EN    EN EN  
EN    EN  COMMISSION OF THE E UROPEAN COMMUNITIES 
Brussels, 3.12.2008 
COM(2008) 801 final 
2008/0227 (COD)   
Proposal for a 
DIRECTIVE OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL  
repealing Council Directives 71/317 /EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 
75/33/EEC, 76/765/EEC, 76/766/EEC, and 86/217/EEC regarding metrology 
{SEC(2008)2909} 
 
{SEC(2008)2910} 
 
{SEC(2008)2968} 
(presented by the Commission)  
EN 2   EN EXPLANATORY MEMORANDUM  
1. B ACKGROUND  
1.1. Existing legislation 
The proposal concerns the follo wing 8 metrology Directives:  
- Directive 75/33/EEC on Cold Wate r Meters for Non-Clean Water;  
- Directives 76/765/EEC and 76/766/EEC on Al cohol Meters and Alcohol Tables;  
- Directives 71/317/EEC and 74/148/EEC on Medi um and Above-Medium Accuracy Weights 
respectively; - Directive 86/217/EEC on Tyre Pres sure Gauges for Motor Vehicles;  
- Directive 71/347/EEC on Standard Mass of Grain;  - Directive 71/349/EEC on Calibration of Ship Tanks. 
These Directives are of the so-called optio nal type, with the exception of Directive 
76/766/EEC on alcohol tables which provides for a total harmonisation. The instruments 
described in each directive must be accepted by Member States and this was useful in the 
1970s when there were trade barriers due to di ffering Member State regulation. In addition to 
applying the Directives, Member States were allowed to have natio nal laws containing 
technical specifications different  from the Directives. These na tional laws have often been 
further developed to keep pace with technologic al progress and are base d on international or 
European standards and contain mutual reco gnition clauses giving the requirement that 
instruments with similar level of performance are accepted as well. It should also be noted 
that both international and European standard s are voluntary and do no t require national law 
or harmonised directives in order to be app lied by manufacturers and will often be the most 
used technical specificati on if there is  no regulation. 
1.2. The need for review 
From the public consultation and an external st udy, it appears that ther e are no obstacles to 
trade in the 6 sectors covered by the 8 old approach Directives. It  is also apparent that the 
Directives concern instruments increasingly le ss in use. Technological advance has been 
taken into account by international standards and additiona l national legislation based on the 
principle of mutual recognition. In particular wi th regard to the alcohol measurement of wines 
and spirit drinks and determining the ma ss of grain, existing European regulations
1already 
refer to international st andards including the inte rnational standards for alcohol tables, thereby 
retaking for the most part the substance of Directive 76/766/EEC on alcohol tables.  
As international standards exist, also for th e outdated technologies an d alcohol tables, it 
would seem reasonable to expect that Member States, who as a conseq uence of subsidiarity 
would choose to maintain their current provision s in case the Directives  were repealed, would 
in doing so not resurrect new ba rriers to trade. The expecta tion is that there would be no 
change compared to the current situation.  
                                                 
1 Commission Regulation (EEC) No 2676/90 of 17 September 1990 determining Community methods 
for the analysis of wines (OJ L 272, 3.10.1990, p.1), Commission Regulation (EC) No 2870/2000 of 19 
December 2000 laying down Community reference methods  for the analysis of sp irit drinks (OJ L 333, 
29.12.2000, p.20) and Commission Regulation 824/2000 of 19 April 2000 establishing procedures for 
the taking-over of cereals by intervention agencies and laying down methods for analysis for 
determining the quality of cereals (OJ L 100, 20.04.2000, p.31).  
EN 3   EN 1.3. Impact assessment of policy alternatives 
As part of the polic y on better regulation2 the Commission implemented an impact assessment 
of policy alternatives, which considered three alternatives: no action, repealing the Directives 
and repeal combined with extending the scope of Directive 2004/22/EC on measuring 
instruments to include the instrume nts in the repeal ed directives. 
On the basis of impact assessment as such, there is no preferred option. This is due to the lack 
of trade barriers and due to the dire ctives being increasingly less used.  
The repeal of the 8 metrology Directives would be in line with the Co mmission’s approach to 
simplify the acquis of European law by repealing obsolete legislative acts3, which have little 
or no practical impact and therefore have beco me irrelevant. It would also be fully in 
accordance with the principle of subsidiarity.  
The option of a repeal combined with extend ing the scope of Direc tive 2004/22/EC does not 
appear appropriate, as a harmonisation is not necessa ry. This is due to the fact that the current 
situation of mutual recognition of the natio nal rules based upon international standards 
functions satisfactorily and there are no problems for free mo vement. Furthermore, there is no 
evidence of a common need for a higher le vel of consumer protection. In addition, a 
substantial number of Member States are e xpected, in the case of extending the scope of 
Directive 2004/22/EC, to make use of the possi bility, provided for in Article 2 of that 
Directive to optout of the harmonisation.  
2. A IMS AND OBJECTIVES OF THE PROPOSAL  
2.1. Simplification and better regulation 
It is proposed for the reasons set out above, to  repeal the 8 directives. Whilst the options, 
repeal or re-regulation, are bot h possible outcomes of the si mplification objective and both 
will fully achieve the objective of simplification,  the option of repeal will entail less overhead 
at the European level and reduce the quantity of European legislation, whilst maintaining fully 
the internal market.  
2.2. Legal Basis 
The legal basis for the 8 existing Directiv es is Article 95 of  the EC Treaty.  
3. C OHERENCE WITH COMMUNITY PRINCIPLES  
3.1. Proportionality 
The repeal is proportionate in the sense that  the directives concer n technology that is 
becoming out of date and in most cases are fu lly covered by internati onal standards. National 
authorities currently use the WELMEC type approval agreement in order to exchange 
information for purposes of market surveillanc e in the non-harmonised field and periodic in-
service controls for new technology and this sy stem could also be implemented for national 
law on old technologies once the di rectives have been repealed. 
                                                 
