Common Position (EC) No 51/2003 of 22 July 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a directive of the European Parliament and of the Council on measuring instruments (Text with EEA relevance)
Date: 2003-07-22
Institutions: Council of the European Union
Subjects: approximation of laws, harmonisation of standards, measuring equipment, metrology

21.10.2003

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 51/2003

adopted by the Council on 22 July 2003

with a view to adopting Directive 2003/. . ./EC of the European Parliament and of the Council of
. . . on measuring instruments

(2003/C 252 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF
THE EUROPEAN UNION,

indirectly, may require the use of
measuring instruments.

legally controlled

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission (1),

(3) Legal metrological control should not lead to barriers to
the
free movement of measuring instruments. The
provisions concerned should be the same in all Member
States and proof of conformity accepted throughout the
Community.

Having regard to the opinion of the European Economic and
Social Committee (2),

Acting in accordance with the procedure laid down in Article
251 of the Treaty (3),

Whereas:

the laws of

(1) A number of measuring instruments are covered by
specific directives, adopted on the basis of Council
Directive 71/316/EEC of 26 July 1971 on the approxi-
the Member States relating to
mation of
common provisions for both measuring instruments and
methods of metrological control (4). Specific directives that
are technically outdated should be repealed and replaced
by an independent directive reflecting the spirit of the
Council Resolution of 7 May 1985 on a new approach
to technical harmonisation and standards (5).

(2) Correct and traceable measuring instruments can be used
for a variety of measurement tasks. Those responding to
reasons of public interest, public health, safety and order,
protection of
the environment and the consumer, of
levying taxes and duties and of fair trading, which affect
the daily life of citizens in many ways directly and

(1) OJ C 62 E, 27.2.2001, p. 1, and OJ C 126 E, 28.5.2002, p. 368.
(2) OJ C 139, 11.5.2001, p. 4.
(3) Opinion of the European Parliament of 3 July 2001 (OJ C 65 E,
14.3.2002, p. 34). Council Common Position of 22 July 2003 and
Decision of the European Parliament of . . . (not yet published in the
Official Journal).

(4) OJ L 202, 6.9.1971, p. 1. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(5) OJ C 136, 4.6.1985, p. 1.

(4) Legal metrological

control

requires

conformity with
specified performance
requirements. The performance
requirements that the measuring instruments must meet
should provide a high level of protection. The conformity
assessment should provide a high level of confidence.

(5) Member States should retain the option of prescribing
legal metrological
legal metrological
control
is prescribed, measuring instruments complying
with common performance requirements should be used.

control. Where

(6) The responsibilities of the manufacturer for compliance
should be

requirements of

this Directive

with the
specifically stated.

to the

environment, particular

(7) The performance of measuring instruments is particularly
electro-
sensitive
environment.
of measuring
magnetic
to electromagnetic interference forms an
instruments
integral part of
immunity
requirements of Council Directive 89/336/EEC of 3 May
1989 on the approximation of the laws of the Member
States relating to electromagnetic compatibility (6) should
therefore not apply.

this Directive

Immunity

and the

the

(8) Community

should

specify

legislation

essential
requirements that do not impede technical progress, pref-
erably performance requirements. Provisions for removing
technical barriers to trade should follow the Council
Resolution of 7 May 1985 on a new approach to
technical harmonisation and standards.

(6) OJ L 139, 23.5.1989, p. 19. Directive as last amended by Directive

93/68/EEC (OJ L 220, 30.8.1993, p. 1).

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(9)

in climatic
to take account of differences
In order
conditions or of different levels of consumer protection
that may apply at national
level, essential requirements
may give rise to the establishment of environmental or
accuracy classes.

on the market and/or put into use. Adequate cooperation
among the competent authorities of the Member States is
therefore necessary to ensure a Community-wide effect of
this objective.

(10) In order to ease the task of proving conformity with the
essential requirements and to enable conformity to be
assessed, it is desirable to have harmonised standards. Such
harmonised standards are drawn up by private-law bodies
and should retain their status as non-mandatory texts. To
this end, the European Committee for Standardisation (CEN),
the European Committee for Electrotechnical Standard-
isation (Cenelec) and the European Telecommunications
Standards Institute (ETSI) are recognised as the competent
bodies
in
accordance with the general guidelines on cooperation
between the Commission and the European standardisation
bodies signed on 13 November 1984.

the adoption of harmonised standards

for

agreed

normative

(11) The technical and performance specifications of
documents may

inter-
nationally
also
comply, in part or in full, with the essential requirements
laid down by this Directive. In those cases the use of these
internationally agreed normative documents can be an
alternative to the use of harmonised standards and,
under specific conditions, give rise to a presumption of
conformity.

(12) Conformity with the essential requirements laid down by
this Directive can also be provided by specifications that
are not supplied by a European technical standard or an
internationally agreed normative document. The use of
European technical standards or
internationally agreed
normative documents should therefore be optional.

(13) The state of the art in measurement technology is subject
to constant evolution which may lead to changes in the
needs for conformity assessments. Therefore,
for each
category of measurement there must be an appropriate
procedure or a choice between different procedures of
equivalent
stringency. The procedures adopted are as
required by Council Decision 93/465/EEC of 22 July
1993 concerning the modules for the various phases of
the conformity assessment procedures and the rules for
the ‘CE’ marking, which are
the affixing and use of
intended to be used in the technical harmonisation
Directives (1). However, derogations may have to be
made for
specific
aspects of metrological control. Provision should be
made for the ‘CE’ marking to be affixed during the fabri-
cation process.

these modules

to reflect

in order

(16) Manufacturers should be informed of

the grounds on
which negative decisions in respect of
their products
were taken, and of the legal remedies available to them.

(17) Manufacturers should be offered the possibility to exercise
the rights obtained before the entry into force of this
Directive, during a reasonable transitional period.

(18) Member States may consider it appropriate to require
measuring instruments which they have subjected to
legal metrological control, and sub-assemblies which
function in relation to them, to continue to meet the
appropriate national requirements in use. The national
specifications which remain should not interfere with the
provisions of this Directive on ‘putting into use’.

(19) The measures necessary for the implementation of this
Directive should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down the
procedures
implementing powers
the exercise of
conferred on the Commission (2).

for

(20) Council Directives 71/318/EEC, 71/319/EEC, 71/348/EEC,
73/362/EEC and 75/33/EEC, as concerns
the meters
defined in Annex MI-001 of this Directive, 75/410/EEC,
76/891/EEC, 77/95/EEC, 77/313/EEC, 78/1031/EEC and
79/830/EEC should therefore be repealed,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope

in

the

defined

function

This Directive applies to the devices and systems with a
measuring
instrument-specific
Annexes concerning water meters (MI-001), gas meters and
volume conversion devices (MI-002), active electrical energy
meters (MI-003), heat meters (MI-004), measuring systems for
continuous and dynamic measurement of quantities of liquids
other than water (MI-005), automatic weighing instruments
(MI-006),
taximeters (MI-007), material measures (MI-008),
dimensional measuring instruments (MI-009) and exhaust gas
analysers (MI-010).

(14) Member States should not

impede the placing on the
market and/or putting into use of measuring instruments
that carry the ‘CE’ marking and supplementary metrology
marking in accordance with the provisions of
this
Directive.

(15) Member States should take appropriate action to prevent
non-complying measuring instruments from being placed

Article 2

Object

This Directive establishes the requirements that the devices and
systems referred to in Article 1 have to satisfy with a view to
their being placed on the market and/or put into use for those
tasks for which a Member State prescribes legal metrological
control.

(1) OJ L 220, 30.8.1993, p. 23.

(2) OJ L 184, 17.7.1999, p. 23.

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This Directive is a specific Directive in respect of requirements
for electromagnetic immunity in the sense of Article 2(2) of
Directive 89/336/EEC. Directive 89/336/EEC continues
to
apply with regard to emission requirements.

(i)

containing
‘normative document’ means
technical specifications adopted by the Organisation Inter-
nationale de Métrologie Légale (OIML).

a document

Article 3

Definitions

For the purposes of this Directive:

(a)

‘measuring instrument’ means any device or system with a
measurement function that is covered by Articles 1 and 2;

(b) ‘sub-assembly’ means a hardware device, mentioned as such
in the specific Annexes, that functions independently and
makes up a measuring instrument together

— with other sub-assemblies with which it is compatible,

or

— with a measuring

instrument with which it

is

compatible;

(c)

(d)

(e)

(f)

(g)

for

the control of

the
‘legal metrological control’ means
measurement
the field of application of a
tasks
measuring instrument, prescribed by the Member States
for reasons of public interest, public health, public safety,
public order, protection of the environment,
levying of
taxes and duties, protection of
the consumers and fair
trading;

‘manufacturer’ means a natural or legal person responsible
for the conformity of the measuring instrument with this
Directive with a view to either placing it on the market
under his own name and/or putting it into use for his own
purposes;

‘placing on the market’ means making available for the first
time in the Community an instrument intended for an
end-user, whether for reward or free of charge;

‘putting into use’ means the first use of an instrument
intended for the end-user for the purposes for which it
was intended;

‘authorised representative’ means a natural or legal person
who is established within the Community and authorised
by a manufacturer,
in writing, to act on his behalf for
specified tasks within the meaning of this Directive;

(h) ‘harmonised standard’ means a technical

specification
adopted by CEN, Cenelec or ETSI or jointly by two or all
of these organisations, at the request of the Commission,
pursuant to Directive 98/34/EC of the European Parliament
and of
the Council of 22 June 1998 laying down a
procedure for the provision of information in the field of
technical
rules on
standards and regulations and of
information society services (1) and prepared in accordance
the
guidelines
with
Commission and the European standards organisations;

between

general

agreed

the

(1) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive

98/48/EC (OJ L 217, 5.8.1998, p. 18).

Article 4

Applicability to sub-assemblies

laying down the essential
Where specific Annexes exist
requirements
this
for
Directive shall apply mutatis mutandis to such sub-assemblies.

the provisions of

sub-assemblies,

Article 5

Essential requirements and assessment of conformity

A measuring

1.
requirements
instrument-specific Annex.

instrument

essential
laid down in Annex I and in the relevant

shall meet

the

Member States may require, if it is needed for correct use of
the instrument, the information referred to in Annex I or in the
instrument-specific Annexes to be provided in the
relevant
official
in which the
the Member State
language(s) of
instrument is placed on the market.

2.
The conformity of a measuring instrument with the
essential requirements shall be assessed in accordance with
Article 8.

Article 6

Conformity marking

1.
The conformity of a measuring instrument with all the
provisions of this Directive shall be indicated by the presence
on it of the ‘CE’ marking and the supplementary metrology
marking as specified in Article 14.

2.
The ‘CE’ marking and supplementary metrology marking
shall be affixed by, or under the responsibility of, the manu-
facturer. These markings may be affixed to the instrument
during the fabrication process, if justified.

3.
The affixing of markings on a measuring instrument that
are likely to deceive third parties as to the meaning and/or
form of the ‘CE’ marking and the supplementary metrology
marking shall be prohibited. Any other marking may be
affixed on a measuring instrument, provided that the visibility
and legibility of
the ‘CE’ marking and the supplementary
metrology marking is not thereby reduced.

4. Where the measuring instrument is subject to measures
adopted under other directives covering other aspects which
require the affixing of the ‘CE’ marking, the marking shall
indicate that the instrument in question is also presumed to
conform to the requirements of those other directives. In such
a case, the publication reference of the said directives in the
the European Union must be given in the
Official
documents, notices or instructions required by those directives
and accompanying the measuring instrument.

Journal of

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Article 7

Placing on the market and putting into use

1. Member States shall not impede for reasons covered by
this Directive the placing on the market and/or putting into use
of any measuring instrument that carries the ‘CE’ marking and
supplementary metrology marking in accordance with Article
6.

2. Member States requiring legal metrological control shall
take all appropriate measures
to ensure that measuring
instruments may be placed on the market and/or put into
use only if they satisfy the requirements of this Directive.

3.
A Member State requiring legal metrological control may
require a measuring instrument to satisfy provisions governing
its putting into use that are justified by local climatic
conditions.
In such a case the Member State shall choose
appropriate upper and lower temperature limits from Table 1
of Annex I, and in addition may specify humidity conditions
(condensing or non-condensing) and whether the intended
location of use is open or closed.

4. When different accuracy classes are defined for a
measuring instrument:

(a) the instrument-specific Annexes under the heading ‘Putting
into use’ may indicate the accuracy class(es) to be used for
specific applications;

(b) in all other cases a Member State requiring legal metro-
logical control may determine the accuracy classes to be
used for specific applications within the classes defined,
subject to allowing the use of all accuracy classes on its
territory.

The conformity assessment modules making up the procedures
are described in Annexes A to H1.

Records and correspondence relating to conformity assessment
shall be drawn up in the official
language(s) of the Member
State where the notified body carrying out the conformity
assessment procedures
language
accepted by that body.

established, or

in a

is

Article 9

Notification

1. Member States shall notify the other Member States and
the Commission of the bodies under their jurisdiction which
they have designated to carry out the tasks pertaining to the
referred to in Article 8,
conformity assessment modules
together with the identification numbers given to them by
the Commission in accordance with paragraph 4 of
this
Article, the kind(s) of measuring instrument for which each
body has been designated and in addition, where relevant,
the instrument accuracy classes,
the
measurement
instrument char-
acteristic limiting the scope of the notification.

technology, and any other

the measuring range,

2. Member States shall apply the criteria set out in Annex II
for the designation of such bodies. Bodies that meet the criteria
laid down in the national standards which transpose the
relevant harmonised standards, the references of which have
been published in the Official Journal of the European Union, shall
be presumed to meet the corresponding criteria. Member States
shall publish the references to these national standards.

If a Member State has not introduced national legislation regu-
lating a measuring instrument, it retains the right to designate
and notify a body for tasks relating to that instrument.

In either case under (a) or (b), measuring instruments of a
better accuracy class may be used at the choice of the owner.

3.

A Member State that has notified a body shall:

At trade fairs, exhibitions, demonstrations, etc., Member
5.
States shall not prevent the showing of instruments not in
conformity with this Directive, provided that a visible sign
clearly indicates their non-conformity and their non-availability
for placing on the market and/or putting into use until brought
into conformity.

Article 8

Conformity assessment

Conformity assessment of a measuring instrument with the
relevant essential requirements shall be carried out by the
application, at the choice of the manufacturer, of one of the
conformity assessment procedures listed in the instrument-
specific Annex. The manufacturer shall provide, where appro-
priate,
technical documentation for specific instruments or
groups of instruments as set out in Annex III.

— ensure that the body continues to meet the criteria set out

in Annex II,

— withdraw such notification if it finds that the body no

longer meets those criteria.

It shall forthwith inform the other Member States and the
Commission of any such withdrawal.

list of notified bodies,

4.
Each of the bodies to be notified shall be given an identi-
fication number by the Commission. The Commission shall
together with the
publish the
the notification
information in respect of
referred to in paragraph 1,
the
Journal of
European Union, C series, and shall ensure that the list is kept
up to date.

in the Official

the scope of

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Article 10

Harmonised standards and normative documents

instrument-specific Annexes

1. Member States
conformity with the
shall presume
essential requirements referred to in Annex I and in the
relevant
a
measuring instrument that complies with the elements of the
national standards implementing the European harmonised
that correspond to
standard for that measuring instrument
those elements of this European harmonised standard whose
references have been published in the Official
the
European Union, C series.

Journal of

respect

of

in

Where a measuring instrument complies only in part with the
elements of
the national standards referred to in the first
subparagraph, Member States shall presume conformity with
the essential requirements corresponding to the elements of the
national standards with which the instrument complies.

Member States shall publish the references to the national
standards referred to in the first subparagraph.

instrument-specific Annexes

2. Member States
conformity with the
shall presume
essential requirements referred to in Annex I and in the
relevant
a
in
measuring instrument
that complies with the normative
document referred to in Article 13(1)(a), whose references
have been published in the Official
the European
Union, C series.

Journal of

respect

of

Where a measuring instrument complies only in part with the
normative document referred to in the first subparagraph,
Member States shall presume conformity with the essential
requirements corresponding to the normative elements with
which the instrument complies.

Member States shall publish the references of the normative
document referred to in the first subparagraph.

3.
A manufacturer may choose to use any technical solution
that complies with the essential requirements referred to in
Annex I and in the relevant
instrument-specific Annexes.
However, only by applying those methods mentioned in the
relevant standards and documents referred to in paragraphs 1
and 2 is the presumption of conformity ensured.

4. Member States shall presume compliance with the appro-
priate tests mentioned in point 3.9 of Annex III if the corre-
sponding test programme has been performed in accordance
with the relevant documents mentioned in paragraphs 1 to 3,
and if the test results ensure compliance with the essential
requirements.

Article 11

Standing Committee

Where a Member State or the Commission considers that a
European harmonised standard as referred to in Article 10(1)
does not fully meet the essential requirements referred to in
Annex I and in the relevant instrument-specific Annexes, the

Member State or the Commission shall bring the matter before
the Standing Committee set up under Article 5 of Directive
98/34/EC, giving its reasons for doing so. The Committee shall
deliver an opinion without delay.

In the light of the Committee's opinion, the Commission shall
inform the Member States whether or not it is necessary to
withdraw the references to the national standards from the
publication referred to in the third subparagraph of Article
10(1).

Article 12

Measuring Instruments Committee

The Commission shall be assisted by the Measuring

1.
Instruments Committee.

2. Where reference is made to this paragraph, Articles 3 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

3. Where reference is made to this paragraph, Articles 5 and
7 of Decision 1999/468/EC shall apply, having regard to the
provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC
shall be set at three months.

4.

The Committee shall adopt its Rules of Procedure.

The Commission shall ensure that relevant information
5.
about envisaged measures, as referred to in Article 13, is made
available to interested parties in due time.

Article 13

Functions of the Measuring Instruments Committee

1.
On request by a Member State or on its own initiative,
the Commission, acting in accordance with the procedure
referred to in Article 12(2), may take any appropriate
measure to:

(a)

identify normative documents drawn up by OIML and
indicate parts thereof compliance with which gives rise to
a presumption of conformity with the corresponding
essential requirements of this Directive;

(b) publish the references of the document referred to in point
(a) in the Official Journal of the European Union, C series.

2.
On request by a Member State or on its own initiative,
the Commission, acting in accordance with the procedure
referred to in Article 12(3), may take any appropriate
measure to amend instrument-specific Annexes in respect of:

— the inclusion of sub-assemblies,

— the maximum permissible errors

(MPEs) and accuracy

classes,

— the rated operating conditions,

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— the critical change values,

— disturbances,

— the list of conformity assessment procedures.

Journal of

3. Where a Member State or the Commission considers that
a normative document whose references have been published
in
in the Official
accordance with paragraph 1(b), does not
the
essential requirements referred to in Annex I and in the
relevant
that Member State or
the Commission shall bring the matter before the Measuring
Instruments Committee, giving the reasons for doing so.

the European Union, C series,
fully meet

instrument-specific Annexes,

The Commission, acting in accordance with the procedure
inform the Member States
referred to in Article 12(2), shall
whether or not it is necessary to withdraw the references to
the normative document concerned from publication in the
Official Journal of the European Union.

4. Member States may take appropriate measures to consult
interested parties at national level about OIML work relating to
the scope of this Directive.

Article 14

Markings

1.
The ‘CE’ marking referred to in Article 6 consists of the
symbol ‘CE’ according to the design laid down in paragraph
I.B(d) of the Annex to Decision 93/465/EEC. The ‘CE’ marking
shall be at least 5 mm high.

The supplementary metrology marking consists of the
2.
letter ‘M’ and the last two digits of the year of its
capital
the
affixing,
rectangle shall be equal to the height of the ‘CE’ marking.
The
immediately
follow the ‘CE’ marking.

surrounded by a rectangle. The height of

supplementary metrology marking shall

The identification number of the notified body concerned
if prescribed by the conformity
follow the ‘CE’ marking and

3.
referred to in Article 9,
assessment procedure,
supplementary metrology marking.

shall

removal. All markings
accessible.

shall be clearly visible or easily

Article 15

Market surveillance and administrative cooperation

1. Member States shall
take all appropriate measures to
ensure that measuring instruments that are subject to legal
metrological control but do not comply with applicable
provisions of this Directive are neither placed on the market
nor put into use.

The competent authorities of the Member States shall
their obligations to

2.
assist each other in the fulfilment of
carry out market surveillance.

In particular, the competent authorities shall exchange:

— information concerning the extent to which instruments
they examine comply with the provisions of this Directive,
and the results of such examinations,

— EC-type examination and design examination certificates
and their Annexes issued by notified bodies as well as
additions,
to
amendments
certificates already issued,

and withdrawals

relating

— quality system approvals issued by notified bodies, as well
as information on quality systems refused or withdrawn,

— evaluation reports established by notified bodies, when

demanded by other authorities.

The Member States

shall ensure that all necessary
3.
information relating to the certificates and quality system
approvals is made available to bodies they have notified.

Each Member State shall inform the other Member States
it has

4.
and the Commission which competent authorities
designated for such exchange of information.

4. When a measuring instrument consists of a set of devices,
not being sub-assemblies, operating together,
the markings
shall be affixed on the instrument's main device.

Article 16

Safeguard clause

When a measuring instrument is too small or too sensitive to
carry the ‘CE’ marking and supplementary metrology marking,
the markings shall be carried by the packaging, if any, and by
the accompanying documents required by this Directive.

5.
The ‘CE’ marking and supplementary metrology marking
shall be indelible. The identification number of the notified
body concerned shall be indelible or self-destructive upon

requirements

1. Where a Member State establishes that all or part of the
measuring instruments of a particular model that bear the ‘CE’
marking and the supplementary metrology marking do not
satisfy the essential
relating to metrological
performance set out in this Directive, when correctly installed
and used in accordance with the manufacturer's instructions, it
shall
to withdraw these
instruments from the market, prohibit or restrict their further
being placed on the market, or prohibit or restrict their further
being used.

appropriate measures

take

all

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When deciding on the above measures, the Member State shall
take account of the systematic or incidental nature of
the
non-compliance. Where the Member State has established
that the non-compliance is of a systematic nature,
it shall
immediately inform the Commission of the measures taken,
indicating the reasons for its decision.

The Commission shall enter into consultation with the

2.
parties concerned as soon as possible.

(a) Should the Commission find that the measures taken by
the Member
shall
concerned are
immediately inform that Member State thereof, as well as
the other Member States.

justified,

State

it

The competent Member State shall take appropriate action
against any person who affixed the markings and shall
inform the Commission and the other Member States
thereof.

If the non-compliance is attributed to shortcomings in the
standards or normative documents, the Commission shall,
after consulting the parties concerned, bring the matter as
soon as possible before the appropriate Committee referred
to in Articles 11 and 12.

or prohibit or restrict its further use in accordance with the
procedures laid down in Article 16.

Article 18

Decisions entailing refusal or restriction

Any decision taken pursuant to this Directive entailing the
withdrawal from the market of a measuring instrument, or
restricting the placing on the market or
prohibiting or
putting into use of an instrument,
state the exact
grounds on which it is based. The decision shall be notified
forthwith to the party concerned, who shall at the same time
be informed of the legal remedies available to him under the
law of the Member State concerned and of the time limits to
which such remedies are subject.

shall

Article 19

Instruments in use

Member States may require measuring instruments subject to
to continue to meet appropriate
legal metrological control
in-service requirements.

