10. 7. 90 Official Journal of the European Communities No C 167/5 
II 
(Preparatory Acts) 
COMMISSION 
Re-examined proposal for a Council Directive on the approximation of the laws of the Member 
States relating to non-automatic weighing instruments (J) 
COM(90) 276 final — SYN 174 
(Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty on 22 June 1990) 
(90/C 167/03) 
The Commission is able to accept the Council common position as set out in document 
10084/1/89 of 22 December 1989, subject to the following amendments: 
Amendment of Article 13 
(Amendment No 7) 
1. Instruments that bear the EC mark of conformity and are used for any of the applications 
referred to in Article 1 (2) (a) shall be inspected every two years in order to ensure that they 
are still in conformity with the type as described in the type-approval certificate (if applicable) 
and satisfy those requirements of this Directive that apply to them. 
2. They should be re-verified: 
(a) if, on inspection, they are no longer in conformity with the type as described in the type-
approval certificate, where applicable, and/or do not meet those requirements of this 
Directive that apply to them; 
(b) after repair, modifications or reassembly; 
(c) after relocation in a geographical area with a gravity value that is sufficiently different to 
justify re-verification, in particular error of indication. 
3. The appropriate tests as set out in the relevant standards as referred to in Article 5, or 
equivalent tests, shall be carried out in the event of inspection or re-verification. The maximum 
permissible error limits shall be those specified in Annex I, item 4.2 in the case of an inspection, 
and those specified in Annex I, item 4.1 in the case of re-verification. 
4. The inspections and re-verifications shall be carried out by bodies that have been auth­
orized for that purpose by the Member States. 
(') OJ No C 297, 25. 11. 1989, p. 13 (COM(89) 553 final — SYN 174). 
No C 167/6 Official Journal of the European Communities 10. 7. 90 
Amendments rejected by the Commission together with its comments 
AMENDMENT No 1 
(Recital 9 bis) 
Text proposed by the Parliament 
Whereas the Standing Committee set up under Directive 83/189/EEC will be given important 
new responsibilities under the present Directive; whereas it is essential to ensure that it be given 
proper resources and take its decisions within an adequate time frame; 
Commission position 
The Commission cannot accept this amendment for the following reasons: 
The Article 6 to which this recital refers concerns the 83/189/EEC Committee, which is the 
competent body for the management of the harmonized standards in all of the sectors 
harmonized by the 'new approach' Directive. 
The Commission feels that the directives on the various sectors concerned must not impose the 
management rules of the 83/189/EEC Committee which will ensure that account is taken of 
the specific nature of each sector. The Commission therefore feels that this recital is unjustified. 
AMENDMENT No 2 
(Recital 9 ter) 
Text proposed by the Parliament 
Whereas the restrictions of all kinds on the marketing of non-automatic weighing instruments 
should gradually be removed throughout the European Community; 
Commission position 
Amendment No 2 cannot be accepted by the Commission since the principles set out therein 
are set out in recital 3 in the common position of the Council. 
AMENDMENT No 3 
(Recital 9 quater) 
Text proposed by the Parliament 
Whereas the Commission should, as soon as possible, enter into negotiations with non-member 
countries in order to determine whether a system of declaration of production conformity can 
be established on a bilateral or multilateral basis between the European Community and such 
countries; 
10. 7. 90 Official Journal of the European Communities No C 167/7 
Commission position 
The Commission cannot accept this amendment for the following reasons: 
Negotiations with non-member countries on matters concerning tests and the assessment of 
conformity will take place as pan of the appropriate discussions and negotiations. It would be 
unsuitable to introduce a recital on this matter into this Directive. 
AMENDMENT No 4 
(Article 6 first paragraph) 
Common position of the Council 
Whereas a Member State or the Commission considers 
that the harmonized standards referred to in Article 5(1) 
do not fully meet the essential requirements referred to 
in Article 3, the Commission or the Member State 
concerned shall bring the matter before the Standing 
Committee set up under Directive 83/189/EEC, here­
inafter referred to as 'the Committee', giving its reasons 
for doing so. The Committee shall deliver an opinion 
without delay. Text amended by Parliament 
Where a Member State or the Commission considers 
that the harmonized standards referred to in Article 5(1) 
do not fully meet the essential requirements referred to 
in Article 3, the Commission or the Member State 
concerned shall bring the matter before the Standing 
Committee set up under Directive 83/189/EEC, here­
inafter referred to as 'the Committee', giving its reasons 
for doing so. The Committee shall deliver an opinion 
within three months. An extra period of one month may 
be granted if justified for specific technical reasons. 
Commission position 
The above amendment cannot be accepted by the Commission since the subjects laid before the 
83/189/EEC Committee may be complex and require intensive analysis which must therefore 
not be subjected to timetable constraints. However, the Commission will ensure that these 
procedures are performed as quickly as possible. 
AMENDMENT No 5 
(Article 8 (2) (bis)) 
Text proposed by the Parliament 
The EC declaration of type conformity (guarantee of production quality) as referred to in 
Article 8(1) above shall be limited to manufacturers or their authorized representatives whose 
quality system has been approved by a notified body within the European Community pursuant 
to the provisions of Annex II, point 2. 
Commission position 
The Commission is unable to accept this amendment since it would duplicate other provisions. 
Indeed, its aim has already been incorporated in Article 9 and in Annex II, point 2, to the 
common position of the Council. 
Moreover, the file on the 'Overall Approach as regards Certification' sets out in detail certain 
administrative aspects of the notification procedures used by the certifying bodies. 
No C 167/8 Official Journal of the European Communities 10. 7. 90 
AMENDMENT No 6 
(Article 9 (3) (bis)) 
Text proposed by the Parliament 
Where a Member State or the Commission considers that a designated body in a Member State 
does not meet the minimum criteria referred to in Annex V, the matter shall be brought before 
the Committee, which shall deliver its opinion within three months. In the light of the 
Committee's opinion the Commission shall inform the Member States concerned of any 
changes needed if that body is to retain its recognized status. 
Commission position 
The Commission is unable to accept this amendment since it involves assigning to the 
83/189/EEC Committee tasks for which it is not competent and where consultation of a 
Committee is not justified. Indeed, as part of the monitoring of the proper implementation of 
secondary legislation the Commission should ensure that only the competent bodies are 
notified.