conformity assessment procedure requires that the manufacture shall provide, where appropriate, technical documentation for specific measuring instruments, or groups of measuring instruments, that technical documentation shall include the materials and information set out in Schedule IV. If so requested by a notified body, the manufacturer shall provide translations of the technical documentation into the Irish or English language.
8. (1) A measuring instrument referred to in Regulation 6(1) shall be presumed to conform with the essential requirements referred to in Regulation 6(1) if it complies fully with those elements of the relevant national standards or with those elements of the normative documents which correspond to the relevant essential requirements.
(2) Where a measuring instrument referred to in Regulation 6(1) complies only in part with those elements of the relevant national standards or with those elements of the normative documents referred to in paragraph (1), it shall be presumed to conform with the essential requirements referred to in Regulation 6(1) which correspond to the elements of the relevant national standards or the elements of the normative documents with which the measuring instrument complies.
(3) Every notified body referred to in Regulation 12 that meets the criteria laid down in relevant national standards shall be presumed to meet the corresponding criteria specified in Schedule V.
(4) The Minister shall publish the reference to any relevant national standard and the reference to any relevant normative document to which paragraph (1) relates in Iris Oifigiúil.
which correspond to those essential requirements referred to in Regulation 6(1) and if the test results from the test programme undertaken ensure compliance with the essential requirements referred to in Regulation 6(1).
(c) authorise or empower the refusal to authorise or permit, the placing on the market and/or putting into use of a measuring instrument of a category referred to in Article 1 of the Directive that properly bears the markings referred to in Regulation 10.
(2) Any measuring instrument to which these Regulations apply, that does not meet the requirements specified in these Regulations for the measuring instrument in question, may be seized by or on behalf of the Director and retained by the person seizing it, or may be taken out of use by sealing off the controls of the measuring instrument or by sealing off any premises, vehicle or vessel, or any part of any premises, vehicle or vessel, in which the measuring instrument is found, subject to any direction of any court in that regard.
10. (1) Application of the CE marking and the supplementary metrology marking specified in Regulation 11 shall indicate, in the case of prescribed instruments, conformity with Regulation 6(1).
(2) Any CE marking and supplementary metrology marking shall be affixed by, or under the responsibility of, the manufacturer. These markings may be affixed to the measuring instrument during the fabrication process, if justified.
(3) Any other marking may be affixed on or to a measuring instrument, provided that the visibility and legibility of the CE marking and the supplementary metrology marking is not thereby reduced, and provided that the affixing of any such marking shall not be likely to deceive third parties as to the meaning and/or form of the CE marking or the supplementary metrology marking.
11. (1) The CE marking referred to in Regulation 10 consists of the symbol 'CE' according to the design laid down in paragraph I.B (d) of the Annex to Council Decision 93/465/EEC (OJ No. L220/23 of 30 August 1993). The CE marking shall be at least 5 millimetres high.
(2) The supplementary metrology marking consists of the capital letter 'M' and the last two digits of the year of its affixing, surrounded by a rectangle. The height of the rectangle shall be equal to the height of the CE marking. The supplementary metrology marking shall immediately follow the CE marking.
(3) The identification number of the notified body concerned referred to in Regulation 12, if prescribed by the conformity assessment procedure, shall follow the CE marking and supplementary metrology marking.
(4) When a measuring instrument consists of a set of devices, not being sub-assemblies, operating together, the markings shall be affixed on the measuring instrument's main device.
(5) When a measuring instrument is too small or too sensitive to carry the CE marking and supplementary metrology marking, the markings shall be carried by the packaging, if any, and by the accompanying documents required by the Directive or these Regulations.
(6) The 'CE' marking and supplementary metrology marking shall be indelible. The identification number of the notified body concerned shall be indelible or self-destructive upon removal. All markings shall be clearly visible or easily accessible.
12. (1) A natural or legal person with a place of establishment, or providing services, in the State may be designated by the Minister for the purposes of Article 11 of the Directive as a notified body to perform tasks pertaining to the conformity assessment modules referred to in paragraph (1) of Regulation 7, for any one or more measuring instrument category referred to in Article 1 of the Directive, provided that such person conforms to the requirements set out in Schedule V, and subject to any other limitation contained in any such designation.
(2) The Minister shall notify the Commission and the other Member States of any designation given under paragraph (1) and shall notify the other Member States of the identification number assigned by the Commission to the notified body concerned in accordance with Article 11(4) of the Directive. Any notification of a designation shall indicate, where relevant, the measuring instrument accuracy classes, the measuring range, the measurement technology and any other instrument characteristic limiting the scope of the notification in respect of the notified body.
(d) any other document required of any notified body by the Legal Metrology Service in connection with the performance by the Legal Metrology Service of any responsibility imposed upon it by these Regulations.
(4) From time to time, the Minister shall carry out, or arrange to have carried out, an assessment of the performance of every notified body whose designation has been notified in accordance with paragraph (2) to ensure that the notified body continues to meet the criteria set out in Schedule V. A notified body shall produce promptly to the Minister such documents, records and information as the Minister may require for the purpose of any such assessment.
(5) If, following the assessment carried out in accordance with paragraph (4), the Minister is of the opinion that a notified body no longer conforms to the requirements of Schedule V, the Minister shall, subject to the provisions of these Regulations, revoke the designation given under paragraph (1) and shall withdraw every notification given to the Commission and the other Member States in respect of that notified body.
(6) The Minister shall not incur any liability for any act or default in the discharge or purported discharge, or performance by a notified body of any of the tasks pertaining to the conformity assessment procedures referred to in paragraph (1) of Regulation 7.
13. (1) Where a measuring instrument is subject to the provisions of any enactment (other than these Regulations) which gives effect to a directive other than the Directive which provisions require the affixing of the CE marking, the marking shall indicate that the measuring instrument in question is also presumed to conform to the requirements of that other directive or those other directives. In such a case, the publication reference of the other directive or directives, in the Official Journal of the European Union, must be given in the documents, notices or instructions required by the provisions of such enactment and accompanying the measuring instrument.
(2) Nothing in these Regulations shall remove any obligation in relation to the marking of any measuring instrument imposed by any enactment other than these Regulations (including any enactment giving effect to a directive other than the Directive).
(b) subject to paragraph (4), require any authorised officer to perform such tasks relating to these Regulations or to market surveillance specified by the Director for any category or categories of measuring instrument either exclusively, or in conjunction with any other duties performed by that person.
(2) Every person appointed under paragraph (1) to be an authorised officer shall be furnished with a certificate by the Director of his or her appointment.
(3) The Director may, at any time, revoke an appointment under paragraph (1), and, in such case, the person whose appointment is so revoked shall promptly surrender to the Director the certificate furnished under paragraph (2).
(4) The Director shall not require any authorised officer to carry out tasks relating to market surveillance for any category or categories of measuring instrument where, in the opinion of the Director, there would be a risk, or a substantial risk of, a conflict between such requirement and the performance of the other duties of that person, including without limitation, duties relating to any activity undertaken by a notified body.
(5) Market surveillance shall be carried out for the purpose of ensuring that measuring instruments that breach any requirement of these Regulations are neither placed on the market nor put into use.
(j) in the case of any vehicle or vessel, request the owner or operator thereof to bring the vehicle or vessel to the nearest location at which appropriate test facilities are available and at which an examination or test may be carried out.
(7) When exercising any powers conferred on him or her by section 10 of the Act, an inspector who is an authorised officer may exercise any power conferred on him or her by these Regulations.
(8) When exercising any powers conferred on him or her by these Regulations, an authorised officer who is an inspector may exercise any power conferred on him or her by section 10 of the Act.
(9) An authorised officer who takes away a measuring instrument pursuant to paragraph (6) shall notify forthwith, and issue a receipt to, the person on whose premises the measuring instrument is taken, or that person's authorised representative, indicating that the measuring instrument is taken in pursuance of these Regulations.
(b) any such books, documents or records referred to in paragraph (6)(h) of this Regulation which the authorised officer reasonably believes may be required as evidence in any proceedings.
(11) An authorised officer may, if the Director considers it necessary, be accompanied by a member of An Garda Síochána when exercising any powers conferred on an authorised officer by these Regulations.
