Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on measuring instruments amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2004-01-26
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, harmonisation of standards, measuring equipment, metrology, technical standard

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.1.2004 
COM(2004) 40 final 

2000/0233 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on measuring instruments 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

EN 

   EN 

 
 
 
  
 
 
2000/0233 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on measuring instruments 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  amendments  adopted  by  the 
Parliament.  

2. 

BACKGROUND 

- 

- 

- 

- 

- 

- 

On 15 September 2000, the Commission transmitted to the European Parliament and 
to the Council its proposal for a Directive COM (2000) 566 final / 2000/0233(COD). 

The European Economic and Social Committee delivered an opinion on 28 February 
2001. 

In  the  first  reading  the  European  Parliament  delivered  its  opinion  with  29 
amendments on 03 July 2001. 

The  Commission  adopted  an  amended  proposal  on  06  February  2002  COM  (2002) 
0037). 

The Council adopted its Common Position unanimously and with the support of the 
Commission on 22 July 2003. 

On  17  December  2003  the  European  Parliament  adopted,  at  the  second  reading,  a 
resolution containing 27 amendments to the Common Position. 

3. 

PURPOSE OF THE PROPOSAL 

A  number  of  measuring  instruments  have  been  harmonised  in  the  seventies  under  optional 
harmonisation:  Member  States  were  allowed  to  maintain  national  regulation  alongside  the 
harmonised Community regulation based on Old Approach Directives. These directives have 
not been updated for technological progress. 

2 

 
 
  
 
 
 
Meanwhile Member States have to different degrees expanded national technical regulations, 
often  based,  wholly  or  in  part,  on  international  recommendations.  Such  national  rules 
fragment the Internal Market.  

In  order  to  achieve  full  harmonisation,  expand  the  scope  of  Community  harmonisation  and 
modernise conformity assessment procedures, it is therefore necessary to update Community 
regulation  to  include  the  application,  by  the  manufacturer,  of  an  approved  and  supervised 
Quality System as an alternative to third party verification of products. 

The  proposal  concerns  the  placing  on  the  market  and  putting  into  use  of  legally  controlled 
measuring  instruments.  It  has  the  characteristics  of  the  New  Approach.  The  proposal 
(Common Position) repeals 10 existing Community directives. 

In  line  with  the  principle  of  subsidiarity,  the  proposal  does  not  harmonise  national  law  that 
imposes  legal  measurement.  This  remains  the  competence  of  the  Member  State  and  hence 
may  differ  from  one  to  another.  However,  when  measurement  is  imposed,  it  can  only  be 
carried out by means of an instrument conforming to the proposal. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

The European Parliament adopted 27 amendments to the Common Position of the Council at 
the second reading.  

The  Commission  accepts  the  amendments  proposed  by  the  European  Parliament.  The 
amendments  are  in  line  with  the  objectives  of  the  Commission’s  original  proposal  and  the 
Council Common Position.  

4.1. 

Amendments accepted by the Commission 

The Amendments proposed by the European Parliament can be grouped for ease of reference 
as follows: 

Amendments with regard to subsidiarity/optionality: 

•  Amendments 1, 2 and  8  clarify that the Directive allows Member States not to 
regulate tasks by instruments covered by the Directive, but in those cases requires 
Member States to communicate the reasons thereof to the Commission. Providing 
this  information  will  help  avoid  unfair  competition  with  instruments  that  are 
regulated. 

•  Amendments 9, 10, 14, 17 second alinea and 26 are changes to the wording to 

enhance clarity and in coherence with amendments 1, 2 and 8.  

The  Commission  accepts  amendments  1,  2,  8,  9,  10,  14,  17  second  alinea  and  26,  as  they 
clarify  the  underlying  concept  of  subsidiarity  already  reflected  in  the  Commission  Proposal 
and  the  Common  Position.  Introducing  an  obligation  of  Member  States  to  inform  the 
Commission  about  measuring  tasks  not  regulated  will  lead  to  an  enhanced  transparency  at 
Community level. 

