Proposal for a Directive of the European Parliament and of the Council on non-automatic weighing instruments (Codified version)
Date: 2007-07-25
Institutions: European Commission
Subjects: Community certification, EC conformity marking, approximation of laws, codification of EU law, harmonisation of standards, measuring equipment, metrology

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 25.7.2007 
COM(2007) 446 final 

2007/0164 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on non-automatic weighing instruments 

(Codified version) 

(presented by the Commission) 

EN 

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EXPLANATORY MEMORANDUM 

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to 
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more 
accessible to the ordinary citizen, thus giving him new opportunities and the chance 
to make use of the specific rights it gives him. 

This aim cannot be achieved so long as numerous provisions that have been amended 
several times, often quite substantially, remain scattered, so that they must be sought 
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable 
research work, comparing many different instruments, is thus needed to identify the 
current rules. 

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also 
essential if Community law is to be clear and transparent. 

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all 
legislative acts should be codified after no more than ten amendments, stressing that 
this  is  a  minimum  requirement  and  that  departments  should  endeavour  to  codify  at 
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the 
Community rules are clear and readily understandable. 

The  Conclusions  of 
the  Edinburgh  European  Council 
(December 1992) confirmed this2, stressing the importance of codification as it offers 
certainty as to the law applicable to a given matter at a given time. 

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community 
legislative procedure. 

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by 
codification, the European Parliament, the Council and the Commission have agreed, 
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated 
procedure may be used for the fast-track adoption of codification instruments. 

is 

this  proposal 

to  undertake  a  codification  of  Council 
The  purpose  of 
Directive 90/384/EEC  of  20  June  1990  on  the  harmonization  of  the  laws  of  the 
Member States relating to non-automatic weighing instruments3. The new Directive 
will  supersede  the  various  acts  incorporated  in  it4;  this  proposal  fully  preserves  the 
content of the acts being codified and hence does no more than bring them together 
with only such formal amendments as are required by the codification exercise itself. 

COM(87) 868 PV. 
See Annex 3 to Part A of the Conclusions. 
Carried out pursuant to the Communication from the Commission to the European Parliament and the 
Council – Codification of the Acquis communautaire, COM(2001) 645 final. 
See Annex VII, Part A of this proposal. 

1. 

2. 

3. 

4. 

1 
2 
3 

4 

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5. 

The codification proposal was drawn up on the basis of a preliminary consolidation, 
in  all  official  languages,  of  Directive  90/384/EEC  and  the  instrument  amending  it, 
carried out by the Office for Official Publications of the European Communities, by 
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new 
numbers,  the  correlation  between  the  old and  the  new  numbers  is  shown  in  a  table 
contained in Annex VII to the codified Directive. 

EN 

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(cid:208) 90/384/EEC (adapted) 

2007/0164 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on non-automatic weighing instruments 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission, 

Having regard to the opinion of the European Economic and Social Committee1, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty2, 

Whereas:  

(1) 

Council  Directive  90/384/EEC of  20  June  1990  on  the  harmonization  of  the  laws  of 
the  Member  States  relating  to  non-automatic  weighing  instruments3  has  been 
substantially  amended4.  In  the  interests  of  clarity  and  rationality  the  said  Directive 
should be codified. 

(cid:208)  

(2)  Member States have the responsibility of protecting the public against incorrect results 
of  weighing  operations  by  means  of  non-automatic  weighing  instruments  when  used 
for certain categories of applications. 

(cid:208) 90/384/EEC Recital 1 

(3) 

In  each  Member  State,  mandatory  provisions  fix  in  particular  the  necessary 
performance  requirements  of  non-automatic  weighing  instruments  by  specifying 

(cid:208) 90/384/EEC Recital 2 

1 
2 
3 
4 

OJ C […], […], p. […]. 
OJ C […] ,[…], p. […]. 
OJ L 189, 20.7.1990, p. 1. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1). 
See Annex VII, Part A. 

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metrological  and  technical  requirements,  together  with  inspection  procedures  before 
and  after  going  into  service.  These  mandatory  provisions  do  not  necessarily  lead  to 
different  levels  of  protection  from  one  Member  State  to  another  but  do,  by  their 
disparity, impede trade within the Community. 

(cid:208) 90/384/EEC Recital 5 (adapted) 

(4) 

This  Directive  should  set  out  mandatory  and  essential  requirements  ⌦ as  regards 
metrology and performance in relation to non-automatic weighing instruments ⌫. To 
facilitate  proof of conformity  with the  essential requirements, it is necessary to have 
harmonised  standards  at  European  level,  in  particular  as  to  the  metrological,  design 
and construction characteristics, so that instruments complying with those harmonised 
standards may be assumed to conform to the essential requirements. These standards, 
harmonised at European level, are drawn up by private bodies and must remain non-
mandatory texts. For that purpose the European Committee for Standardization (CEN), 
the  European  Committee  for  Electrotechnical  Standardization  (Cenelec)  ⌦ and  the 
European  Telecommunications  Standards  Institute  (ETSI) ⌫  are  recognised  as  the 
competent  bodies  for  the  adoption  of  harmonised  standards  in  accordance  with  the 
general  guidelines  for  cooperation  between  the  Commission,  ⌦ the  European  Free 
Trade  Association  (EFTA) ⌫  and  those  ⌦ three ⌫  bodies,  signed  on  28  March 
20035. 

(cid:208) 93/68/EEC Recitals 1, 2 and 3 
(adapted) 

(5)  ⌦ The  Council  has  adopted  a  series  of  Directives  designed  to  remove  technical 
barriers  to  trade  in  accordance  with  the  principles  established  in  its  Resolution  of 
7 May  1985  on  a  new  approach  to  technical  harmonisation  and  standards6;  each  of 
these Directives provides for the affixing of the ‘CE’ marking. In its communication of 
15 June 1989  on  a  global  approach  to  certification  and  testing7,  the  Commission 
proposed that common rules be drawn up concerning a ‘CE’ conformity marking with 
a  single  design.  In  its  Resolution  of  21  December  1989  on  a  global  approach  to 
conformity assessment8, the Council approved as a guiding principle the adoption of a 
consistent approach such as this with regard to the use of the ‘CE’ marking. ⌫ The 
two  basic  elements  of  the  new  approach  which  must  be  applied  are  therefore  the 
essential requirements and the conformity assessment procedures. 

(cid:208) 90/384/EEC (adapted) 

(6) 

Assessment  of  conformity  with  the  relevant  metrological  and  technical  provisions  is 
necessary  to  provide  effective  protection  for  users  and  third  parties.  The  existing 
conformity assessment procedures differ from one Member State to another. To avoid 
multiple assessments of conformity, which are in effect barriers to the free movement 
of  the  instruments,  arrangements  should  be  made  for  the  mutual  recognition  of 

5 
6 
7 
8 

OJ C 91, 1.4.2003, p. 7. 
OJ C 136, 4.6.1985, p. 1. 
OJ C 231, 8.9.1989, p. 3 and OJ C 267, 19.10.1989, p. 3. 
OJ C 10, 16.1.1990, p. 1. 

