No C 247/22 Official Journal of the European Communities 1. 10. 79 
factors that do not apply to actual lawn mowers on an 
actual measuring site. 
For example, the sound power measured according to 
the Annex of the proposed Directive would be 
significantly higher than the sound power of the same 
mower calculated from the measuring results of the test 
method as used in existing German legislation. The data 
used to establish sound limits were all based on this last 
method. 
This discrepancy between the two methods has very 
serious implications. An analysis of 1978 model mowers 
on the German market e.g. shows 148 out of 149 
(100 %) models to comply with step 1 limits if the sound 
Done at Brussels, 17 July 1979. 
The full text of the opinion is as follows: 
THE ECONOMIC AND SOCIAL COMMITTEE, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 100, 
Having regard to the request made by the Council of the 
European Communities on 6 February 1979 for an 
opinion, power is calculated from the German test method, but 
only 114 (77%) would comply with the method as 
proposed by the Commission. 
To avoid these implications, the report accompanying 
this opinion provides a revised text for the Annex which 
ensures continuity with the German test method but 
which also provides for the application of the principles 
of sound power measurements according to ISO. 
The Committee considers it vital that this test method is 
used to control the step 1 limits of Article 2. When 
setting the step 2 limits of Article 3 the test method may 
be simultaneously harmonized with then-current ISO 
Standards. 
The Chairman 
of the Economic and Social Committee 
Raffaele VANNI 
Having regard to the decision taken by its Bureau on 
20 February 1979 instructing the Section for Industry, 
Commerce, Crafts and Services to draw up an opinion on 
the matter, 
Having regard to the opinion issued by the Section for 
Industry, Commerce, Crafts and Services at its meeting 
held on 4 July 1979, Opinion on the proposal for a Council Directive amending Directive 71/316/EEC on the 
approximation of the laws of the Member States relating to common provisions for both 
measuring instruments and methods of metrological control 
The text referred to the Committee has been published in Official Journal of the European 
Communities No C 42 of 15 February 1979, page 9. 
A. LEGAL BASIS FOR THE OPINION 
On 6 February 1979 the Council referred the abovementioned proposal to the Economic and 
Social Committee in accordance with Article 100 of the Treaty establishing the European 
Economic Community. 
B. OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE 
The Economic and Social Committee prepared its opinion on the above matter at its 170th 
plenary session held in Brussels on 17 and 18 July 1979. 
1. 10. 79 Official Journal of the European Communities No C 247/23 
Having regard to the report submitted by the rapporteur, 
Mr Breitenstein, 
Having regard to the discussions at its 170th plenary 
session held on 17 and 18 July 1979 (meeting of 17 July 
1979), 
HAS ADOPTED THE FOLLOWING OPINION 
unanimously: 
1. The Committee welcomes the proposed Directive, 
which is of considerable importance both to the 
measuring instrument industry and to consumers within 
the Community. It would, however, make the following 
comments: 
2. The Committee welcomes the two alternative 
approaches provided in the proposal for achieving 
metrological security, leaving a free choice to the 
manufacturer of the method to be used. The Commission 
should, however, re-examine the design proving tests and 
the checking circuit provisions to ensure that they are no 
more stringent than necessary. The Commission should 
also be vigilant in the preparation of the vertical 
directives to ensure that the 'free-choice' principle is not 
subsequently eroded. 
3. The Committee believes that compliance with the 
requirements of the Directive will lead to the need for 
more tests as well as for the acquisition by the 
manufacturer of special and more expensive equipment, 
which, in certain cases, could lead to more expensive 
products. 
Therefore, the Committee urges the Commission to 
re-examine the possibility of providing adequate 
consumer safeguards with a less complicated series of 
tests, particularly in view of the safeguards which already 
exist in the metrological control of measuring 
instruments in service. Furthermore, a reduction of costs 
Done at Brussels, 17 July 1979. can be obtained by avoiding double testing and therefore 
the Committee invites the Commission to simplify this 
procedure where possible by utilizing the principle of 
quality assurance at the factory of the manufacturer. 
4. The complex nature of modern measuring 
instruments necessitates close liaison and dialogue 
between the metrological service and the manufacturer 
during the pattern approval and verification procedures. 
It is also desirable that initial verification takes place as 
far as possible at the place of final assembly, where 
adequate facilities are available in order to check 
conformity with the approved pattern. 
5. EEC verification is usually conducted by the 
Metrological Service. It may be possible for this to be 
done by other authorized institutions or by authorized 
manufacturers' experts. The capability and facilities for 
testing varies between the Member States. This can give 
disadvantages to manufacturers when certain 
complicated instruments are to be verified. 
In order to avoid competition distortions, it must be 
ensured that all manufacturers will be submitted to the 
same level of EEC verification. 
6. The Committee wishes to emphasize once more the 
importance of the Community obtaining reciprocity 
from third countries which export to its market, in 
accordance with the basic principles of GATT. 
7. The Committee believes that the present Directive, 
and the associated vertical Directives, should be 
re-examined in the light of these comments, before 
adoption. As for the latter, there should, however, be 
sufficient delay of implementation - which should not be 
less than two years — so that manufacturers have 
adequate time to ensure their equipment meets the 
adopted technical requirements. 
8. The Committee wishes to draw the Commission's 
attention to a number of technical comments which are 
contained in its report. 
The Chairman 
of the Economic and Social Committee 
Raffaele VANNI