2 Interinstitutional Agreement on better law-making, OJ C321, 31.12.2003, p1, and European 
Governance: Better lawmaking, COM(2002) 275 final, 5.6.2002 
3 Implementing the Community Lisbon programme: A strategy for the simplification of the regulatory 
environment, COM(2005)535  
EN 4   EN 3.2. Subsidiarity 
Given the apparent lack of cons traints and non-existing trade ba rriers, also in the case of 
technologically more developed instruments, it w ould appear that there is no need to replace 
current harmonisation by new Community law. In  line with the principle of subsidiarity 
Member States are left to decide whether they  want to regulate and if so, they are bound to 
base such national regulation on international sta ndards and mutual recognition. In fact, 
Member States have already been able to do so and the effect of repeal is that this freedom 
will remain unchanged. 
4. C OHERENCE WITH COMMUNITY POLICIES  
4.1. Competitiveness 
The existing Directives are virtually not app lied and have been in practice superseded by 
national laws based on interna tional standards which take into  account technological progress. 
The free movement of goods is ensured due to the satisfactory application of the mutual 
recognition principle. Where needed, consumer protection is thereby assured, whilst mutual 
recognition relieves manufacturers of multiple conformity assessment.  
4.2. Sustainable development 
If a trade-off between protection benefits and ad ministrative costs exists for weights and tyre 
pressure gauges, harmonisation is nowhere requ ired in the light of an common policy need. 
National regulation based on international standa rds and the principle of mutual recognition 
can be equally effective as harmonisation.  
4.3. Other Community policies 
In the case of alcohol measurement of wines a nd spirit drinks and determining the mass of 
grain, existing European regulations4 already refer to international standards including the 
international standards for alcohol tables. Di rective 76/766/EEC on alcohol tables has for the 
most part been retaken in Community re gulations which will remain in force. 
5. R EFERENCE TO THE WORK PROGRAMME  
The proposal is mentioned in the 2008 Commission legislative and work program5. 
6. R ELEVANCE FOR THE EEA   
This proposal is covered by the Agre ement on the European Economic Area. 
7. E XTERNAL CONSULTATION  
Stakeholders were consulted du ring the 8-week period up to 15 July 2008. The 14 reactions 
have been published on the Europa web site  and presented in th e report on the public 
                                                 
4 Commission Regulation (EEC) No 2676/90 of 17 September 1990 determining Community methods 
for the analysis of wines (OJ L 272, 3.10.1990, p.1), Commission Regulation (EC) No 2870/2000 of 19 
December 2000 laying down Community reference methods  for the analysis of sp irit drinks (OJ L 333, 
29.12.2000, p.20) and Commission Regulation 824/2000 of 19 April 2000 establishing procedures for 
the taking-over of cereals by intervention agencies and laying down methods for analysis for determining the quality of cereals (OJ L 100, 20.04.2000, p.31). 
5 COM(2007)640, p33 - Metrology: Extension of the scope of Directive 2004/22/EC on measuring 
instruments and repeal of 8 "old approach" metrology Directives :  
EN 5   EN consultation. Manufacturers do not report barriers to trade that would justify additional 
harmonisation through EU regulation. Consumers and buyers of instrume nts did not report 
lack of protection. Authorities did not repor t overriding policy needs that would require 
harmonisation. 
Simultaneously an external consultant study was commissioned, the results of which have 
been published on the Europa web. It estimated th at the 6 sectors covere d by the 8 directives 
are small and there is no mention by stakeholders  of any barriers to trade. It was noted that 
technological progress is bein g taken into account by means of voluntary international and 
European standardisation. 
The Commission’s minimum standards have b een met and no reactions were excluded.  
EN 6   EN 2008/0227 (COD) 
Proposal for a 
DIRECTIVE OF THE EUROPEAN PA RLIAMENT AND OF THE COUNCIL  
repealing Council Directives 71/317 /EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 
75/33/EEC, 76/765/EEC, 76/766/EEC, and 86/217/EEC regarding metrology 
(Text with EEA relevance) 
THE EUROPEAN PARLIAMENT AND THE CO UNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty esta blishing the European Communit y, and in particular Article 
95 thereof, 
Having regard to the proposal from the Commission6, 
Having regard to the opinion of the Eu ropean Economic and Social Committee7, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 
Whereas: (1) Community policies on better regulation stress the importance of simplification of 
national and Community legislation as a crucial element in improving the competitiveness of enterprises and achiev ing the objectives of the Lisbon Agenda. 
(2) A number of measuring instruments are covered by specific Dir ectives adopted on the 
basis of Council Directive 71/316/EEC of 26 July 1971 on the approximation of the 
laws of the member States relating to common provisions for both measuring 
instruments and methods of metrological control
9. 
(3) Council Directives 71/317/ EEC of 26 July 1971 on the ap proximation of the laws of 
the Member States relating to 5 to 50 k ilogramme medium accuracy rectangular bar 
weights and 1 to 10 kilogramme me dium accuracy cylindrical weights10, 71/347/EEC 
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 grain11, 71/349/EEC of 12 
October 1971 on the approximation of the laws  of the Member States relating to the 
calibration of the tanks of vessels12, 74/148/EEC of 4 March 1974 on the 
approximation of the laws of the Member Stat es relating to weights of from 1 mg to 50 
kg of above-medium accuracy13, 75/33/EEC of 17 December 1974 on the 
approximation of the laws of the Member States relating to cold-water meters14, 
                                                 