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conformity  assessment  procedures  by  the  Member  States.  To  facilitate  the  mutual 
recognition  of  conformity  assessment  procedures,  Community  procedures  should  be 
set up, together with criteria for the designation of the bodies responsible for carrying 
out tasks pertaining to the conformity assessment procedures. 

(cid:208) 90/384/EEC 
(cid:206)1 93/68/EEC Art. 8 pt. 1 

(7) 

(8) 

It  is  therefore  essential  to  ensure  that  such  designated  bodies  ensure  a  high  level  of 
quality throughout the Community. 

The  presence  on  a  non-automatic  weighing  instrument  of  the  (cid:206)1 CE  conformity 
marking   or  of  the  sticker  bearing  the  letter  ‘M’  should  indicate  that  there  is  a 
presumption  that  it  satisfies  the  provisions  of  this  Directive  and  therefore  make  it 
unnecessary to repeat the assessments of conformity already carried out. 

(9) 

This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States 
relating  to  the  time-limits  for  transposition  into  national  law  and  application  of  the 
Directives set out in Annex VII, Part B,  

(cid:208)  

HAVE ADOPTED THIS DIRECTIVE: 

CHAPTER 1 

(cid:208) 90/384/EEC 

Scope, placing on the market, free movement 

Article 1 

1. This Directive shall apply to all non-automatic weighing instruments. 

2.  For  the  purposes  of  this  Directive,  the  following  categories  of  use  of  non-automatic 
weighing instruments shall be distinguished: 

(1) 

(a) 

determination of mass for commercial transactions; 

(b)  determination  of  mass  for  the  calculation  of  a  toll,  tariff,  tax,  bonus,  penalty, 

remuneration, indemnity or similar type of payment; 

(c) 

determination of mass for the application of laws or regulations; expert opinion 
given in court proceedings; 

(d)  determination of mass in the practice of medicine for weighing patients for the 

purposes of monitoring, diagnosis and medical treatment; 

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(e) 

determination of mass for making up medicines on prescription in a pharmacy 
and  determination  of  mass 
in  medical  and 
pharmaceutical laboratories; 

in  analyses  carried  out 

(f) 

determination of price on the basis of mass for the purposes of direct sales to 
the public and the making-up of prepackages; 

(2) 

all applications other than those listed in point (1). 

(cid:208) 90/384/EEC (adapted) 

⌦ Article 2 ⌫ 

⌦ For the purposes of this Directive, the following definitions shall apply: ⌫ 

(1) 

(2) 

(3) 

(cid:208) 90/384/EEC Art 1(1) first and 
second subparagraphs 

‘weighing  instrument’:  a  measuring  instrument  serving  to  determine  the  mass  of  a 
body  by  using  the  action  of  gravity  on  that  body.  A  weighing  instrument  may  also 
serve  to  determine  other  mass-related  magnitudes,  quantities,  parameters  or 
characteristics; 

‘non-automatic  weighing 
instrument’:  a  weighing 
intervention of an operator during weighing, hereinafter referred to as ‘instrument’; 

instrument  requiring 

the 

(cid:208) 90/384/EEC Recital 5 last 
sentence (adapted) 

‘harmonised  standard’:  a  technical  specification  (European  standard  or  harmonised 
document)  adopted  by  the  European  Committee  for  Standardisation  (CEN),the 
European  Committee  for  Electrotechnical  Standardisation  (CENELEC),  ⌦ or  the 
European  Telecommunications  Standards  Institute  (ETSI) ⌫,  or  by  ⌦ two  or 
three ⌫  of  those  bodies,  upon  a  remit  from  the  Commission  in  accordance  with 
Directive ⌦ 98/34/EC of the European Parliament and of the Council ⌫9 and the 
general  guidelines  for  cooperation  between  the  Commission,  the  European  Free 
Trade Association (EFTA) and those three bodies, signed on 28 March 2003. 

(cid:208) 90/384/EEC 

Article 3 

1.  Member  States  shall  take  all  steps  to  ensure  that  only  instruments  that  meet  the 
requirements of this Directive may be placed on the market. 

9 

OJ L 204, 21.7.1998, p. 37.  

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(cid:208) 93/68/EEC Art. 8 pt. 2 
(adapted) 

2.  Member  States  shall  take  all  steps  to  ensure  that  instruments  may  not  be  brought  into 
service  for  the  uses  ⌦ referred  to ⌫  in  point  (1)  of  Article  1(2)  unless  they  meet  the 
requirements of this Directive, and accordingly bear the CE marking provided for in Article 
11. 

(cid:208) 90/384/EEC 

Article 4 

Instruments  used  for  the  applications  listed  in  point  (1)  of  Article  1(2)  must  satisfy  the 
essential requirements set out in Annex I. 

In cases where the instrument includes, or is connected to, devices which are not used for the 
applications listed in point (1) of Article 1(2), such devices shall not be subject to the essential 
requirements. 

Article 5 

1. Member States shall not impede the placing on the market of instruments which meet the 
requirements of this Directive. 

2. Member States shall not impede the putting into service, for the uses referred to in point (1) 
of Article 1(2), of instruments which meet the requirements of this Directive. 

Article 6 

1. Member States shall presume conformity with the essential requirements set out in Annex I 
in respect of instruments which comply with the relevant national standards implementing the 
harmonised standards that meet those requirements. 

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2.  The  Commission  shall  publish  the  references  of  the  harmonised  standards  referred  to  in 
paragraph 1 in the Official Journal of the European Union.  

Member  States  shall  publish  the  references  of  the  national  standards  referred  to  in 
paragraph 1. 

Article 7 

(cid:208) 90/384/EEC (adapted) 

Where a Member State or the Commission considers that the harmonised standards referred to 
in  Article  6(1)  do  not  fully  meet  the  essential  requirements  set  out  in  Annex  I,  the 
Commission  or  the  Member  State  concerned  shall  bring  the  matter  before  the  Standing 
Committee set up under ⌦ Article 5 of ⌫ Directive 98/34/EC, hereinafter referred to as ‘the 
Committee’, giving its reasons for doing so.  

(cid:208) 90/384/EEC 
(cid:206)1 93/68/EEC Art. 8 pt. 1 

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 those standards from the publications referred to in 
Article 6(2). 

