31. 7. 89 Official Journal of the European Communities No C 194/1 
II 
(Preparatory Acts) 
ECONOMIC AND SOCIAL COMMITTEE 
Opinion on the proposal for a Council Directive on the harmonization of the laws of the 
Member States relating to non-automatic weighing instruments (*) 
(89/C 194/01) 
On 16 December 1988, the Council decided, in accordance with Article 198 of the Treaty 
establishing the European Economic Community, to consult the Economic and Social Com­
mittee on the abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services was instructed to prepare the work 
on this topic and adopted its Opinion on 3 May 1989. Rapporteur: Mr Pearson. 
The Economic and Social Committee, at its 266th plenary session, meeting on 31 May 1989, 
adopted unanimously the following Opinion. 
1. Introduction 
The Committee takes note of the need for a Council 
Directive concerning the approximation of Member 
States' laws relating to non-automatic weighing 
machines. The prevalence of electronic weighing 
machines is such that Directive 73/360/EEC is now out 
of date as it did not cover such machines. Reliance on 
the veracity of weighing machines is necessary in many 
industries and of vital importance to consumers' confi­
dence and protection. 
The Committee approves the Commission proposal 
subject to the following comments concerning individ­
ual Articles and Annexes. 
Further noted are the facts that the drafting is in accord­
ance with the 'new approach' and that it is based on 
the international recommendation of the International 
Legal Metrology Organization (ILMO). The categories 
of application set out in 'The field of application' are 
acceptable to the Committee. 
2. Articles 
Article 1 
The definitions are agreed with the following amplifi­
cation needed: 
(') OJ No C 55, 4. 3. 1989, p. 6. 1.1. The question of 'add-on devices' is not suf­
ficiently provided for; 
1.2.(a)3. 'Expert Opinion': it needs to be clear that 
this does not refer only to litigation; 
1.2.(a)4. 'Health monitoring, diagnosis and treat­
ment' should include the manufacture of medicines. 
Article 2 
... 'taken into service' leaves the implementation open 
as to whether only new machines are subject to the 
Article or whether second hand machines are also 
required to comply. In the case of electrically powered 
machines there appears to be no provision for the safety 
of the user—either in Article 2 or in Annex 2 (1.2). If 
it is the understanding of the Commission that the 
health and safety of the operative(s) is covered in those 
Directives catering for such health and safety, then 
reference should be made to it in this Article. 
No C 194/2 Official Journal of the European Communities 31. 7. 89 
Article 3 (3.2) 
The second paragraph should be redrafted so that the 
manufacture is in accordance with sound engineering 
practice recognized in the Member States. 
Article 4 
This Article is acceptable but it must be recognized that 
the door is open to third countries imports into the 
Community. The Commission should be encouraged to 
support further development of this particular product 
making use of the most advanced Community state of 
the art. 
Article 6 
'Without delay' is too vague. A definite period of say 
2 months should be fixed. 
Articles 7(3) and 11 
The Commission should be obliged to publish in the 
Official Journal details of the withdrawal of a CE mark 
of conformity, EC type approval or approval of a 
quality system in the same terms as at Article 5(2). 
Article 11 
The competent notified authority is not likely to be the 
body which approves quality systems in the Member 
State: this means that the last paragraph of this Article 
needs redrafting. 
Article 12 
'Not permitted for trade purposes' might exclude medi­
cal practice and thus new wording should be found. 
Article 13 
Reverification after repair, modification or reassembly 
is extremely important but is a subject, together with 
regular in-service inspection which is the responsibility 
of the individual Member States. National legislation 
should ensure that the relevant monitoring authorities 
are enabled to carry the pertinant reverification of 
machines and it would be desirable that there should 
be a harmonized approach to the matter. 
Article 14 
The Committee agrees with this Article insofar that 
machines still in service at the time of application of 
this Directive and conforming to Directive 73/360/EEC 
may continue to be used. As however that Directive only caters for non-electrically powered machines it 
should be made clear that this category will be covered 
as well. 
Annex 1 
1. Units of mass. The Committee wonders whether any 
specific mention should be made of imperial units or 
non-SI units since this lends them an apparent credence. 