Article 20

Repeals

(b) Should the Commission find that the measures taken by
it shall
the Member State concerned are not
immediately inform that Member State thereof, as well as
the manufacturer concerned or his authorised represen-
tative.

justified,

The following Directives shall be repealed as from (*) without
prejudice to Article 21:

— Council Directive 71/318/EEC of 26 July 1971 on the
approximation of the laws of the Member States relating
to gas meters (1),

The Commission shall ensure that the Member States are kept
informed of the progress and outcome of the procedure.

— 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 (2),

Article 17

Unduly fixed markings

1. Where a Member State establishes that the ‘CE’ marking
and supplementary metrology marking have been affixed
unduly,
the manufacturer or his authorised representative
shall be obliged:

— to make

the

those
provisions concerning the ‘CE’ marking and supplementary
metrology marking not covered by Article 16(1) and

conform as

instrument

regards

— to end the infringement under the conditions imposed by

the Member State.

2.
the
Should the infringement described above persist,
Member State must take all appropriate measures to restrict
or prohibit the placing on the market of the instrument in
question or to ensure that it is withdrawn from the market

— Council Directive 71/348/EEC of 12 October 1971 on the
approximation of the laws of the Member States relating to
ancillary equipment
than
water (3),

liquids other

for meters

for

— Council Directive 73/362/EEC of 19 November 1973 on
the Member States

the approximation of
relating to material measures of length (4),

the laws of

— Council Directive 75/33/EEC of 17 December 1974 on the
approximation of the laws of the Member States relating to
cold water meters (5), as concerns the meters defined in
Annex MI-001 of this Directive,

(*) 30 months after the date of entry into force of this Directive.
(1) OJ L 202, 6.9.1971, p. 21. Directive as

last amended by

Commission Directive 82/623/EEC (OJ L 252, 27.8.1982, p. 5).

(2) OJ L 202, 6.9.1971, p. 32.
(3) OJ L 239, 25.10.1971, p. 9. Directive as last amended by the 2003

Act of Accession.

(4) OJ L 335, 5.12.1973, p. 56. Directive as

last amended by

Commission Directive 85/146/EEC (OJ L 54, 23.2.1985, p. 29).

(5) OJ L 14, 20.1.1975, p. 1.

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— Council Directive 75/410/EEC of 24 June 1975 on the
approximation of the laws of the Member States relating
to continuous totalising weighing machines (1),

— Council Directive 76/891/EEC of 4 November 1976 on the
approximation of the laws of the Member States relating to
electrical energy meters (2),

— Council Directive 77/95/EEC of 21 December 1976 on the
approximation of the laws of the Member States relating to
taximeters (3),

— Council Directive 77/313/EEC of 5 April 1977 on the
approximation of the laws of the Member States relating
to measuring systems for liquids other than water (4),

— Council Directive 78/1031/EEC of 5 December 1978 on
the Member States
the approximation of
relating to automatic checkweighing and weight grading
machines (5),

the laws of

— Council Directive 79/830/EEC of 11 September 1979 on
the Member States

the laws of

the approximation of
relating to hot-water meters (6).

Directive before . . . (**). They shall
Commission thereof.

forthwith inform the

When Member States adopt those measures, they shall contain
a reference to this Directive or shall be accompanied by such a
reference on the occasion of their official publication. The
methods of making such reference shall be laid down by the
Member States.

Member States shall apply these provisions from . . . (*).

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 23

Revision clause

and the Council

European Parliament

The
the
Commission to report, before . . . (***), on the implementation
this Directive, and in particular on the application of
of
inter alia, on the basis of reports
Articles 1 and 2 thereof,
provided by the Member States, and, where appropriate, to
submit a proposal for amendments.

invite

Article 21

Transitional provisions

By way of derogation from Article 7(2), Member States shall
permit, for measurement tasks for which they have prescribed
the use of a legally controlled measuring instrument, the placing
on the market and putting into use of measuring instruments
that satisfy the rules applicable before . . . (*) until the expiry of
the validity of the type approval of those measuring instruments
or, in the case of a type approval of indefinite validity, for a
period of a maximum of 10 years from . . . (*).

Article 24

Entry into force

This Directive shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

Article 25

Addressees

This Directive is addressed to the Member States.

Article 22

Transposition

. . .

Member States shall adopt and publish the laws, regulations
and administrative provisions necessary to comply with this

For the European Parliament

The President

For the Council

The President

(1) OJ L 183, 14.7.1975, p. 25.
(2) OJ L 336, 4.12.1976, p. 30.
(3) OJ L 26, 31.1.1977, p. 59.
(4) OJ L 105, 28.4.1977, p. 18. Directive as amended by Commission

Directive 82/625/EEC (OJ L 252, 27.8.1982, p. 10).

(5) OJ L 364, 27.12.1978, p. 1.
(6) OJ L 259, 15.10.1979, p. 1.
(*) 30 months after the date of entry into force of this Directive.

(**) 24 months after the date of entry into force of this Directive.
(***) Seven years after the date of entry into force of this Directive.

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ANNEX I

ESSENTIAL REQUIREMENTS

A measuring instrument shall provide a high level of metrological protection in order that any party affected can have
confidence in the result of measurement, and shall be designed and manufactured to a high level of quality in respect of
the measurement technology and security of the measurement data.

The requirements that shall be met by measuring instruments are set out below and are supplemented, where appro-
priate, by specific instrument requirements in Annexes MI-001 to MI-010 that provide more detail on certain aspects of
the general requirements.

The solutions adopted in the pursuit of the requirements shall take account of the intended use of the instrument and
any foreseeable misuse thereof.

DEFINITIONS

Measurand

The measurand is the particular quantity subject to measurement.

Influence quantity

An influence quantity is a quantity that is not the measurand but that affects the result of measurement.

Rated operating conditions

The rated operating conditions are the values for the measurand and influence quantities making up the normal working
conditions of an instrument.

Disturbance

A disturbance is an influence quantity having a value within the limits specified in the appropriate requirement but
outside the specified rated operating conditions of the measuring instrument. An influence quantity is a disturbance if
for that influence quantity the rated operating conditions are not specified.

Critical change value

The critical change value is the value at which the change in the measurement result is considered undesirable.

Material measure

A material measure is a device intended to reproduce or supply in a permanent manner during its use one or more
known values of a given quantity.

Direct sales

A trading transaction is a direct sale if:

— the measurement result serves as the basis for the price to pay;

— at least one of the parties involved in the transaction related to measurement is a consumer or any other party

requiring a similar level of protection;

— all the parties in the transaction accept the measurement result at that time and place.

Climatic environments

Climatic environments are the conditions in which measuring instruments may be used. To cope with climatic
differences between the Member States, a range of temperature limits has been defined.

Utility

A utility is regarded as a supplier of electricity, gas, heat or water.

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REQUIREMENTS

1.

Allowable errors

1.1. Under rated operating conditions and in the absence of a disturbance, the error of measurement shall not exceed
the maximum permissible error (MPE) value as laid down in the appropriate instrument-specific requirements.

Unless stated otherwise in the instrument-specific Annexes, the MPE is expressed as a bilateral value of the
deviation from the true measurement value.

1.2. Under rated operating conditions and in the presence of a disturbance, the performance requirement shall be as

laid down in the appropriate instrument-specific requirements.

Where the instrument is intended to be used in a specified permanent continuous electromagnetic field the
permitted performance during the radiated electromagnetic field-amplitude modulated test shall be within the
MPE.

1.3.

The manufacturer shall specify the climatic, mechanical and electromagnetic environments in which the
instrument is intended to be used, power supply and other influence quantities likely to affect its accuracy,
taking account of the requirements laid down in the appropriate instrument-specific Annexes.

1.3.1. Climatic environments

The manufacturer shall specify the upper temperature limit and the lower temperature limit from any of the
values in Table 1 unless otherwise specified in Annexes MI-001 to MI-010, and indicate whether the instrument
is designed for condensing or non-condensing humidity as well as the intended location for the instrument, i.e.
open or closed.

Table 1

Temperature limits

Upper temperature limit

Lower temperature limit

30 °C

5 °C

40 °C

- 10 °C

55 °C

- 25 °C

70 °C

- 40 °C

1.3.2. (a) Mechanical environments are classified into classes M1 to M3, as described below.

M1 This class applies to instruments used in locations with vibration and shocks of low significance, e.g. for
instruments fastened to light supporting structures subject to negligible vibrations and shocks trans-
mitted from local blasting or pile-driving activities, slamming doors, etc.

M2 This class applies to instruments used in locations with significant or high levels of vibration and shock,
e.g. transmitted from machines and passing vehicles in the vicinity or adjacent to heavy machines,
conveyor belts, etc.

M3 This class applies to instruments used in locations where the level of vibration and shock is high and

very high, e.g. for instruments mounted directly on machines, conveyor belts, etc.

(b) The following influence quantities shall be considered in relation with mechanical environments:

— vibration,

— mechanical shock.

1.3.3. (a) Electromagnetic environments are classified into classes E1, E2 or E3 as described below, unless otherwise laid

down in the appropriate instrument-specific Annexes.

E1 This class applies to instruments used in locations with electromagnetic disturbances corresponding to

those likely to be found in residential, commercial and light industrial buildings.

E2 This class applies to instruments used in locations with electromagnetic disturbances corresponding to

those likely to be found in other industrial buildings.

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E3 This class applies to instruments supplied by the battery of a vehicle. Such instruments shall comply with

the requirements of E2 and the following additional requirements:

— voltage reductions caused by energising the starter-motor circuits of internal combustion engines,

— load-dump transients occurring in the event of a discharged battery being disconnected while the

engine is running.

(b) The following influence quantities shall be considered in relation with electromagnetic environments:

— voltage interruptions,

— short voltage reductions,

— voltage transients on supply lines and/or signal lines,

— electrostatic discharges,

— radio frequency electromagnetic fields,

— conducted radio frequency electromagnetic fields on supply lines and/or signal lines,

— surges on supply lines and/or signal lines.

1.3.4. Other influence quantities to be considered, where appropriate, are:

— voltage variation,

— mains frequency variation,

— power frequency magnetic fields,

— any other quantity likely to influence in a significant way the accuracy of the instrument.

1.4. When carrying out the tests as envisaged in this Directive, the following paragraphs apply:

1.4.1. Basic rules for testing and the determination of errors

Essential requirements specified in points 1.1 and 1.2 shall be verified for each relevant influence quantity. Unless
otherwise specified in the appropriate instrument-specific Annex, these essential requirements apply when each
influence quantity is applied and its effect evaluated separately, all other influence quantities being kept relatively
constant at their reference value.

Metrological tests shall be carried out during or after the application of the influence quantity, whichever
condition corresponds to the normal operational status of the instrument when that influence quantity is
likely to occur.

1.4.2. Ambient humidity

— According to the climatic operating environment in which the instrument is intended to be used either the

damp heat-steady state (non-condensing) or damp heat cyclic (condensing) test may be appropriate.

— The damp heat cyclic test is appropriate where condensation is important or when penetration of vapour will
be accelerated by the effect of breathing. In conditions where non-condensing humidity is a factor the
damp-heat steady state is appropriate.

2.

Reproducibility

The application of the same measurand in a different location or by a different user, all other conditions being
the same, shall result
in the close agreement of successive measurements. The difference between the
measurement results shall be small when compared with the MPE.

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3.

Repeatability

The application of the same measurand under the same conditions of measurement shall result in the close
agreement of successive measurements. The difference between the measurement results shall be small when
compared with the MPE.

4.

Discrimination and sensitivity

A measuring instrument shall be sufficiently sensitive and the discrimination threshold shall be sufficiently low
for the intended measurement task.

5.

Durability

A measuring instrument shall be designed to maintain an adequate stability of its metrological characteristics over
a period of time estimated by the manufacturer, provided that it is properly installed, maintained and used
according to the manufacturer's instruction when in the environmental conditions for which it is intended.

6.

Reliability

A measuring instrument shall be designed to reduce as far as possible the effect of a defect that would lead to an
inaccurate measurement result, unless the presence of such a defect is obvious.

7.

Suitability

7.1. A measuring instrument shall have no feature likely to facilitate fraudulent use, whereas possibilities for unin-

tentional misuse shall be minimal.

7.2. A measuring instrument shall be suitable for its intended use taking account of the practical working conditions
and shall not require unreasonable demands of the user in order to obtain a correct measurement result.

7.3.

The errors of a utility measuring instrument at flows or currents outside the controlled range shall not be unduly
biased.

7.4. Where a measuring instrument is designed for the measurement of values of the measurand that are constant
over time, the measuring instrument shall be insensitive to small fluctuations of the value of the measurand, or
shall take appropriate action.

7.5. A measuring instrument shall be robust and its materials of construction shall be suitable for the conditions in

which it is intended to be used.

7.6. A measuring instrument shall be designed so as to allow the control of the measuring tasks after the instrument
has been placed on the market and put into use. If necessary, special equipment or software for this control shall
be part of the instrument. The test procedure shall be described in the operation manual.

When a measuring instrument has associated software which provides other functions besides the measuring
function, the software that is critical for the metrological characteristics shall be identifiable and shall not be
inadmissibly influenced by the associated software.

8.

Protection against corruption

8.1.

The metrological characteristics of a measuring instrument shall not be influenced in any inadmissible way by the
connection to it of another device, by any feature of the connected device itself or by any remote device that
communicates with the measuring instrument.

8.2. A hardware component that is critical for metrological characteristics shall be designed so that it can be secured.

Security measures foreseen shall provide for evidence of an intervention.

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8.3.

Software that is critical for metrological characteristics shall be identified as such and shall be secured.

Software identification shall be easily provided by the measuring instrument.

Evidence of an intervention shall be available for a reasonable period of time.

8.4. Measurement data, software that

is critical

for measurement characteristics and metrologically important

parameters stored or transmitted shall be adequately protected against accidental or intentional corruption.

8.5.

For utility measuring instruments, the display of the total quantity supplied or the displays from which the total
quantity supplied can be derived, whole or partial reference to which is the basis for payment, shall not be able
to be reset during use.

9.

Information to be borne by and to accompany the instrument

9.1. A measuring instrument shall bear the following inscriptions:

— manufacturer's mark or name,

— information in respect of its accuracy,

plus, when applicable:

— information in respect of the conditions of use,

— measuring capacity,

— measuring range,

— identity marking,

— number of the EC-type examination certificate or the EC design examination certificate,

— information whether or not additional devices providing metrological results comply with the provisions of

this Directive on legal metrological control.

9.2. An instrument of dimensions too small or of too sensitive a composition to allow it to bear the relevant
information shall have its packaging, if any, and the accompanying documents required by the provisions of
this Directive suitably marked.

9.3.

The instrument shall be accompanied by information on its operation, unless the simplicity of the measuring
instrument makes this unnecessary. Information shall be easily understandable and shall include where relevant:

— rated operating conditions,

— mechanical and electromagnetic environment classes,

— the upper and lower temperature limit, whether condensation is possible or not, open or closed location,

— instructions for installation, maintenance, repairs, permissible adjustments,

— instructions for correct operation and any special conditions of use,

— conditions for compatibility with interfaces, sub-assemblies or measuring instruments.

9.4. Groups of identical measuring instruments used in the same location or used for utility measurements do not

necessarily require individual instruction manuals.

9.5. Unless specified otherwise in an instrument-specific Annex, the scale interval for a measured value shall be in the
form 1 × 10n, 2 × 10n or 5 × 10n, where n is any integer or zero. The unit of measurement or its symbol shall be
shown close to the numerical value.

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9.6. A material measure shall be marked with a nominal value or a scale, accompanied by the unit of measurement

used.

9.7.

The units of measurement used and their symbols shall be in accordance with the provisions of Community
legislation on units of measurement and their symbols.

9.8. All marks and inscriptions required under any requirement shall be clear, non-erasable, unambiguous and

non-transferable.

10.

Indication of result

10.1.

Indication of the result shall be by means of a display or hard copy.

10.2. The indication of any result shall be clear and unambiguous and accompanied by such marks and inscriptions
necessary to inform the user of the significance of the result. Easy reading of the presented result shall be
permitted under normal conditions of use. Additional
indications may be shown provided they cannot be
confused with the metrologically controlled indications.

10.3.

In the case of hard copy the print or record shall also be easily legible and non-erasable.

10.4. A measuring instrument for direct sales trading transactions shall be designed to present the measurement result
to both parties in the transaction when installed as intended. When critical in case of direct sales, any ticket
provided to the consumer by an ancillary device not complying with the appropriate requirements of this
Directive shall bear appropriate restrictive information.

10.5. Whether or not a measuring instrument intended for utility measurement purposes can be remotely read it shall
in any case be fitted with a metrologically controlled display accessible without tools to the consumer. The
reading of this display is the measurement result that serves as the basis for the price to pay.

11.

Further processing of data to conclude the trading transaction

11.1. A measuring instrument other than a utility measuring instrument shall record by a durable means the

measurement result accompanied by information to identify the particular transaction, when:

— the measurement is non-repeatable and

— the measuring instrument is normally intended for use in the absence of one of the trading parties.

11.2. Additionally, a durable proof of the measurement result and the information to identify the transaction shall be

available on request at the time the measurement is concluded.

12.

Conformity evaluation

A measuring instrument shall be designed so as to allow ready evaluation of its conformity with the appropriate
requirements of this Directive.

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CRITERIA TO BE SATISFIED BY BODIES DESIGNATED ACCORDING TO ARTICLE 9(1)

ANNEX II

Set out below are the criteria that Member States shall apply for the designation of bodies according to Article 9(1).

1. The body, its director and staff involved in conformity assessment tasks shall not be the designer, manufacturer,
supplier, installer or user of the measuring instruments that they inspect, nor the authorised representative of any of
them. Also they may not be directly involved in the design, manufacture, marketing or maintenance of the
instruments, nor represent the parties engaged in these activities. The preceding criterion does not, however,
preclude in any way the possibility of exchanges of technical information for purposes of conformity assessment,
between the manufacturer and the body.

2. The body,

its director and staff involved in conformity assessment tasks shall be free from all pressures and
inducements, that might influence their judgement or the results of their
the

inducements,
conformity assessment, especially from persons or groups of persons with an interest
assessments.

in particular financial

in the results of

3. The conformity assessment shall be carried out with the highest degree of professional

integrity and requisite

competence in the field of metrology.

Should the body subcontract specific tasks, it shall first ensure that the subcontractor meets the provisions of this
Directive, and in particular of this Annex. The body shall keep the relevant documents assessing the subcontractor's
qualifications and the work carried out by him/her under this Directive at the disposal of the notifying authority.

4. The body shall be able to carry out all the conformity assessment tasks for which it has been designated, whether
these tasks are carried out by the body itself or on its behalf and under its responsibility. It shall have at its disposal
the necessary staff and have access to the necessary facilities for carrying out the technical and administrative tasks
entailed in conformity assessment in a proper manner.

5. The body's staff shall have:

— sound technical and vocational training, covering all conformity assessment tasks for which the body was

designated,

— satisfactory knowledge of the rules in respect of the tasks which it carries out, and adequate experience of such

tasks,

— the ability required to draw up the certificates, records and reports to demonstrate that the tasks were carried

out.

6. The impartiality of the body, its director and staff shall be guaranteed. The remuneration of the body shall not
depend on the results of the tasks it carries out. The remuneration of the body's director and staff shall not depend
on the number of tasks carried out, nor on the results of such tasks.

7. The body shall take out civil liability insurance, if its civil liability is not covered by the Member State under national

law.

8. The body's director and staff shall be bound to observe professional secrecy with regard to all information obtained
in the course of exercising their duties pursuant to this Directive, except vis-à-vis the authority of the Member State
which has designated it.

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ANNEX III

TECHNICAL DOCUMENTATION

1. The technical documentation shall render the design, manufacture and operation of the measuring instrument

intelligible and shall enable assessment of its conformity with the appropriate requirements of this Directive.

2. The technical documentation shall be detailed enough in order to ensure:

— the definition of the metrological characteristics,

— the reproducibility of the metrological performances of produced instruments when properly adjusted using

appropriate intended means,

— the integrity of the instrument.

3. The technical documentation shall include in so far as relevant for assessment and identifications of the type and/or

instrument:

3.1. a general description of the instrument;

3.2. conceptual design and manufacturing drawings and plans of components, sub-assemblies, circuits, etc.;

3.3. manufacturing procedures to ensure consistent production;

3.4.

if applicable, a description of the electronic devices with drawings, diagrams, flow diagrams of the logic and
general software information explaining their characteristics and operation;

3.5. descriptions and explanations necessary for the understanding of points 3.2, 3.3 and 3.4,

including the

operation of the instrument;

3.6. a list of the standards and/or normative documents referred to in Article 10, applied in full or in part;

3.7. descriptions of the solutions adopted to meet the essential requirements where the standards and/or normative

documents referred to in Article 10 have not been applied;

3.8. results of design calculations, examinations, etc.;

3.9. the appropriate test results where necessary to demonstrate that the type and/or instruments comply with:

(a) the requirements of the Directive under declared rated operating conditions and under specified environ-

mental disturbances;

(b) the durability specifications for gas, water and heat-meters as well as for liquids other than water.

3.10. the EC-type examination certificates or EC design examination certificates in respect of instruments containing

parts identical to those in the design.

4. The manufacturer shall specify where seals and markings have been applied.

5. The manufacturer shall indicate the conditions for compatibility with interfaces and sub-assemblies, where relevant.

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DECLARATION OF CONFORMITY BASED ON INTERNAL PRODUCTION CONTROL

ANNEX A

1.

The ‘declaration of conformity based on internal production control’
is the conformity assessment procedure
whereby the manufacturer fulfils the obligations laid down in this Annex and ensures and declares that the
measuring instruments concerned satisfy the appropriate requirements of this Directive.

Technical documentation

2.

3.

The manufacturer shall establish the technical documentation as described in Annex III. The documentation shall
enable assessment of the conformity of the instrument with the appropriate requirements of this Directive. It shall,
as far as is relevant for such assessment, cover the design, manufacture and operation of the instrument.

The manufacturer shall keep the technical documentation at the disposal of the national authorities for 10 years
after the last instrument has been manufactured.

Manufacturing

4.

The manufacturer shall take all measures necessary to ensure conformity of the manufactured instruments with the
appropriate requirements of this Directive.

Written declaration of conformity

5.1. The manufacturer shall affix the ‘CE’ marking and the supplementary metrology marking to each measuring

instrument that satisfies the appropriate requirements of this Directive.

5.2. A declaration of conformity is drawn up for an instrument model and shall be kept at the disposal of the national
authorities for 10 years after the last instrument has been manufactured. It shall identify the instrument for which
it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

Authorised representative

6.

The manufacturer's obligations contained in points 3 and 5.2 may be fulfilled, on his/her behalf and under his/her
responsibility, by his/her authorised representative.

Where the manufacturer is not established within the Community and where he/she does not have an authorised
representative, the obligations contained in points 3 and 5.2 shall be the responsibility of the person who places
the instrument on the market.

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ANNEX A1

DECLARATION OF CONFORMITY BASED ON INTERNAL PRODUCTION CONTROL PLUS PRODUCT
TESTING BY A NOTIFIED BODY

1.

‘Declaration of conformity based on internal production control plus product testing by a notified body’ is the
conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in this Annex, and
ensures and declares that the measuring instruments concerned satisfy the appropriate requirements of this
Directive.

Technical documentation

2.

3.

The manufacturer shall establish the technical documentation as described in Annex III. The documentation shall
enable assessment of the conformity of the instrument with the appropriate requirements of this Directive. It shall,
as far as is relevant for such assessment, cover the design, manufacture and operation of the instrument.

The manufacturer shall keep the technical documentation at the disposal of the national authorities for 10 years
after the last instrument has been manufactured.

Manufacturing

4.