Article 8 

1.  Where  a  Member  State  considers  that  instruments  bearing  the  (cid:206)1 CE  conformity 
marking   referred  to  in  Annex  II,  points  2,  3  and  4,  do  not  meet  the  requirements  of  this 
Directive  when  properly  installed  and  used  for  the  purposes  for  which  they  are  intended,  it 
shall  take  all  appropriate  measures  to  withdraw  those  instruments  from  the  market  or  to 
prohibit or restrict their being put into service and/or placed on the market. 

The Member State concerned shall immediately inform the Commission of any such measure, 
indicating the reasons for its decision, and in particular whether non-compliance is due to: 

(a) 

(b) 

(c) 

failure to meet the essential requirements set out in Annex I, where instruments do 
not meet the harmonised standards referred to in Article 6(1); 

incorrect application of the harmonised standards referred to in Article 6(1); 

shortcomings in the harmonised standards referred to in Article 6(1) themselves. 

2.  The  Commission  shall  enter  into  consultation  with  the  parties  concerned  as  soon  as 
possible. 

After  such  consultation  the  Commission  shall  immediately  inform  the  Member  State  which 
took the action of the result. Should it find that the measure is justified it shall immediately 
inform the other Member States. 

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If the decision is attributed to shortcomings in the standards, the Commission, after consulting 
the parties concerned, shall bring the matter before the Committee within two months if the 
Member State which has taken the measures intends to maintain them, and shall subsequently 
initiate the procedures referred to in Article 7. 

3. Where an instrument which does not comply bears the (cid:206)1 CE conformity marking , the 
competent  Member  State  shall  take  appropriate  action  against  whomsoever  has  affixed  the 
marking and shall inform the Commission and the other Member States thereof. 

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

CHAPTER 2 

Conformity assessment 

Article 9 

1.  The  conformity  of  instruments  to  the  essential  requirements  set  out  in  Annex  I  may  be 
certified by either of the following procedures as selected by the applicant: 

(a) 

EC type examination as referred to in Annex II, point 1, followed either by the EC 
declaration  of  type  conformity  (guarantee  of  production  quality)  as  referred  to  in 
Annex II, point 2, or by the EC verification as referred to in Annex II, point 3. 

However, EC type examination shall not be compulsory for instruments which do not 
use  electronic  devices  and  whose  load-measuring  device  does  not  use  a  spring  to 
balance the load; 

(b) 

EC unit verification as referred to in Annex II, point 4. 

2.  The  documents  and  correspondence  relating  to  the  procedures  referred  to  in  paragraph  1 
shall be drafted in an official language of the Member State where the said procedures are to 
be  carried  out,  or  in  a  language  accepted  by  the  body  ⌦ notified  in  accordance  with 
Article 10(1) ⌫. 

(cid:208) 90/384/EEC (adapted) 

3. Where the instruments are subject to other Directives covering other aspects and which also 
provide  for  the  affixing  of  the  CE  conformity  marking,  the  latter  shall  indicate  that  the 
instruments  in  question  are  also  presumed  to  conform  to  the  provisions  of  those  other 
Directives. 

(cid:208) 93/68/EEC Art. 8 pt. 3 

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However,  where  one  or  more  of  the  Directives  which  apply  to  the  instruments  allow  the 
manufacturer,  during  a  transitional  period,  to  choose  which  arrangements  to  apply,  the  CE 
conformity  marking  shall  indicate  conformity  only  to  the  Directives  applied  by  the 
manufacturer.  In  this  case,  particulars  of  the  Directives  applied,  as  published  in  the  Official 
Journal  of  the  European  Union,  must  be  given  in  the  documents,  notices  or  instructions 
required by the Directives and accompanying such instruments. 

(cid:208) 90/384/EEC 

Article 10 

(cid:208) 93/68/EEC Art. 8 pt. 4 

1.  Member  States  shall  notify  the  Commission  and  the  other  Member  States  of  the  bodies 
which they have appointed to carry out the procedures referred to in Article 9 together with 
the specific tasks which these bodies have been appointed to carry out and the identification 
numbers assigned to them beforehand by the Commission. 

The  Commission  shall  publish  in  the  Official  Journal  of  the  European  Union  a  list  of  the 
notified  bodies  and  their  identification  numbers  and  the  tasks  for  which  they  have  been 
notified. The Commission shall ensure that this list is kept up to date. 

(cid:208) 90/384/EEC 
(cid:206)1 93/68/EEC Art. 8 pt. 1 

2. Member States shall apply the minimum criteria set out in Annex V for the designation of 
bodies. Bodies which satisfy the criteria fixed by the relevant harmonised standards shall be 
presumed to satisfy the criteria set out in that Annex. 

3. A Member State which has designated a body shall cancel the designation if the body no 
longer  meets  the  criteria  for  designation  referred  to  in  paragraph  2.  It  shall  immediately 
inform the other Member States and the Commission thereof and withdraw the notification. 

CHAPTER 3 

(cid:206)1 CE conformity marking  and inscriptions 

Article 11 

1.  The  (cid:206)1 CE  conformity  marking   and  the  required  supplementary  data  as  described  in 
Annex  IV,  point  1,  shall  be  affixed  in  a  clearly  visible,  easily  legible  and  indelible  form  to 
instruments for which EC conformity has been established. 

2. The inscriptions referred to in Annex IV, point 2, shall be affixed in a clearly visible, easily 
legible and indelible form to all other instruments. 

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3. The affixing of markings on the instruments, which are likely to deceive third parties as to 
the  meaning  and  form  of  the  CE  marking,  shall  be  prohibited.  Any  other  marking  may  be 
affixed to the instruments provided that the visibility and legibility of the CE markings is not 
thereby reduced. 

(cid:208) 93/68/EEC Art. 8 pt. 5 

(cid:208) 93/68/EEC Art. 8 pt. 6 

Without prejudice to Article 8: 

Article 12 

(a) 

(b) 

where a Member State establishes that the CE conformity marking has been affixed 
unduly,  the  manufacturer  or  his  authorised  representative  established  within  the 
Community  shall  be  obliged  to  make  the  instrument  conform  as  regards  the 
provisions  concerning  the  CE  marking  and  to  end  the  infringement  under  the 
conditions imposed by the Member State; 

where  non-conformity  continues,  the  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  in  accordance  with  the 
procedures laid down in Article 8. 

(cid:208) 90/384/EEC 
(cid:206)1 93/68/EEC Art. 8 pt. 1 

Article 13 

Where  an  instrument  which  is  used  for  any  of  the  applications  referred  to  in  point  (1)  of 
Article  1(2)  includes,  or  is  connected  to,  devices  that  have  not  been  subject  to  conformity 
assessment as referred to in Article 9, each of these devices shall bear the symbol restricting 
its  use  as  defined  by  Annex  IV,  point  3.  That  symbol  shall  be  affixed  to  the  devices  in  a 
clearly visible and indelible form. 

