COUNCIL DIRECTIVE of 12 October 1971 on the approximation of the laws of the Member States relating to the measuring of the standard mass per storage volume of grain (71/347/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament 1;
Having regard to the Opinion of the Economic and Social Committee 2;
Whereas the instruments and methods used in the Member States to measure the standard mass per storage volume of grain are different and directly affect the functioning of the common market ; whereas approximation of the laws in this field will facilitate trade not only in grain but also in measuring instruments;
Whereas for this purpose it is advisable to define a particular characteristic, designated the "EEC standard mass per storage volume", and to lay down the technical requirements which must be satisfied by the standard instruments used to determine this reference value;
Whereas measuring instruments whose accuracy is defined in relation to that of standard instruments and which have been subjected to the controls provided for in the Council Directive of 26 July 1971 3 on the approximation of the laws of the Member States relating to provisions for both measuring instruments and methods of metrological control give sufficient guarantees to justify their legal use in all the Member States ; whereas these measuring instruments can consequently be marketed throughout the Community;
Whereas it is necessary, with respect to trade between Member States, to prohibit measurement of the standard mass per storage volume of grain according to the various provisions and practices at present applicable in the Community ; whereas the exclusive and compulsory use of the EEC standard mass per storage volume in all Member States will prevent disputes in intra-Community trade about this method of measurement;
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive concerns: (a) the definition of the characteristic of grain designated "masse à l'hectolitre CEE", "EEG natuurgewicht", "EWG-Schüttdichte", "peso ettolitrico CEE" (EEC standard mass per storage volume);
(b) the requirements for the technical construction and utilisation of the reference standard instrument used to determine the EEC standard mass per storage volume;
(c) the conditions which must be fulfilled by the working instruments used to measure the EEC standard mass per storage volume.
Article 2
1. The EEC standard mass per storage volume is the ratio of the mass expressed in kilogrammes to the volume expressed in hectolitres, as determined for any kind of grain by measurement with an 1OJ No C 63, 28.5.1969, p. 27. 2OJ No C 4, 14.1.1969, p. 4. 3OJ No L 202, 6.9.1971, p. 1.
instrument and according to a method which are in conformity with the provisions of this Directive.
2. The "reference" EEC standard mass per storage volume is the EEC standard mass per storage volume as determined by measurement with a standard Community or national instrument constructed and used in accordance with Chapters I and II of Annex I.
3. The reference EEC standard mass per storage volume is expressed in kilogrammes per hectolitre to two decimal places.
Article 3
1. The Community standard instrument shall be deposited with the Metrology Service of the Federal Republic of Germany. At least every ten years, national standard instruments shall, in conformity with Annex I, be checked against the Community standard instrument and adjusted accordingly by means of a transportable standard instrument of the same type.
2. A transportable standard instrument is an instrument without a weighing device, but otherwise having exactly the same characteristics as the Community and national standard instruments.
Article 4
1. For trading purposes, the term EEC standard mass per storage volume may only be used to designate a grain characteristics which has been measured with instruments conforming to the requirements of this Directive.
2. For the purposes of trade in grain between the Member States, the characteristic designated standard mass per storage volume may only be the EEC standard mass per storage volume which is defined above.
Article 5
The measuring instruments used for trading purposes to determine the EEC standard mass per storage volume of grain shall fulfil the requirements of Annex II.
They shall be subject to EEC pattern-approval and to EEC initial verification.
They shall be constructed and used in accordance with the conditions specified in the EEC pattern-approval certificate.
They shall bear EEC marks and symbols.
Article 6
No Member State may refuse, prohibit or restrict the placing on the market or the entry into service of measuring instruments used to determine the EEC standard mass per storage volume, where such instruments bear the EEC pattern-approval symbol and the EEC initial-verification mark.
Article 7
1. Member States shall put into force the laws, regulations or administrative provisions needed in order to comply with this Directive within eighteen months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall ensure that the texts of the main provisions of national law which they adopt in the field covered by this Directive are communicated to the Commission.
Article 8
This Directive is addressed to the Member States.
Done at Luxembourg, 12 October 1971.