The manufacturer shall take all measures necessary to ensure conformity of the manufactured instruments with the
appropriate requirements of this Directive.

Product checks

5. A notified body, chosen by the manufacturer, shall carry out product checks or have them carried out in
in order to verify the quality of the internal checks of the product,
appropriate intervals determined by it,
taking into account, inter alia, the technological complexity of the instruments and the quantity of production.
An adequate sample of the final products, taken by the notified body before the placing on the market, shall be
examined and appropriate tests as identified by the relevant document(s) referred to in Article 10, or equivalent
tests, shall be carried out to check the conformity of the instruments with the appropriate requirements of this
Directive. In the absence of a relevant document, the notified body concerned shall decide on the appropriate tests
to be carried out.

In those cases where a relevant number of instruments in the sample do not conform to an acceptable quality level,
the notified body shall take appropriate measures.

Written declaration of conformity

6.1. The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsibility
of the notified body referred to in point 5, the latter's identification number to each measuring instrument that
satisfies the appropriate requirements of this Directive.

6.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the model of the
instrument for which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

Authorised representative

7.

The manufacturer's obligations contained in points 3 and 6.2 may be fulfilled, on his/her behalf and under his/her
responsibility, by his/her authorised representative.

Where the manufacturer is not established within the Community and where he/she does not have an authorised
representative, the obligations contained in paragraphs 3 and 6.2 shall be the responsibility of the person who
places the instrument on the market.

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ANNEX B

TYPE EXAMINATION

1.

2.

‘Type examination’
is the part of a conformity assessment procedure whereby a notified body examines the
technical design of a measuring instrument and ensures and declares that the technical design meets the appro-
priate requirements of this Directive.

Type examination may be carried out in either of the following manners. The notified body decides on the
appropriate manner and the specimens required:

(a) examination of a specimen, representative of the production envisaged, of the complete measuring instrument;

(b) examination of specimens, representative of the production envisaged, of one or more critical parts of the
measuring instrument, plus assessment of the adequacy of the technical design of the other parts of the
measuring instrument through examination of the technical documentation and supporting evidence referred
to in point 3;

(c) assessment of the adequacy of the technical design of the measuring instrument through examination of the
technical documentation and supporting evidence referred to in point 3, without examination of a specimen.

3.

The application for type examination shall be lodged by the manufacturer with a notified body of his choice.

The application shall include:

— the name and address of the manufacturer and, if the application is lodged by the authorised representative,

his/her name and address in addition,

— a written declaration that the same application has not been lodged with any other notified body,

— the technical documentation as described in Annex III. The documentation shall enable assessment of the
conformity of the instrument with the appropriate requirements of this Directive. It shall, as far as is relevant
for such assessment, cover the design, manufacture and operation of the instrument,

— the specimens, representative of the production envisaged, as required by the notified body,

— the supporting evidence for the adequacy of the technical design of those parts of the measuring instrument for
which no specimens are required. This supporting evidence shall mention any relevant documents that have
been applied, in particular where the relevant documents referred to in Article 10 have not been applied in full,
and shall
include, where necessary, the results of tests carried out by the appropriate laboratory of the
manufacturer, or by another testing laboratory on his/her behalf and under his/her responsibility.

4.

The notified body shall:

For the specimens:

4.1. examine the technical documentation, verify that the specimens have been manufactured in conformity with it and
identify the elements which have been designed in accordance with the relevant provisions of the relevant
documents referred to in Article 10, as well as the elements which have been designed without applying the
relevant provisions of those documents;

4.2. carry out the appropriate examinations and tests, or have them carried out, to check whether, where the manu-
facturer has chosen to apply the solutions in the relevant documents referred to in Article 10, these have been
applied correctly;

4.3. carry out the appropriate examinations and tests, or have them carried out, to check whether, where the manu-
facturer has chosen not to apply the solutions in the relevant documents referred to in Article 10, the solutions
adopted by the manufacturer meet the corresponding essential requirements of this Directive;

4.4. agree with the applicant on the location where the examinations and tests shall be carried out.

For the other parts of the measuring instrument:

4.5. examine the technical documentation and supporting evidence to assess the adequacy of the technical design of the

other parts of the measuring instrument.

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For the manufacturing process:

4.6. examine the technical documentation to assure that the manufacturer has adequate means to ensure consistent

production.

5.1. The notified body shall draw up an evaluation report that records the activities as undertaken in accordance with
point 4 and their outcomes. Without prejudice to Annex II, point 8, the notified body shall release the content of
this report, in full or in part, only with the agreement of the manufacturer.

5.2. Where the technical design meets the requirements of this Directive that apply to the measuring instrument, the
notified body shall issue an EC-type examination certificate to the manufacturer. The certificate shall contain the
name and address of the manufacturer and, if appropriate, of his authorised representative, conclusions of the
examination, conditions (if any) for its validity and the necessary data for identification of the instrument. The
certificate may have one or more Annexes attached.

The certificate and its Annexes shall contain all relevant information for conformity evaluation and in-service
control. In particular, to allow the conformity of manufactured instruments to be evaluated with the examined type
regarding the reproducibility of their metrological performances, when they are properly adjusted using appropriate
means, content shall include:

— the metrological characteristics of the type of instrument,

— measures required for ensuring the integrity of the instruments (sealing, identification of software, etc.),

— information on other elements necessary for the identification of the instruments and to check their visual

external conformity to type,

— if appropriate, any specific information necessary to verify the characteristics of manufactured instruments,

— in the case of a sub-assembly, all necessary information to ensure the compatibility with other sub-assemblies

or measuring instruments.

The certificate shall have a validity of 10 years from the date of its issue, and may be renewed for subsequent
periods of 10 years each.

5.3. The notified body shall establish an evaluation report in this regard and keep it at the disposal of the Member State

that designated it.

6.

The manufacturer shall inform the notified body that holds the technical documentation concerning the EC-type
examination certificate of all modifications to the instrument that may affect the conformity of the instrument with
the essential requirements or the conditions for validity of the certificate. Such modifications require additional
approval in the form of an addition to the original EC-type examination certificate.

7.

Each notified body shall immediately inform the Member State that designated it about:

— EC-type examination certificates and Annexes issued,

— additions and amendments relating to certificates already issued.

Each notified body shall immediately inform the Member State that designated it of the withdrawal of an EC-type
examination certificate.

The notified body shall hold the technical file including the documentation submitted by the manufacturer for a
period up to the end of the validity of the certificate.

8.

9.

The manufacturer shall keep a copy of the EC-type examination certificate, its Annexes and additions with the
technical documentation for 10 years after the last measuring instrument has been manufactured.

The manufacturer's authorised representative may lodge the application referred to in point 3 and carry out the
obligations mentioned in points 6 and 8. Where the manufacturer is not established within the Communities and
where he does not have an authorised representative, the obligation to make the technical documentation available
on request shall be the responsibility of the person designated by the manufacturer.

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C 252 E/21

ANNEX C

DECLARATION OF CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL

1.

‘Declaration of conformity to type based on internal production control’ is the part of a conformity assessment
procedure whereby the manufacturer fulfils the obligations laid down in this Annex and ensures and declares that
the measuring instruments concerned are in conformity with the type as described in the EC-type examination
certificate and satisfy the appropriate requirements of this Directive.

Manufacturing

2.

The manufacturer shall take all measures necessary to ensure conformity of the manufactured instruments with the
type as described in the EC-type examination certificate and with the appropriate requirements of this Directive.

Written declaration of conformity

3.1. The manufacturer shall affix the ‘CE’ marking and the supplementary metrology marking to each measuring
instrument that is in conformity with the type as described in the EC-type examination certificate and satisfies
the appropriate requirements of this Directive.

3.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the instrument
model for which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

Authorised representative

4.

The manufacturer's obligations contained in point 3.2 may be fulfilled, on his/her behalf and under his/her
responsibility, by his/her authorised representative.

Where the manufacturer is not established within the Community and where he/she does not have an authorised
representative, the obligation mentioned in point 3.2 shall be the responsibility of the person who places the
instrument on the market.

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ANNEX C1

DECLARATION OF CONFORMITY TO TYPE BASED ON INTERNAL PRODUCTION CONTROL PLUS
PRODUCT TESTING BY A NOTIFIED BODY

1.

‘Declaration of conformity to type based on internal production control plus product testing by a notified body’ is
the part of a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in this
Annex and ensures and declares that the measuring instruments concerned are in conformity with the type as
described in the EC-type examination certificate and satisfy the appropriate requirements of this Directive.

Manufacturing

2.

The manufacturer shall take all measures necessary to ensure conformity of the manufactured instruments with the
type as described in the EC-type examination certificate and with the appropriate requirements of this Directive.

Product checks

3. A notified body, chosen by the manufacturer, shall carry out product checks or have them carried out in
in order to verify the quality of the internal checks of the product,
appropriate intervals determined by it,
taking into account, inter alia, the technological complexity of the instruments and the quantity of production.
An adequate sample of the final products, taken by the notified body before the placing on the market, shall be
examined, and appropriate tests, as identified by the relevant documents referred to in Article 10, or equivalent
tests, shall be carried out to check the conformity of the product with the type as described in the EC-type
examination certificate and the appropriate requirements of this Directive. In the absence of a relevant document,
the notified body concerned shall decide on the appropriate tests to be carried out.

In those cases where a relevant number of instruments in the sample do not conform to an acceptable quality level,
the notified body shall take appropriate measures.

Written declaration of conformity

4.1. The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsibility
of the notified body referred to in point 3, the latter's identification number, to each measuring instrument that is
in conformity with the type as described in the EC-type examination certificate and satisfies the appropriate
requirements of this Directive.

4.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the model of the
instrument for which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

Authorised representative

5.

The manufacturer's obligations contained in point 4.2 may be fulfilled, on his/her behalf and under his/her
responsibility, by his/her authorised representative.

Where the manufacturer is not established within the Community and where he/she does not have an authorised
representative, the obligations mentioned in point 4.2 shall be the responsibility of the person who places the
instrument on the market.

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C 252 E/23

ANNEX D

DECLARATION OF CONFORMITY TO TYPE BASED ON QUALITY ASSURANCE OF THE PRODUCTION
PROCESS

1.

‘Declaration of conformity to type based on quality assurance of the production process’ is the part of a conformity
assessment procedure whereby the manufacturer fulfils the obligations laid down in this Annex and ensures and
declares that the measuring instruments concerned are in conformity with the type as described in the EC-type
examination certificate and satisfy the appropriate requirements of this Directive.

Manufacturing

2.

The manufacturer shall operate an approved quality system for production, final product inspection and testing of the
measuring instrument concerned as specified in point 3 and shall be subject to surveillance as specified in point 4.

Quality system

3.1. The manufacturer shall lodge an application for assessment of the quality system with a notified body of his/her

choice.

The application shall include:

— all relevant information for the instrument category envisaged,

— the documentation concerning the quality system,

— the technical documentation of the approved type and a copy of the EC-type examination certificate.

3.2. The quality system shall ensure compliance of the instruments with the type as described in the EC-type exam-

ination certificate and the appropriate requirements of this Directive.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic
and orderly manner in the form of written policies, procedures and instructions. This quality system documentation
must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall contain in particular an adequate description of:

— the quality objectives and the organisational structure, responsibilities and powers of the management with

regard to product quality,

— the manufacturing, quality control and quality assurance techniques, processes and systematic actions that will

be used,

— the examinations and tests that will be carried out before, during and after manufacture, and the frequency

with which they will be carried out,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.,

— the means to monitor the achievement of the required product quality and the effective operation of the quality

system.

3.3. The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in
point 3.2. It shall presume conformity with these requirements in respect of a quality system that complies with
the corresponding specifications of the national standard that implements the relevant harmonised standard, from
the moment its references have been published.

In addition to experience in quality management systems, the auditing team shall possess appropriate experience in
the relevant field of metrology and instrument technology, and knowledge of the applicable requirements of this
Directive. The evaluation procedure shall include an inspection visit to the manufacturer's premises.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the exam-
ination and the reasoned assessment decision.

3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to

maintain it so that it remains adequate and efficient.

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3.5. The manufacturer shall keep the notified body that has approved the quality system informed of any intended

change of the quality system.

The notified body shall evaluate the modifications proposed and decide whether the changed quality system will
still satisfy the requirements referred to in point 3.2 or whether a reassessment is required.

It shall notify its decision to the manufacturer. The notification shall contain the conclusions of the examination
and the reasoned assessment decision.

Surveillance under the responsibility of the notified body

4.1. The purpose of surveillance is to make sure that the manufacturer fulfils the obligations arising out of the approved

quality system.

4.2. The manufacturer shall allow the notified body entrance for inspection purposes to the locations of manufacture,

inspection, testing and storage, and shall provide it with all necessary information, in particular:

— the quality system documentation,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.

4.3. The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the

quality system and shall provide an audit report to the manufacturer.

4.4. Additionally, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body
may, if necessary, carry out product tests, or have them carried out, to verify that the quality system is functioning
correctly. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

Written declaration of conformity

5.1. The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsibility
of the notified body referred to in point 3.1, the latter's identification number to each measuring instrument that is
in conformity with the type as described in the EC-type examination certificate and satisfies the appropriate
requirements of this Directive.

5.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the model of the
instrument for which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

6.

The manufacturer shall, for 10 years after the last instrument has been manufactured, keep at the disposal of the
national authorities:

— the documentation referred to in point 3.1, second indent,

— the change referred to in point 3.5, as approved,

— the decisions and reports from the notified body referred to in points 3.5, 4.3 and 4.4.

7.

Each notified body shall periodically make available to the Member State that designated it the list of quality system
approvals issued or refused, and shall immediately inform the Member State that designated it of the withdrawal of
a quality system approval.

Authorised representative

8.

The manufacturer's obligations contained in points 3.1, 3.5, 5.2 and 6 may be fulfilled, on his/her behalf and under
his/her responsibility, by his/her authorised representative.

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C 252 E/25

ANNEX D1

DECLARATION OF CONFORMITY BASED ON QUALITY ASSURANCE OF THE PRODUCTION PROCESS

1.

‘Declaration of conformity based on quality assurance of the production process’ is the conformity assessment
procedure whereby the manufacturer fulfils the obligations laid down in this Annex and ensures and declares that
the measuring instruments concerned satisfy the appropriate requirements of this Directive.

Technical documentation

2.

3.

The manufacturer shall establish the technical documentation as described in Annex III. The documentation shall
enable assessment of the conformity of the instrument with the appropriate requirements of this Directive. It shall,
as far as is relevant for such assessment, cover the design and operation of the instrument.

The manufacturer shall keep the technical documentation at the disposal of the national authorities for 10 years
after the last instrument has been manufactured.

Manufacturing

4.

The manufacturer shall operate an approved quality system for production, final product inspection and testing of the
measuring instrument concerned as specified in point 5 and shall be subject to surveillance as specified in point 6.

Quality system

5.1. The manufacturer shall lodge an application for assessment of the quality system with a notified body of his choice.

The application shall include:

— all relevant information for the instrument category envisaged,

— the documentation concerning the quality system,

— the technical documentation referred to in point 2.

5.2. The quality system shall ensure compliance of the instruments with the appropriate requirements of this Directive.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic
and orderly manner in the form of written policies, procedures and instructions. This quality system documentation
must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall contain, in particular, an adequate description of:

— the quality objectives and the organisational structure, responsibilities and powers of the management with

regard to product quality,

— the manufacturing, quality control and quality assurance techniques, processes and systematic actions that will

be used,

— the examinations and tests that will be carried out before, during and after manufacture, and the frequency

with which they will be carried out,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.,

— the means to monitor the achievement of the required product quality and the effective operation of the quality

system.

5.3. The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in
point 5.2. It shall presume conformity with these requirements in respect of a quality system that complies with
the corresponding specifications of the national standard that implements the relevant harmonised standard, from
the moment its references have been published.

In addition to experience in quality management systems, the auditing team shall possess appropriate experience in
the relevant field of metrology and instrument technology, and knowledge of the applicable requirements of this
Directive. The evaluation procedure shall include an inspection visit to the manufacturer's premises.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the exam-
ination and the reasoned assessment decision.

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5.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to

maintain it so that it remains adequate and efficient.

5.5. The manufacturer shall keep the notified body that has approved the quality system periodically informed of any

intended change of the quality system.

The notified body shall evaluate the changes proposed and decide whether the changed quality system will still
satisfy the requirements referred to in point 5.2 or whether a reassessment is required.

It shall notify its decision to the manufacturer. The notification shall contain the conclusions of the examination
and the reasoned assessment decision.

Surveillance under the responsibility of the notified body

6.1. The purpose of surveillance is to make sure that the manufacturer fulfils the obligations arising out of the approved

quality system.

6.2. The manufacturer shall allow the notified body entrance for inspection purposes to the locations of manufacture,

inspection, testing and storage, and shall provide it with all necessary information, in particular:

— the quality system documentation,

— the technical documentation referred to in point 2,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.

6.3. The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the

quality system and shall provide an audit report to the manufacturer.

6.4. Additionally, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body
may, if necessary, carry out product tests, or have them carried out, to verify that the quality system is functioning
correctly. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

Written declaration of conformity

7.1. The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsibility
of the notified body referred to in point 5.1, the latter's identification number to each measuring instrument that
satisfies the appropriate requirements of this Directive.

7.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the model of the
instrument for which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

8.

The manufacturer shall, for 10 years after the last instrument has been manufactured, keep at the disposal of the
national authorities:

— the documentation referred to in point 5.1, second indent,

— the change referred to in point 5.5, as approved,

— the decisions and reports from the notified body referred to in points 5.5, 6.3 and 6.4.

9.

Each notified body shall periodically make available to the Member State that designated it the list of quality system
approvals issued or refused, and shall immediately inform the Member State that designated it of the withdrawal of
a quality system approval.

Authorised representative

10. The manufacturer's obligations contained in points 3, 5.1, 5.5, 7.2 and 8 may be fulfilled, on his/her behalf and

under his/her responsibility, by his/her authorised representative.

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C 252 E/27

ANNEX E

DECLARATION OF CONFORMITY TO TYPE BASED ON QUALITY ASSURANCE OF FINAL PRODUCT
INSPECTION AND TESTING

1.

‘Declaration of conformity to type based on quality assurance of final product inspection and testing’ is the part of
a conformity assessment procedure whereby the manufacturer fulfils the obligations laid down in this Annex and
ensures and declares that the measuring instruments concerned are in conformity with the type as described in the
EC-type examination certificate and satisfy the appropriate requirements of this Directive.

Manufacturing

2.

The manufacturer shall operate an approved quality system as specified in point 3 for final product inspection and
testing of the measuring instrument concerned and shall be subject to surveillance, as specified in point 4.

Quality system

3.1. The manufacturer shall lodge an application for assessment of the quality system with a notified body of his/her

choice.

The application shall include:

— all relevant information for the instrument category envisaged,

— the documentation concerning the quality system,

— the technical documentation of the approved type and a copy of the EC-type examination certificate.

3.2. The quality system shall ensure compliance of the instruments with the type as described in the EC-type exam-

ination certificate and the appropriate requirements of this Directive.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic
and orderly manner in the form of written policies, procedures and instructions. This quality system documentation
must permit a consistent interpretation of the quality programmes, plans, manuals and records.

It shall contain in particular an adequate description of:

— the quality objectives and the organisational structure, responsibilities and powers of the management with

regard to product quality,

— the examinations and tests that will be carried out after manufacture,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.,

— the means to monitor the effective operation of the quality system.

3.3. The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in
point 3.2. It shall presume conformity with these requirements in respect of a quality system that complies with
the corresponding specifications of the national standard that implements the relevant harmonised standard, from
the moment its references have been published.

In addition to experience in quality management systems, the auditing team shall possess appropriate experience in
the relevant field of metrology and instrument technology, and knowledge of the applicable requirements of this
Directive. The evaluation procedure shall include an inspection visit to the manufacturer's premises.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the exam-
ination and the reasoned assessment decision.

3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to

maintain it so that it remains adequate and efficient.

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3.5. The manufacturer shall keep the notified body that has approved the quality system informed of any intended

change of the quality system.

The notified body shall evaluate the changes proposed and decide whether the changed quality system will still
satisfy the requirements referred to in point 3.2 or whether a reassessment is required.

It shall notify its decision to the manufacturer. The notification shall contain the conclusions of the examination
and the reasoned assessment decision.

Surveillance under the responsibility of the notified body

4.1. The purpose of surveillance is to make sure that the manufacturer fulfils the obligations arising out of the approved

quality system.

4.2. The manufacturer shall allow the notified body entrance for inspection purposes to the locations of inspection,

testing and storage, and shall provide it with all necessary information, in particular:

— the quality system documentation,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.

4.3. The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the

quality system and shall provide an audit report to the manufacturer.

4.4. Additionally, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body
may, if necessary, carry out product tests, or have them carried out, to verify that the quality system is functioning
correctly. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

Written declaration of conformity

5.1. The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsibility
of the notified body referred to in point 3.1, the latter's identification number to each measuring instrument that is
in conformity with the type as described in the EC-type examination certificate and satisfies the appropriate
requirements of this Directive.

5.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the instrument
model for which it was drawn up. A copy of the declaration shall be supplied with each measuring instrument that
is placed on the market. However, this requirement may be interpreted as applying to a batch or consignment
rather than individual instruments in those cases where a large number of instruments is delivered to a single user.

6.

The manufacturer shall, for 10 years after the last instrument has been manufactured, keep at the disposal of the
national authorities:

— the documentation referred to in the second indent of point 3.1,

— the change referred to in the second subparagraph of point 3.5, as approved,

— the decisions and reports from the notified body which are referred to in points 3.5, final subparagraph, 4.3

and 4.4.

7.

Each notified body shall periodically make available to the Member State that designated it the list of quality system
approvals issued or refused, and shall immediately inform the Member State that designated it of the withdrawal of
a quality system approval.

Authorised representative

8.

The manufacturer's obligations contained in points 3.1, 3.5, 5.2 and 6 may be fulfilled, on his/her behalf and under
his/her responsibility, by his/her authorised representative.

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C 252 E/29

ANNEX E1

DECLARATION OF CONFORMITY BASED ON QUALITY ASSURANCE OF FINAL PRODUCT INSPECTION
AND TESTING

1.

‘Declaration of conformity based on quality assurance of final product inspection and testing’ is the conformity
assessment procedure whereby the manufacturer fulfils the obligations laid down in this Annex and ensures and
declares that the measuring instruments concerned are in conformity with the appropriate requirements of this
Directive.

Technical documentation

2.

3.

The manufacturer shall establish the technical documentation as described in Annex III. The documentation shall
enable assessment of the conformity of the instrument with the appropriate requirements of this Directive. It shall,
as far as relevant for such assessment, cover the design, manufacture and operation of the instrument.

The manufacturer shall keep the technical documentation at the disposal of the national authorities for 10 years
after the last instrument has been manufactured.

Manufacturing

4.

The manufacturer shall operate an approved quality system for final product inspection and testing of the
measuring instrument concerned as specified in point 5 and shall be subject to surveillance as specified in
point 6.

Quality system

5.1. The manufacturer shall lodge an application for assessment of the quality system with a notified body of his/her

choice.

The application shall include:

— all relevant information for the instrument category envisaged,

— the documentation concerning the quality system,

— the technical documentation referred to in point 2.

5.2. The quality system shall ensure compliance of the instruments with the appropriate requirements of this Directive.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic
and orderly manner in the form of written policies, procedures and instructions. This quality system documentation
must permit a consistent interpretation of the quality programmes, plans, manuals and records.