6 OJ C, p. . . 
7 OJ C, p. . . 
8 OJ C, p. . . 
9 OJ L 202, 6.9.71, p.1. 
10 OJ L 202, 6.9.71, p.14. 
11 OJ L 239, 25.10.71, p.1. 
12 OJ L 239, 25.10.71, p.15. 
13 OJ L 84, 28.3.74, p.3. 
14 OJ L 14, 20.1.75, p.1.  
EN 7   EN 76/765/EEC of 27 July 1976 on the approximation of the laws of the Member States 
relating to alcoholometers and alcohol hydrometers15, 86/217/EEC of 26 May 1986 on 
the approximation of the laws of the Member States relating to tyre pressure gauges 
for motor vehicles16, adopted on the basis of Council Directive 71/316/EEC, are either 
technically outdated, not refl ecting the state of the art in measurement technology or 
concern instruments not subject to technologi cal development and increasingly less in 
use. Furthermore, national provisions are allowed to exist alongside the Community 
provisions. 
(4) While Council Directive 76/766/EEC of 27 July 1976 on the approximation of the 
laws of the Member States  relating to alcohol tables17 provides for a total 
harmonisation, most of its content is in cluded in the Community Regulations on 
alcohol measurement of wines and spirit  drinks, namely Commission Regulation 
(EEC) No 2676/90 of 17 September 1990 de termining Community methods for the 
analysis of wines18 and Commission Regulation (E C) No 2870/2000 of 19 December 
2000 laying down Community reference methods  for the analysis of spirit drinks19. 
The international standards for alcohol tables  are identical to those provided for in 
Directive 76/766/EEC and they can continue to be the base for national regulation.  
(5) Technical progress and innova tion with regard to measur ing instruments covered by 
the Directives being repealed is ensured in practice either by the voluntary application 
of the international and European standa rds which have been developed or by the 
application of national provi sions implementing such new specifications. Furthermore, 
the free circulation within the internal ma rket of all products concerned by them is 
ensured by the satisfactory appl ication of Articles 28 to 30 of  the EC Treaty and of the 
mutual recognition principle. 
(6) The repeal of the Directives should not l ead to any new barriers to the free movement 
or to additional administrative  burdens. Furthermore, while respecting the pr inciples of 
proportionality and subsidiar ity, there is no evidence of a common need for a higher 
level of consumer protection. 
(7) Directives 71/317/EEC, 71/347/ EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 
76/765/EEC, 76/766/EEC and 86/217/EEC s hould therefore be repealed. 
(8) The repeal of the Directives should not affect existing EEC pattern approvals and EEC 
certificates until the end of their validity,  
HAVE ADOPTED THIS DIRECTIVE: 
Article 1 
Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 
76/766/EEC and 86/217/EEC are repealed wi th effect from {1 January 2010}. 
                                                 
15 OJ L 262, 27.9.76, p.143. 
16 OJ L 152, 6.6.86, p.48. 
17 OJ L 262, 27.9.76., p.149. 
18 OJ L 272, 3.10.1990, p.1. 
19 OJ L 333, 29.12.2000, p.20.  
EN 8   EN Article 2 
 
1. Member States shall adopt and publish, by {31 December 2009} at the latest, the 
laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicat e to the Commission the text of those 
provisions and a correlation table between  those provisions and this Directive. 
They shall apply those pr ovisions from {1 January 2010}. 
When Member States adopt those provisions,  they shall contain a reference to this 
Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determin e how such reference is to be made. 
2. Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 
Article 3 
EEC pattern approvals and EEC certificates  issued until {31 D ecember 2009} under the 
Directives referred to in Article 1 shall remain valid. 
Article 4 
This Directive shall enter into force on the tw entieth day following that of its publication in 
the Official Journal of  the European Union . 
Article 5 
This Directive is addressed to the Member States. 
Done at Brussels,  
For the European Parliament For the Council 
The President The President