15. (1) Where an authorised officer suspects that it is probable that all or part of each of two or more measuring instruments of the same category and a particular model bearing the markings referred to in Regulation 11 do not meet the essential requirements relating to metrological performance imposed by these Regulations on a measuring instrument intended for a prescribed use or set out in the Directive for measuring instruments that are not referred to in column 1 of the table in Schedule 1, when correctly installed and used in accordance with the manufacturer's instructions, he or she shall notify the Director.
(2) Where an authorised officer suspects that the CE marking or the supplementary metrology marking has been affixed unduly on or to a measuring instrument he or she shall notify the Director.
(3) The Director shall request the manufacturer or the manufacturer's authorised representative to make submissions to him or her on any notification made to him or her under paragraph (1) or paragraph (2), and may invite any other person or body (including any notified body) that he considers may have an interest in the matter to make submissions to him. In considering each such notification, the Director shall have regard to any report provided by the authorised officer and to any other information or documents which the Director considers relevant, and may consult with any person or body whom he or she considers appropriate.
(4) The Director shall consider every notification made to him or her under paragraph (1) for the purpose of forming an opinion on whether all or part of the measuring instruments of the category and model concerned bearing the markings referred to in Regulation 11 do not meet the essential requirements imposed by these Regulations or set out in the Directive as applicable, when correctly installed and used in accordance with the manufacturer's instructions. The Director shall, in considering such notification, have regard to whether it appears such non-compliance (if found) is systematic or incidental.
provide a report to the Minister which sets out his or her opinion, and which also includes: (a) a statement of the exact grounds upon which that opinion was formed, (b) an opinion as to whether such non-compliance is systematic or incidental and the exact grounds upon which that opinion was formed and (c) a recommendation as to the action to be taken by the Minister.
The Director shall provide a copy of such report to the manufacturer of the measuring instrument or the manufacturer's authorised representative.
and that person shall comply with the direction.
(7) Where in the opinion of the Director, a person has persisted in failing to comply with a direction given under paragraph (6), the Director shall provide a report to the Minister which sets out his or her opinion, and which also includes: (a) a statement of the exact grounds upon which that opinion was formed, and (b) a recommendation as to the action to be taken by the Minister.
(8) A person aggrieved by a direction given to him, her or it under paragraph (6) may appeal that direction to the Minister pursuant to the procedure prescribed in Regulation 20 by notice of appeal in writing sent to the Minister and copied to the Director within fourteen days of the giving to that person of notice of the direction.
(9) The Director may withdraw a direction given by him or her under paragraph (6).
(c) the Minister may provide a copy of the direction (and any other information or document he or she considers appropriate in the circumstances) to any competent authority or notified body of any Member State.
(2) Any direction given under paragraph (1) shall state whether the non-compliance to which the direction relates is systematic or incidental.
(3) Where the Minister gives a direction under paragraph (1), which contains a statement that states the non-compliance to which the direction relates is systematic, he or she shall immediately inform the Commission and provide the Commission with a copy of the direction, which includes the exact grounds upon which the direction is given.
(4) A person aggrieved by a direction given to him, her or it under paragraph (1) may appeal that direction to the Minister pursuant to the procedure prescribed in Regulation 20 by notice of appeal in writing sent to the Minister within fourteen days of the giving to that person of notice of the direction. Any direction given under paragraph (1) shall contain a statement to that effect.
(5) The requirement to comply with any direction given by the Minister under paragraph (1) which contains a statement that the non-compliance to which the direction relates is systematic may be suspended by the Minister pending receipt of the Commission's findings in accordance with Article 19(2) of the Directive.
(6) The Minister may withdraw a direction given by him or her under paragraph (1).
(7) When the Commission has issued its findings in accordance with Article 19 of the Directive in connection with any matter of which he or she has informed the Commission under this Regulation, the Minister shall take such steps as are appropriate having regard to such findings pursuant to his or her powers under these Regulations or under the Act.
(b) take such other action, as he or she considers appropriate to restrict or prohibit the placing on the market of the measuring instrument in question or to ensure that it is withdrawn from the market or that its further use is restricted or prohibited.
18 (1) The Legal Metrology Service shall be the competent authority in the State responsible for the functions identified in Article 18(2) and Article 18(3) of the Directive, and such functions shall be performed by the Director, who may require any person for the time being assigned to or working in the Legal Metrology Service to perform any tasks relating to such functions.
(c) make available to each notified body referred to in Regulation 12(1) such information relating to EC type-examination and design-examination certificates and quality system approvals, as it considers necessary.
he or she shall in such case inform the person or body who would be the addressee of such revocation or direction of that intention and the reasons therefor and shall afford the person or body concerned a period of not less than twenty-one days to make further submissions or representations to him or her on the intended revocation or direction.
(1) Any decision taken resulting in a restriction being imposed on the placing on the market or putting into service of an instrument shall be notified to the person concerned, stating the exact grounds for the decision and confirming the right to appeal against the decision under paragraph (2) and the time limit for bringing such an appeal.
(2) Any person aggrieved by a decision under paragraph (1) may, by notice in writing given to the Minister not later than 14 days after receipt by that person of notice of that decision, appeal to the Minister against the decision and the Minister, having considered any submission made to him or her by the person and any other interested parties and the report of any inquiry held under paragraph (3) in relation to the appeal or of any assessor appointed under paragraph (4) in relation thereto, may uphold, vary or reverse the decision under appeal.
(3) The Minister may appoint an officer to hold an inquiry in connection with an appeal under this Regulation and to report to the Minister on the findings and result of the inquiry. Such officer shall not have had any involvement in the preparation of the decision under appeal or in advising the Minister in respect of same.
(4) The Minister may appoint an assessor to assist him or her and to make a report to him or her in relation to an appeal under this Regulation or to assist an officer of the Minister in relation to an inquiry being held by the Minister under paragraph (2). An assessor shall not have had any involvement in the preparation of the decision under appeal or in advising the Minister in respect of same.
(5) A copy of the recommendations of any report submitted to the Minister pursuant to paragraphs (3) or (4) shall, on request, be made available to the person who has brought the appeal before the Minister and the Minister shall consider any submission made by that person in respect of such recommendations provided any such submission is submitted within a period to be fixed by the Minister on a case-by-case basis, which shall not be less that 14 days after the notification of the recommendation to the person concerned.
(6) Any person aggrieved by a decision of the Minister under these Regulations may appeal to the High Court against the decision and the court may vary, annul or confirm the decision.
21. (1) Any person who places on the market or causes to be placed on the market (including, for the avoidance of doubt, any person who causes to be offered for sale, whether by lease, rental or other type of agreement), or puts into use or causes to be put into use, any measuring instrument to which Regulation 6(1) applies, that does not meet the requirements specified in the said Regulation 6(1) for the measuring instrument in question, shall be guilty of an offence.
(2) Any person who places on the market or causes to be placed on the market (including, for the avoidance of doubt, any person who causes to be offered for sale, whether by lease, rental or other type of agreement), or puts into use or causes to be put into use, any measuring instrument to which Regulation 6(1) applies, that does not bear the markings referred to in Regulation 10(1), shall be guilty of an offence.
(3) Any person who purports to affix or causes to be affixed the CE marking or the supplementary metrology marking to a measuring instrument that does not comply with the requirements of these Regulations or the Directive, as applicable, shall be guilty of an offence.
(4) Any person who affixes a marking on or to a measuring instrument that is likely to deceive a third party as to the meaning and/or form of the CE marking, or the supplementary metrology, marking shall be guilty of an offence.
(5) Any person who affixes a CE marking in contravention of Regulation 10 shall be guilty of an offence.
(7) Where a person fails to comply with a direction given under Regulation 16, for the time being in force, he or she shall be guilty of an offence.
22. (1) A person guilty of an offence under these Regulations shall be liable, on summary conviction, to a fine not exceeding €3,000 or in the case of an individual, to imprisonment for a term not exceeding twelve months or to both such fine and such imprisonment.
(c) orders directing the person controlling that measuring instrument to take steps specified by the court in relation to that measuring instrument.