This documentation shall contain in particular an adequate description of:

— the quality objectives and the organisational structure, responsibilities and powers of the management with

regard to product quality,

— the examinations and tests that will be carried out after manufacture,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.,

— the means to monitor the effective operation of the quality system.

5.3. The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in
point 5.2. It shall presume conformity with these requirements in respect of a quality system that complies with
the corresponding specifications of the national standard that implements the relevant harmonised standard, from
the moment its references have been published.

In addition to experience in quality management systems, the auditing team shall possess appropriate experience in
the relevant field of metrology and instrument technology, and knowledge of the applicable requirements of this
Directive. The evaluation procedure shall include an inspection visit to the manufacturer's premises.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the exam-
ination and the reasoned assessment decision.

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5.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to

maintain it so that it remains adequate and efficient.

5.5. The manufacturer shall keep the notified body that has approved the quality system informed of any intended

change of the quality system.

The notified body shall evaluate the changes proposed and decide whether the changed quality system will still
satisfy the requirements referred to in point 5.2 or whether a reassessment is required.

It shall notify its decision to the manufacturer. The notification shall contain the conclusions of the examination
and the reasoned assessment decision.

Surveillance under the responsibility of the notified body

6.1. The purpose is to make sure that the manufacturer fulfils the obligations arising out of the approved quality

system.

6.2. The manufacturer shall allow the notified body entrance for inspection purposes to the locations of inspection,

testing and storage, and shall provide it with all necessary information, in particular:

— the quality system documentation,

— the technical documentation referred to in point 2,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.

6.3. The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the

quality system and shall provide an audit report to the manufacturer.

6.4. Additionally, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body
may, if necessary, carry out product tests, or have them carried out, to verify that the quality system is functioning
correctly. It shall provide the manufacturer with a visit report and, if tests have been carried out, with a test report.

Written declaration of conformity

7.1. The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsibility
of the notified body referred to in point 5.1, the latter's identification number to each measuring instrument that
satisfies the appropriate requirements of this Directive.

7.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the model of the
instrument for which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

8.

The manufacturer shall, for 10 years after the last instrument has been manufactured, keep at the disposal of the
national authorities:

— the documentation referred to in point 5.1, second indent,

— the change referred to in point 5.5, as approved,

— the decisions and reports from the notified body referred to in points 5.5, 6.3 and 6.4.

9.

Each notified body shall periodically make available to the Member State that designated it the list of quality system
approvals issued or refused, and shall immediately inform the Member State that designated it of the withdrawal of
a quality system approval.

Authorised representative

10. The manufacturer's obligations contained in points 3, 5.1, 5.5, 7.2 and 8 may be fulfilled, on his/her behalf and

under his/her responsibility, by his/her authorised representative.

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DECLARATION OF CONFORMITY TO TYPE BASED ON PRODUCT VERIFICATION

ANNEX F

1.

‘Declaration of conformity to type based on product verification’ is the part of a conformity assessment procedure
whereby the manufacturer fulfils the obligations laid down in this Annex and ensures and declares that the
measuring instruments that have been subjected to the provisions of point 3 are in conformity with the type
as described in the EC-type examination certificate and satisfy the appropriate requirements of this Directive.

Manufacturing

2.

The manufacturer shall take all measures necessary to ensure conformity of the manufactured instruments with the
approved type as described in the EC-type examination certificate and the appropriate requirements of this
Directive.

Verification

3. A notified body chosen by the manufacturer shall carry out the appropriate examinations and tests, or have them
carried out, to check the conformity of the instruments with the type as described in the EC-type examination
certificate and the appropriate requirements of this Directive.

The examinations and tests to check the conformity with the metrological requirements will be carried out, at the
choice of the manufacturer, either by examination and testing of every instrument as specified in point 4, or by
examination and testing of the instruments on a statistical basis as specified in point 5.

4. Verification of conformity with the metrological requirements by examination and testing of every

instrument

4.1. All instruments shall be individually examined and appropriate tests as set out in the relevant documents referred
to in Article 10, or equivalent
tests, shall be carried out to verify their conformity with the metrological
requirements that apply to them. In the absence of a relevant document, the notified body concerned shall
decide on the appropriate tests to be carried out.

4.2. The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out, and
shall affix its identification number to each approved instrument or have it affixed under its responsibility.

The manufacturer shall keep the certificates of conformity available for inspection by the national authorities for 10
years after the certification of the instrument.

5.

Statistical verification of conformity with the metrological requirements

5.1. The manufacturer shall take all measures necessary in order that the manufacturing process ensures the homo-
geneity of each lot produced, and shall present his/her instruments for verification in the form of homogeneous
lots.

5.2. A random sample shall be drawn from each lot according to the requirements of point 5.3. All instruments in the
sample shall be individually examined and appropriate tests as set out in the relevant documents referred to in
Article 10, or equivalent tests, to establish their conformity with the metrological requirements that apply to them
shall be carried out to determine whether the lot is accepted or rejected. In the absence of a relevant document, the
notified body concerned shall decide on the appropriate tests to be carried out.

5.3. The statistical procedure shall meet the following requirements:

The statistical control will be based on attributes. The sampling system shall ensure:

— a level of quality corresponding to a probability of acceptance of 95 %, with a non-conformity of less than 1 %,

— a limit quality corresponding to a probability of acceptance of 5 %, with a non-conformity of less than 7 %.

5.4. If a lot is accepted, all instruments of the lot are approved, except for those instruments from the sample that were

found not to satisfy the tests.

The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out, and
shall affix its identification number to each approved instrument or have it affixed under its responsibility.

The manufacturer shall keep the certificates of conformity available for inspection by the national authorities for 10
years after the certification of the instrument.

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5.5. If a lot is rejected, the notified body shall take appropriate measures to prevent the placing on the market of that
lot. In the event of frequent rejection of lots the notified body may suspend the statistical verification and take
appropriate measures.

Written declaration of conformity

6.1. The manufacturer shall affix the ‘CE’ marking and the supplementary metrology marking to each measuring
instrument that is in conformity with the approved type and satisfies the appropriate requirements of this Directive.

6.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the model of the
instrument for which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

If agreed upon by the notified body referred to in point 3, the manufacturer shall also affix the notified body's
identification number to the measuring instruments under the notified body's responsibility.

7.

The manufacturer may, if agreed upon by the notified body and under its responsibility, affix the notified body's
identification number to the measuring instruments during the manufacturing process.

Authorised representative

8.

The manufacturer's obligations may be fulfilled, on his/her behalf and under his/her responsibility, by his/her
authorised representative, except for the obligations contained in points 2 and 5.1.

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DECLARATION OF CONFORMITY BASED ON PRODUCT VERIFICATION

ANNEX F1

1.

‘Declaration of conformity based on product verification’
is the conformity assessment procedure whereby the
the measuring
manufacturer fulfils the obligations laid down in this Annex and ensures and declares that
instruments that have been subjected to the provisions of point 5 are in conformity with the appropriate
requirements of this Directive.

Technical documentation

2.

3.

The manufacturer shall establish the technical documentation as described in Annex III. The documentation shall
enable assessment of the conformity of the instrument with the appropriate requirements of this Directive. It shall,
as far as is relevant for such assessment, cover the design, manufacture and operation of the instrument.

The manufacturer shall keep the technical documentation at the disposal of the national authorities for 10 years
after the last instrument has been manufactured.

Manufacturing

4.

The manufacturer shall take all measures necessary to ensure conformity of the manufactured instruments with the
appropriate requirements of this Directive.

Verification

5. A notified body chosen by the manufacturer shall carry out the appropriate examinations and tests, or have them
carried out, to check the conformity of the instruments with the appropriate requirements of this Directive.

The examinations and tests to check the conformity with the metrological requirements will be carried out, at the
choice of the manufacturer, either by examination and testing of every instrument as specified in point 6, or by
examination and testing of the instruments on a statistical basis as specified in point 7.

6. Verification of conformity with the metrological requirements by examination and testing of every

instrument

6.1. All instruments shall be individually examined and appropriate tests, as set out in the relevant documents referred
tests, shall be carried out to verify their conformity with the metrological
to in Article 10, or equivalent
requirements that apply to them. In the absence of a relevant document, the notified body concerned shall
decide on the appropriate tests to be carried out.

6.2. The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out, and
shall affix its identification number to each approved instrument or have it affixed under its responsibility.

The manufacturer shall keep the certificates of conformity available for inspection by the national authorities for 10
years after the certification of the instrument.

7. Statistical verification of conformity with the metrological requirements

7.1. The manufacturer shall take all measures necessary in order that the manufacturing process ensures the homo-
geneity of each lot produced, and shall present his instruments for verification in the form of homogeneous lots.

7.2. A random sample shall be drawn from each lot according to the requirements of point 7.3. All instruments in the
sample shall be individually examined and appropriate tests as set out in the relevant documents referred to in
Article 10, or equivalent tests, to establish their conformity with the metrological requirements that apply to them,
shall be carried out to determine whether the lot is accepted or rejected. In the absence of a relevant document, the
notified body concerned shall decide on the appropriate tests to be carried out.

7.3. The statistical procedure shall meet the following requirements:

The statistical control will be based on attributes. The sampling system shall ensure:

— a level of quality corresponding to a probability of acceptance of 95 %, with a non-conformity of less than 1 %,

— a limit quality corresponding to a probability of acceptance of 5 %, with a non-conformity of less than 7 %.

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7.4. If a lot is accepted all instruments of the lot are approved, except for those instruments from the sample that were

found not to satisfy the tests.

The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out, and
shall affix its identification number to each approved instrument or have it affixed under its responsibility.

The manufacturer shall keep the certificates of conformity available for inspection by the national authorities for 10
years after the certification of the instrument.

7.5. If a lot is rejected, the notified body shall take appropriate measures to prevent the placing on the market of that
lot. In the event of frequent rejection of lots the notified body may suspend the statistical verification and take
appropriate measures.

Written declaration of conformity

8.1. The manufacturer shall affix the ‘CE’ marking and the supplementary metrology marking to each measuring

instrument that satisfies the appropriate requirements of this Directive.

8.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the model of the
instrument for which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

If agreed upon by the notified body referred to in point 5, the manufacturer shall also affix the notified body's
identification number to the measuring instruments under the notified body's responsibility.

9.

The manufacturer may, if agreed upon by the notified body and under its responsibility, affix the notified body's
identification number to the measuring instruments during the manufacturing process.

Authorised representative

10. The manufacturer's obligations may be fulfilled, on his/her behalf and under his/her responsibility, by his/her

authorised representative, except for the obligations contained in points 4 and 7.1.

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DECLARATION OF CONFORMITY BASED ON UNIT VERIFICATION

ANNEX G

1.

‘Declaration of conformity based on unit verification’ is the conformity assessment procedure whereby the manu-
facturer fulfils the obligations laid down in this Annex and ensures and declares that a measuring instrument that
has been subjected to the provisions of point 4 is in conformity with the appropriate requirements of this
Directive.

Technical documentation

2.

The manufacturer shall establish the technical documentation as described in Annex III and make it available to the
notified body referred to in point 4. The technical documentation shall enable assessment of the conformity of the
instrument with the appropriate requirements of this Directive and shall, as far as is relevant for such assessment,
cover the design, manufacture and operation of the instrument.

The manufacturer shall keep the technical documentation at the disposal of the national authorities for 10 years.

Manufacturing

3.

The manufacturer shall take all measures necessary to ensure conformity of the manufactured instrument with the
appropriate requirements of this Directive.

Verification

4. A notified body chosen by the manufacturer shall carry out the appropriate examinations and tests as set out in the
relevant documents referred to in Article 10, or equivalent tests, to check the conformity of the instrument with
the appropriate requirements of this Directive, or have them carried out. In the absence of a relevant document, the
notified body concerned shall decide on the appropriate tests to be carried out.

The notified body shall issue a certificate of conformity in respect of the examinations and tests carried out and
affix its identification number to the approved instrument, or have it affixed under its responsibility.

The manufacturer shall keep the certificates of conformity available for inspection by the national authorities for 10
years after the certification of the instrument.

Written declaration of conformity

5.1. The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsibility
of the notified body referred to in point 4, the latter's identification number to each measuring instrument that
satisfies the appropriate requirements of this Directive.

5.2. A declaration of conformity shall be drawn up and kept at the disposal of the national authorities for 10 years after

the instrument has been manufactured. It shall identify the instrument for which it was drawn up.

A copy of the declaration shall be supplied with the measuring instrument.

Authorised representative

6.

The manufacturer's obligations contained in point 2 and 4.2. may be fulfilled, on his/her behalf and under his/her
responsibility, by his/her authorised representative.

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DECLARATION OF CONFORMITY BASED ON FULL QUALITY ASSURANCE

ANNEX H

1.

‘Declaration of conformity based on full quality assurance’ is the conformity assessment procedure whereby the
the measuring
manufacturer fulfils the obligations laid down in this Annex and ensures and declares that
instruments concerned satisfy the appropriate requirements of this Directive.

Manufacturing

2.

The manufacturer shall operate an approved quality system for design, manufacture and final product inspection
and testing of the measuring instrument concerned as specified in point 3, and shall be subject to surveillance as
specified in point 4.

Quality system

3.1. The manufacturer shall lodge an application for assessment of the quality system with a notified body of his/her

choice.

The application shall include:

— all relevant information for the instrument category envisaged,

— the documentation concerning the quality system.

3.2. The quality system shall ensure compliance of the instruments with the appropriate requirements of this Directive.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic
and orderly manner in the form of written policies, procedures and instructions. This quality system documentation
must permit a consistent interpretation of the quality programmes, plans, manuals and records. It shall contain in
particular an adequate description of:

— the quality objectives and the organisational structure, responsibilities and powers of the management with

regard to design and product quality,

— the technical design specifications, including standards, that will be applied and, where the relevant documents
referred to in Article 10 will not be applied in full, the means that will be used to ensure that the essential
requirements of this Directive that apply to the instruments will be met,

— the design control and design verification techniques, processes and systematic actions that will be used when

designing the instruments pertaining to the instrument category covered,

— the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic

actions that will be used,

— the examinations and tests that will be carried out before, during and after manufacture, and their frequency,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.,

— the means to monitor the achievement of the required design and product quality and the effective operation

of the quality system.

3.3. The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in
point 3.2. It shall presume conformity with these requirements in respect of a quality system that complies with
the corresponding specifications of the national standard that implements the relevant harmonised standard, from
the moment its references have been published.

In addition to experience in quality management systems, the auditing team shall possess appropriate experience in
the relevant field of metrology and instrument technology, and knowledge of the applicable requirements of this
Directive. The evaluation procedure shall include an inspection visit to the manufacturer's premises.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the exam-
ination and the reasoned assessment decision.

3.4. The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to

maintain it so that it remains adequate and efficient.

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3.5. The manufacturer shall keep the notified body that has approved the quality system informed of any intended

change of the quality system.

The notified body shall evaluate the changes proposed and decide whether the changed quality system will still
satisfy the requirements referred to in point 3.2 or whether a reassessment is required.

It shall notify its decision to the manufacturer. The notification shall contain the conclusions of the examination
and the reasoned assessment decision.

Surveillance under the responsibility of the notified body

4.1. The purpose of surveillance is to make sure that the manufacturer fulfils the obligations arising out of the approved

quality system.

4.2. The manufacturer shall allow the notified body entrance for inspection purposes to the locations of manufacture,

inspection, testing and storage, and shall provide it with all necessary information, in particular:

— the quality system documentation,

— the quality records as foreseen by the design part of the quality system, such as results of analyses, calculations,

tests, etc.,

— the quality records as foreseen by the manufacturing part of the quality system, such as inspection reports and

test data, calibration data, qualification reports of the personnel concerned, etc.

4.3. The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the

quality system and shall provide an audit report to the manufacturer.

4.4. Additionally, the notified body may pay unexpected visits to the manufacturer. During such visits the notified body
may, if necessary, carry out product tests, or have them carried out under its responsibility, to verify that the
quality system is functioning correctly. It shall provide the manufacturer with a visit report and, if tests have been
carried out, with a test report.

Written declaration of conformity

5.1. The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsibility
of the notified body referred to in point 3.1, the latter's identification number to each measuring instrument that
satisfies the appropriate requirements of this Directive.

5.2. A declaration of conformity is drawn up for an instrument model and shall be kept at the disposal of the national
authorities for 10 years after the last instrument has been manufactured. It shall identify the instrument model for
which it was drawn up.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market. However,
this requirement may be interpreted as applying to a batch or consignment rather than individual instruments in
those cases where a large number of instruments is delivered to a single user.

6.

The manufacturer shall, for 10 years after the last instrument has been manufactured, keep at the disposal of the
national authorities:

— the documentation concerning the quality system referred to in point 3.1, second indent,

— the change referred to in point 3.5, as approved,

— the decisions and reports from the notified body referred to in points 3.5, 4.3 and 4.4.

7.

Each notified body shall periodically make available to the Member State that designated it the list of quality system
approvals issued or refused, and shall immediately inform the Member State that designated it of the withdrawal of
a quality system approval.

Authorised representative

8.

The manufacturer's obligations contained in points 3.1, 3.5, 5.2 and 6 may be fulfilled, on his/her behalf and under
his/her responsibility, by his/her authorised representative.

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ANNEX H1

DECLARATION OF CONFORMITY BASED ON FULL QUALITY ASSURANCE PLUS DESIGN EXAMINATION

1.

‘Declaration of conformity based on full quality assurance plus design examination’ is the conformity assessment
procedure whereby the manufacturer fulfils the obligations laid down in this Annex and ensures and declares that
the measuring instruments concerned satisfy the appropriate requirements of this Directive.

Manufacturing

2.

The manufacturer shall operate an approved quality system for design, manufacture and final product inspection
and testing of the measuring instrument concerned as specified in point 3, and shall be subject to surveillance as
specified in point 5. The adequacy of the technical design of the measuring instrument shall have been examined
according to the provisions of point 4.

Quality system

3.1.

The manufacturer shall lodge an application for assessment of the quality system with a notified body of his/her
choice.

The application shall include:

— all relevant information for the instrument category envisaged,

— the documentation concerning the quality system.

3.2.

The quality system shall ensure compliance of the instruments with the appropriate requirements of this
Directive.

All the elements, requirements and provisions adopted by the manufacturer shall be documented in a systematic
and orderly manner in the form of written policies, procedures and instructions. This quality system documen-
tation must permit a consistent interpretation of the quality programmes, plans, manuals and records. It shall
contain in particular an adequate description of:

— the quality objectives and the organisational structure, responsibilities and powers of the management with

regard to design and product quality,

— the technical design specifications,

that will be applied and, where the relevant
documents referred to in Article 10 will not be applied in full, the means that will be used to ensure
that the essential requirements of this Directive that apply to the instruments will be met,

including standards,

— the design control and design verification techniques, processes and systematic actions that will be used when

designing the instruments pertaining to the instrument category covered,

— the corresponding manufacturing, quality control and quality assurance techniques, processes and systematic

actions that will be used,

— the examinations and tests that will be carried out before, during and after manufacture, and the frequency

with which they will be carried out,

— the quality records, such as inspection reports and test data, calibration data, qualification reports of the

personnel concerned, etc.,

— the means to monitor the achievement of the required design and product quality and the effective operation

of the quality system.

3.3.

The notified body shall assess the quality system to determine whether it satisfies the requirements referred to in
point 3.2. It shall presume conformity with these requirements in respect of a quality system that complies with
the corresponding specifications of the national standard that implements the relevant harmonised standard, from
the moment its references have been published in the Official Journal of the European Union.

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In addition to experience in quality management systems, the auditing team shall possess appropriate experience in
the relevant field of metrology and instrument technology, and knowledge of the applicable requirements of this
Directive. The evaluation procedure shall include an inspection visit to the manufacturer's premises.

The decision shall be notified to the manufacturer. The notification shall contain the conclusions of the exam-
ination and the reasoned assessment decision.

3.4.

The manufacturer shall undertake to fulfil the obligations arising out of the quality system as approved and to
maintain it so that it remains adequate and efficient.

3.5.

The manufacturer shall keep the notified body that has approved the quality system informed of any intended
change of the quality system.

The notified body shall evaluate the changes proposed and decide whether the changed quality system will still
satisfy the requirements referred to in point 3.2 or whether a reassessment is required.

It shall notify its decision to the manufacturer. The notification shall contain the conclusions of the examination
and the reasoned assessment decision.

3.6.

Each notified body shall periodically make available to the Member State that designated it the list of quality
system approvals issued or refused, and shall immediately inform the Member State that designated it of the
withdrawal of a quality system approval.

Design examination

4.1.

The manufacturer shall lodge an application for examination of the design with the notified body referred to in
point 3.1.

4.2.

The application shall enable understanding of the design, manufacture and operation of the instrument, and shall
enable assessment of conformity with the appropriate requirements of this Directive. It shall include:

— the name and address of the manufacturer,

— a written declaration that the same application has not been lodged with any other notified body,

— the technical documentation as described in Annex III. The documentation shall enable assessment of the
conformity of the instrument with the appropriate requirements of this Directive. It shall, as far as is relevant
for such assessment, cover the design and operation of the instrument,

— the supporting evidence for the adequacy of the technical design. This evidence shall mention any documents
that have been applied, in particular where the relevant documents referred to in Article 10 have not been
applied in full, and shall
include, where necessary, the results of tests carried out by the appropriate
laboratory of the manufacturer, or by another testing laboratory on his/her behalf and under his/her
responsibility.

4.3.

The notified body shall examine the application, and where the design meets the provisions of the Directive that
apply to the measuring instrument it shall issue an EC design examination certificate to the manufacturer. The
certificate shall contain the name and address of the manufacturer, the conclusions of the examination, any
conditions for its validity and the necessary data for identification of the approved instrument.

4.3.1. All relevant parts of the technical documentation shall be annexed to the certificate.

4.3.2. The certificate or its Annexes shall contain all relevant information for conformity evaluation and in-service
control. It shall allow the evaluation of conformity of the manufactured instruments with the examined design
regarding the reproducibility of their metrological performances, when they are properly adjusted using appro-
priate means, including:

— the metrological characteristics of the design of the instrument,

— measures required for ensuring the integrity of the instruments (sealing,

identification of software, etc.),

— information on other elements necessary for the identification of the instrument and to check its visual

external conformity to the design,

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— if appropriate, any specific information necessary to verify the characteristics of manufactured instruments,

— in the case of a sub-assembly, all necessary information to ensure the compatibility with other sub-assemblies

or measuring instruments.

4.3.3. The notified body shall establish an evaluation report in this regard and keep it at the disposal of the Member
State that designated it. Without prejudice to Annex II, point 8, the notified body shall release the content of this
report, in full or in part, only with the agreement of the manufacturer.

The certificate shall have a validity of 10 years from the date of its issue, and may be renewed for subsequent
periods of 10 years each.

If the manufacturer is denied a design examination certificate, the notified body shall provide detailed reasons for
the denial.

4.4.

The manufacturer shall keep the notified body that has issued the EC design examination certificate informed of
any fundamental modification to the approved design. Modifications to the approved design must receive
from the notified body that issued the EC design examination certificate, where such
additional approval
changes may affect the conformity with the essential requirements of this Directive, the conditions for validity
of the certificate or the prescribed conditions for use of the instrument. This additional approval is given in the
form of an addition to the original EC design examination certificate.

4.5.

Each notified body shall periodically make available to the Member State that designated it:

— EC design examination certificates and Annexes issued,

— additions and amendments relating to certificates issued.

Each notified body shall immediately inform the Member State that designated it of the withdrawal of an EC
design examination certificate.

4.6.

The manufacturer or his/her authorised representative shall keep a copy of the EC design examination certificate,
its Annexes and additions with the technical documentation for 10 years after the last measuring instrument has
been manufactured.