CHAPTER 4 

Final provisions 

Article 14 

Member States shall take all steps to ensure that instruments bearing the (cid:206)1 CE marking  
attesting  conformity  with  the  requirements  of  this  Directive  continue  to  conform  to  those 
requirements. 

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Article 15 

Any decision taken pursuant to this Directive and resulting in restrictions on the putting into 
service of an instrument shall state the exact grounds on which it is based. 

Such a decision shall be notified without delay to the party concerned, who shall at the same 
time  be  informed  of  the  judicial  remedies  available  to  him  under  the  laws  in  force  in  the 
Member State in question and of the time limits to which such remedies are subject. 

Article 16 

(cid:208) 90/384/EEC (adapted) 

Member States shall communicate to the Commission the texts of the ⌦ main ⌫ provisions 
of national law which they adopt in the field covered by this Directive. 

(cid:208)  

Article 17 

Directive 90/384/EEC, as amended by the Directive listed in Annex VII, Part A, is repealed, 
without  prejudice  to  the  obligations  of  the  Member  States  relating  to  the  time-limits  for 
transposition into national law and application of the Directives set out in Annex VII, Part B. 

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and 
shall be read in accordance with the correlation table in Annex VIII. 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

Article 18 

(cid:208) 90/384/EEC  

Article 19 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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(cid:208) 90/384/EEC (adapted) 

ANNEX I 

⌦ ESSENTIAL REQUIREMENTS ⌫ 

(cid:208) 90/384/EEC 
(cid:206)1 Corrigendum 90/384/EEC 
(OJ L 258, 22.9.1990, p. 35) 

The terminology used is that of the (cid:206)1 Organisation Internationale de Métrologie Légale . 

Preliminary observation 

Where an instrument includes, or is connected to, more than one indicating or printing device 
used  for  the  applications  listed  in  point  1  of  Article  1(2),  those  devices  which  repeat  the 
results  of  the  weighing  operation  and  which  cannot  influence  the  correct  functioning  of  the 
instrument shall not be subject to the essential requirements if the weighing results are printed 
or  recorded  correctly  and  indelibly  by  a  part  of  the  instrument  which  meets  the  essential 
requirements  and  the  results  are  accessible  to  both  parties  concerned  by  the  measurement. 
However, in the case of instruments used for direct sales to the public, display and printing 
devices for the vendor and the customer must fulfil the essential requirements. 

METROLOGICAL REQUIREMENTS 

1. 

Units of mass 

The  units  of  mass  used  shall  be  the  legal  units  within  the  meaning  of  Council 
Directive 80/181/EEC(cid:206)1 1 . 

Subject to compliance with this condition, the following units are permitted: 

–  (cid:206)1 SI units : kilogram, microgram, milligram, gram, tonne, 

– 

– 

Imperial units: pound, ounce (avoirdupois), Troy ounce, 

other non-SI units: metric carat, if weighing precious stones. 

For  instruments  that  make  use  of  the  Imperial  units  of  mass  referred  to  above,  the 
relevant  essential  requirements  specified  below  shall  be  converted  to  the  said 
Imperial units, using simple interpolation. 

1 

OJ L 39, 15.2.1980, p. 40. 

EN 

14 

   EN 

 
 
 
 
 
 
                                                 
2. 

Accuracy classes 

2.1. 

The following accuracy classes have been defined: 

I  special 

II  high 

III  medium 

IIII  ordinary 

The specifications of these classes are given in Table 1.  

TABLE 1 

Accuracy classes 

Class 

Verification scale 
interval (e) 

Minimum 
capacity 
(Min) 

Number of verification scale 
intervals 
n = Max 
…..e 

minimum 
value 

minimum 
value 

maximum 
value 

I  0,001 

g ≤ e 

100 e 

50 000 

— 

II 

(cid:206)1 0,001 
 

(cid:206)1 g ≤ e ≤
 0,05 g  

0,1 

g ≤ e 

III 

0,1 

g ≤ e ≤ 2 g 

5 

IIII  5 

g ≤ e 

g ≤ e 

20 e 

50 e 

20 e 

20 e 

10 e 

100 

100 000 

5 000 

100 000 

100 

500 

100 

10 000 

10 000 

1 000 

The  minimum  capacity  is  reduced  to  5e  for  instruments  in  classes  II  and  III  for 
determining a conveying tariff. 

2.2. 

Scale intervals 

2.2.1.  The  actual  scale  interval  (d)  and  the  verification  scale  interval  (e)  shall  be  in  the 

form: 

1 × 10k, 2 × 10k, or 5 × 10k mass units, 

k being any integer or zero. 

EN 

15 

   EN 

 
 
 
 
 
2.2.2.  For all instruments other than those with auxiliary indicating devices: 

d = e 

2.2.3.  For instruments with auxiliary indicating devices the following conditions apply: 

e = 1 × 10k g 

d < e ≤ 10 d 

except for instruments of (cid:206)1 class I  with d < 10− 4 g, for which e = 10− 3 g. 

3. 

Classification 

3.1. 

Instruments with one weighing range 

Instruments  equipped  with  an  auxiliary  indicating  device  shall  belong  to  class  I  or 
class  II.  For  these  instruments  the  minimum  capacity  lower  limits  for  these  two 
classes  are  obtained  from  Table  1  by  replacement  in  column  3  of  the  verification 
scale interval (e) by the actual scale interval (d). 

If d < 10− 4 g, the maximum capacity of (cid:206)1 class I  may be less than 50 000 e. 

3.2. 

Instruments with multiple weighing ranges 

Multiple  weighing  ranges  are  permitted,  provided  they  are  clearly  indicated  on  the 
instrument.  Each  individual  weighing  range  is  classified  according  to  3.1.  If  the 
weighing ranges fall into different accuracy classes the instrument shall comply with 
the  severest  of  the  requirements  that  apply  for  the  accuracy  classes  in  which  the 
weighing ranges fall. 

3.3. 

Multi-interval instruments 

3.3.1. 

Instruments  with  one  weighing  range  may  have  several  partial  weighing  ranges 
(multi-interval instruments). 

Multi-interval instruments shall not be equipped with an auxiliary indicating device. 

3.3.2.  Each partial weighing (cid:206)1 range i  of multi-interval instruments is defined by: 

– 

– 

– 

its verification scale interval ei 

with 

e(i + 1) 

> ei 

its maximum capacity Maxi 

its minimum capacity Mini 

with 

with 

and 

Maxr 

= Max 

Mini 

= Max (i − 1) 

Min1 

= Min 

EN 

16 

   EN 

 
 
 
 
 
 
 
 
 
where: 

i 

i 

r 

= 

= 

= 

1, 2, … r, 

partial weighing range number, 

the total number of partial weighing ranges. 

All capacities are capacities of net load, irrespective of the value of any tare used. 

3.3.3.  The partial weighing ranges are classified according to Table 2. All partial weighing 
ranges  shall  fall  into  the  same  accuracy  class,  this  class  being  the  instrument's 
accuracy class. 