(3) Where the commission by any person of an offence under these Regulations, is due to the act or default of some other person, that other person shall also be guilty of the offence and may be charged with and convicted of the offence, whether or not proceedings are taken against the first-mentioned person.
(4) Where an offence, committed by a body corporate, is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of the offence.
(5) Where the affairs of a body corporate are managed by its members, paragraph (4) shall apply in relation to the acts and defaults of a member or an officer of the body in question in connection with responsibilities or functions of management conferred on him or her.
(b) at any time within 6 months from the date on which evidence sufficient in the opinion of the Director to justify initiating the proceedings, comes to the Director's knowledge, not being later than 5 years from the date on which the offence concerned was committed.
23. Where any measuring instrument is seized and detained under these Regulations, any person aggrieved by such seizure and detention may appeal to a Judge of the District Court under this Regulation as if section 30 of the Act applied to a seizure and detention under these Regulations as it applies to a seizure and detention under section 10(4) of the Act.
A measuring instrument shall provide a high level of metrological protection in order that any party affected can have confidence in the result of measurement, and shall be designed and manufactured to a high level of quality in respect of the measurement technology and security of the measurement data.
The requirements that shall be met by measuring instruments are set out below and are supplemented, where appropriate, by specific instrument requirements listed in Schedule I that provide more detail on certain aspects of the general requirements.
The solutions adopted in the pursuit of the requirements shall take account of the intended use of the instrument and any foreseeable misuse thereof.
'climatic environments' mean the conditions in which measuring instruments may be used. To cope with climatic differences between the Member States, a range of temperature limits has been defined.
— all the parties in the transaction accept the measurement result at that time and place.
'utility' is regarded as a supplier of electricity, gas, heat or water.
1. 1. Under rated operating conditions and in the absence of a disturbance, the error of measurement shall not exceed the maximum permissible error (MPE) value as laid down in the appropriate instrument-specific requirements.
Unless stated otherwise in the instrument-specific requirements, MPE is expressed as a bilateral value of the deviation from the true measurement value.
1. 2. Under rated operating conditions and in the presence of a disturbance, the performance requirement shall be as laid down in the appropriate instrument-specific requirements.
Where the measuring instrument is intended to be used in a specified permanent continuous electromagnetic field the permitted performance during the radiated electromagnetic field amplitude modulated test shall be within MPE.
1. 3. The manufacturer shall specify the climatic, mechanical and electromagnetic environments in which the measuring instrument is intended to be used, power supply and other influence quantities likely to affect its accuracy, taking account of the requirements laid down in the appropriate instrument-specific requirements.
The manufacturer shall specify the upper temperature limit and the lower temperature limit from any of the values in Table 1 unless otherwise specified in the instrument-specific requirements, and indicate whether the measuring instrument is designed for condensing or non-condensing humidity as well as the intended location for the measuring instrument, i.e. open or closed.
1. 3.2. (a) Mechanical environments are classified into classes M1 to M3 as described below.
M1 This class applies to measuring instruments used in locations with vibration and shocks of low significance, e.g. for measuring instruments fastened to light supporting structures subject to negligible vibrations and shocks transmitted from local blasting or pile driving activities, slamming doors, etc.
M2 This class applies to measuring instruments used in locations with significant or high levels of vibration and shock, e.g. transmitted from machines and passing vehicles in the vicinity or adjacent to heavy machines, conveyor belts, etc.
M3 This class applies to measuring instruments used in locations where the level of vibration and shock is high and very high, e.g. for measuring instruments mounted directly on machines, conveyor belts, etc.
1. 3.3. (a) Electromagnetic environments are classified into classes E1, E2 or E3 as described below, unless otherwise laid down in the appropriate instrument-specific requirements.
E1 This class applies to measuring instruments used in locations with electromagnetic disturbances corresponding to those likely to be found in residential, commercial and light industrial buildings.
E2 This class applies to measuring instruments used in locations with electromagnetic disturbances corresponding to those likely to be found in other industrial buildings.
— load dump transients occurring in the event of a discharged battery being disconnected while the engine is running.
— Surges on supply lines and/or signal lines.
— any other quantity likely to influence in a significant way the accuracy of the measuring instrument.
Essential requirements specified in 1.1 and 1.2 shall be verified for each relevant influence quantity. Unless otherwise specified in the appropriate instrument-specific requirements, these essential requirements apply when each influence quantity is applied and its effect evaluated separately, all other influence quantities being kept relatively constant at their reference value.
Metrological tests shall be carried out during or after the application of the influence quantity, whichever condition corresponds to the normal operational status of the measuring instrument when that influence quantity is likely to occur.
— According to the climatic operating environment in which the measuring instrument is intended to be used either the damp heat steady state (non-condensing) or damp heat cyclic (condensing) test may be appropriate.
— The damp heat cyclic test is appropriate where condensation is important or when penetration of vapour will be accelerated by the effect of breathing. In conditions where non-condensing humidity is a factor the damp heat steady state is appropriate.
The application of the same measurand in a different location or by a different user, all other conditions being the same, shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.
The application of the same measurand under the same conditions of measurement shall result in the close agreement of successive measurements. The difference between the measurement results shall be small when compared with the MPE.
A measuring instrument shall be sufficiently sensitive and the discrimination threshold shall be sufficiently low for the intended measurement task.
A measuring instrument shall be designed to maintain an adequate stability of its metrological characteristics over a period of time estimated by the manufacturer, provided that it is properly installed, maintained and used according to the manufacturer's instruction when in the environmental conditions for which it is intended.
A measuring instrument shall be designed to reduce as far as possible the effect of a defect that would lead to an inaccurate measurement result, unless the presence of such a defect is obvious.
7. 1. A measuring instrument shall have no feature likely to facilitate fraudulent use, whereas possibilities for unintentional misuse shall be minimal.
7. 2. A measuring instrument shall be suitable for its intended use taking account of the practical working conditions and shall not require unreasonable demands of the user in order to obtain a correct measurement result.
7. 3. The errors of a utility measuring instrument at flows or currents outside the controlled range shall not be unduly biased.
7. 4. Where a measuring instrument is designed for the measurement of values of the measurand that are constant over time, the measuring instrument shall be insensitive to small fluctuations of the value of the measurand, or shall take appropriate action.
7. 5. A measuring instrument shall be robust and its materials of construction shall be suitable for the conditions in which it is intended to be used.
7. 6. A measuring instrument shall be designed so as to allow the control of the measuring tasks after the instrument has been placed on the market and put into use. If necessary, special equipment or software for this control shall be part of the measuring instrument. The test procedure shall be described in the operation manual.
When a measuring instrument has associated software which provides other functions besides the measuring function, the software that is critical for the metrological characteristics shall be identifiable and shall not be inadmissibly influenced by the associated software.
8. 1. The metrological characteristics of a measuring instrument shall not be influenced in any inadmissible way by the connection to it of another device, by any feature of the connected device itself or by any remote device that communicates with the measuring instrument.
8. 2. A hardware component that is critical for metrological characteristics shall be designed so that it can be secured. Security measures foreseen shall provide for evidence of an intervention.
8. 3. Software that is critical for metrological characteristics shall be identified as such and shall be secured.
Software identification shall be easily provided by the measuring instrument.
Evidence of an intervention shall be available for a reasonable period of time.
8. 4. Measurement data, software that is critical for measurement characteristics and metrologically important parameters stored or transmitted shall be adequately protected against accidental or intentional corruption.
8. 5. For utility measuring instruments the display of the total quantity supplied or the displays from which the total quantity supplied can be derived, whole or partial reference to which is the basis for payment, shall not be able to be reset during use.
— information whether or not additional devices providing metrological results comply with the provisions of the Directive on legal metrological control.
9. 2. 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 the Directive suitably marked.
— conditions for compatibility with interfaces, sub-assemblies or measuring instruments.
9. 4. Groups of identical measuring instruments used in the same location or used for utility measurements do not necessarily require individual instruction manuals.
9. 5. Unless specified otherwise in an instrument-specific provision, the scale interval for a measured value shall be in the form 1x10n, 2x10n, or 5x10n, where n is any integer or zero. The unit of measurement or its symbol shall be shown close to the numerical value.