Where neither the manufacturer nor his/her authorised representative is established within the Community, the
obligation to make the technical documentation available on request shall be the responsibility of the person
designated by the manufacturer.

Surveillance under the responsibility of the notified body

5.1.

The purpose of surveillance is to make sure that the manufacturer fulfils the obligations arising out of the
approved quality system.

5.2.

The manufacturer shall allow the notified body entrance for inspection purposes to the locations of design,
manufacture, inspection, testing and storage, and shall provide it with all necessary information, in particular:

— the quality system documentation,

— the quality records as foreseen by the design part of the quality system, such as results of analyses,

calculations, tests, etc.,

— the quality records as foreseen by the manufacturing part of the quality system, such as inspection reports

and test data, calibration data, qualification reports of the personnel concerned, etc.

5.3.

The notified body shall carry out periodic audits to make sure that the manufacturer maintains and applies the
quality system and shall provide an audit report to the manufacturer.

5.4. Additionally, the notified body may pay unexpected visits to the manufacturer. During such visits the notified
body may, if necessary, carry out product tests, or have them carried out under its responsibility, to verify that
the quality system is functioning correctly. It shall provide the manufacturer with a visit report and, if tests have
been carried out, with a test report.

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Written declaration of conformity

6.1.

The manufacturer shall affix the ‘CE’ marking, the supplementary metrology marking and, under the responsi-
bility of the notified body referred to in point 3.1, the latter's identification number to each measuring instrument
that satisfies the appropriate requirements of this Directive.

6.2. A declaration of conformity is drawn up for each instrument model and shall be kept at the disposal of the
national authorities for 10 years after the last instrument has been manufactured. It shall identify the model of
the instrument for which it was drawn up and shall mention the number of the design examination certificate.

A copy of the declaration shall be supplied with each measuring instrument that is placed on the market.
However, this requirement may be interpreted as applying to a batch or consignment rather than individual
instruments in those cases where a large number of instruments is delivered to a single user.

7.

The manufacturer shall, for 10 years after the last instrument has been manufactured, keep at the disposal of the
national authorities:

— the documentation referred to in point 3.1, second indent,

— the change referred to in point 3.5, as approved,

— the decisions and reports of the notified body referred to in points 3.5, 5.3 and 5.4.

Authorised representative

8.

The manufacturer's obligations contained in points 3.1, 3.5, 6.2 and 7 may be fulfilled, on his/her behalf and
under his/her responsibility, by his/her authorised representative.

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ANNEX MI-001

WATER METERS

The relevant requirements of Annex I,
this Annex and the conformity assessment
procedures listed in this Annex apply to water meters intended for the measurement of volumes of clean, cold or
heated water in residential, commercial and light industrial use.

the specific requirements of

DEFINITIONS

Water meter

An instrument designed to measure, memorise and display the volume at metering conditions of water passing through
the measurement transducer.

Minimum flowrate (Q1)

The lowest flowrate at which the water meter provides indications that satisfy the requirements concerning the
maximum permissible errors (MPEs).

Transitional flowrate (Q2)

The transitional flowrate is the flowrate value occurring between the permanent and minimum flowrates, at which the
flowrate range is divided into two zones, the ‘upper zone’ and the ‘lower zone’. Each zone has a characteristic MPE.

Permanent flowrate (Q3)

The highest flowrate at which the water meter operates in a satisfactory manner under normal conditions of use, i.e.
under steady or intermittent flow conditions.

Overload flowrate (Q4)

The overload flowrate is the highest flowrate at which the meter operates in a satisfactory manner for a short period of
time without deteriorating.

SPECIFIC REQUIREMENTS

Rated operating conditions

The manufacturer shall specify the rated operating conditions for the instrument, in particular;

1.

The flowrate range of the water.

The values for the flowrate range shall fulfil the following conditions:

Q3/Q1 ‡ 10

Q2/Q1 = 1,6

Q4/Q3 = 1,25

For five years from the date of entry into force of this Directive the ratio Q2/Q1 may be: 1,5, 2,5, 4, or 6,3.

2.

The temperature range of the water.

The values for the temperature range shall fulfil the following conditions:

0,1 °C to at least 30 °C, or

30 °C to at least 90 °C.

The meter may be designed to operate over both ranges.

3.

4.

The relative pressure range of the water, the range being 0,3 bar to at least 10 bar at Q3.

For the power supply: the nominal value of the AC voltage supply and/or the limits of DC supply.

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MPE

5.

The MPE, positive or negative, on volumes delivered at flowrates between the transitional flowrate (Q2) (included)
and the overload flowrate (Q4) is:

2 % for water having a temperature £ 30 °C,

3 % for water having a temperature > 30 °C.

6.

The MPE, positive or negative, on volumes delivered at flowrates between the minimum flowrate (Q1) and the
transitional flowrate (Q2) (excluded) is 5 % for water having any temperature.

Permissible effect of disturbances

7.1.

Electromagnetic immunity

7.1.1. The effect of an electromagnetic disturbance on a water meter shall be such that:

— the change in the measurement result is no greater than the critical change value as defined in point 8.1.4, or

— the indication of the measurement result is such that it cannot be interpreted as a valid result, such as a

momentary variation that cannot be interpreted, memorised or transmitted as a measuring result.

7.1.2. After undergoing an electromagnetic disturbance the water meter shall:

— recover to operate within MPE,

— have all measurement functions safeguarded,

— allow recovery of all measurement data present just before the disturbance.

7.1.3. The critical change value is the smaller of the two following values:

— the volume corresponding to half of the magnitude of the MPE in the upper zone on the measured volume,

— the volume corresponding to the MPE on the volume corresponding to one minute at flowrate Q3.

7.2. Durability

After an appropriate test, taking into account the period of time estimated by the manufacturer, has been
performed, the following criteria shall be satisfied:

7.2.1. The variation of the measurement result after the durability test, when compared with the initial measurement

result, shall not exceed:

— 3 % of the metered volume between Q1 included and Q2 excluded,

— 1,5 % of the metered volume between Q2 included and Q4 included.

7.2.2. The error of indication for the volume metered after the durability test shall not exceed:

— ± 6 % of the metered volume between Q1 included and Q2 excluded,

— ± 2,5 % of the metered volume between Q2 included and Q4 included for water meters intended to meter

water with a temperature between 0,1 °C and 30 °C,

— ± 3,5 % of the metered volume between Q2 included and Q4 included for water meters intended to meter

water with a temperature between 30 °C and 90 °C.

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Suitability

8.1.

The meter shall be able to be installed to operate in any position unless clearly marked otherwise.

8.2.

The manufacturer shall specify whether the meter is designed to measure reverse flow. In such a case, the reverse
flow volume shall either be subtracted from the cumulated volume or shall be separately recorded. The same
MPE shall apply to both forward and reverse flow.

Water meters not designed to measure reverse flow shall either prevent reverse flow or shall withstand an
accidental reverse flow without any deterioration or change in metrological properties.

Units of measurement

9.

Metered volume shall be displayed in cubic metres.

Putting into Use

10.

The Member State shall ensure that the requirements under points 1, 2 and 3 are determined by the distributor
or the person legally designated for installing the meter, so that the meter is appropriate for the accurate
measurement of consumption that is foreseen or foreseeable.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

B + F or B + D or H1.

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ANNEX MI-002

GAS METERS AND VOLUME CONVERSION DEVICES

The relevant requirements of Annex I,
procedures listed in this Annex apply to gas meters and volume conversion devices defined below,
residential, commercial and light industrial use.

this Annex and the conformity assessment
intended for

the specific requirements of

DEFINITIONS

Gas meter

An instrument designed to measure, memorise and display the quantity of fuel gas (volume or mass) that has passed it.

Conversion device

A device fitted to a gas meter that automatically converts the quantity measured at metering conditions into a quantity
at base conditions.

Minimum flowrate (Qmin)

The lowest flowrate at which the gas meter provides indications that satisfy the requirements regarding maximum
permissible error (MPE).

Maximum flowrate (Qmax)

The highest flowrate at which the gas meter provides indications that satisfy the requirements regarding MPE.

Transitional flowrate (Qt)

The transitional flowrate is the flowrate occurring between the maximum and minimum flowrates at which the flowrate
range is divided into two zones, the ‘upper zone’ and the ‘lower zone’. Each zone has a characteristic MPE.

Overload flowrate (Qr)

The overload flowrate is the highest flowrate at which the meter operates for a short period of time without deterio-
rating.

Base conditions

The specified conditions to which the measured quantity of fluid is converted.

PART I — SPECIFIC REQUIREMENTS — GAS METERS

1.

Rated operating conditions

The manufacturer shall specify the rated operating conditions of the gas meter, taking into account:

1.1.

The flowrate range of the gas shall fulfil at least the following conditions:

Class

1,5

1,0

Qmax/Qmin

‡ 150

‡ 20

Qmax/Qt

‡ 10

‡ 5

Qr/Qmax

1,2

1,2

1.2.

The temperature range of the gas, with a minimum range of 40 °C.

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1.3.

The fuel/gas related conditions.

The gas meter shall be designed for the range of gases and supply pressures of the country of destination. In
particular the manufacturer shall indicate:

— the gas family or group,

— the maximum operating pressure.

1.4.

A minimum temperature range of 50 °C for the climatic environment.

1.5.

The nominal value of the AC voltage supply and/or the limits of DC supply.

2.

Maximum permissible errors (MPEs)

2.1.

Gas meter indicating the volume at metering conditions or mass

Class

Qmin £ Q < Qt

Qt £ Q £ Qmax

Table 1

1.5

3 %

1,5 %

1.0

2 %

1 %

When the errors between Qt and Qmax all have the same sign, they shall all not exceed 1 % for class 1.5 and
0,5 % for class 1.0.

2.2.

For a gas meter with temperature conversion, which only indicates the converted volume, the MPE of the meter
is increased by 0,5 % in a range of 30 °C extending symmetrically around the temperature specified by the
manufacturer that lies between 15 °C and 25 °C. Outside this range, an additional increase of 0,5 % is permitted
in each interval of 10 °C.

3.

Permissible effect of disturbances

3.1.

Electromagnetic immunity

3.1.1. The effect of an electromagnetic disturbance on a gas meter or volume conversion device shall be such that:

— the change in the measurement result is no greater than the critical change value as defined in point 3.1.3,

or

— the indication of the measurement result is such that it cannot be interpreted as a valid result, such as a

momentary variation that cannot be interpreted, memorised or transmitted as a measuring result.

3.1.2. After undergoing a disturbance, the gas meter shall:

— recover to operate within MPE,

— have all measurement functions safeguarded,

— allow recovery of all measurement data present just before the disturbance.

3.1.3. The critical change value is the smaller of the two following values:

— the quantity corresponding to half of the magnitude of the MPE in the upper zone on the measured volume,

— the quantity corresponding to the MPE on the quantity corresponding to one minute at maximum flowrate.

3.2.

Effect of upstream-downstream flow disturbances

Under installation conditions specified by the manufacturer, the effect of the flow disturbances shall not exceed
one third of the MPE.

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4.

Durability

After an appropriate test, taking into account the period of time estimated by the manufacturer, has been
performed, the following criteria shall be satisfied:

4.1.

Class 1.5 meters

4.1.1. The variation of the measurement result after the durability test when compared with the initial measurement
result for the flow rates in the range Qt to Qmax shall not exceed the measurement result by more than 2 %.

4.1.2. The error of indication after the durability test shall not exceed twice the MPE in point 2.

4.2.

Class 1.0 meters

4.2.1. The variation of the measurement result after the durability test when compared with the initial measurement

result shall not exceed one third of the MPE in point 2.

4.2.2. The error of indication after the durability test shall not exceed the MPE in point 2.

5.

Suitability

5.1.

5.2.

5.3.

5.4.

A gas meter powered from the mains (AC or DC) shall be provided with an emergency power supply device or
other means to ensure, during a failure of the principal power source, that all measuring functions are safe-
guarded.

A dedicated power source shall have a lifetime of at least five years. After 90 % of its lifetime an appropriate
warning shall be shown.

An indicating device shall have a sufficient number of digits to ensure that the quantity passed during 8 000
hours at Qmax does not return the digits to their initial values.

The gas meter shall be able to be installed to operate in any position declared by the manufacturer in its
installation instruction.

5.5.

The gas meter shall have a test element, which shall enable tests to be carried out in a reasonable time.

5.6.

The gas meter shall respect the MPE in any flow direction or only in one flow direction clearly marked.

6.

Units

Metered quantity shall be displayed in cubic metres, or in kilograms.

PART II — SPECIFIC REQUIREMENTS — VOLUME CONVERSION DEVICES

A volume conversion device constitutes a sub-assembly according to Article 3(b), second indent.

For a volume conversion device, the essential requirements for the gas meter shall apply, if applicable. In addition, the
following requirements shall apply:

7.

Base conditions for converted quantities

The manufacturer shall specify the base conditions for converted quantities.

8.

MPE

— 0,5 % at ambient temperature 20 °C ± 3 °C, ambient humidity 60 % ± 15 %, nominal values for power

supply,

— 0,7 % for temperature conversion devices at rated operating conditions,

— 1 % for other conversion devices at rated operating conditions.

Note: The error of the gas meter is not taken into account.

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9.

Suitability

9.1.

An electronic conversion device shall be capable of detecting when it is operating outside the operating range(s)
stated by the manufacturer for parameters that are relevant for measurement accuracy. In such a case, the
conversion device must stop integrating the converted quantity, and may totalise separately the converted
quantity for the time it is operating outside the operating range(s).

9.2.

An electronic conversion device shall be capable to display all relevant data for the measurement without
additional equipment.

PART III — PUTTING INTO USE AND CONFORMITY ASSESSMENT

Putting into use

10. (a) Where a Member State imposes measurement of residential use,

it shall allow such measurement to be
performed by means of any class 1.5 meter, and by class 1.0 meters which have a Qmax/Qmin ratio equal or
greater than 150.

(b) Where a Member State imposes measurement of commercial and/or light industrial use, it shall allow such

measurement to be performed by any class 1.5 meter.

(c) As regards the requirements under points 1.2 and 1.3, Member States shall ensure that the properties be
determined by the distributor or the person legally designated for installing the meter, so that the meter is
appropriate for the accurate measurement of consumption that is foreseen or foreseeable.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

B + F or B + D or H1.

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ANNEX MI-003

ACTIVE ELECTRICAL ENERGY METERS

The relevant requirements of Annex I,
this Annex and the conformity assessment
procedures listed in this Annex apply to active electrical energy meters intended for residential, commercial and light
industrial use.

the specific requirements of

Note: Electrical energy meters may be used in combination with external instrument transformers, depending upon the
measurement technique applied. However, this Annex covers only electrical energy meters but not instrument trans-
formers.

DEFINITIONS

An active electrical energy meter is a device which measures the active electrical energy consumed in a circuit.

I

In

Ist

= the electrical current flowing through the meter,

= the specified reference current for which the transformer-operated meter has been designed,

= the lowest declared value of I at which the meter registers active electrical energy at unity power factor

(polyphase meters with balanced load),

Imin = the value of I above which the error lies within maximum permissible errors (MPEs) (polyphase meters with

balanced load),

Itr

= the value of I above which the error lies within the smallest MPE corresponding to the class index of the meter,

Imax = the maximum value of I for which the error lies within the MPEs,

U

Un

f

fn

= the voltage of the electricity supplied to the meter,

= the specified reference voltage,

= the frequency of the voltage supplied to the meter,

= the specified reference frequency,

PF

= power factor = cosφ = the cosine of the phase difference φ between I and U.

SPECIFIC REQUIREMENTS

1.

Accuracy

The manufacturer shall specify the class index of the meter. The class indices are defined as: classes A, B and C.

2.

Rated operating conditions

The manufacturer shall specify the rated operating conditions of the meter; in particular:

The values of fn, Un, In, Ist, Imin, Itr and Imax that apply to the meter. For the current values specified, the meter
shall satisfy the conditions given in Table 1.

Table 1

For direct-connected meters

Ist
Imin
Imax
For transformer-operated meters

Ist
Imin
In
Imax

(1) For class B electromechanical meters Imin £ 0,4 · Itr shall apply.

Class A

Class B

Class C

£ 0,05 · Itr
£ 0,5 · Itr
‡ 50 · Itr

£ 0,04 · Itr
£ 0,5 · Itr
‡ 50 · Itr

£ 0,04 · Itr
£ 0,3 · Itr
‡ 50 · Itr

£ 0,06 · Itr
£ 0,4 · Itr
= 20 · Itr
‡ 1.2 · In

£ 0,04 · Itr
£ 0,2 · Itr (1)
= 20 · Itr
‡ 1.2 · In

£ 0,02 · Itr
£ 0,2 · Itr
= 20 · Itr
‡ 1.2 · In

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The voltage, frequency and power factor ranges within which the meter shall satisfy the MPE requirements are
specified in Table 2. These ranges shall recognise the typical characteristics of electricity supplied by public
distribution systems.

The voltage and frequency ranges shall be at least:

0,9 Un £ U £ 1,1 Un

0,98 fn £ f £ 1,02 fn

power factor range at least from cosφ = 0,5 inductive to cosφ = 0,8 capacitive.

3.

MPEs

The effects of the various measurands and influence quantities (a,b,c,
. . .) are evaluated separately, all other
measurands and influence quantities being kept relatively constant at their reference values. The error of
measurement, that shall not exceed the MPE stated in Table 2, is calculated as:

Error of measurement =

ﬃp

a2 + b2 + c2 . . .

When the meter is operating under varying-load current, the percentage errors shall not exceed the limits given
in Table 2.

MPEs in percent at rated operating conditions and defined load current levels and operating temperature

Table 2

Operating temperatures Operating temperatures Operating temperatures Operating temperatures

+ 5 °C . . . + 30 °C

– 10 °C . . . + 5 °C
or
+ 30 °C . . . + 40 °C

– 25 °C . . . – 10 °C
or
+ 40 °C . . . + 55 °C

– 40 °C . . . – 25 °C
or
+ 55 °C . . . + 70 °C

Meter class

A

B

C

A

B

C

A

B

C

A

B

C

Single phase meter; polyphase meter if operating with balanced loads

Imin £ I < Itr

Itr £ I £ Imax

3,5

3,5

2

2

1

5

0,7

4,5

2,5

2,5

1,3

1

7

7

3,5

3,5

1,7

1,3

9

9

4

4

2

1,5

Polyphase meter if operating with single phase load

Itr £ I £ Imax,
see exception below

4

2,5

1

5

3

1,3

7

4

1,7

9

4,5

2

For electromechanical polyphase meters the current range for single-phase load is limited to 5Itr £ I £ Imax.

When a meter operates in different temperature ranges the relevant MPE values shall apply.

4.

Permissible effect of disturbances

4.1.

General

As electrical energy meters are directly connected to the mains supply and as mains current is also one of the
measurands, a special electromagnetic environment is used for electricity meters.

The meter shall comply with the electromagnetic environment E2 and the additional requirements in points 4,2
and 4,3

The electromagnetic environment and permissible effects reflect the situation that there are disturbances of long
duration which shall not affect the accuracy beyond the critical change values and transient disturbances, which
may cause a temporary degradation or loss of function or performance but from which the meter shall recover
and shall not affect the accuracy beyond the critical change values.

When there is a foreseeable high risk due to lightning or where overhead supply networks are predominant, the
metrological characteristics of the meter shall be protected.

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4.2.

Effect of disturbances of long duration

Table 3

Critical change values for disturbances of long duration

Disturbance

Critical change values in percent for meters of class

Reversed phase sequence

Voltage unbalance (only applicable to polyphase meters)

Harmonic contents in the current circuits (1)

DC and harmonics in the current circuit (1)

Fast transient bursts

Magnetic fields; HF (radiated RF) electromagnetic field, conducted
disturbances introduced by radio-frequency fields and oscillatory
waves immunity

A

1,5

4

1

6

6

3

B

1,5

2

0,8

3

4

2

C

0,3

1

0,5

1,5

2

1

(1) In the case of electromechanical electricity meters, no critical change values are defined for harmonic contents in the current

circuits and for DC and harmonics in the current circuit.

4.3.

Permissible effect of transient electromagnetic phenomena

4.3.1. The effect of an electromagnetic disturbance on an electrical energy meter shall be such that during and

immediately after a disturbance:

— any output intended for testing the accuracy of the meter does not produce pulses or signals corresponding

to an energy of more than the critical change value

and in reasonable time after the disturbance the meter shall

— recover to operate within the MPE limits,

— have all measurement functions safeguarded,

— allow recovery of all measurement data present prior to the disturbance and

— not indicate a change in the registered energy of more than the critical change value.

The critical change value in kWh is m Un Imax 10–6

(m being the number of measuring elements of the meter, Un in volts and Imax in amps).

4.3.2. For overcurrent the critical change value is 1,5 %.

5.

Suitability

5.1.

Below the rated operating voltage the positive error of the meter shall not exceed 10 %.

5.2.

The display of the total energy shall have a sufficient number of digits to ensure that when the meter is operated
for 4 000 hours at full load (I = Imax, U = Un and PF = 1) the indication does not return to its initial value and
shall not be able to be reset during use.

5.3.

In the event of loss of electricity in the circuit, the amounts of electrical energy measured shall remain available
for reading during a period of at least four months.

5.4.

Running with no load

When the voltage is applied with no current flowing in the current circuit (current circuit shall be open circuit),
the meter shall not register energy at any voltage between 0,8 Un and 1,1 Un.

5.5.

Starting

The meter shall start and continue to register at Un, PF = 1 (polyphase meter with balanced loads) and a current
which is equal to Ist.

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6.

Units

The electrical energy measured shall be displayed in kilowatt-hours or in megawatt-hours.

7.

Putting into use

(a) Where a Member State imposes measurement of residential use,

it shall allow such measurement to be
performed by means of any class A meter. For specified purposes the Member State is authorised to
require any class B meter.

(b) Where a Member State imposes measurement of commercial and/or light industrial use, it shall allow such
measurement to be performed by any class B meter. For specified purposes the Member State is authorised to
require any class C meter.

(c) The Member State shall ensure that the current range be determined by the distributor or the person legally
designated for installing the meter, so that the meter is appropriate for the accurate measurement of
consumption that is foreseen or foreseeable.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

B + F or B + D or H1.

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ANNEX MI-004

HEAT METERS

The relevant requirements of Annex I, the specific requirements and the conformity assessment procedures listed in this
Annex apply to heat meters defined below, intended for residential, commercial and light industrial use.

DEFINITIONS

A heat meter is an instrument designed to measure the heat which, in a heat exchange circuit, is given up by a liquid
called the heat-conveying liquid.

A heat meter is either a complete instrument or a combined instrument consisting of the sub-assemblies, flow sensor,
temperature sensor pair and calculator, as defined in Article 3(b), or a combination thereof.

(cid:1)

(cid:1)in

(cid:1)out

= the temperature of the heat-conveying liquid,

= the value of (cid:1) at the inlet of the heat exchange circuit,

= the value of (cid:1) at the outlet of the heat exchange circuit,

∆(cid:1)

= the temperature difference (cid:1)in — (cid:1)out with ∆(cid:1) ‡ 0,

(cid:1)max

(cid:1)min

= the upper limit of (cid:1) for the heat meter to function correctly within the MPEs,

= the lower limit of (cid:1) for the heat meter to function correctly within the MPEs,

∆(cid:1)max = the upper limit of ∆(cid:1) for the heat meter to function correctly within the MPEs,

∆(cid:1)min = the lower limit of ∆(cid:1) for the heat meter to function correctly within the MPEs,

q

qs

qp

qi

P

Ps

= the flow rate of the heat-conveying liquid,

= the highest value of q that is permitted for short periods of time for the heat meter to function correctly,

= the highest value of q that is permitted permanently for the heat meter to function correctly,

= the lowest value of q that is permitted for the heat meter to function correctly,

= the thermal power of the heat exchange,

= the upper limit of P that is permitted for the heat meter to function correctly.