TABLE 2 

Multi-interval instruments 

i 

i 

r 

= 

= 

= 

1, 2, … r 

partial weighing range number 

total number of partial weighing ranges 

Clas
s 

Verification scale 
interval (e) 

I  0,001 

g ≤ ei 

II 

0,001 

g ≤ ei ≤ 0,
05 g 

0,1 

III  0,1 

III  5 

g ≤ ei 

g ≤ ei 

g ≤ ei 

Minimum 
capacity 
(Min) 

Minimum 
value 

100 e1

20 e1

50 e1

20 e1

10 e1

Number of verification scale 
intervals 

Minimum 
value(1) 
n = Maxi 
…..e(i+1) 

Maximum 
value 
n = Maxi 
…..ei 

50 000 

— 

5 000 

100 000 

5 000 

100 000 

500 

50 

10 000 

10 00 

(1) 

For i = r the corresponding column of Table 1 applies, with e replaced by er. 

EN 

17 

   EN 

 
 
 
4. 

Accuracy 

4.1. 

On implementation of the procedures laid down in Article 9, the error of indication 
shall not exceed the maximum permissible error of indication as shown in Table 3. In 
case  of  digital  indication  the  error  of  indication  shall  be  corrected  for  the  rounding 
error. 

The  maximum  permissible  errors  apply  to  the  net  and  tare  value  for  all  possible 
loads, excluded preset tare values. 

EN 

18 

   EN 

 
 
TABLE 3 

Maximum permissible errors 

Load 

Class I 

Class II 

Class III 

Class IIII 

Maximum 
permissible 
error 

0 

  ≤ m ≤ 

50 000  e 

0   ≤ m ≤ 

5 000 e 

0  

≤ m ≤ 

500 e

0   ≤ m ≤ 

50 e

± 0,5 e 

50 000  e  < m ≤ 

200 000  e 

5 000 e < m ≤ 

20 000 e 

500 e  < m ≤ 

2 000 e

50 e < m ≤ 

200 e

± 1,0 e 

200 000  e  < m 

20 000 e < m ≤ 

100 000 e 

2 000 e  < m ≤ 

10 000 e 200 e < m ≤ 

1 000 e

± 1,5 e 

EN 

19 

EN 

 
  
 
 
 
4.2. 

5. 

6. 

7. 

7.1. 

The  maximum  permissible  errors  in  service  are  twice  the  maximum  permissible 
errors fixed in Section 4.1. 

Weighing results of an instrument shall be repeatable, and shall be reproducible by 
the other indicating devices used and with other methods of balancing used. 

The weighing results shall be sufficiently insensitive to changes in the position of the 
load on the load receptor. 

The instrument shall react to small variations in the load. 

Influence quantities and time 

Instruments of classes  II, III and IIII, liable to be used in a tilted position, shall be 
sufficiently  insensitive  to  the  degree  of  tilting  that  can  exist  in  a  normal  installed, 
condition. 

7.2. 

The  instruments  shall  meet  the  metrological  requirements  within  the  temperature 
range specified by the manufacturer. The value of this range shall be at least equal to: 

5 °C for an instrument in class I, 

15 °C for an instrument in class II, 

30 °C for an instrument in class III or IIII. 

In  the  absence  of  a  manufacturer's  specification,  the  temperature  range  of − 10 °C 
to + 40 °C applies. 

7.3. 

Instruments  operated  from  a  mains  power  supply  shall  meet  the  metrological 
requirements  under  conditions  of  power  supply  within  the  limits  of  normal 
fluctuation. 

Instruments  operated  from  battery  power  shall  indicate  whenever  the  voltage  drops 
below  the  minimum  required  value  and  shall  under  those  circumstances  either 
continue to function correctly or be automatically put out of service. 

Electronic instruments, except those in class I and in class II if e is less than 1 g, shall 
meet the metrological requirements under conditions of high relative humidity at the 
upper limit of their temperature range. 

Loading an instrument in class II, III or IIII for a prolonged period of time shall have 
a negligible influence on the indication at load or on the zero indication immediately 
after removal of the load. 

7.4. 

7.5. 

7.6. 

Under other conditions the instruments shall either continue to function correctly or 
be automatically put out of service. 

EN 

20 

   EN 

 
 
 
 
DESIGN AND CONSTRUCTION 

8. 

General requirements 

8.1. 

Design  and  construction  of  the  instruments  shall  be  such  that  the  instruments  will 
preserve  their  metrological  qualities  when  properly  used  and  installed,  and  when 
used in an environment for which they are intended. The value of the mass must be 
indicated. 

8.2 

When exposed to disturbances, electronic instruments shall not display the effects of 
significant faults, or shall automatically detect and indicate them. 

Upon automatic detection of a significant fault, electronic instruments shall provide a 
visual or audible alarm that shall continue until the user takes corrective action or the 
fault disappears. 

8.3. 

The  requirements  of  8.1  and  8.2  shall  be  met  on  a  lasting  basis  during  a  period  of 
time that is normal in view of the intended use of such instruments. 

Digital  electronic  devices  shall  always  exercise  adequate  control  of  the  correct 
operation of the measuring process, of the indicating facility, and of all data storage 
and data transfer. 

Upon  automatic  detection  of  a  significant  durability  error,  electronic  instruments 
shall  provide  a  visual  or  audible  alarm  that  shall  continue  until  the  user  takes 
corrective action or the error disappears. 

8.4.  When  external  equipment  is  connected  to  an  electronic  instrument  through  an 
appropriate  interface  the  metrological  qualities  of  the  instrument  shall  not  be 
adversely influenced. 

8.5. 

The  instruments  shall  have  no  characteristics  likely  to  facilitate  fraudulent  use, 
whereas  possibilities  for  unintentional  misuse  shall  be  minimal.  Components  that 
may not be dismantled or adjusted by the user shall be secured against such actions. 

8.6. 

Instruments shall be designed to permit ready execution of the statutory controls laid 
down by this Directive. 

9. 

Indication of weighing results and other weight values 

The  indication  of  the  weighing  results  and  other  weight  values  shall  be  accurate, 
unambiguous and non-misleading and the indicating device shall permit easy reading 
of the indication under normal conditions of use. 

The names and symbols of the units referred to in point 1 of this Annex shall comply 
with the provisions of Directive 80/181/EEC with the addition of the symbol for the 
metric carat which shall be the symbol ‘ct’. 

Indication shall be impossible above the maximum capacity (Max), increased by 9e. 

EN 

21 

   EN 

 
 
 
 
 
 
 
An auxiliary indicating device is permitted only to the right of the decimal mark. An 
extended  indicating  device  may  be  used  only  temporarily,  and  printing  shall  be 
inhibited during its functioning. 