3 

 
 
  
 
Amendments with regard to in-use requirements: 

•  Amendments 25 and 29 delete provisions which spelled out that Member States 
can maintain their in-use requirements for instruments covered by the Directive. 

The  essential  requirement  on  durability  specifies,  in  general  terms,  that  instruments  shall 
maintain  their  metrological  characteristics  over  time.  Therefore,  a  recital  on  the  use  of  the 
instruments is justified (amendment 29), while an article on in-use requirements is not within 
the remit of the Directive, which concerns first-use (amendment 25). The Commission accepts 
amendments 25 and 29. 

Amendments with regard to sub-assemblies: 

•  Amendments 4, 5 and 13 introduce references to sub-assemblies, clarifying that 
they may be separately subject to conformity assessment procedures foreseen by 
the Directive. 

The  Commission  accepts  amendments  4,  5  and  13,  as  they  clarify  the  procedures  for  sub-
assemblies and are in line with the Common Position. 

Amendments with regard to the review of conformity assessment procedures: 

•  Amendments 6 and 27 introduce the need for consistent conformity assessment 
procedures  as  expressed  in  the  Council  Resolution  of  10  November  2003  and 
invite 
to  review  consistency  of  conformity  assessment 
procedures and to propose, if necessary, the appropriate measures.  

the  Commission 

•  Amendment  32  introduces  a  Joint  Declaration  of  the  European  Parliament,  the 
Council  and the Commission with regard to the envisaged review of conformity 
assessment  procedures  and  with  regard  to  the  intention  of  the  European 
Commission to submit necessary proposals in this regard. 

The Commission accepts amendments 6, 27 and 32. Ensuring a speedy review of the Council 
Decision on conformity assessment and ensuring coherence of certification between directives 
has been of particular importance to the European Parliament. The Commission is dedicated 
to carry out the review of the new approach and will, if necessary, propose modifications to 
the Directive before its transposition as foreseen in its 2004 work programme. Including the 
respective  references  in  the  Directive  underlines  the  importance  given  to  this  review  by  the 
Commission. 

Amendments with regard to the incorporation of Annexes II and III into the articles of 
the Directive: 

•  Amendments 15, 16, 17 first alinea, 18 and 19 relate to the incorporation of the 
text of Annex III of the Directive into Article 8 (a) and of the text of Annex II into 
Article 9 (a) of the Directive.  

The Commission accepts amendments 15, 16, 17 first alinea, 18 and 19, as they are lay-out 
changes  which  do  not  modify  the  substance  of  the  Commission  Proposal  and  the  Common 
Position. 

4 

 
 
  
 
Amendments  with  regard  to  the  Measuring  Instruments  Committee  and  to  delegated 
tasks: 

•  Amendment 30 introduces a recital emphasizing that interested parties should be 
consulted with regard to the activities of the Measuring Instruments Committee. 

•  Amendment 24 deletes two of the tasks originally delegated to the Commission. 

The  Commission  accepts  amendments  30  and  24.  The  Commission  considers  it  good 
administrative practice that Member States consult interested parties and does itself regularly 
carry  out  the  appropriate  consultations.  Amendment  30  reflects  this  administrative  practice. 
With  regard  to  the  delegation  of  tasks  to  the  Commission,  the  Commission  can  agree  to 
amendment 24. 

Amendments  with  regard  to  presumption  of  conformity  and  OIML  normative 
documents: 

•  Amendment  31  specifies  in  the  definition  of  the  “normative  document”  that 
OIML  documents  are  subject  to  Article  13  (1)  procedure  in  order  to  give 
presumption of conformity. 

•  Amendments 20, 22 and 23 clarify that also parts of OIML normative documents 

can be identified and published in a list under Article 13 (1) of the Directive. 

•  Amendment  21  is  a  rewording  of  the  original  provision  meant  to  clarify  the 
different  solutions  to  comply  with  essential  requirements  and  in  particular  the 
concept of presumption of conformity. 

The Commission accepts amendments 31, 20, 21, 22 and 23, as these amendments precise and 
clarify the Commission Proposal and the Common Position. 

4.2. 

Amendments rejected by the Commission 

No amendments have been rejected by the Commission. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

5