SPECIFIC REQUIREMENTS

1.

Rated operating conditions

The values of the rated operating conditions shall be specified by the manufacturer as follows:

1.1.

For the temperature of the liquid: (cid:1)max, (cid:1)min,

— for the temperature differences: ∆(cid:1)max, ∆(cid:1)min,

subject to the following restrictions: ∆(cid:1)max/∆(cid:1)min ‡ 10; ∆(cid:1)min = 3 K or 5 K or 10 K.

1.2.

1.3.

For the pressure of the liquid: the maximum positive internal pressure that the heat meter can withstand
permanently at the upper limit of the temperature.

For the flow rates of the liquid: qs, qp, qi, where the values of qp and qi are subject to the following restriction:
qp/qi ‡ 10.

1.4.

For the thermal power: Ps.

2.

Accuracy classes

The following accuracy classes are defined for heat meters: 1, 2, 3.

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3.

MPEs applicable to complete heat meters

The maximum permissible relative errors applicable to a complete heat meter, expressed in percent of the true
value for each accuracy class, are:

— For class 1: E = Ef + Et + Ec, with Ef, Et, Ec according to points 7.1 to 7.3.

— For class 2: E = Ef + Et + Ec, with Ef, Et, Ec according to points 7.1 to 7.3.

— For class 3: E = Ef + Et + Ec, with Ef, Et, Ec according to points 7.1 to 7.3.

4.

Permissible influences of electromagnetic disturbances

4.1.

4.2.

The instrument shall not be influenced by static magnetic fields and by electromagnetic fields at mains
frequency.

The influence of an electromagnetic disturbance shall be such that the change in the measurement result is not
greater than the critical change value as laid down in point 4.3 or the indication of the measurement result is
such that it cannot be interpreted as a valid result.

4.3.

The critical change value for a complete heat meter is equal to the absolute value of the MPE applicable to that
heat meter (see point 3).

5.

Durability

After an appropriate test, taking into account the period of time estimated by the manufacturer, has been
performed, the following criteria shall be satisfied:

Flow sensors: The variation of the measurement result after the durability test, when compared with the initial
measurement result, shall not exceed the critical change value.

Temperature sensors: The variation of the measurement result after the durability test, when compared with the
initial measurement result, shall not exceed 0,1 °C.

5.1.

5.2.

6.

Inscriptions on a heat meter

— Accuracy class

— Limits of flowrate

— Limits of temperature

— Limits of temperature difference

— Place of the flow sensor installation — flow or return

— Indication of the direction of flow

7.

Sub-assemblies

The provisions for sub-assemblies may apply to sub-assemblies manufactured by the same or different manu-
facturers. Where a heat meter consists of sub-assemblies, the essential requirements for the heat meter apply to
the sub-assemblies as relevant. In addition, the following apply:

7.1.

The relative MPE of the flow sensor, expressed in %, for accuracy classes:

— Class 1: Ef = (1 + 0,01 qp/q), but not more than 5 %,

— Class 2: Ef = (2 + 0,02 qp/q), but not more than 5 %,

— Class 3: Ef = (3 + 0,05 qp/q), but not more than 5 %,

where the error Ef relates the indicated value to the true value of the relationship between flow sensor output
signal and the mass or the volume.

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7.2.

The relative MPE of the temperature sensor pair, expressed in %:

— Et = (0,5 + 3·∆(cid:1)min/∆(cid:1)),

where the error Et relates the indicated value to the true value of the relationship between temperature sensor
pair output and temperature difference.

7.3.

The relative MPE of the calculator, expressed in %:

— Ec = (0,5 + ∆(cid:1)min/∆(cid:1)),

where the error Ec relates the value of the heat indicated to the true value of the heat.

7.4.

The critical change value for a sub-assembly of a heat meter is equal to the respective absolute value of the MPE
applicable to the sub-assembly (see points 7.1, 7.2 or 7.3).

7.5.

Inscriptions on the sub-assemblies

Flow sensor:

Accuracy class

Limits of flowrate

Limits of temperature

Nominal meter factor (e.g. litres/pulse) or corresponding output signal

Indication of the direction of flow

Temperature sensor pair:

Type identification (e.g. Pt 100)

Limits of temperature

Limits of temperature difference

Type of temperature sensors

— Limits of temperature

— Limits of temperature difference

— Required nominal meter factor (e.g.

litres/pulse) or corresponding

input signal coming from the flow sensor

— Place of the flow sensor installation — flow or return

Calculator:

PUTTING INTO USE

8. (a) Where a Member State imposes measurement of residential use,

it shall allow such measurement to be

performed by means of any class 3 meter.

(b) Where a Member State imposes measurement of commercial and/or light industrial use, it is authorised to

require any class 2 meter.

(c) As regards the requirements under points 1.1 to 1.4, Member States shall ensure that the properties be
determined by the distributor or the person legally designated for installing the meter, so that the meter is
appropriate for the accurate measurement of consumption that is foreseen or foreseeable.

CONFORMITY ASSESSMENT

9.

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

B + F or B + D or H 1.

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MEASURING SYSTEMS FOR THE CONTINUOUS AND DYNAMIC MEASUREMENT OF QUANTITIES OF
LIQUIDS OTHER THAN WATER

ANNEX MI-005

The relevant essential requirements of Annex I, the specific requirements of this Annex and the conformity assessment
procedures listed in this Annex apply to measuring systems intended for the continuous and dynamic measurement of
quantities (volumes or masses) of liquids other than water. If appropriate, the terms ‘volume and l’ in this Annex can be
read as ‘mass and kg’.

DEFINITIONS

Meter

An instrument designed to measure continuously, memorise and display the quantity at metering conditions of liquid
flowing through the measurement transducer in a closed, fully charged conduit.

Calculator

A part of a meter that receives the output signals from the measurement transducer(s) and possibly, from associated
measuring instruments and displays the measurement results.

Associated measuring instrument

An instrument connected to the calculator for measuring certain quantities which are characteristic of the liquid, with a
view to making a correction and/or conversion.

Conversion device

A part of the calculator which by taking account of the characteristics of the liquid (temperature, density, etc.) measured
using associated measuring instruments, or stored in a memory, automatically converts:

— the volume of the liquid measured at metering conditions into a volume at base conditions and/or into mass, or

— the mass of the liquid measured at metering conditions into a volume at metering conditions and/or into a volume

at base conditions.

Note: A conversion device includes the relevant associated measuring instruments.

Base conditions

The specified conditions to which the measured quantity of liquid at metering conditions is converted.

Measuring system

A system that comprises the meter itself and all devices required to ensure correct measurement or intended to facilitate
the measuring operations.

Fuel dispenser

A measuring system intended for the refuelling of motor vehicles, small boats and small aircraft.

Self-service arrangement

An arrangement that allows the customer to use a measuring system for the purpose of obtaining liquid for his own
use.

Self-service device

A specific device that is part of a self-service arrangement and which allows one or more measuring systems to perform
in this self-service arrangement.

Minimum measured quantity (MMQ)

The smallest quantity of liquid for which the measurement is metrologically acceptable for the measuring system.

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Direct indication

The indication, either volume or mass, corresponding to the measure and that the meter is physically capable of
measuring.

Note: the direct indication may be converted into another quantity using a conversion device.

Interruptible/non-interruptible

A measuring system is considered as interruptible/non-interruptible when the liquid flow can/cannot be stopped easily
and rapidly.

Flowrate range

The range between the minimum flowrate (Qmin) and maximum flowrate (Qmax).

SPECIFIC REQUIREMENTS

1.

Rated operating conditions

The manufacturer shall specify the rated operating conditions for the instrument, in particular:

1.1.

The flowrate range

The flowrate range is subject to the following conditions:

(i) the flowrate range of a measuring system shall be within the flowrate range of each of its elements, in

particular the meter;

(ii) meter and measuring system:

Table 1

Specific measuring system

Characteristic of liquid

Minimum ratio of Qmax : Qmin

Fuel dispensers

Measuring system

Measuring systems on pipeline and
systems for loading ships

Not liquefied gases

Liquefied gases

Cryogenic liquids

10 : 1

5 : 1

5 : 1

All liquids

Suitable for use

All other measuring systems

All liquids

4 : 1

1.2.

The properties of the liquid to be measured by the instrument by specifying the name or type of the liquid or its
relevant characteristics, for example:

— temperature range,

— pressure range,

— density range,

— viscosity range.

1.3.

The nominal value of the AC voltage supply and/or limits of the DC voltage supply.

1.4.

The base conditions for converted values.

Note:

Point 1.4 is without prejudice to the Member States' obligations to require use of a temperature of either
15 °C in accordance with Article 3(1) of Council Directive 92/81/EEC of 19 October 1992 on the
harmonisation of the structures of excise duties on mineral oils (1) or, for heavy fuel oils, LPG and
methane, another temperature pursuant to Article 3(2) of that Directive.

(1) OJ L 316, 31.10.1992, p. 12. Directive as last amended by Directive 94/74/EC (OJ L 365, 31.12.1994, p. 46).

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2.

Accuracy classification and maximum permissible errors (MPEs)

2.1.

For quantities equal to or greater than 2 litres the MPE on indications is:

Measuring systems (A)

Meters (B)

Table 2

0.3

0,3 %

0,2 %

0.5

0,5 %

0,3 %

Accuracy class

1.0

1,0 %

0,6 %

1.5

1,5 %

1,0 %

2.5

2,5 %

1,5 %

2.2.

For quantities less than two litres the MPE on indications is:

Table 3

Measured volume V

MPE

V < 0,1 l

0,1 l £ V < 0,2 l

0,2 l £ V < 0,4 l

0,4 l £ V < 1 l

1 l £ V < 2 l

4 × value in Table 2, applied to 0,1 l

4 × value in Table 2

2 × value in Table 2, applied to 0,4 l

2 × value in Table 2

Value in Table 2, applied to 2 l

2.3. However, no matter what the measured quantity may be, the magnitude of the MPE is given by the greater of the

following two values:

— the absolute value of the MPE given in Table 3 or Table 4,

— the absolute value of the MPE for the minimum measured quantity (Emin).

2.4.1. For minimum measured quantities greater than or equal to two litres the following conditions apply:

C o n d i t i o n 1

Emin shall fulfil the condition Emin ‡ 2 R, where R is the smallest scale interval of the indication device.

C o n d i t i o n 2

Emin is given by the formula Emin = (2MMQ) × (A/100), where:

— MMQ is the minimum measured quantity,

— A is the numerical value specified in line A of Table 2.

2.4.2. For minimum measured quantities of less than two litres, the abovementioned condition 1 applies and Emin is

twice the value specified in Table 3, and related to line A of Table 2.

2.5.

Converted indication

In the case of a converted indication the MPEs are as in line A of Table 2.

2.6.

Conversion devices

MPEs on converted indications due to a conversion device are equal to ± (A - B), A and B being the values
specified in Table 2.

Parts of conversion devices that can be tested separately:

(a) C a l c u l a t o r s

MPEs on quantities of liquid indications applicable to calculation, positive or negative, are equal to one tenth
of the MPEs as defined in line A of Table 2.

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(b) A s s o c i a t e d m e a s u r i n g i n s t r u m e n t s

Associated measuring instruments shall have an accuracy at least as good as the values in Table 4.

Table 4

MPE on measurements

Accuracy classes of the measuring system

0.3

0.5

1.0

1.5

2.5

Temperature

Pressure

± 0,3 °C

± 0,5 °C

± 1,0 °C

Less than 1 MPa: ± 50 kPa
From 1 to 4 MPa: ± 5 %
Over 4 MPa: ± 200 kPa

Density

± 1 kg/m3

± 2 kg/m3

± 5 kg/m3

These values apply to the indication of the characteristic quantities of the liquid displayed by the conversion
device.

(c) A c c u r a c y f o r c a l c u l a t i n g f u n c t i o n

The MPE for the calculation of each characteristic quantity of the liquid, positive or negative, is equal to two
fifths of the value fixed in (b).

2.7.

The requirement in point 2.6(a) applies to any calculation, not only conversion.

3.

Maximum permissible effect of disturbances

3.1.

The effect of an electromagnetic disturbance on a measuring system shall be one of the following;

— the change in the measurement result is not greater than the critical change value as defined in point 3.2,

— the indication of

the measurement result shows a momentary variation that cannot be interpreted,
memorised or transmitted as a measuring result. Furthermore, in the case of an interruptible system, this
can also mean the impossibility to perform any measurement,

— the change in the measurement result is greater than the critical change value, in which case the measuring
system shall permit the retrieval of the measuring result just before the critical change value occurred and cut
off the flow.

3.2.

The critical change value is the greater of MPE/5 for a particular measured quantity or Emin.

4.

Durability

After an appropriate test, taking into account the period of time estimated by the manufacturer, has been
performed, the following criterion shall be satisfied:

The variation of the measurement result after the durability test, when compared with the initial measurement
result, shall not exceed the value for meters specified in line B of Table 2.

5.

5.1

Suitability

For any measured quantity relating to the same measurement, the indications provided by various devices shall
not deviate one from another by more than one scale interval where devices have the same scale interval. In the
case where the devices have different scale intervals, the deviation shall not be more than that of the greatest
scale interval.

However,
in the case of a self-service arrangement the scale intervals of the main indicating device on the
measuring system and the scale intervals of the self-service device shall be the same and results of measurement
shall not deviate one from another.

5.2

It shall not be possible to divert the measured quantity in normal conditions of use unless it is readily apparent.

5.3

Any percentage of air or gas not easily detectable in the liquid shall not lead to a variation of error greater than:

— 0,5 % for liquids other than potable liquids and for liquids of a viscosity not exceeding 1 mPa.s,

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— 1 % for potable liquids and for liquids of a viscosity exceeding 1 mPa.s.

However, the allowed variation shall never be smaller than 1 % of MMQ. This value applies in the case of air or
gas pockets.

5.4.

Instruments for direct sales

5.4.1. A measuring system for direct sales shall be provided with means for resetting the display to zero.

It shall not be possible to divert the measured quantity.

5.4.2. The display of the quantity on which the transaction is based shall be permanent until all parties in the

transaction have accepted the measurement result.

5.4.3. Measuring systems for direct sales shall be interruptible.

5.4.4. Any percentage of air or gas in the liquid shall not lead to a variation of error greater than the values specified in

point 5.3.

5.5.

Fuel Dispensers

5.5.1. Displays on fuel dispensers shall not be capable of being reset to zero during a measurement.

5.5.2. The start of a new measurement shall be inhibited until the display has been reset to zero.

5.5.3. Where a measuring system is fitted with a price display, the difference between the indicated price and the price
calculated from the unit price and the indicated quantity shall not exceed the price corresponding to Emin.
However this difference need not be less than the smallest monetary value.

6.

Power supply failure

A measuring system shall either be provided with an emergency power supply device that will safeguard all
measuring functions during the failure of the main power supply device or be equipped with means to save and
display the data present in order to permit the conclusion of the transaction in progress and with means to stop
the flow at the moment of the failure of the main power supply device.

7.

Putting into use

Table 5

Accuracy class

Types of measuring system

0.3

0.5

1.0

1.5

2.5

Measuring systems on pipeline

All measuring systems if not differently stated elsewhere in this Table,
— fuel dispensers (not for liquefied gases),
— measuring systems on road tankers for liquids of low viscosity (< 20 mPa.s)
— measuring systems for (un)loading ships and rail and road tankers (1)
— measuring systems for milk
— measuring systems for refuelling aircraft

in particular:

Measuring systems for liquefied gases under pressure measured at a temperature equal to
or above – 10 °C

Measuring systems normally in class 0.3 or 0.5 but used for liquids
— whose temperature is less than – 10 °C or greater than 50 °C
— whose dynamic viscosity is higher than 1 000 mPa.s
— whose maximum volumetric flowrate is not higher than 20 l/h

Measuring systems for liquefied carbon dioxide. Measuring systems for liquefied gases
under pressure measured at a temperature below – 10 °C (other than cryogenic liquids)

measuring systems for cryogenic liquids (temperature below – 153 °C)

(1) However, Member States may require measuring systems of accuracy class 0.3 or 0.5 when used for the levying of duties on

mineral oils when (un)loading ships and rail and road tankers.

Note: However, the manufacturer may specify a better accuracy for a certain type of measuring system.

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8.

Units of measurement

The metered quantity shall be displayed in millilitres, cubic centimetres, litres, cubic metres, grams, kilograms or
tonnes.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

B + F or B + D or H1 or G.

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ANNEX MI-006

AUTOMATIC WEIGHING INSTRUMENTS

The relevant essential requirements of Annex I, the specific requirements of this Annex and the conformity assessment
procedures listed in Chapter I of this Annex apply to automatic weighing instruments defined below,
intended to
determine the mass of a body by using the action of gravity on that body.

DEFINITIONS

Automatic weighing instrument

An instrument that determines the mass of a product without the intervention of an operator and follows a prede-
termined programme of automatic processes characteristic of the instrument.

Automatic catchweigher

An automatic weighing instrument that determines the mass of pre-assembled discrete loads (for example prepackages)
or single loads of loose material.

Automatic checkweigher

An automatic catchweigher that subdivides articles of different mass into two or more subgroups according to the value
of the difference of their mass and a nominal set-point.

Weight labeller

An automatic catchweigher that labels individual articles with the weight value.

Weight/price labeller

An automatic catchweigher that labels individual articles with the weight value, and price information.

Automatic gravimetric filling instrument

An automatic weighing instrument that fills containers with a predetermined and virtually constant mass of product
from bulk.

Discontinuous totaliser (totalising hopper weigher)

An automatic weighing instrument that determines the mass of a bulk product by dividing it into discrete loads. The
mass of each discrete load is determined in sequence and summed. Each discrete load is then delivered to bulk.

Continuous totaliser

An automatic weighing instrument that continuously determines the mass of a bulk product on a conveyor belt, without
systematic subdivision of the product and without interrupting the movement of the conveyor belt.

Rail weighbridge

An automatic weighing instrument having a load receptor inclusive of rails for conveying railway vehicles.

SPECIFIC REQUIREMENTS

CHAPTER I — Requirements common to all types of automatic weighing instruments

1.

Rated operating conditions

The manufacturer shall specify the rated operating conditions for the instrument as follows:

1.1.

For the measurand:

The measuring range in terms of its maximum and minimum capacity.

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1.2.

For the electrical supply influence quantities:

In case of AC voltage supply: the nominal AC voltage supply, or

the AC voltage limits.

In case of DC voltage supply: the nominal and minimum DC voltage supply, or

1.3.

For the mechanical and climatic influence quantities:

the DC voltage limits.

The minimum temperature range is 30 °C unless specified otherwise in the following chapters of this Annex.

The mechanical environment classes according to Annex I, point 1.3.2 are not applicable. For instruments which
are used under special mechanical strain, e.g.
instruments incorporated into vehicles, the manufacturer shall
define the mechanical conditions of use.

1.4.

For other influence quantities (if applicable):

The rate(s) of operation.

The characteristics of the product(s) to be weighed.

2.

Permissible effect of disturbances — Electromagnetic environment

The required performance and the critical change value are given in the relevant chapter of this Annex for each
type of instrument.

3.

Suitability

3.1. Means shall be provided to limit the effects of tilt, loading and rate of operation such that maximum permissible

errors (MPEs) are not exceeded in normal operation.

3.2. Adequate material handling facilities shall be provided to enable the instrument to respect the MPEs during

normal operation.

3.3. Any operator control interface shall be clear and effective.

3.4.

The integrity of the display (where present) shall be verifiable by the operator.

3.5. Adequate zero-setting capability shall be provided to enable the instrument to respect the MPEs during normal

operation.

3.6. Any result outside the measurement range shall be identified as such, where a printout is possible.

4.

Conformity assessment

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

For mechanical systems:

B + D or B + E or B + F or D1 or F1 or G or H1.

For electromechanical instruments:

B + D or B + E or B + F or G or H1.

For electronic systems or systems containing software:

B + D or B + F or G or H1.

CHAPTER II — Automatic catchweighers

1.

Accuracy classes

1.1.

Instruments are divided into primary categories designated by:

X or Y,

as specified by the manufacturer.

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1.2.

These primary categories are further divided into four accuracy classes:

XI, XII, XIII and XIV

and

Y(I), Y(II), Y(a) and Y(b),

which shall be specified by the manufacturer.

2.

Category X instruments

2.1.

2.2.

Category X applies to instruments used to check prepackages made up in accordance with the requirements of
the directives applicable to prepackages.

The accuracy classes are supplemented by a factor (x) that quantifies the maximum permissible standard deviation
as specified in point 4.2.

The manufacturer shall specify the factor (x), where (x) shall be £ 2 and in the form 1 × 10k, 2 × 10k or 5 × 10k,
where k is a negative whole number or zero.

3.

Category Y instruments

Category Y applies to all other automatic catchweighers.

4.

MPE

4.1. M e a n e r r o r c a t e g o r y X / M P E c a t e g o r y Y i n s t r u m e n t s

Table 1

Net load (m) in verification scale intervals (e)

Maximum
permissible
mean error

Maximum-
permissible
error

XI

Y(I)

XII

Y(II)

XIII

Y(a)

XIV

Y(b)

X

Y

0 < m £ 50 000

0 < m £ 5 000

0 < m £ 500

0 < m £ 50

± 0,5 e

± 1 e

50 000 < m £ 200 000 5 000 < m £ 20 000

500 < m £ 2 000

50 < m £ 200

± 1,0 e

± 1,5 e

200 000 < m

20 000 < m £ 100 000 2 000 < m £ 10 000 200 < m £ 1 000

± 1,5 e

± 2 e

4.2.

S t a n d a r d d e v i a t i o n

Maximum permissible value for the standard deviation of a class X (x) instrument is the result of the multi-
plication of the factor (x) by the value in Table 2 below.

Net Load (m)

Maximum permissible standard deviation for class X(1)

Table 2

m £ 50 g

50 g < m £ 100 g

100 g < m £ 200 g

200 g < m £ 300 g

300 g < m £ 500 g

500 g < m £ 1 000 g

1 000 g < m £ 10 000 g

10 000 g < m £ 15 000 g

15 000 g < m

For class XI and XII, (x) shall be less than 1.

For class XIII, (x) shall be not greater than 1.

For class XIV, (x) shall be greater than 1.

0,48 %

0,24 g

0,24 %

0,48 g

0,16 %

0,8 g

0,08 %

8 g

0,053 %

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4.3.

V e r i f i c a t i o n s c a l e i n t e r v a l — s i n g l e i n t e r v a l

i n s t r u m e n t s

Table 3

Accuracy classes

Verification scale interval

Number of verification scale intervals n = Max/e

XI

XII

XIII

XIV

Y(I)

Y(II)

0,001 g £ e

0,001 g £ e £
0,05 g

0,1 g £ e

Y(a)

0,1 g £ e £ 2 g

5 g £ e

5 g £ e

Y(b)

Minimum

50 000

100

5 000

100

500

100

Maximum

—

100 000

100 000

10 000

10 000

1 000

4.4.