9. 6 A material measure shall be marked with a nominal value or a scale, accompanied by the unit of measurement used.
9. 7. The units of measurement used and their symbols shall be in accordance with the provisions of Community legislation on units of measurement and their symbols 1 .
1 Directive 80/181/EEC as amended.
9. 8. All marks and inscriptions required under any requirement shall be clear, non-erasable, unambiguous and non-transferable.
10. 1. Indication of the result shall be by means of a display or hard copy.
10. 2. The indication of any result shall be clear and unambiguous and accompanied by such marks and inscriptions necessary to inform the user of the significance of the result. Easy reading of the presented result shall be permitted under normal conditions of use. Additional indications may be shown provided they cannot be confused with the metrologically controlled indications.
10. 3. In the case of hard copy the print or record shall also be easily legible and non-erasable.
10. 4. A measuring instrument for direct sales trading transactions shall be designed to present the measurement result to both parties in the transaction when installed as intended. When critical in case of direct sales, any ticket provided to the consumer by an ancillary device not complying with the appropriate requirements of these Regulations shall bear an appropriate restrictive information.
10. 5. Whether or not a measuring instrument intended for utility measurement purposes can be remotely read it shall in any case be fitted with a metrologically controlled display accessible without tools to the consumer. The reading of this display is the measurement result that serves as the basis for the price to pay.
11. 2. Additionally, a durable proof of the measurement result and the information to identify the transaction shall be available on request at the time the measurement is concluded.
A measuring instrument shall be designed so as to allow ready evaluation of its conformity with the appropriate requirements of these Regulations.
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 appropriate requirements of these Regulations.
— the integrity of the measuring instrument.
— the durability specifications for gas and water meters as well as meters for liquids other than water.
(j) the EC type-examination certificates or EC design examination certificates in respect of measuring instruments containing parts identical to those in the design.
4. The manufacturer shall specify where seals and markings have been applied.
5. The manufacturer shall indicate the conditions for compatibility with interfaces and sub-assemblies, where relevant.
The following criteria apply for the designation of bodies in accordance with Regulation 12.
1. The body, its director and staff involved in conformity assessment tasks shall not be the designer, manufacturer, supplier, installer or user of the measuring instruments that they inspect, nor the authorised representative of any of them. In addition, they may not be directly involved in the design, manufacture, marketing or maintenance of the measuring instruments, nor represent the parties engaged in these activities. The preceding criterion does not, however, preclude in any way the possibility of exchanges of technical information between the manufacturer and the body for the purposes of conformity assessment.
2. The body, its director and staff involved in conformity assessment tasks shall be free from all pressures and inducements, in particular financial inducements, that might influence their judgement or the results of their conformity assessment, especially from persons or groups of persons with an interest in the results of the assessments.
3. The conformity assessment shall be carried out with the highest degree of professional integrity and requisite competence in the field of metrology. Should the body subcontract specific tasks, it shall first ensure that the subcontractor meets the requirements of these Regulations, and in particular this Schedule. The body shall keep the relevant documents assessing the subcontractor's qualifications and the work carried out by him under these Regulations at the disposal of the Minister.
4. The body shall be capable of carrying out all the conformity assessment tasks for which it has been designated, whether those tasks are carried out by the body itself or on its behalf and under its responsibility. It shall have at its disposal the necessary staff and shall have access to the necessary facilities for carrying out in a proper manner the technical and administrative tasks entailed in conformity assessment.
(c) the requisite ability to draw up the certificates, records and reports demonstrating that the tasks have been carried out.
6. The impartiality of the body, its director and staff shall be guaranteed. The remuneration of the body shall not depend on the results of the tasks it carries out. The remuneration of the body's director and staff shall not depend on the number of tasks carried out or the results of such tasks.
7. The body shall take out civil liability insurance if its civil liability is not covered by national law.
8. The body's director and staff shall be bound to observe professional secrecy with regard to all information obtained in the performance of their duties pursuant to these Regulations, except vis-à-vis the authority of the Minister.
The relevant requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule, apply to water meters intended for the measurement of volumes of clean, cold water in residential, commercial and light industrial use.
An instrument designed to measure, memorise and display the volume at metering conditions of water passing through the measurement transducer.
The transitional flowrate is the flowrate value occurring between the permanent and minimum flowrates, at which the flowrate range is divided into two zones, the 'upper zone' and the 'lower zone'. Each zone has a characteristic MPE.
The highest flowrate at which the water meter operates in a satisfactory manner under normal conditions of use, i.e. under steady or intermittent flow conditions.
The overload flowrate is the highest flowrate at which the meter operates in a satisfactory manner for a short period of time without deteriorating.
1. The flowrate range of the water.
Until 30 April 2009, the ratio Q 2 /Q 1 may be: 1.5, 2.5, 4 or 6.3.
2. The temperature range of the water.
30°C to at least 90°C.
The meter may be designed to operate over both ranges.
3. The relative pressure range of the water, the range being 0.3 bar to at least 10 bar at Q3.
4. For the power supply: the nominal value of the AC voltage supply and/or the limits of DC supply.
3% for water having a temperature > 30°C.
6. The MPE, positive or negative, on volumes delivered at flowrates between the minimum flowrate (Q1) and the transitional flowrate (Q2) (excluded) is 5% for water having any temperature.
— the indication of the measurement result is such that it cannot be interpreted as a valid result, such as a momentary variation that cannot be interpreted, memorised or transmitted as a measuring result.
— allow recovery of all measurement data present just before the disturbance.
— the volume corresponding to the MPE on the volume corresponding to one minute at flowrate Q3.
— 1.5% of the metered volume between Q2 included and Q4 included.
— ±3.5% of the metered volume between Q2 included and Q4 included for water meters intended to meter water with a temperature between 30°C and 90°C.
8. 1. The meter shall be able to be installed to operate in any position unless clearly marked otherwise.
8. 2. The manufacturer shall specify whether the meter is designed to measure reverse flow. In such a case, the reverse flow volume shall either be subtracted from the cumulated volume or shall be separately recorded. The same MPE shall apply to both forward and reverse flow.
Water meters not designed to measure reverse flow shall either prevent reverse flow or shall withstand an accidental reverse flow without any deterioration or change in metrological properties.
9. Metered volume shall be displayed in cubic metres.
The relevant requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule, apply to gas meters and volume conversion devices defined below, intended for residential, commercial and light industrial use.
An instrument designed to measure, memorise and display the quantity of fuel gas (volume or mass) that has passed it.
A device fitted to a gas meter that automatically converts the quantity measured at metering conditions into a quantity at base conditions.
The highest flowrate at which the gas meter provides indications that satisfy the requirements regarding MPE.
The transitional flowrate is the flowrate occurring between the maximum and minimum flowrates at which the flowrate range is divided into two zones, the 'upper zone' and the 'lower zone'. Each zone has a characteristic MPE.
The overload flowrate is the highest flowrate at which the meter operates for a short period of time without deteriorating.
The specified conditions to which the measured quantity of fluid is converted.
1. 2. The temperature range of the gas, with a minimum range of 40°C.
— the maximum operating pressure.
1. 4. A minimum temperature range of 50°C for the climatic environment.
1. 5. The nominal value of the AC voltage supply and/or the limits of DC supply.
When the errors between Qt and Qmax all have the same sign, they shall all not exceed 1% for class 1.5 and 0.5% for Class 1.0.
2. 2. For a gas meter with temperature conversion, which only indicates the converted volume, the MPE of the meter is increased by 0.5% in a range of 30°C extending symmetrically around the temperature specified by the manufacturer that lies between 15°C and 25°C. Outside this range, an additional increase of 0.5% is permitted in each interval of 10°C.
— the quantity corresponding to the MPE on the quantity corresponding to one minute at maximum flowrate.
Under installation conditions specified by the manufacturer, the effect of the flow disturbances shall not exceed one third of the MPE.
4. 1.1. The variation of the measurement result after the durability test when compared with the initial measurement result for the flow rates in the range Qt to Qmax shall not exceed the measurement result by more than 2%.