Secondary  indications  may  be  shown,  provided  that  they  cannot  be  mistaken  for 
primary indications. 

10. 

Printing of weighing results and other weight values 

Printed  results  shall  be  correct,  suitably  identified  and  unambiguous.  The  printing 
shall be clear, legible, non-erasable and durable. 

11. 

Levelling 

When  appropriate,  instruments  shall  be  fitted  with  a  levelling  device  and  a  level 
indicator, sufficiently sensitive to allow proper installation. 

12 

Zeroing 

Instruments  may  be  equipped  with  zeroing  devices.  The  operation  of  these  devices 
shall result in accurate zeroing and shall not cause incorrect measuring results. 

13. 

Tare devices and preset tare devices 

The  instruments  may  have  one  or  more  tare  devices  and  a  preset  tare  device.  The 
operation of the tare devices shall result in accurate zeroing and shall ensure correct 
net  weighing.  The  operation  of  the  preset  tare  device  shall  ensure  correct 
determination of the calculated net value. 

14. 

Instruments for direct sales to the public with a maximum capacity not greater 
than 100 kg: additional requirements 

Instruments for direct sale to the public shall show all essential information about the 
weighing  operation  and,  in  the  case  of  price-indicating  instruments,  shall  clearly 
show the customer the price calculation of the product to be purchased. 

The price to pay, if indicated, shall be accurate. 

Price-computing  instruments  shall  display  the  essential  indications  long  enough  for 
the customer to read them properly. 

Price-computing instruments may perform functions other than per-article weighing 
and  price  computation  only  if  all  indications  related  to  all  transactions  are  printed 
clearly,  unambiguously  and  conveniently  arranged  on  a  ticket  or  label  for  the 
customer. 

Instruments  shall  bear  no  characteristics  that  can  cause,  directly  or  indirectly, 
indications whose interpretation is not easy or straightforward. 

Instruments shall safeguard customers against incorrect sales transactions due to their 
malfunctioning. 

EN 

22 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
Auxiliary indicating devices and extended indicating devices are not permitted. 

Supplementary devices are permitted only if they cannot lead to fraudulent use. 

Instruments similar to those normally used for direct sales to the public which do not 
satisfy  the  requirements  of  this  Section  must  carry  near  to  the  display  the  indelible 
marking ‘Not to be used for direct sale to the public’. 

15. 

Price labelling instruments 

Price  labelling  instruments  shall  meet  the  requirements  of  price  indicating 
instruments  for  direct  sale  to  the  public,  as  far  as  applicable  to  the  instrument  in 
question.  The  printing  of  a  price  label  shall  be  impossible  below  a  minimum 
capacity. 

_____________ 

EN 

23 

   EN 

 
 
 
 
 
(cid:208) 90/384/EEC (adapted) 

ANNEX II 

⌦ CONFORMITY ASSESSMENT PROCEDURES ⌫ 

1. 

EC type-examination 

(cid:208) 90/384/EEC 

1.1. 

1.2. 

EC type-examination is the procedure whereby a notified body verifies and certifies 
the 
that  an 
requirements of this Directive . 

the  production  envisaged,  meets 

instrument,  representative  of 

The  application  for  type-examination  shall  be  lodged  by  the  manufacturer  or  his 
authorised  representative  established  within  the  Community  with  a  single  notified 
body. 

The application shall include: 

– 

– 

the name and address of the manufacturer and, if the application is lodged by 
the authorised representative, his name and address in addition; 

a  written  declaration  that  the  application  has  not  been  lodged  with  any  other 
notified body; 

– 

the design documentation, as described in Annex III. 

The  applicant  shall  place  at  the  disposal  of  the  notified  body  an  instrument, 
representative of the production envisaged, hereinafter called the ‘type’. 

1.3. 

The notified body shall: 

1.3.1. 

examine the design documentation and verify that the type has been manufactured in 
accordance with that documentation; 

1.3.2. 

agree with the applicant on the location where the examinations and/or tests shall be 
carried out; 

1.3.3. 

1.3.4. 

perform  or  have  performed  the  appropriate  examinations  and/or  tests  to  check 
whether  the  solutions  adopted  by  the  manufacturer  meet  the  essential  requirements 
where the harmonised standards referred to in Article 6(1) have not been applied; 

perform  or  have  performed  the  appropriate  examinations  and/or  tests  to  check 
whether,  where  the  manufacturer  has  chosen  to  apply  the  relevant  standards,  these 
have  been  applied  effectively,  thereby  assuring  conformity  with  the  essential 
requirements. 

EN 

24 

   EN 

 
 
 
 
 
1.4.  Where the type meets the provisions of this Directive, the notified body shall issue an 
EC  type-approval  certificate  to  the  applicant.  The  certificate  shall  contain  the 
conclusions of the examination, conditions (if any) for its validity, the necessary data 
for  identification  of  the  approved  instrument  and,  if  relevant,  a  description  of  its 
functioning. All the relevant technical elements such as drawings and layouts shall be 
annexed to the EC type-approval certificate. 

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

In the event of fundamental changes to the design of the instrument, e.g. as a result of 
the  application  of  new  techniques,  the  validity  of  the  certificate  may  be  limited  to 
two years and extended by three years. 

1.5. 

Each notified body shall periodically make available to all Member States the list of: 

– 

– 

– 

– 

applications received for EC type-examination; 

EC type-approval certificates issued; 

applications for type-certificates refused; 

additions and amendments relating to documents already issued. 

Each  notified  body  shall  moreover  inform  all  the  Member  States  forthwith  of 
withdrawals of EC type-approval certificates. 

Each Member State shall make this information available to the bodies which it has 
notified. 

The  other  notified  bodies  may  receive  a  copy  of  the  certificates  together  with  the 
Annexes to them. 

The  applicant  shall  keep  the  notified  body  that  has  issued  the  EC  type-approval 
certificate informed of any modification to the approved type. 

1.6. 

1.7. 

Modifications  to  the  approved  type  must  receive  additional  approval  from  the 
notified  body  that  issued  the  EC  type-approval  certificate  where  such  changes 
influence  conformity  with  the  essential  requirements  of  this  Directive  or  the 
prescribed conditions for use of the instrument. This additional approval is given in 
the form of an addition to the original EC type-approval certificate. 

2. 

EC declaration of type conformity (guarantee of production quality) 

2.1. 

The  EC  declaration  of  type  conformity  (guarantee  of  production  quality)  is  the 
procedure  whereby  the  manufacturer  who  satisfies  the  obligations  of  point  2.2 
declares that the instruments concerned are, where applicable, in conformity with the 
type as described in the EC type-approval certificate and satisfy the requirements of 
this Directive. 

