COUNCIL DIRECTIVE of 5 April 1977 on the approximation of the laws of the Member States relating to measuring systems for liquids other than water (77/313/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 in each Member State the construction and methods of control of measuring systems for liquids are subject to mandatory provisions which differ from one Member State to another and consequently hinder trade in such systems ; whereas it is therefore necessary to approximate these provisions;
Whereas 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 (3), as last amended by Directive 72/427/EEC (4), has laid down the EEC pattern approval and EEC initial verification procedure for measuring instruments ; whereas, in accordance with that Directive, the technical requirements for the design and functioning of measuring systems for liquids other than water should be laid down;
Whereas Council Directive 71/319/EEC of 26 July 1971 on the approximation of the laws of the Member States relating to meters for liquids other than water (5) and Council Directive 71/348/EEC of 12 October 1971 on the approximation of the laws of the Member States relating to ancillary equipment for meters for liquids other than water (6) have already laid down the technical design and operational requirements which such meters must satisfy ; whereas it is specified in Directive 71/319/EEC that measuring systems including one or more meters for liquids other than water must be the subject of a separate Directive,
HAS ADOPTED THIS DIRECTIVE:
Article 1
This Directive shall apply to measuring systems for liquids other than water incorporating volumetric meters in which the liquid causes the movement of mobile walls of measuring chambers.
Article 2
Those measuring systems which may bear EEC signs and marks are described in the Annex hereto. They shall be subject to EEC pattern approval if the provisions of the Annex so require and shall undergo EEC initial verification under the conditions laid down in the Annex hereto.
Under the conditions laid down in the Annex, EEC pattern approval may also be granted to measuring system components and sub-assemblies.
Article 3
No Member State may, on the grounds of their metrological properties, refuse, prohibit or restrict the placing on the market or the use of measuring systems for liquids (1)OJ No C 125, 8.6.1976, p. 43. (2)OJ No C 131, 12.6.1976, p. 53. (3)OJ No L 202, 6.9.1971, p. 1. (4)OJ No L 291, 28.12.1972, p. 156. (5)OJ No L 202, 6.9.1971, p. 32. (6)OJ No L 239, 25.10.1971, p. 9.
other than water bearing the signs and marks provided for in this Directive as specified by Directive 71/316/EEC.
No Member State may, on grounds of their metrological properties, refuse, prohibit or restrict the placing on the market of measuring system components and sub-assemblies bearing the EEC pattern approval sign.
Article 4
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive within 18 months of its notification and shall forthwith inform the Commission thereof.
2. Member States shall communicate to the Commission the text of the provisions of national law which they adopt in the field covered by this Directive.
Article 5
This Directive is addressed to the Member States.
Done at Luxembourg, 5 April 1977.