4. 1.2. The error of indication after the durability test shall not exceed twice the MPE in paragraph 2.
4. 2.1. The variation of the measurement result after the durability test when compared with the initial measurement result shall not exceed one-third of the MPE in paragraph 2.
4. 2.2. The error of indication after the durability test shall not exceed the MPE in paragraph 2.
5. 1. A gas meter powered from the mains (AC or DC) shall be provided with an emergency power supply device or other means to ensure, during a failure of the principal power source, that all measuring functions are safeguarded.
5. 2. A dedicated power source shall have a lifetime of at least five years. After 90% of its lifetime an appropriate warning shall be shown.
5. 3. An indicating device shall have a sufficient number of digits to ensure that the quantity passed during 8,000 hours at Qmax does not return the digits to their initial values.
5. 4. The gas meter shall be able to be installed to operate in any position declared by the manufacturer in its installation instruction.
5. 5. The gas meter shall have a test element, which shall enable tests to be carried out in a reasonable time.
5. 6. The gas meter shall respect the MPE in any flow direction or only in one flow direction clearly marked.
Metered quantity shall be displayed in cubic metre, or in kilogram.
A volume conversion device constitutes a sub-assembly of the second type according to the definition of sub-assembly given in Regulation 2.
— 1% for other conversion devices at rated operating conditions.
Note: The error of the gas meter is not taken into account.
9. 1. An electronic conversion device shall be capable of detecting when it is operating outside the operating range(s) stated by the manufacturer for parameters that are relevant for measurement accuracy. In such a case, the conversion device must stop integrating the converted quantity, and may totalise separately the converted quantity for the time it is operating outside the operating range(s).
9. 2. An electronic conversion device shall be capable to display all relevant data for the measurement without additional equipment.
10. (a) Class 1.0 or Class 1.5 meters which have a Qmax/Qmin ratio greater than 150 may be used for measurement of gas in residential use.
(b) Class 1.5 meters shall be used for measurement of commercial and/or light industrial use.
11. The distribution operator shall ensure the requirements under paragraphs 1.2 and 1.3 are determined in order that the meter installed is appropriate for the accurate measurement of consumption that is foreseen or foreseeable.
The relevant requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule, apply to active electrical energy meters intended for residential, commercial and light industrial use.
Note: Electrical energy meters may be used in combination with external instrument transformers, depending upon the measurement technique applied. However, this Schedule covers only electrical energy meters but not instrument transformers.
An active electrical energy meter is a device which measures the active electrical energy consumed in a circuit.
PF = power factor = cos φ = the cosine of the phase difference φ between I and U.
The manufacturer shall specify the class index of the meter. The class indices are defined as: Class A, B and C.
*) For Class B electromechanical meters Imin ≤ 0.4 Itr shall apply.
The voltage, frequency and power factor ranges within which the meter shall satisfy the MPE requirements are specified in Table 2. These ranges shall recognise the typical characteristics of electricity supplied by public distribution systems.
power factor range at least from cosφ = 0.5 inductive to cosφ = 0.8 capacitive.
When the meter is operating under varying-load current, the percentage errors shall not exceed the limits given in Table 2.
When a meter operates in different temperature ranges the relevant MPE values shall apply.
As electrical energy meters are directly connected to the mains supply and as mains current is also one of the measurands, a special electromagnetic environment is used for electricity meters.
The meter shall comply with the electromagnetic environment E2 and the additional requirements in 4.2 and 4.3.
The electromagnetic environment and permissible effects reflect the situation that there are disturbances of long duration which shall not affect the accuracy beyond the critical change values and transient disturbances, which may cause a temporary degradation or loss of function or performance but from which the meter shall recover and shall not affect the accuracy beyond the critical change values.
When there is a foreseeable high risk due to lightning or where overhead supply networks are predominant, the metrological characteristics of the meter shall be protected.
* In the case of electromechanical electricity meters, no critical change values are defined for harmonic contents in the current circuits and for DC and harmonics in the current circuit.
— not indicate a change in the registered energy of more than the critical change value.
(m being the number of measuring elements of the meter, Un in Volts and Imax in Amps).
4. 3.2. For overcurrent the critical change value is 1.5%.
5. 1. Below the rated operating voltage the positive error of the meter shall not exceed 10%.
5. 2. The display of the total energy shall have a sufficient number of digits to ensure that when the meter is operated for 4,000 hours at full load (I = Imax, U = Un and PF = 1) the indication does not return to its initial value and shall not be able to be reset during use.
5. 3. In the event of loss of electricity in the circuit, the amounts of electrical energy measured shall remain available for reading during a period of at least 4 months.
When the voltage is applied with no current flowing in the current circuit (current circuit shall be open circuit), the meter shall not register energy at any voltage between 0.8 . Un and 1.1 Un.
The meter shall start and continue to register at Un PF = 1 (polyphase meter with balanced loads) and a current which is equal to Ist.
The electrical energy measured shall be displayed in kilowatt-hours or in megawatt-hours.
(a) For residential use, Class A meters may be used. For specified purposes, Class B meters may be required.
(b) For commercial and / or light industrial use, Class B meters may be used. For specified purposes, Class C meters may be required.
(c) The current range shall be determined by the distributor or the person legally designated for installing the meter, so that the meter is appropriate for the accurate measurement of consumption that is foreseen or foreseeable.
The relevant essential requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule, apply to measuring systems intended for the continuous and dynamic measurement of quantities (volumes or masses) of liquids other than water as given in Table 1. If appropriate, the terms 'volume, and L' in this Schedule can be read as 'mass and kg'.
An instrument designed to measure continuously, memorise and display the quantity at metering conditions of liquid flowing through the measurement transducer in a closed, fully charged conduit.
A part of a meter that receives the output signals from the measurement transducer(s) and possibly, from associated measuring instruments and displays the measurement results.
An instrument connected to the calculator for measuring certain quantities which are characteristic of the liquid, with a view to make a correction and/or conversion.
Note: A conversion device includes the relevant associated measuring instruments.
The specified conditions to which the measured quantity of liquid at metering conditions is converted.
A system that comprises the meter itself and all devices required to ensure correct measurement or intended to facilitate the measuring operations.
A measuring system intended for the refuelling of motor vehicles, small boats and small aircraft.
An arrangement that allows the customer to use a measuring system for the purpose of obtaining liquid for his own use.
A specific device that is part of a self-service arrangement and which allows one of more measuring systems to perform in this self-service arrangement.
The smallest quantity of liquid for which the measurement is metrologically acceptable for the measuring system.
The indication, either volume or mass, corresponding to the measure and that the meter is physically capable of measuring.
Note: The direct indication may be converted into another quantity using a conversion device.
A measuring system is considered as interruptible/non interruptible when the liquid flow can/cannot be stopped easily and rapidly.
The range between the minimum flowrate (Qmin) and maximum flowrate (Qmax).
(i) the flowrate range of a measuring system shall be within the flowrate range of each of its elements, in particular the meter.
1. 3. The nominal value of the AC voltage supply and/or limits of the DC voltage supply.
1. 4. The base conditions for converted values.
Note: Paragraph 1.4 is without prejudice to the Member States' obligations to require use of a temperature of either 15°C in accordance with Article 3(1) of Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oil 1 or, for heavy fuel oils, LPG and methane, another temperature pursuant to Article 3(2) of that Directive.
1 OJ L 316, 31.10.1992, p. 12. Directive repealed by Directive 2003/96/EC (OJ L 283, 31.10.2003, p. 51).
— the absolute value of the MPE for the minimum measured quantity (Emin).
Emin shall fulfil the condition: Emin ≥ 2 R, where R is the smallest scale interval of the indication device.
— A is the numerical value specified in line A of Table 2.
2. 4.2. For minimum measured quantities of less than two litres, the above-mentioned condition 1 applies and Emin is twice the value specified in Table 3, and related to line A of Table 2.
In the case of a converted indication the MPEs are as in line A of Table 2.
MPEs on converted indications due to a conversion device are equal to ±(A — B), A and B being the values specified in Table 2.
MPEs on quantities of liquid indications applicable to calculation, positive or negative, are equal to one-tenth of the MPEs as defined in line A of Table 2.