EN 

25 

   EN 

 
 
 
 
 
 
(cid:208) 93/68/EEC Art. 8 pt. 7(a) 

The manufacturer or his authorised representative established within the Community 
shall  affix  the  CE  marking  to  each  instrument  and  the  inscriptions  provided  for  in 
Annex IV and shall draw up a written declaration of conformity. 

The  CE  marking  shall  be  accompanied  by  the identification number  of  the  notified 
body responsible for the EC surveillance referred to in point 2.4. 

2.2. 

The manufacturer shall have adequately implemented a quality system as specified in 
point 2.3 and shall be subject to EC surveillance as specified in point 2.4. 

(cid:208) 90/384/EEC 

2.3. 

Quality system 

2.3.1.  The manufacturer shall lodge an application for approval of this quality system with 

a notified body. 

The application shall include: 

– 

– 

an  undertaking  to  carry  out  the  obligations  arising  from  the  approved  quality 
system, 

an undertaking to maintain the approved quality system to ensure its continuing 
suitability and effectiveness. 

The manufacturer shall make available to the notified body all relevant information, 
in particular the quality system's documentation and the design documentation of the 
instrument. 

2.3.2.  The  quality  system  shall  ensure  conformity  of  the  instruments  with  the  type  as 
described  in  the  EC  type-approval  certificate  and  with  the  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  rules, 
procedures and instructions. This quality system documentation shall ensure a proper 
understanding 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  process,  the  quality  control  and  assurance  techniques  and 
the systematic measures 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; 

EN 

26 

   EN 

 
 
 
 
 
 
 
 
 
– 

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

2.3.3.  The  notified  body  shall  examine  and  evaluate  the  quality  system  to  determine 
whether  it  satisfies  the  requirements  referred  to  in  point  2.3.2.  It  shall  presume 
conformity with these requirements in respect of quality systems that implement the 
corresponding harmonised standard. 

It  shall  notify  its  decision  to  the  manufacturer  and  inform  the  other  notified  bodies 
thereof.  The  notification  to  the  manufacturer  shall  contain  the  conclusions  of  the 
examination and, in the event of refusal, the justification for the decision. 

2.3.4.  The  manufacturer  or  his  authorised  representative  shall  keep  the  notified  body  that 
has  approved  the  quality  system  informed  of  any  updating  of  the  quality  assurance 
system  in  relation  to  changes  brought  about  by,  e.g.  new  technologies  and  new 
quality concepts. 

2.3.5.  Any  notified  body  that  withdraws  approval  of  a  quality  system  shall  so  inform  the 

other notified bodies. 

2.4. 

EC surveillance 

2.4.1.  The purpose of EC surveillance is to make sure that the manufacturer duly fulfils the 

obligations arising out of the approved quality system. 

2.4.2.  The manufacturer shall grant the notified body access for inspection purposes to the 
manufacture,  inspection,  testing  and  storage  premises  and  shall  provide  it  with  all 
necessary information, in particular: 

– 

– 

– 

the quality system documentation; 

the design documentation; 

the  quality  records,  e.g.  the  inspection  reports  and  tests  and  calibration  data, 
reports on the qualifications of the personnel concerned, etc. 

The  notified  body  shall  periodically  carry  out  audits  in  order  to  ensure  that  the 
manufacturer  is  maintaining  and  applying  the  quality  system;  it  shall  provide  the 
manufacturer with an audit report. 

In addition, the notified body may carry out unscheduled visits to the manufacturer. 
During  such  visits,  the  notified  body  may  carry  out  full  or  partial  audits.  It  shall 
provide the manufacturer with a report on the visit, and, where appropriate, an audit 
report. 

2.4.3.  The  notified  body  shall  ensure  that  the  manufacturer  maintains  and  applies  the 

approved quality system.  

EN 

27 

   EN 

 
 
 
 
(cid:208) 93/68/EEC Art. 8 pt. 7(b) 

3. 

EC verification 

3.1. 

3.2. 

3.3. 

3.4. 

EC  verification  is  the  procedure  whereby  the  manufacturer  or  his  authorised 
representative  established  within  the  Community  ensures  and  declares  that  the 
instruments  which  have  been  checked  in  accordance  with  point  3.3  are,  where 
applicable, in conformity to the type described in the EC type-examination certificate 
and satisfy the requirements of the Directive. 

The manufacturer shall take all necessary measures in order that the manufacturing 
process  ensures  conformity  of  the  instruments,  where  applicable,  with  the  type  as 
described  in  the  EC  type-examination  certificate  and  with  the  requirements  of  this 
Directive  which  apply  to  them.  The  manufacturer  or  his  authorised  representative 
established within the Community shall affix the CE marking to each instrument and 
draw up a written declaration of conformity. 

The notified body shall carry out the appropriate examinations and tests in order to 
check  the  conformity  of  the  product  to  the  requirements  of  this  Directive  by 
examination and testing of every instrument, as specified in point 3.5. 

For instruments not subject to EC type-approval, the documents relating to the design 
of  the  instrument,  as  set  out  in  Annex  III,  must  be  accessible  to  the  notified  body 
should the latter so request. 

3.5. 

Verification by checking and testing of each instrument. 

3.5.1.  All instruments shall be individually examined and appropriate tests, as set out in the 
relevant harmonised standards referred to in Article 6(1), or equivalent tests, shall be 
carried  out  in  order  to  verify  their  conformity,  where  applicable,  to  the  type  as 
described  in  the  EC  type-examination  certificate  and  the  requirements  of  this 
Directive. 

3.5.2.  The notified body shall affix, or cause to be affixed, its identification number on each 
instrument  the  conformity  of  which  to  requirements  has  been  established  and  draw 
up a written certificate of conformity relating to the tests carried out. 

3.5.3.  The  manufacturer  or  his  authorised  representative  shall  ensure  that  he  is  able  to 

supply the notified body's certificates of conformity on request 

4. 

EC unit verification 

4.1. 

EC  unit  verification  is  the  procedure  whereby  the  manufacturer  or  his  authorised 
representative  established  within  the  Community  ensures  and  declares  that  the 
instrument, generally designed for a specific application, which has been issued with 
the certificate referred to in point 4.2 conforms to the requirements of this Directive 
that apply to it. The manufacturer or his authorised representative shall affix the CE 
marking to the instrument and shall draw up a written declaration of conformity. 

EN 

28 

   EN 

 
 
4.2. 

The notified body shall examine the instrument and carry out the appropriate tests, as 
set  out  in  the  relevant  harmonised  standard(s)  referred  to  in  Article  6(1),  or 
equivalent tests, in order to ensure its conformity to the relevant requirements of this 
Directive. 

The notified body shall affix, or cause to be affixed, its identification number to the 
instrument  the  conformity  of  which  to  requirements  has  been  established  and  shall 
draw up a written certificate of conformity concerning the tests carried out. 

4.3. 