2.1. (Table 1.) A reduced minimum capacity for weigh­
ing instruments used in the calculation of fees, rates 
and duties should be further considered. 
4.2 + 5 + 6. If any minimum requirements are to be 
fixed (as in Annex 1 — 5 + 6) then they must be more 
specific and quantified. 
7.3. '... power supply within the limits of normal fluctu­
ation.' This is too imprecise, not making it clear 
whether the fluctuation refers to normal electrical 
power supply fluctuation in a Member State or if the 
average of the Community. The recommendations of 
the International Electrotechnical Commission (IEC) 
could well be used in this case. 
8.3. '... significant durability errors' needs a coherent 
explanation. 
9. (First paragraph page 24.) The first sentence should 
be redrafted to convey that the auxiliary indicating 
device must only be to less than one least significant 
digit. 
Annex 2 
1.2. In relation to Article 2 the Committee believes 
that the application document in the case of machines 
incorporating electronic devices conform to the appro­
priate electrical safety regulations. This should be 
included in 1.2. 
3.2. Verification. The Committee questions whether 
the standards required, and referred to in Article 5, 
are not sufficient and adequate. The 'equivalent tests' 
appear to be inappropriate within the concept of general 
harmonization. 
Annex 3 
The phrase '... descriptions of the solutions adopted to 
meet the essential requirements where the standards 
referred to in Article 5 have not been applied' should 
be dropped, so that technical progress is not hampered. 
31. 7. 89 Official Journal of the European Communities No C 194/3 
So much documentation already has to be submitted 
that this additional requirement would merely deter the 
manufacturer. Merely outlining the technical solutions 
adopted ought to be enough. 
Annex 4 [point 1 (b)j 
a) The number of the EC-type examination should be 
added to the list of inscriptions which instruments 
are required to carry. 
b) The problem of gravitational variation when a 
machine is moved from one area to another can be 
solved by the machine being stamped with the value 
'little g' (*) or the identification of the gravitational 
(') 'Little g' = local value of the gravitational constant. zone for which it has been adjusted. Where 
machines have self adjusting gravitational mechan­
ism or where the machine has a low resolution 
(which would not be affected) the machine should 
be so clearly marked. 
Annex 5 
The Committee understands that the criteria to be 
applied by Member States when designating bodies 
referred to in Article 8 is currently the subject of a 
Commission draft proposal. Annex 5 as drafted in the 
current document should therefore be withdrawn when 
the new Commission proposal is completed and the 
latter then substituted for it. 
Done at Brussels, 31 May 1989. 
The Chairman 
of the Economic and Social Committee 
Alberto MASPRONE 
Opinion on the proposal for a Council Directive amending, particularly as regards motor 
vehicle liability insurance, first Council Directive 73/239/EEC, and second Council Directive 
88/357/EEC on the coordination of laws, regulations and administrative provisions relating 
to direct insurance other than life assurance and laying down provisions to facilitate the 
effective exercise of freedom to provide services and amending Directive 73/239/EEC 
(89/C 194/02) 
On 16 January 1989, the Council decided to consult the Economic and Social Committee 
under Article 57 paragraph 2 of the Treaty establishing the European Economic Community, 
on the abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing 
the Committee's work on the subject, adopted its Opinion on 3 May 1989. The rapporteur 
was Mr Speirs. 
At its 266th plenary session (meeting of 31 May 1989), the Economic and Social Committee 
unanimously adopted the following Opinion. 
Subject to the comments which follow, the Committee 
welcomes the Commission's proposals as a modest 
step towards liberalizing the market in motor vehicle 
insurance; it introduces greater competition between 
insurance companies while trying to avoid any difficult­
ies which may result from the freedom to provide 
services for those who are involved in accidents caused 
by a motor vehicle which is insured by a company 
established outside their own Member State. 1. General comments 
1.1. Freedom to provide services in motor vehicle 
insurance 
1.1.1. When the second Council Directive on the 
coordination of laws, regulations and administrative 
provisions relating to direct insurance other than life