These values apply to the indication of the characteristic quantities of the liquid displayed by the conversion device.
The MPE for the calculation of each characteristic quantity of the liquid, positive or negative, is equal to two fifths of the value fixed in (b).
2. 7. The requirement (a) in paragraph 2.6 applies to any calculation, not only conversion.
— the change in the measurement result is greater than the critical change value, in which case the measuring system shall permit the retrieval of the measuring result just before the critical change value occurred and cut off the flow.
3. 2. The critical change value is the greater of MPE/5 for a particular measured quantity or Emin.
The variation of the measurement result after the durability test, when compared with the initial measurement result, shall not exceed the value for meters specified in line B of table 2.
5. 1. For any measured quantity relating to the same measurement, the indications provided by various devices shall not deviate one from another by more than one scale interval where devices have the same scale interval. In the case where the devices have different scale intervals, the deviation shall not be more than that of the greatest scale interval. However, in the case of a self-service arrangement the scale intervals of the main indicating device on the measuring system and the scale intervals of the self-service device shall be the same and results of measurement shall not deviate one from another.
5. 2. It shall not be possible to divert the measured quantity in normal conditions of use unless it is readily apparent.
— 1% for potable liquids and for liquids of a viscosity exceeding 1 mPa.s.
However, the allowed variation shall never be smaller than 1% of MMQ. This value applies in the case of air or gas pockets.
5. 4.1. A measuring system for direct sales shall be provided with means for resetting the display to zero.
It shall not be possible to divert the measured quantity.
5. 4.2. The display of the quantity on which the transaction is based shall be permanent until all parties in the transaction have accepted the measurement result.
5. 4.3. Measuring systems for direct sales shall be interruptible.
5. 4.4. Any percentage of air or gas in the liquid shall not lead to a variation of error greater than the values specified in paragraph 5.3.
5. 5.1. Displays on fuel dispensers shall not be capable of being reset to zero during a measurement.
5. 5.2. The start of a new measurement shall be inhibited until the display has been reset to zero.
5. 5.3. Where a measuring system is fitted with a price display, the difference between the indicated price and the price calculated from the unit price and the indicated quantity shall not exceed the price corresponding to Emin.
However this difference need not be less than the smallest monetary value.
A measuring system shall either be provided with an emergency power supply device that will safeguard all measuring functions during the failure of the main power supply device or be equipped with means to save and display the data present in order to permit the conclusion of the transaction in progress and with means to stop the flow at the moment of the failure of the main power supply device.
Note: However, the manufacturer may specify a better accuracy for a certain type of measuring system.
The metered quantity shall be displayed in millilitres, cubic centimetres, litres, cubic metres, grams, kilograms or tonnes.
The relevant essential requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in Chapter I of this Schedule, apply to automatic weighing instruments defined below, intended to determine the mass of a body by using the action of gravity on that body.
An instrument that determines the mass of a product without the intervention of an operator and follows a predetermined programme of automatic processes characteristic of the instrument.
An automatic weighing instrument that determines the mass of pre-assembled discrete loads (for example pre-packages) or single loads of loose material.
An automatic catchweigher that subdivides articles of different mass into two or more subgroups according to the value of the difference of their mass and a nominal set-point.
An automatic catchweigher that labels individual articles with the weight value.
An automatic catchweigher that labels individual articles with the weight value, and price information.
An automatic weighing instrument that fills containers with a predetermined and virtually constant mass of product from bulk.
An automatic weighing instrument that determines the mass of a bulk product by dividing it into discrete loads. The mass of each discrete load is determined in sequence and summed. Each discrete load is then delivered to bulk.
An automatic weighing instrument that continuously determines the mass of a bulk product on a conveyor belt, without systematic subdivision of the product and without interrupting the movement of the conveyor belt.
The measuring range in terms of its maximum and minimum capacity.
the nominal AC voltage supply, or the AC voltage limits.
the nominal and minimum DC voltage supply, or the DC voltage limits.
The minimum temperature range is 30°C unless specified otherwise in the following chapters of this Schedule.
The mechanical environment classes according to Schedule III, paragraph 1.3.2 are not applicable. For instruments which are used under special mechanical strain, e.g. instruments incorporated into vehicles, the manufacturer shall define the mechanical conditions of use.
— The rate(s) of operation.
— The characteristics of the product(s) to be weighed.
The required performance and the critical change value are given in the relevant Chapter of this Schedule for each type of instrument.
3. 1. Means shall be provided to limit the effects of tilt, loading and rate of operation such that maximum permissible errors (MPEs) are not exceeded in normal operation.
3. 2. Adequate material handling facilities shall be provided to enable the instrument to respect the MPEs during normal operation.
3. 3. Any operator control interface shall be clear and effective.
3. 4. The integrity of the display (where present) shall be verifiable by the operator.
3. 5. Adequate zero setting capability shall be provided to enable the instrument to respect the MPEs during normal operation.
3. 6. Any result outside the measurement range shall be identified as such, where a printout is possible.
X or Y as specified by the manufacturer.
which shall be specified by the manufacturer.
2. 1. Category X applies to instruments used to check pre-packages made up in accordance with the requirements of Council Directive 75/106/EEC of 19 December 1974 on the approximation of the laws of the Member States relating to the making-up by volume of certain pre-packaged liquids 1 and of Council Directive 76/211/EEC of 20 January 1976 on the approximation of the laws of the Member States relating to the making-up by weight or by volume of certain pre-packaged products 2 applicable to pre-packages.
1 OJ L 42, 15.2.1975, p. 1. Directive as last amended by Directive 89/676/EEC (OJ L 398, 30.12.1989, p. 18).
2 OJ L 46, 21.2.1976, p. 1. Directive as last amended by the EEA Agreement.
2. 2. The accuracy classes are supplemented by a factor (x) that quantifies the maximum permissible standard deviation as specified in paragraph 4.2.
The manufacturer shall specify the factor (x), where (x) shall be ≤ 2 and in the form 1 x 10k, 2 x 10k or 5 x 10k, where k is a negative whole number or zero.
Category Y applies to all other automatic catchweighers.
Maximum permissible value for the standard deviation of a class X (x) instrument is the result of the multiplication of the factor (x) by the value in Table 2 below.
For class XI and XII (x) shall be less than 1.
For class XIII (x) shall be not greater than 1.
For class XIV (x) shall be greater than 1.
(1) For i = r the corresponding column of Table 3 applies with e replaced by er.
6. 1. The dynamic setting facility shall operate within a load range specified by the manufacturer.
6. 2. When fitted, a dynamic setting facility that compensates for the dynamic effects of the load in motion shall be inhibited from operating outside the load range, and shall be capable of being secured.
— For static weighing in non-automatic operation; as specified in Table 1.
— For static weighing in non-automatic operation; as specified for category X in Table 1.
7. 2. The critical change value due to a disturbance is one verification scale interval.
— For class XII and Y(II) the minimum range is 15° C.
1. 1. The manufacturer shall specify both the reference accuracy class Ref(x) and the operational accuracy class(es) X(x).
1. 2. An instrument type is designated a reference accuracy class, Ref(x), corresponding to the best possible accuracy for instruments of the type. After installation, individual instruments are designated for one or more operational accuracy classes, X(x), having taken account of the specific products to be weighed. The class designation factor (x) shall be ≤ 2, and in the form 1 x 10k, 2 x 10k or 5 x 10k where k is a negative whole number or zero.
1. 3. The reference accuracy class, Ref(x) is applicable for static loads.
1. 4. For the operational accuracy class X(x), X is a regime relating accuracy to load weight and (x) is a multiplier for the limits of error specified for class X(1) in 2.2.
2. 1.1. 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 specified in Table 5; multiplied by the class designation factor (x).
2. 1.2. 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 specified in 2.2 (i.e. not the sum of the maximum permissible deviation for the individual loads).
Note: The calculated deviation of each fill from the average may be adjusted to take account for the effect of material particle size.
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 specified in Table 5.
3. 1. The MPE due to influence factors shall be as specified in paragraph 2.1.