V e r i f i c a t i o n s c a l e i n t e r v a l — m u l t i - i n t e r v a l

i n s t r u m e n t s

Accuracy classes

Verification scale interval

Table 4

Number of verification scale intervals n = Max/e

Minimum value (1)
n = Maxi/e(i+1)

Maximum value
n = Maxi/ei

XI

XII

XIII

XIV

Where:

Y(I)

Y(II)

Y(a)

Y(b)

0,001 g £ ei

0,001 g £ ei £
0,05 g

0,1 g £ ei

0,1 g £ ei

5 g £ ei

50 000

5 000

5 000

500

50

i = 1, 2, . . .r

i = partial weighing range

r = total number of partial ranges

(1) For i = r the corresponding column of Table 3 applies with e replaced by er.

—

100 000

100 000

10 000

1 000

5.

Measurement range

In specifying the measurement range for class Y instruments the manufacturer shall take account that the
minimum capacity shall not be less than:

class Y(I):

class Y(II):

class Y(a):

class Y(b):

Scales used for grading,
e.g. postal scales and garbage weighers:

6.

Dynamic setting

100 e

20 e for 0,001 g £ e £ 0,05 g, and 50 e for 0,1 g £ e

20 e

10 e

5 e

6.1.

The dynamic setting facility shall operate within a load range specified by the manufacturer.

6.2. When fitted, a dynamic setting facility that compensates for the dynamic effects of the load in motion shall be

inhibited from operating outside the load range, and shall be capable of being secured.

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7.

Performance under influence factors and electromagnetic disturbances

7.1.

The MPEs due to influence factors are:

7.1.1. For category X instruments:

— for automatic operation, as specified in Tables 1 and 2,

— for static weighing in non-automatic operation, as specified in Table 1.

7.1.2. For category Y instruments:

— for each load in automatic operation, as specified in Table 1,

— for static weighing in non-automatic operation, as specified for category X in Table 1.

7.2.

The critical change value due to a disturbance is one verification scale interval.

7.3.

Temperature range:

— for class XI and Y(I) the minimum range is 5 °C,

— for class XII and Y(II) the minimum range is 15 °C.

CHAPTER III — Automatic gravimetric filling instruments

1.

Accuracy classes

1.1.

The manufacturer shall specify both the reference accuracy class Ref(x) and the operational accuracy class(es) X(x).

1.2. An instrument type is designated a reference accuracy class, Ref(x), corresponding to the best possible accuracy
for instruments of the type. After installation, individual instruments are designated for one or more operational
accuracy classes, X(x), having taken account of the specific products to be weighed. The class designation factor
(x) shall be £ 2, and in the form 1 × 10k, 2 × 10k or 5 × 10k where k is a negative whole number or zero.

1.3.

The reference accuracy class, Ref(x) is applicable for static loads.

1.4.

For the operational accuracy class X(x), X is a regime relating accuracy to load weight and (x) is a multiplier for
the limits of error specified for class X(1) in 2.2.

2.

MPE

2.1.

S t a t i c w e i g h i n g e r r o r

2.1.1. For static loads under rated operating conditions, the MPE for reference accuracy class Ref(x), shall be 0,312 of
the maximum permissible deviation of each fill from the average, as specified in Table 5, multiplied by the class
designation factor (x).

2.1.2. For instruments where the fill may be made up from more than one load (e.g. cumulative or selective combi-
nation weighers) the MPE for static loads shall be the accuracy required for the fill as specified in point 2.2 (i.e.
not the sum of the maximum permissible deviation for the individual loads).

2.2. D e v i a t i o n f r o m a v e r a g e f i l l

Table 5

Value of the mass, m (g), of the fills

Maximum permissible deviation of each fill from the average for class X(1)

m £ 50

50 < m £ 100

100 < m £ 200

200 < m £ 300

300 < m £ 500

500 < m £ 1 000

1 000 < m £ 10 000

10 000 < m £ 15 000

15 000 < m

7,2 %

3,6 g

3,6 %

7,2 g

2,4 %

12 g

1,2 %

120 g

0,8 %

Note: The calculated deviation of each fill from the average may be adjusted to take account of the effect of material particle size.

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2.3.

E r r o r r e l a t i v e t o p r e - s e t v a l u e ( s e t t i n g e r r o r )

For instruments where it is possible to pre-set a fill weight; the maximum difference between the pre-set value
and the average mass of the fills shall not exceed 0,312 of the maximum permissible deviation of each fill from
the average, as specified in Table 5.

3.

Performance under influence factor and electromagnetic disturbance

3.1.

The MPE due to influence factors shall be as specified in point 2.1.

3.2.

The critical change value due to a disturbance is a change of the static weight indication equal to the MPE as
specified in point 2.1 calculated for the rated minimum fill, or a change that would give equivalent effect on the
fill in the case of instruments where the fill consists of multiple loads. The calculated critical change value shall be
rounded to the next higher scale interval (d).

3.3.

The manufacturer shall specify the value of the rated minimum fill.

CHAPTER IV — Discontinuous totalisers

1.

Accuracy classes

Instruments are divided into four accuracy classes as follows: 0,2, 0,5, 1 and 2.

2.

MPEs

Table 6

Accuracy class

MPE of totalised load

0,2

0,5

1

2

± 0,10 %

± 0,25 %

± 0,50 %

± 1,00 %

3.

Totalisation scale interval

The totalisation scale interval (dt) shall be in the range:

0,01 % max £ dt £ 0,2 % max.

4.

Minimum totalised load (Σmin)

The minimum totalised load (Σmin) shall be not less than the load at which the MPE is equal to the totalisation
scale interval (dt) and not less than the minimum load as specified by the manufacturer.

5.

Zero Setting

Instruments that do not tare weigh after each discharge shall have a zero setting device. Automatic operation
shall be inhibited if zero indication varies by:

— 1 dt on instruments with automatic zero setting device,

— 0,5 dt on instruments with a semi-automatic, or non-automatic, zero setting device.

6.

Operator interface

Operator adjustments and reset function shall be inhibited during automatic operation.

7.

Printout

On instruments equipped with a printing device, the reset of the total shall be inhibited until the total is printed.
The printout of the total shall occur if automatic operation is interrupted.

8.

Performance under influence factors and electromagnetic disturbances

8.1.

The MPEs due to influence factors shall be as specified in Table 7.

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Load (m) in totalisation scale intervals
(dt)

0 < m £ 500

500 < m £ 2 000

2 000 < m £ 10 000

Table 7

MPE

± 0,5 dt

± 1,0 dt

± 1,5 dt

8.2.

The critical change value due to a disturbance is one totalisation scale interval for any weight indication and any
stored total.

CHAPTER V — Continuous totalisers

1.

Accuracy classes

Instruments are divided into three accuracy classes as follows: 0,5, 1 and 2.

2.

Measurement range

2.1.

The manufacturer shall specify the measurement range, the ratio between the minimum net load on the
weighing unit and the maximum capacity, and the minimum totalised load.

2.2.

The minimum totalised load Σmin shall not be less than:

800 d for class 0,5,

400 d for class 1,

200 d for class 2,

where d is the totalisation scale interval of the general totalisation device.

3.

MPE

Table 8

Accuracy class

MPE for totalised load

0,5

1

2

4.

Speed of the belt

± 0,25 %

± 0,5 %

± 1,0 %

The speed of the belt shall be specified by the manufacturer. For single-speed beltweighers, and variable-speed
beltweighers having a manual speed setting control, the speed shall not vary by more than 5 % of the nominal
value. The product shall not have a different speed than the speed of the belt.

5.

General totalisation device

It shall not be possible to reset the general totalisation device to zero.

6.

Performance under influence factors and electromagnetic disturbances

6.1.

6.2.

The MPE due to influence factor, for a load not less than the Σmin, shall be 0,7 times the appropriate value
specified in Table 8, rounded to the nearest totalisation scale interval (d).

The critical change value due to a disturbance shall be 0,7 times the appropriate value specified in Table 8, for a
load equal to Σmin, for the designated class of the beltweigher; rounded up to the next higher totalisation scale
interval (d).

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CHAPTER VI — Automatic rail weighbridges

1.

Accuracy classes

Instruments are divided into four accuracy classes as follows: 0,2, 0,5, 1 and 2.

2.

MPE

2.1.

The MPEs for weighing-in-motion of a single wagon or a total train are shown in Table 9.

Accuracy class

0,2

0,5

1

2

Table 9

MPE

± 0,1 %

± 0,25 %

± 0,5 %

± 1,0 %

2.2.

The MPEs for the weight of coupled or uncoupled wagons weighing-in-motion shall be one of the following
values, whichever is the greatest:

— the value calculated according to Table 9, rounded to the nearest scale interval,

— the value calculated according to Table 9, rounded to the nearest scale interval for a weight equal to 35 % of

the maximum wagon weight (as inscribed on the descriptive markings),

— one scale interval (d).

2.3.

The MPEs for the weight of train weighing-in-motion shall be one of the following values, whichever is the
greatest:

— the value calculated according to Table 9, rounded to the nearest scale interval,

— the value calculated according to Table 9, for the weight of a single wagon equal to 35 % of the maximum
wagon weight (as inscribed on the descriptive markings) multiplied by the number of reference wagons (not
exceeding 10) in the train, and rounded to the nearest scale interval,

— one scale interval (d) for each wagon in the train, but not exceeding 10 d.

2.4. When weighing coupled wagons, the errors of not more than 10 % of the weighing results taken from one or
more passes of the train may exceed the appropriate MPE given in point 2.2, but shall not exceed twice the MPE.

3.

Scale interval (d)

The relationship between the accuracy class and the scale interval shall be as specified in Table 10.

Table 10

Accuracy class

Scale interval (d)

0,2

0,5

1

2

d £ 50 kg

d £ 100 kg

d £ 200 kg

d £ 500 kg

4.

Measurement range

4.1.

The minimum capacity shall not be less than 1 t, and not greater than the value of the result of the minimum
wagon weight divided by the number of partial weighings.

4.2.

The minimum wagon weight shall not be less than 50 d.

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5.

Performance under influence factor and electromagnetic disturbance

5.1.

The MPE due to an influence factor shall be as specified in Table 11.

Table 11

Load (m) in verification scale intervals (d)

0 < m £ 500

500 < m £ 2 000

2 000 < m £ 10 000

MPE

± 0,5 d

± 1,0 d

± 1,5 d

5.2.

The critical change value due to a disturbance is one scale interval.

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ANNEX MI-007

TAXIMETERS

The relevant requirements of Annex I,
procedures listed in this Annex apply to taximeters.

the specific requirements of

this Annex and the conformity assessment

DEFINITIONS

Taximeter

A device that works together with a signal generator (1) to make a measuring instrument. This device measures duration,
calculates distance on the basis of a signal delivered by the distance signal generator. Additionally, it calculates and
displays the fare to be paid for a trip on the basis of the calculated distance and/or the measured duration of the trip.

Fare

The total amount of money due for a trip based on a fixed initial hire fee and/or the length and/or the duration of the
trip. The fare does not include a supplement charged for extra services.

Cross-over speed

The speed value found by division of a time tariff value by a distance tariff value.

Normal calculation mode S (single application of tariff)

Fare calculation based on application of the time tariff below the cross-over speed and application of the distance tariff
above the cross-over speed.

Normal calculation mode D (double application of tariff)

Fare calculation based on simultaneous application of time tariff and distance tariff over the whole trip.

Operating position

The different modes in which a taximeter fulfils the different parts of its functioning. The operating positions are
distinguished by the following indications:

‘For Hire’: The operating position in which the fare calculation is disabled.

‘Hired’:

The operating position in which the fare calculation takes place on the basis of a possible initial charge and
a tariff for distance travelled and/or time of the trip.

‘Stopped’: The operating position in which the fare due for the trip is indicated and at least the fare calculation based

on time is disabled.

DESIGN REQUIREMENTS

1.

2.

3.

4.

The taximeter shall be designed to calculate the distance and to measure the duration of a trip.

The taximeter shall be designed to calculate and display the fare, incrementing in steps equal to the resolution
fixed by the Member State in the operation position ‘Hired’. The taximeter shall also be designed to display the
final value for the trip in the operating position ‘Stopped’.

A taximeter shall be able to apply the normal calculation modes S and D. It shall be possible to choose between
these calculation modes by a secured setting.

A taximeter shall be able to supply the following data through an appropriate secured interface(s):

— operation position: ‘For Hire’, ‘Hired’ or ‘Stopped’,

— totaliser data according to point 15.1,

— general information: constant of the distance signal generator, date of securing, taxi identifier, real time,

identification of the tariff,

— fare information for a trip: total charged, fare, calculation of the fare, supplement charge, date, start time,

finish time, distance travelled,

— tariff(s) information: parameters of tariff(s).

(1) The distance signal generator is outside the scope of this Directive.

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National legislation may require certain devices to be connected to the interface(s) of a taximeter. Where such a
device is required, it shall be possible, by secured setting, to inhibit automatically the operation of the taximeter
for reasons of the non-presence or improper functioning of the required device.

5.

If relevant, it shall be possible to adjust a taximeter for the constant of the distance signal generator to which it is
to be connected and to secure the adjustment.

RATED OPERATING CONDITIONS

6.1.

The mechanical environment class that applies is M3.

6.2.

The manufacturer shall specify the rated operating conditions for the instrument, in particular:

— a minimum temperature range of 80 °C for the climatic environment,

— the limits of the DC power supply for which the instrument has been designed.

MAXIMUM PERMISSIBLE ERRORS (MPEs)

7.

The MPE, excluding any errors due to application of the taximeter in a taxi, are:

— for the time elapsed: ± 0,1 %;

minimum value of MPE: 0,2 s,

— for the distance travelled: ± 0,2 %;

minimum value of MPE: 4 m,

— for the calculation of the fare: ± 0,1 %;

minimum, including rounding corresponding to the least significant digit of the fare indication.

PERMISSIBLE EFFECT OF DISTURBANCES

8.

Electromagnetic immunity

8.1.

8.2.

The electromagnetic class that applies is E3.

The MPE laid down in point 7 shall also be respected in the presence of an electromagnetic disturbance.

POWER SUPPLY FAILURE

9.

In case of a reduction of the voltage supply to a value below the lower operating limit as specified by the
manufacturer, the taximeter shall

— continue to work correctly or resume its correct functioning without loss of data available before the voltage

drop if the voltage drop is temporary, i.e. due to restarting the engine,

— abort an existing measurement and return to the position ‘For Hire’ if the voltage drop is for a longer period.

OTHER REQUIREMENTS

10.

11.

12.

13.

The conditions for the compatibility between the taximeter and the distance signal generator shall be specified by
the manufacturer of the taximeter.

If there is a supplement charge for an extra service, entered by the driver on manual command, this shall be
excluded from the fare displayed. However, in that case a taximeter may display temporarily the value of the fare
including the supplementary charge.

If the fare is calculated according to calculation mode D a taximeter may have an additional display mode in
which only the total distance and duration of the trip are displayed in real time.

All values displayed for the passenger shall be suitably identified. These values as well as their identification shall
be clearly readable under daylight and night conditions.

14.1.

If the fare to be paid or the measures to be taken against fraudulent use can be affected by the choice of
functionality from a pre-programmed setting or by free data setting, it shall be possible to secure the instrument
settings and data entered.

14.2. The securing possibilities available in a taximeter shall be such that separate securing of the settings is possible.

14.3. The provisions in point 8.3 of Annex I also apply to the tariffs.

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15.1. A taximeter shall be fitted with non-resettable totalisers for all of the following values:

— the total distance travelled by the taxi,

— the total distance travelled when hired,

— the total number of hirings,

— the total amount of money charged as supplements,

— the total amount of money charged as fare.

The totalised values shall include the values saved according to point 9 under conditions of loss of power supply.

15.2.

If disconnected from power, a taximeter shall allow the totalised values to be stored for one year for the purpose
of reading out the values from the taximeter to another medium.

15.3. Adequate measures shall be taken to prevent the display of totalised values from being used to deceive

passengers.

16.

Automatic change of tariffs is allowed due to the:

— distance of the trip,

— duration of the trip,

— time of the day,

— date,

— day of the week.

17.

18.

19.

20.

21.

22.

If properties of the taxi are important for the correctness of the taximeter, the taximeter shall provide means to
secure the connection of the taximeter to the taxi in which it is installed.

For the purpose of testing after installation, the taximeter shall be equipped with the possibility to test separately
the accuracy of time and distance measurement and the accuracy of the calculation.

A taximeter and its installation instructions specified by the manufacturer shall be such that,
if installed
according to the manufacturer's instructions, fraudulent alterations of the measurement signal representing
the distance travelled are sufficiently excluded.

The general essential requirement dealing with fraudulent use shall be fulfilled in such a way that the interests of
the customer, the driver, the driver's employer and the fiscal authorities are protected.

A taximeter shall be designed so that it can respect the MPEs without adjustment during a period of one year of
normal use.

The taximeter shall be equipped with a real-time clock by means of which the time of the day and the date are
kept, one or both can be used for automatic change of tariffs. The requirements for the real-time clock are:

— the timekeeping shall have an accuracy of 0,02 %,

— the correction possibility of the clock shall be not more than 2 minutes per week. Correction for summer

and wintertime shall be performed automatically,

— correction, automatic or manually, during a trip shall be prevented.

23.

The values of distance travelled and time elapsed, when displayed or printed in accordance with this Directive,
shall use the following units:

Distance travelled:

— in the United Kingdom and Ireland, until the date which will be fixed by these Member States according to

Article (1)(b) of Directive 80/181/EEC: kilometres or miles,

— in all other Member States: kilometres.

Time elapsed:

— seconds, minutes or hours, as may be suitable; keeping in mind the necessary resolution and the need to

prevent misunderstandings.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

B + F or B + D or H1.

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ANNEX MI-008

MATERIAL MEASURES

CHAPTER I — Material measures of length

The relevant essential requirements of Annex I, the specific requirements of this Annex and the conformity assessment
procedures listed in this chapter apply to material measures of length defined below. However, the requirement for the
supply of a copy of declarations of conformity may be interpreted as applying to a batch or consignment rather than
each individual instruments.

DEFINITIONS

Material measure of length

An instrument comprising scale marks whose distances are given in legal units of length.

SPECIFIC REQUIREMENTS

Reference conditions

1.1.

For tapes of length equal to or greater than five metres, the maximum permissible errors (MPEs) are to be met
when a tractive force of 50 newtons or other force values as specified by the manufacturer and marked on the
tape accordingly, or in the case of rigid or semi-rigid measures no tractive force, is applied.

1.2.

The reference temperature is 20 °C unless otherwise specified by the manufacturer and marked on the measure
accordingly.

MPEs

2.

The MPE, positive or negative in mm, between two non-consecutive scale marks is (a + bL), where:

— L is the value of the length rounded up to the next whole metre; and

— a and b are given in Table 1 below.

When a terminal interval is bounded by a surface, the MPE for any distance beginning at this point is increased
by the value c given in Table 1.

Accuracy class

a (mm)

Table 1

I

II

III

D — special class
dipping tapes (1)

for

Up
to
30 m (2)

and

including

S — special class for tank
strapping tapes

For each 30 m length
is
when
supported
flat
surface

tape
a

the

on

0,1

0,3

0,6

1,5

1,5

b

0,1

0,2

0,4

c (mm)

0,1

0,2

0,3

zero

zero

zero

zero

(1) Applies to the tape/dip weight combinations.
(2) If the nominal tape length exceeds 30 m, an additional MPE of 0,75 mm shall be permitted for each 30 m of tape length.

Dip tapes may also be of class I or II in which case for any length between two scale marks, one of which is on
the sinker and the other on the tape, the MPE is ± 0,6 mm when application of the formula gives a value of less
than 0,6 mm.

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The MPE for the length between consecutive scale marks and the maximum permissible difference between two
consecutive intervals are given in Table 2 below.

Length i of the interval

i £ 1 mm

1 mm < i £ 1 cm

Table 2

MPE or difference in millimetres according to accuracy class

I

0,1

0,2

II

0,2

0,4

III

0,3

0,6

Where a rule is of the folding type, the jointing shall be such as not to cause any errors, supplementary to those
above, exceeding 0,3 mm for class II and 0,5 mm for class III.

Materials

3.1. Materials used for material measures shall be such that length variations due to temperature excursions up to
± 8 °C about the reference temperature do not exceed the MPE. This does not apply to class S and class D
measures where the manufacturer intends that thermal expansion corrections shall be applied to observed
readings where necessary.

3.2. Measures made from material whose dimensions may alter materially when subjected to a wide range of relative

humidity may only be included in classes II or III.

Markings

4.

The nominal value shall be marked on the measure. Millimetre scales shall be numbered every centimetre and
measures with a scale interval greater than 2 cm shall have all scale marks numbered.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

F1 or D1 or B + D or H or G.

CHAPTER II — Capacity serving measures

The relevant essential requirements of Annex I and the specific requirements and the conformity assessment procedures
listed in this chapter apply to capacity serving measures defined below. However, the requirement for the supply of a
copy of declarations of conformity may be interpreted as applying to a batch or consignment rather than each
individual instrument. Also, the requirement for the instrument to bear information in respect of its accuracy shall
not apply.

DEFINITIONS

Capacity serving measure

A capacity measure (such as a drinking glass, jug or thimble measure) designed to determine a specified volume of a
liquid (other than a pharmaceutical product) which is sold for immediate consumption.

Line measure

A capacity serving measure marked with a line to indicate nominal capacity.

Brim measure

A capacity serving measure for which the internal volume is equal to the nominal capacity.

Transfer measure

A capacity serving measure from which it is intended that the liquid is decanted prior to consumption.

Capacity

The capacity is the internal volume for brim measures or internal volume to a filling mark for line measures.

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SPECIFIC REQUIREMENTS

1.

Reference conditions

1.1.

Temperature: the reference temperature for measurement of capacity is 20 °C.

1.2.

Position for correct indication: free standing on a level surface.

2.

MPEs

Transfer measures

< 100 ml

‡ 100 ml

Serving measures

< 200 ml

‡ 200 ml

3.

Materials

Table 1

line

± 2 ml

± 3 %

± 5 %

brim

– 0
+ 4 ml

– 0
+ 6 %

– 0
+ 10 %

± 5 ml + 2,5 %

– 0
+ 10 ml + 5 %

Capacity serving measures shall be made of material which is sufficiently rigid and dimensionally stable to
maintain capacity within the MPE.

4.

Shape

4.1.

4.2.

Transfer measures shall be designed so that a change of contents equal to the MPE causes a change in level of at
least 2 mm at the brim or filling mark.

Transfer measures shall be designed so that the complete discharge of the liquid being measured will not be
impeded.

5.

Marking

5.1.

The nominal capacity declared shall be clearly and indelibly marked on the measure.

5.2.

Capacity serving measures may also be marked with up to three clearly distinguishable capacities, none of which
shall lead to confusion one to the other.

5.3.

All filling marks shall be sufficiently clear and durable to ensure that MPEs are not exceeded in use.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

A1 or F1 or D1 or E1 or B + E or B + D or H.

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ANNEX MI–009

DIMENSIONAL MEASURING INSTRUMENTS

The relevant essential requirements of Annex I, the specific requirements of this Annex and the conformity assessment
procedures listed in this Annex apply to dimensional measuring instruments of the types defined below.

DEFINITIONS

Length-measuring instrument

A length-measuring instrument serves for the determination of the length of rope-type materials (e.g. textiles, bands,
cables) during feed motion of the product to be measured.

Area measuring instruments

An area measuring instrument serves for the determination of the area of irregular shaped objects, e.g. for leather.

Multi-dimensional measuring instruments

A multi-dimensional measuring instrument serves for the determination of the edge length (length, height, width) of the
smallest enclosing rectangular parallelepiped of a product.