3. 2. The critical change value due to a disturbance is a change of the static weight indication equal to the MPE as specified in paragraph 2.1 calculated for the rated minimum fill, or a change that would give equivalent effect on the fill in the case of instruments where the fill consists of multiple loads. The calculated critical change value shall be rounded to the next higher scale interval (d).
3. 3. The manufacturer shall specify the value of the rated minimum fill.
Instruments are divided into four accuracy classes as follows: 0.2, 0.5, 1 and 2.
The minimum totalised load (Σmin) shall be not less than the load at which the MPE is equal to the totalisation scale interval (dt) and not less than the minimum load as specified by the manufacturer.
— 0.5 dt on instruments with a semi-automatic, or non-automatic, zero setting device.
Operator adjustments and reset function shall be inhibited during automatic operation.
On instruments equipped with a printing device, the reset of the total shall be inhibited until the total is printed.
The printout of the total shall occur if automatic operation is interrupted.
8. 1. The MPEs due to influence factors shall be as specified in Table 7 below.
8. 2. The critical change value due to a disturbance is one totalisation scale interval for any weight indication and any stored total.
Instruments are divided into three accuracy classes as follows: 0.5, 1 and 2.
2. 1. The manufacturer shall specify the measurement range, the ratio between the minimum net load on the weighing unit and the maximum capacity, and the minimum totalised load.
200 d for class 2.
Where d is the totalisation scale interval of the general totalisation device.
The speed of the belt shall be specified by the manufacturer. For single-speed beltweighers, and variable-speed beltweighers having a manual speed setting control, the speed shall not vary by more than 5% of the nominal value. The product shall not have a different speed than the speed of the belt.
It shall not be possible to reset the general totalisation device to zero.
6. 1. The MPE due to influence factor, for a load not less than the Σmin, shall be 0.7 times the appropriate value specified in Table 8, rounded to the nearest totalisation scale interval (d).
6. 2. The critical change value due to a disturbance shall be 0.7 times the appropriate value specified in Table 8, for a load equal to Σmin, for the designated class of the beltweigher; rounded up to the next higher totalisation scale interval (d).
The relevant requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule apply to taximeters.
A device that works together with a signal generator 1 to make a measuring instrument.
1 The distance signal generator is outside the scope of these Regulations.
This device measures duration, calculates distance on the basis of a signal delivered by the distance signal generator.
Additionally, it calculates and displays the fare to be paid for a trip on the basis of the calculated distance and/or the measured duration of the trip.
The total amount of money due for a trip based on a fixed initial hire fee and/or the length and/or the duration of the trip. The fare does not include a supplement charged for extra services.
The speed value found by division of a time tariff value by a distance tariff value.
Fare calculation based on application of the time tariff below the cross-over speed and application of the distance tariff above the cross-over speed.
Fare calculation based on simultaneous application of time tariff and distance tariff over the whole trip.
'Stopped': The operating position in which the fare due for the trip is indicated and at least the fare calculation based on time is disabled.
1. The taximeter shall be designed to calculate the distance and to measure the duration of a trip.
2. The taximeter shall be designed to calculate and display the fare, incrementing in steps equal to the resolution fixed by the Member State in the operation position 'Hired'. The taximeter shall also be designed to display the final value for the trip in the operating position 'Stopped'.
3. A taximeter shall be able to apply the normal calculation modes S and D. It shall be possible to choose between these calculation modes by a secured setting.
— tariff(s) information: parameters of tariff(s).
National legislation may require certain devices to be connected to the interface(s) of a taximeter. Where such a device is required; it shall be possible, by secured setting, to inhibit automatically the operation of the taximeter for reasons of the non-presence or improper functioning of the required device.
5. If relevant, it shall be possible to adjust a taximeter for the constant of the distance signal generator to which it is to be connected and to secure the adjustment.
6. 1. The mechanical environment class that applies is M3.
— the limits of the DC power supply for which the instrument has been designed.
minimum, including rounding: corresponding to the least significant digit of the fare indication.
8. 1. The electromagnetic class that applies is E3.
8. 2. The MPE laid down in paragraph 7 shall also be respected in the presence of an electromagnetic disturbance.
— abort an existing measurement and return to the position 'For Hire' if the voltage drop is for a longer period.
10. The conditions for the compatibility between the taximeter and the distance signal generator shall be specified by the manufacturer of the taximeter.
11. If there is a supplement charge for an extra service, entered by the driver on manual command, this shall be excluded from the fare displayed. However, in that case a taximeter may display temporarily the value of the fare including the supplementary charge.
12. If the fare is calculated according to calculation mode D a taximeter may have an additional display mode in which only the total distance and duration of the trip are displayed in real time.
13. All values displayed for the passenger shall be suitably identified. These values as well as their identification shall be clearly readable under daylight and night conditions.
14. 1. If the fare to be paid or the measures to be taken against fraudulent use can be affected by the choice of functionality from a pre-programmed setting or by free data setting, it shall be possible to secure the instrument settings and data entered.
14. 2. The securing possibilities available in a taximeter shall be such that separate securing of the settings is possible.
14. 3. The provisions in paragraph 8.3 of Schedule III apply also to the tariffs.
— The total amount of money charged as fare.
The totalised values shall include the values saved according to paragraph 9 under conditions of loss of power supply.
15. 2. If disconnected from power, a taximeter shall allow the totalised values to be stored for one year for the purpose of reading out the values from the taximeter to another medium.
15. 3. Adequate measures shall be taken to prevent the display of totalised values from being used to deceive passengers.
— day of the week.
17. If properties of the taxi are important for the correctness of the taximeter, the taximeter shall provide means to secure the connection of the taximeter to the taxi in which it is installed.
18. For the purpose of testing after installation, the taximeter shall be equipped with the possibility to test separately the accuracy of time and distance measurement and the accuracy of the calculation.
19. A taximeter and its installation instructions specified by the manufacturer shall be such that, if installed according to the manufacturer's instructions, fraudulent alterations of the measurement signal representing the distance travelled are sufficiently excluded.
20. The general essential requirement dealing with fraudulent use shall be fulfilled in such a way that the interests of the customer, the driver, the driver's employer and the fiscal authorities are protected.
21. A taximeter shall be designed so that it can respect the MPEs without adjustment during a period of one year of normal use.
— Correction, automatic or manually, during a trip shall be prevented.
— in all other Member States: kilometres.
— seconds, minutes or hours, as may be suitable; keeping in mind the necessary resolution and the need to prevent misunderstandings.
The relevant essential requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule, apply to material measures of length defined below. However, the requirement for the supply of a copy of declarations of conformity may be interpreted as applying to a batch or consignment rather than each individual instrument.
An instrument comprising scale marks whose distances are given in legal units of length.
1. 1 For tapes of length equal to or greater than five metres, the maximum permissible errors (MPEs) are to be met when a tractive force of fifty newtons or other force values as specified by the manufacturer and marked on the tape accordingly, or in the case of rigid or semi-rigid measures no tractive force is needed, is applied.
1. 2 The reference temperature is 20°C unless otherwise specified by the manufacturer and marked on the measure accordingly.
— a and b are given in Table 1 below.
When a terminal interval is bounded by a surface, the MPE for any distance beginning at this point is increased by the value c given in Table 1.
(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.
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.
The MPE for the length between consecutive scale marks, and the maximum permissible difference between two consecutive intervals, are given in Table 2 below.
Where a rule is of the folding type, the jointing shall be such as not to cause any errors, supplementary to those above, exceeding: 0.3 mm for Class II, and 0.5 mm for Class III.
3. 1 Materials used for material measures shall be such that length variations due to temperature excursions up to ± 8°C about the reference temperature do not exceed the MPE. This does not apply to Class S and Class D measures where the manufacturer intends that thermal expansion corrections shall be applied to observed readings where necessary.
3. 2. Measures made from material whose dimensions may alter materially when subjected to a wide range of relative humidity, may only be included in Classes II or III.
4. The nominal value shall be marked on the measure. Millimetre scales shall be numbered every centimetre and measures with a scale interval greater than 2 cm shall have all scale marks numbered.