CHAPTER I — Requirements common to all dimensional measuring instruments

Electromagnetic immunity

1.

The effect of an electromagnetic disturbance on a dimensional measuring instrument shall be such that:

— the change in measurement result is no greater than the critical change value as defined in point 2.3,

— it is impossible to perform any measurement,

— there are momentary variations in the measurement result that cannot be interpreted, memorised or trans-

mitted as a measuring result,

— there are variations in the measurement result severe enough to be noticed by all those interested in the

measurement result.

2.

The critical change value is equal to one scale interval.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

For mechanical or electromechanical instruments:

F1 or E1 or D1 or B + F or B + E or B + D or H or H1 or G.

For electronic instruments or instruments containing software:

B + F or B + D or H1 or G.

CHAPTER II — Length-measuring instruments

Characteristics of the product to be measured

1.

Textiles are characterised by the characteristic factor K. This factor takes the stretchability and force per unit area of
the product measured into account and is defined by the following formula:

K = ε.(GA + 2,2 N/m2), where:

ε

is the relative elongation of a cloth specimen 1 m wide at a tensile force of 10 N,

GA is the weight force per unit area of a cloth specimen in N/m2.

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Operating conditions

2.1. R a n g e

Dimensions and K-factor, where applicable, within the range specified by the manufacturer for the instrument. The
ranges of K-factor are given in Table 1:

Group

Range of K

Table 1

0 < K < 2 × 10-2 N/m2

Product

low stretchability

2 × 10-2 N/m2 < K < 8 × 10-2 N/m2

medium stretchability

8×10-2 N/m2 < K < 24 × 10-2 N/m2

high stretchability

24×10-2 N/m2 < K

very high stretchability

I

II

III

IV

2.2. Where the measured object is not transported by the measuring instrument, its speed must be within the range

specified by the manufacturer for the instrument.

2.3. If the measurement result depends on the thickness, the surface condition and the kind of delivery (e.g. from a big

roll or from a pile), corresponding limitations are specified by the manufacturer.

MPEs

3.

I n s t r u m e n t

Table 2

Accuracy class

MPE

I

II

III

0,125 %, but not less than 0,005 Lm

0,25 %, but not less than 0,01 Lm

0,5 %, but not less than 0,02 Lm

where Lm is the minimum measurable length, that is to say the smallest length specified by the manufacturer for
which the instrument is intended to be used.

The true length value of the different types of materials should be measured using suitable instruments (e.g. tapes of
length). Thereby, the material which is going to be measured should be laid out on a suitable underlay (e.g. a
suitable table) straight and unstretched.

Other requirements

4.

The instruments must ensure that the product is measured unstretched according to the intended stretchability for
which the instrument is designed.

CHAPTER III — Area measuring instruments

Operating conditions

1.1. R a n g e

Dimensions within the range specified by the manufacturer for the instrument.

1.2. C o n d i t i o n o f

t h e p r o d u c t

The manufacturer shall specify the limitations of the instruments due to the speed and thickness of the surface
conditions, if relevant, of the product.

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MPEs

2.

I n s t r u m e n t

The MPE is 1,0 %, but not less than 1 dm2.

Other requirements

3.

P r e s e n t a t i o n o f

t h e p r o d u c t

In the case of pulling back or stopping the product, it should not be possible to have an error of measurement or
the display must be blanked.

4.

S c a l e i n t e r v a l

The instruments must have a scale interval of 1,0 dm2. In addition, it must be possible to have a scale interval of
0,1 dm2 for testing purposes.

CHAPTER IV — Multidimensional measuring instruments

Operating conditions

1.1. R a n g e

Dimensions within the range specified by the manufacturer for the instrument.

1.2. M i n i m u m d i m e n s i o n

The lower limit of the minimum dimension for all values of the scale interval is given in Table 1.

Scale interval (d)

d £ 2 cm

2 cm < d £ 10 cm

10 cm < d

Table 1

Minimum dimension (min)
(lower limit)

10 d

20 d

50 d

1.3. S p e e d o f

t h e p r o d u c t

The speed must be within the range specified by the manufacturer for the instrument.

MPE

2.

I n s t r u m e n t

The MPE is ± 1,0 d.

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ANNEX MI-010

EXHAUST GAS ANALYSERS

The relevant requirements of Annex I,
this Annex and the conformity assessment
procedures listed in this Annex apply to exhaust gas analysers defined below intended for inspection and professional
maintenance of motor vehicles in use.

the specific requirements of

DEFINITIONS

Exhaust gas analyser

An exhaust gas analyser is a measuring instrument
that serves to determine the volume fractions of specified
components of the exhaust gas of a motor vehicle engine with spark ignition at the moisture level of the sample
analysed.

These gas components are carbon monoxide (CO), carbon dioxide (CO2), oxygen (O2) and hydrocarbons (HC).

The content of hydrocarbons has to be expressed as concentration of n-hexane (C6H14), measured with near-infrared
absorption techniques.

The volume fractions of the gas components are expressed as a percentage (% vol) for CO, CO2 and O2 and in parts per
million (ppm vol).

Moreover, an exhaust gas analyser calculates the lambda value from the volume fractions of the components of the
exhaust gas.

Lambda

Lambda is a dimensionless value representative of the burning efficiency of an engine in terms of air/fuel ratio in the
exhaust gases. It is determined with a reference standardised formula.

SPECIFIC REQUIREMENTS

Instrument classes

1.

Two classes (0 and I) are defined for exhaust gas analysers. The relevant minimum measuring ranges for these
classes are shown in Table 1.

Table 1

Classes and measuring ranges

Parameter

CO fraction

CO2 fraction

HC fraction

O2 fraction

λ

Classes 0 and I

from 0 to 5 % vol

from 0 to 16 % vol

from 0 to 2 000 ppm vol

from 0 to 21 % vol

from 0,8 to 1,2

Rated operating conditions

2.

The values of the operating conditions shall be specified by the manufacturer as follows:

2.1.

For the climatic and mechanical influence quantities:

— a minimum temperature range of 35 °C for the climatic environment,

— the mechanical environment class that applies is M1.

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2.2.

For the electrical power influence quantities:

— the voltage and frequency range for the AC voltage supply,

— the limits of the DC voltage supply.

2.3.

For the ambient pressure:

— the minimum and the maximum values of the ambient pressure are for both classes: pmin £ 860 hPa,

pmax ‡ 1 060 hPa.

Maximum permissible errors (MPEs)

3.

The MPEs are defined as follows:

3.1.

For each of the fractions measured, the maximum error value permitted under rated operating conditions
according to point 1.1 of Annex I is the greater of the two values shown in Table 2. Absolute values are
expressed in % vol or ppm vol, percentage values are percent of the true value.

Parameter

CO fraction

CO2 fraction

HC fraction

O2 fraction

Table 2

MPEs

Class 0

± 0,03 % vol
± 5 %

± 0,5 % vol
± 5 %

± 10 ppm vol
± 5 %

± 0,1 % vol
± 5 %

Class I

± 0,06 % vol
± 5 %

± 0,5 % vol
± 5 %

± 12 ppm vol
± 5 %

± 0,1 % vol
± 5 %

3.2.

The MPE on lambda calculation is 0,3 %. The conventional true value is calculated according to the formula
defined in point 5.3.7.3 of Annex I to Directive 98/69/EC of the European Parliament and of the Council of 13
October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and
amending Council Directive 70/220/EEC (1).

For this purpose, the values displayed by the instrument are used for calculation.

Permissible effect of disturbances

4.

5.

For each of the volume fractions measured by the instrument, the critical change value is equal to the MPE for
the parameter concerned.

The effect of an electromagnetic disturbance shall be such that:

— either the change in the measurement result is not greater than the critical change value laid down in point 4,

— or the presentation of the measurement result is such that it cannot be taken for a valid result.

Other requirements

6.

The resolution shall be equal to or of one order of magnitude higher than the values shown in Table 3.

(1) OJ L 350, 28.12.1998, p. 1.

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Table 3

Resolution

CO

CO2

Class 0 and class I

0,01 % vol

0,1 % vol

(1) 0,01 % vol for measurand values below or equal to 4 % vol, otherwise 0,1 % vol.

The lambda value shall be displayed with a resolution of 0,001.

O2

(1)

HC

1 ppm vol

The standard deviation of 20 measurements shall not be greater than one third of the moduls of the MPE for
each applicable gas volume fraction.

For measuring CO, CO2 and HC, the instrument, including the specified gas handling system, must indicate 95 %
of the final value as determined with calibration gases within 15 seconds after changing from a gas with zero
content, e.g. fresh air. For measuring O2, the instrument under similar conditions must indicate a value differing
less than 0,1 % vol from zero within 60 seconds after changing from fresh air to an oxygen-free gas.

The components in the exhaust gas, other than the components whose values are subject to the measurement,
shall not affect the measurement results by more than half of the modulus of the MPEs when those components
are present in the following maximum volume fractions:

6 % vol CO,

16 % vol CO2,

10 % vol O2,

5 % vol H2,

0,3 % vol NO,

2 000 ppm vol HC (as n-hexane),

water vapor up to saturation.

An exhaust gas analyser shall have an adjustment facility that provides operations for zero-setting, gas calibration
and internal adjustment. The adjustment facility for zero-setting and internal adjustment shall be automatic.

For automatic or semi-automatic adjustment facilities, the instrument shall be unable to make a measurement as
long as the adjustments have not been made.

An exhaust gas analyser shall detect hydrocarbon residues in the gas handling system. It shall not be possible to
carry out a measurement if the hydrocarbon residues, present before any measurement, exceed 20 ppm vol.

An exhaust gas analyser shall have a device for automatically recognising any malfunction of the sensor of the
oxygen channel due to wear or a break in the connecting line.

If the exhaust gas analyser is capable of operating with different fuels (e.g. petrol or liquefied gas), there shall be
the possibility of selecting the suitable coefficients for the lambda calculation without ambiguity concerning the
appropriate formula.

7.

8.

9.

10.

11.

12.

13.

14.

CONFORMITY ASSESSMENT

The conformity assessment procedures referred to in Article 8 that the manufacturer can choose between are:

B + F or B + D or H1.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 15 September 2000, the Commission presented its proposal for a directive of the European
Parliament and the Council on measuring instruments (1). The proposal was based on Article 95 of
the Treaty.

2. The European Parliament delivered its opinion at first reading on 3 July 2001 (2).

The Economic and Social Committee gave its opinion on 28 February 2001 (3).

The Commission submitted an amended proposal on 6 February 2002 (4).

3. On 19 May 2003, the Council reached a political agreement with a view to adopting a common

position at a later stage in accordance with Article 251(2) of the Treaty.

On 22 July 2003, the Council adopted its Common Position on the proposal as set out in doc.
9681/03.

II. OBJECTIVE

The objective of the abovementioned proposal is to replace 11 individual directives on measuring
instruments. The new Directive is following the ‘new approach’, that is to lay down enhanced respon-
sibility for the manufacturer and only a supervising role for notified bodies and Member States'
authorities. The Directive is clarifying and simplifying the legal metrological framework in so far as
it is abstaining from prescribing special test programs and leaving greater choice to the manufacturer
as to how to fulfil his obligations specified in performance terms. The Directive possesses standard
elements of market control (e.g. in the case of unduly marked instruments). The Directive lays down
essential requirements for 10 types of instruments in addition to conformity assessment requirements,
but refrains from detailed technical specifications which would be too restrictive in today's situation of
rapidly changing measurement technologies, given that the continual updating of the specifications by
amended proposals has proven to be impractical both in technical and in legal terms.

The Directive also applies the principles of the global approach to testing and certification. Therefore,
the basic conformity assessment procedure that is proposed for each kind of measuring instrument
covered reinforces as much as acceptable the role of the manufacturer.

In order to deal with the need for adaptation to technical progress, the Directive delegates some
competencies to the Commission, subject to the condition that the Commission takes into account
the advice by the regulatory Measuring Instruments Committee.

III. ANALYSIS OF THE COMMON POSITION (5)

1. General

the Commission's proposal. At

The compromise text on which a political agreement was reached in the Council maintains the
objectives of
the
amendments of the European Parliament. Some of those amendments had also already been
accepted by the Commission in its amended proposal (COM(2002) 37 final) (5). A number of
new features introduced during the negotiations in the Council working party concern an
updating of several
(which takes on
board the obligatory parts of the former Annex II) and some other modifications.

instrument-specific Annexes, a consolidation of Annex I

takes on board some of

the same time it

(1) OJ C 62 E, 27.2.2001, p. 1.
(2) OJ C 65 E, 14.3.2002, p. 34.
(3) OJ C 139, 11.5.2001, p. 4.
(4) OJ C 126 E, 28.5.2002, p. 368.
(5) The numbering of Articles refers to the result of the first reading of Parliament (doc. 10503/01) or, where it is

specially indicated (‘now: . . .’) to the document reflecting the Common Position in Council (doc. 9681/03).

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This approach is motivated by a wish to simplify further the approach of the Directive, giving the
necessary tribute to the technical progress, for example by referring to results reached in the
relevant international bodies. At the same time a number of modifications further enforce the
idea of manufacturer's responsibility,
for example by adding flexibility to the approach of
mechanical and climatic environment classes in Annex I.

The text agreed by the Council underlines the importance of good cooperation between Member
States' bodies and authorities in order to make a smooth application of the ‘new approach’
Directive's principles possible, to avoid any technical barriers to trade and take into account at
the same time the needs of customers and users.

2. European Parliament amendments

At first reading the European Parliament adopted 29 amendments to the text, among which the
amendments 14 + 29 and 16 + 28 can be treated as combined amendments. In the working party,
the European Parliament amendments were scrutinised on a number of occasions. In the end, the
Council accepted the majority of the European Parliament amendments (21), some of them in
substance, some also in wording. A couple of amendments were rejected, including the ‘combined’
amendments 14 + 29 and 16 + 28.

2.1. The following European Parliament amendments have been accepted by the Council

and integrated into the text of the Common Position (doc. 9681/03)

Amendment 1 — recital 2 (Public interest objectives)

The Council has taken on board the European Parliament amendment as it adds some useful
clarification.

Amendment 3 — new recital 4b (now recital 6) (Definition of manufacturer)

the European Parliament. By modifying the
The Council
proposed wording the Council aims at making the substance of the amendment even clearer.

fully supports the objective of

Amendment 4 — recital 11 (now recital 13) (Affixing of markings during manufacturing process)

The Council has taken on board the European Parliament amendment. However, the wording
was slightly changed in order to reflect more closely the character of a recital.

Amendment 6 — Article 1 (List of instrument-specific Annexes)

Given that
the instrument-specific Annexes contain mandatory and not only optional
provisions the Council acknowledged that it is useful to have a list of those Annexes in
Article 1 and has taken on board the European Parliament amendment, together with the
purely consequential change of leaving out ‘evidential breath analysers’.

Amendment 12 — Article 3 (Definition of authorised representative)

The Council has integrated this European Parliament amendment as a useful clarification.

Amendment 18 — Article 13 (Markings — here: Identification number), now Article 14

The Council has accepted the deletion of an additional sentence, given that the wording of the
original Commission proposal could have been open to misinterpretations.

Amendment 20 — Article 14 (Confidentiality), now Article 15

The Council has taken on board the European Parliament amendment. It has hereby followed
the approach not to refer to issues of ‘confidentiality’ in the body of the text, because such
provisions might give a false impression of the scope of the Directive and lead to different
interpretations in the Member States.

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Amendment 22 — Annex I, point 5 (Specification of a time period under the heading ‘Durability’)

The Council has integrated the substance of the European Parliament amendment, which it
considers to be fully in line with the new approach concept of enhanced responsibility of the
manufacturer.

Amendment 23 — Annex I, point 6 (Reliability)

The Council agrees that the sentence can be deleted.

Amendment 24 — Annex I, point 7.2 (Suitability for the intended user)

The amendment was accepted as removing an unnecessary duplication.

2.2. The following European Parliament amendments have been accepted in principle or

partly, but introduced to the text with modifications

Amendment 2 — New recital 4a (Application of optionality), now recital 5

The Council has added a new recital, which clearly states that there is an option for Member
States to prescribe metrological control for types of instruments in the future. However, the
wording has been modified in order to prevent any misunderstandings about the scope of
Member States' obligations.

Amendment 7 — Article 1 (Reasons for legal metrological control)

The Council has accepted the substance of this agreement, but has preferred to insert the
wording into the definition of ‘legal metrological control’ in Article 3.

Amendment 8 — Article 2 (Object and requirements)

The Council has restructured the whole of the first paragraph in order to make the provision
legally sound. Given that, concerning amendment 7, the Council has chosen to introduce the
text in Article 3 and not in Article 1, it has not been possible to delete the entire reference to
‘legal metrological control’.

Amendment 10 — Article 3 (Definition of ‘sub-assembly’)

The Council has accepted the substance of the European Parliament amendment and has
introduced only editorial modifications to the suggested wording.

Amendment 11 — Article 3 (Definition of ‘manufacturer’)

The Council has taken on board most of
the European Parliament
amendment, including the deletion of the term ‘lawfully’ here. However, the term ‘appropriate
requirements’ should not be used in this definition, given that this term is used with a different
meaning in the modular Annexes.

the substance of

Amendment 13 — Article 5(2) (Conformity marking), now Article 6(2)

The Council has taken on board part of the European Parliament amendment. In fact, the
Council went even further than the European Parliament in making it possible for both types
of markings described to be affixed during the fabrication process, thereby paying tribute to
practical issues. The addition ‘if justified’ should normally preclude any misuse of this flexible
provision.

Amendment 15 — Article 8 (Criteria for designation of bodies), now Article 9

The Council has accepted the introduction of the substantial part of the amendment, that is the
clarification regarding the retaining of the right of Member States without national legislation
concerning a specific instrument to designate a body at a later stage. The reference to a new
Article containing the criteria cannot be integrated for
since
amendments 16 and 28 have been rejected.

reasons of coherence,

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Amendment 17 — Article 12 (Functions of the Measuring Instruments Committee), now Article 13

The Council has rejected the part of the amendment aiming at excluding the modifications of
details of the specific Annexes from the task of
the Measuring Instruments Committee.
However, the Council acknowledged the substance of the European Parliament amendment
by strengthening the need for consultation of interested parties concerning the mentioned
details of the specific Annexes.

Amendment 21 — Article 17, now Article 21 (Transitional provisions)

Given the different situation of legislation, manufacturing and trade in measuring instruments
the Council has followed the structure of the proposed amendment, but has preferred to
integrate different time periods in order to facilitate the applicability.

Amendment 26 — Annex I, point 10.2 (Unambiguous indications of results)

The Council has accepted the substance of the European Parliament amendment as serving a
useful clarification objective. It preferred however to use the wording ‘metrologically controlled
indications’ instead of ‘primary indication’.

Amendment 27 — Annex I, point 10.5 (Data reading)

The Council has accepted the substance of the amendment by the European Parliament, but
changed the wording in order to clarify that the accessibility to the customer should be
guaranteed in any case.

2.3. The following amendments have been rejected

Amendment 5 — recital 14 (Prevention of non-complying instruments being placed on the market) —
now recital 15

The text of the amendment might lead to misunderstandings in the sense of restricting the
scope of the Member States' obligations. It was therefore not integrated by the Council.

Amendment 9 — Article 2 (Decision on future regulation of instruments)

The Council is of the opinion that the rights and obligations of those Member States that do
not exert legal metrological control on some types of instruments are better and sufficiently
dealt with in other parts of the text, for example in new recital 5 and in Article 9.

Amendments 14 and 29 — Annex IV (now Annex III) and new Article 7a (Technical documentation)

The Council does not see any reason for shifting the provisions in Annex III to a separate
Article in the body of the text and thus prefers to stick to the structure of the Commission's
proposal in this regard.

Amendments 16 and 28 — new Article 8a and Annex III (now Annex II)

The Council does not support the idea of shifting the criteria for the designation of national
bodies from the Annexes to the body of the text (see also reasoning on amendment 15).

Amendment 19 — Article 13, now Article 14 (Markings on main device)

The Council has preferred a different way to integrate provisions on the important issue of
sub-assemblies. The new Article 4 contains a general clause that all provisions should also be
applicable mutatis mutandis to sub-assemblies. For logical reasons the additional provision of
Article 14(4) should refer to those elements not being sub-assemblies.

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Amendment 25 — Annex I, point 8.1 (Serious influence)

The Council has refrained from introducing the suggested text as offering no improvement in
legal terms. In fact, the addition could lead to misunderstandings, as if restricting the negative
influence to ‘serious’ cases and leaving open the decision as to in which cases an influence
would have to be regarded as serious or not.

3. Important innovations to the text introduced by the Council

Article 4 (new) — Applicability to sub-assemblies

By integrating this Article the Council has made clear that if essential requirements are defined for
sub-assemblies in the instrument-specific Annexes, then the provisions of the body of the text apply
mutatis mutandis also to those sub-assemblies. This technique increases the practicability of the
Directive and avoids lengthy formulations.

Annex I — Essential requirements

The Council has introduced a much more flexible approach than the one originally envisaged
concerning electromechanical and environmental ‘classes’, thereby giving the manufacturer greater
choice and responsibility in conformity with the ‘new approach’. At the same time Member States
have the option of adapting requirements to their needs when taking into account different
locations for instruments (indoor/outdoor, degree of humidity, cold or warm regions). On the
other hand the approach avoids technical barriers to trade, because,
in principle, all Member
States are obliged to grant market access to legally produced and certified instruments at least
for some defined purposes in their country, notwithstanding further detailed provisions in the
‘putting into use’ chapters of the specific Annexes.

Annex I also incorporates those elements of the former Annex II which are considered as obligatory
and thus cannot be deleted.

Former Annex II

The former Annex II has been deleted, as the test programmes were mainly of an indicative nature.
Those requirements regarded as compulsory are now incorporated into Annex I or different parts of
the Directive.

Specific Annexes MI-001 to MI-010 — Updating of provisions since the presentation of
Commission proposal

Since the time of the presentation of the original Commission proposal the ongoing work on the
international metrological field and in standard-setting bodies has led to new results. The original
text proposal sometimes included references to legal texts or such OIML recommendations which,
in the meantime, have undergone modifications themselves.

To the extent necessary and in full coherence with the principle of facilitating technical progress
and easy application, the instrument-specific Annexes have been modified in order to better reflect
essential requirements in ‘standards’ documents, sometimes drafting the requirements in more
general
for some elements for which up-to-date or modified ‘standards’
documents did not exist, more fundamental modifications have become necessary.

terms. Furthermore,

Deletion of Annex on ‘Evidential breath analysers’ (former MI-010)

In view of the different legal concepts in the Member States, different procedures for registration
and different requirements regarding these instruments, which are regularly used in the context of
court cases, the Council preferred to leave this type of instrument out of the scope of the Directive.

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4. Conclusion

The Common Position adopted by the Council
is fully in line with the main objective of the
Commission's proposal. A unified legal framework for the internal market in measuring instruments
and the necessary clarification of all the metrological requirements have to be combined with the
objective of consumer protection. The notion of balancing simplifications, which follow from the
‘new approach’ and greater responsibility of the manufacturer with necessary safeguards in the
interest of the common good, has been respected and — where necessary — strengthened. The
Council has taken great interest in technically sound and advanced solutions in a dynamically
changing environment (especially concerning the instrument-specific Annexes) as well as in the
administrative applicability of the provisions. The Directive maintains the flexibility for those
Member States which do not regulate a specific type of instrument at the moment, but might
choose to do so in the future. The Council has been in a position to accept the greater part of the
European Parliament amendments, at least in substance, in an effort to meet Parliament's concerns
and to follow good legislative practice on a number of important points.