The relevant essential requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule, apply to capacity serving measures defined below. However, the requirement for the supply of a copy of declarations of conformity may be interpreted as applying to a batch or consignment rather than each individual instrument. Also, the requirement for the instrument to bear information in respect of its accuracy shall not apply.
A capacity measure (such as a drinking glass, jug or thimble measure) designed to determine a specified volume of a liquid (other than a pharmaceutical product) which is sold for immediate consumption.
A capacity serving measure marked with a line to indicate nominal capacity.
A capacity serving measure for which the internal volume is equal to the nominal capacity.
A capacity serving measure from which it is intended that the liquid be decanted prior to consumption.
The capacity is the internal volume for brim measures or internal volume to a filling mark for line measures.
1. 1. Temperature: the reference temperature for measurement of capacity is 20°C.
1. 2. Position for correct indication: free standing on a level surface.
Capacity serving measures shall be made of material which is sufficiently rigid and dimensionally stable to maintain capacity within the MPE.
4. 1. Transfer measures shall be designed so that a change of contents equal to the MPE causes a change in level of at least 2 mm at the brim or filling mark.
4. 2. Transfer measures shall be designed so that the complete discharge of the liquid being measured will not be impeded.
5. 1. The nominal capacity declared shall be clearly and indelibly marked on the measure.
5. 2. Capacity serving measures may also be marked with up to three clearly distinguishable capacities, none of which shall lead to confusion one to the other.
5. 3. All filling marks shall be sufficiently clear and durable to ensure that MPEs are not exceeded in use.
Capacity serving measures intended to be used for the purpose of trade in Ireland may only comply with the relevant values of the Second Schedule to the Act as regards nominal capacity.
The relevant essential requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule, apply to dimensional measuring instruments of the types defined below.
A length-measuring instrument serves for the determination of the length of rope-type materials (e.g. textiles, bands, cables) during feed motion of the product to be measured.
An area measuring instrument serves for the determination of the area of irregular shaped objects, e.g. for leather.
A multi-dimensional measuring instrument serves for the determination of the edge length (length, height, width) of the smallest enclosing rectangular parallelepiped of a product.
— there are variations in the measurement result severe enough to be noticed by all those interested in the measurement result.
2. The critical change value is equal to one scale interval.
GA is the weight force per unit area of a cloth specimen in N/m2.
2. 2. Where the measured object is not transported by the measuring instrument, its speed must be within the range specified by the manufacturer for the instrument.
2. 3. If the measurement result depends on the thickness, the surface condition and the kind of delivery (e.g. from a big roll or from a pile), corresponding limitations are specified by the manufacturer.
Where L m 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.
The true length value of the different types of materials should be measured using suitable instruments (e.g. tapes of length). Thereby, the material which is going to be measured should be laid out on a suitable underlay (e.g. a suitable table) straight and unstretched.
4. The instruments must ensure that the product is measured unstretched according to the intended stretchability for which the instrument is designed.
Dimensions within the range specified by the manufacturer for the instrument.
The manufacturer shall specify the limitations of the instruments due to the speed, and thickness of the surface conditions if relevant, of the product.
The MPE is 1.0%, but not less than 1 dm2.
In the case of pulling back or stopping the product, it should not be possible to have an error of measurement or the display must be blanked.
The instruments must have a scale interval of 1.0 dm2. In addition, it must be possible to have a scale interval of 0.1 dm2 for testing purposes.
The lower limit of the minimum dimension for all values of the scale interval is given in Table 1 below.
The speed must be within the range specified by the manufacturer for the instrument.
The MPE is ± 1.0 d.
The relevant requirements of Schedule III, the specific requirements of this Schedule and the conformity assessment procedures listed in this Schedule, apply to exhaust gas analysers defined below intended for inspection and professional maintenance of motor vehicles in use.
An exhaust gas analyser is a measuring instrument that serves to determine the volume fractions of specified components of the exhaust gas of a motor vehicle engine with spark ignition at the moisture level of the sample analysed.
The gas components determined by an exhaust gas analyser are carbon monoxide (CO), carbon dioxide (CO2), oxygen (O2) and hydrocarbons (HC).
The content of hydrocarbons has to be expressed as concentration of n-hexane (C6H14), measured with near-infrared absorption techniques.
The volume fractions of the gas components are expressed as a percentage (% vol) for CO, CO2 and O2 and in parts per million (ppm vol).
Moreover, an exhaust gas analyser calculates the lambda value from the volume fractions of the components of the exhaust gas.
Lambda is a dimensionless value representative of the burning efficiency of an engine in terms of air/fuel ratio in the exhaust gases. It is determined with a reference standardised formula.
1. Two classes (0 and I) are being defined for exhaust gas analysers. The relevant minimum measuring ranges for these classes are shown in Table 1.
— The mechanical environment class that applies is M1.
— The limits of the DC voltage supply.
— The minimum and the maximum values of the ambient pressure are for both classes: pmin < 860 hPa, pmax > 1,060 hPa.
3. 1. For each of the fractions measured, the maximum error value permitted under rated operating conditions according to paragraph 1.1 of Schedule III is the greater of the two values shown in Table 2. Absolute values are expressed in% vol or ppm vol, percentage values are percent of the true value.
3. 2. The MPE on lambda calculation is 0.3%. The conventional true value is calculated according to the formula defined in point 5.3.7.3 of Annex I of Directive 98/69/EC of the European Paliament and the Council relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC 1 .
1 OJ L 350, 28.12.1998, p. 17.
For this purpose, the values displayed by the instrument are used for calculation.
4. For each of the volume fractions measured by the instrument, the critical change value is equal to the MPE for the parameter concerned.
— or the presentation of the measurement result is such that it cannot be taken for a valid result.
6. The resolution shall be equal to or of one order of magnitude higher than the values shown in Table 3.
(1) 0.01% vol for measurand values below or equal to 4% vol, otherwise 0.1% vol.
The lambda value shall be displayed with a resolution of 0.001.
7. The standard deviation of 20 measurements shall not be greater than one third of the modulus of the MPE for each applicable gas volume fraction.
8. For measuring CO, CO2 and HC, the instrument, including the specified gas handling system, must indicate 95% of the final value as determined with calibration gases within 15 seconds after changing from a gas with zero content, e.g. fresh air. For measuring O2, the instrument under similar conditions must indicate a value differing less than 0.1% vol from zero within 60 seconds after changing from fresh air to an oxygen-free gas.
water vapour up to saturation.
10. An exhaust gas analyser shall have an adjustment facility that provides operations for zero-setting, gas calibration and internal adjustment. The adjustment facility for zero-setting and internal adjustment shall be automatic.
11. For automatic or semi-automatic adjustment facilities, the exhaust gas analyser shall be unable to make a measurement as long as the adjustments have not been made.
12. An exhaust gas analyser shall detect hydrocarbon residues in the gas handling system. It shall not be possible to carry out a measurement if the hydrocarbon residues, present before any measurement, exceed 20 ppm vol.
13. An exhaust gas analyser shall have a device for automatically recognising any malfunctioning of the sensor of the oxygen channel due to wear or a break in the connecting line.
14. If the exhaust gas analyser is capable to operate with different fuels (e.g. petrol or liquefied gas), there shall be the possibility to select the suitable coefficients for the Lambda calculation without ambiguity concerning the appropriate formula.
These Regulations come into effect on the signing thereof and implement Directive 2004/22/EC of the European Parliament and of the Council of 31 March 2004 on the harmonisation of the laws of Member States relating to Measuring Instruments.
They provide that the essential requirements of the Directive may be met through adoption by a manufacturer of the appropriate normative document, subject to the procedure stipulated in Article 16(1) of the Directive, containing technical specifications. They also provide for the appointment of notified bodies to carry out the various functions such as type-approval, verification and quality system approval and set 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.
The Regulations contain provisions for the withdrawal from the market or imposition of restrictions on the placing on the market of instruments bearing the CE mark and the Supplementary Metrology Mark that do not meet the requirements of the Regulations.
Regulations that applied to the classes of instruments within the scope of these Regulations are repealed. The Regulations also provide for an appeals procedure, market surveillance, powers of inspectors & authorised officers and penalties for offences.