The aim of the technical documentation relating to the design of the instrument, as 
referred to in Annex III, is to enable conformity to the requirements of this Directive 
to  be  assessed  and  the  design,  manufacture  and  operation  of  the  instrument  to  be 
understood. It must be accessible to the notified body. 

4.4. 

The  manufacturer  or  his  authorised  representative  shall  ensure  that  he  is  able  to 
supply the notified body's certificates of conformity on request. 

5. 

Common provisions 

(cid:208) 90/384/EEC 

5.1. 

5.2. 

The  EC  declaration  of  type  conformity  (guarantee  of  production  quality),  the  EC 
verification,  and  the  EC  unit  verification  may  be  carried  out  at  the  manufacturer's 
works  or  any  other  location  if  transport  to  the  place  of  use  does  not  require 
dismantling of the instrument, if the taking into service at the place of use does not 
require assembly of the instrument or other technical installation work likely to affect 
the  instrument's  performance,  and  if  the  gravity  value  at  the  place  of  putting  into 
service is taken into consideration or if the instrument's performance is insensitive to 
gravity variations. In all other cases, they shall be carried out at the place of use of 
the instrument. 

If  the  instrument's  performance  is  sensitive  to  gravity  variations  the  procedures 
referred to in point 5.1 may be carried out in two stages, where the second stage shall 
comprise all examinations and tests of which the outcome is gravity-dependent, and 
the first stage all other examinations and tests. The second stage shall be carried out 
at the place of use of the instrument. If a Member State has established gravity zones 
on its territory the expression ‘at the place of use of the instrument’ may be read as 
‘in the gravity zone of use of the instrument’. 

5.3.1.  Where a manufacturer has opted for execution in two stages of one of the procedures 
mentioned in point 5.1, and where these two stages will be carried out by different 
parties, an instrument which has undergone the first stage of the procedure shall bear 
the identification number of the notified body involved in that stage. 

(cid:208) 93/68/EEC Art. 8 pt. 7(c) 

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5.3.2.  The party which has carried out the first stage of the procedure shall issue for each of 
the  instruments  a  certificate  containing  the  necessary  data  for  identification  of  the 
instrument and specifying the examinations and tests that have been carried out. 

The party which carries out the second stage of the procedure shall carry out those 
examinations and tests that have not yet been carried out. 

The  manufacturer  or  his  authorised  representative  shall  ensure  that  he  is  able  to 
supply the notified body's certificates of conformity on request. 

5.3.3.  The  manufacturer  who  has  opted  for  the  EC  declaration  of  type  conformity 
(guarantee of production quality) in stage one may either use this same procedure in 
stage two or decide to continue in stage two with EC verification. 

(cid:208) 90/384/EEC 

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5.3.4.  The CE marking shall be affixed to the instrument on completion of the second stage, 
along  with  the  identification  number  of  the  notified  body  which  took  part  in  the 
second stage. 

(cid:208) 93/68/EEC Art. 8 pt. 7(d) 

_____________ 

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(cid:208) 90/384/EEC 

ANNEX III 

DESIGN DOCUMENTATION 

The  technical  documentation  must  render  the  design,  manufacture  and  operation  of  the 
product  intelligible  and  enable  an  assessment  to  be  made  of  its  conformity  with  the 
requirements of this Directive. 

The documentation shall include in so far as relevant for assessment: 

– 

– 

– 

– 

– 

– 

– 

a general description of the type; 

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

descriptions and explanations necessary for the understanding of the above, including 
the operation of the instrument; 

a list of the harmonised standards referred to in Article 6(1), applied in full or in part, 
and  descriptions  of  the  solutions  adopted  to  meet  the  essential  requirements  where 
the harmonised standards referred to in Article 6(1) have not been applied; 

results of design calculations made and of examinations, etc.; 

test reports; 

the  EC  type-approval  certificates  and  the  results  of  relevant  tests  on  instruments 
containing parts identical to those in the design. 

_____________ 

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(cid:208) 90/384/EEC (adapted) 

ANNEX IV 

⌦ CE CONFORMITY MARKING AND INSCRIPTIONS ⌫ 

1. 

Instruments subject to the EC conformity assessment procedure 

(cid:208) 90/384/EEC 

1.1. 

These instruments must bear: 

(a) 

– 

the  CE  conformity  marking  comprising  the  CE  symbol  as  described  in 
Annex VI, 

(cid:208) 93/68/EEC Art. 8 pt. 8(a) 

– 

the  identification  number(s)  of  the  notified  body/bodies  that  has/have 
carried out the EC surveillance or the EC verification. 

The  abovementioned  marking  and  inscriptions  shall  be  affixed  to  the 
instrument distinctly grouped together; 

(b) 

a green sticker at least 12,5 mm × 12,5 mm square bearing a capital letter ‘M’ 
printed in black; 

(cid:208) 90/384/EEC 

(c) 

the following inscriptions: 

– 

– 

– 

– 

– 

– 

– 

the number of the EC type-approval certificate, where appropriate, 

the manufacturer's mark or name, 

the accuracy class, enclosed in an oval or in two horizontal lines joined 
by two half circles, 

maximum capacity in the form Max …, 

minimum capacity in the form Min …, 

verification scale interval in the form e =, 

the last two digits of the year in which the CE conformity marking was 
affixed, 

(cid:208) 93/68/EEC Art. 8 pt. 8(b) 

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(cid:208) 90/384/EEC 
(cid:206)1 93/68/EEC Art. 8 pt. 1 

plus, when applicable: 

– 

– 

– 

– 

– 

– 

– 

– 

– 

serial number, 

for instruments consisting of separate but associated units: identification 
mark on each unit, 

scale interval if it is different from e, in the form d = …, 

maximum additive tare effect, in the form T = + …, 

maximum subtractive tare effect if it is different from Max, in the form 
T = − …, 

tare interval if it is different from d, in the form dT = …, 

maximum safe load if it is different from Max, in the form Lim …, 

the special temperature limits, in the form … °C/… °C, 

ratio between load recepter and load. 

1.2. 

The  instruments  shall  have  adequate  facilities  for  the  affixing  of  the  (cid:206)1 CE 
conformity  marking   and/or  inscriptions.  These  shall  be  such  that  it  shall  be 
impossible to remove the marking and inscriptions without damaging them, and that 
the  marking  and  inscriptions  shall  be  visible  when  the  instrument  is  in  its  regular 
operating position. 

1.3.  Where  a  data  plate  is  used  it  shall  be  possible  to  seal  the  plate  unless  it  cannot  be 
removed without being destroyed. If the data plate is sealable it shall be possible to 
apply a control mark to it. 

1.4. 

1.5. 

The inscriptions Max, Min, e, d, shall also be shown near the display of the result if 
they are not already located there. 

Each load measuring device which is connected or can be connected to one or more 
load receptors shall bear the relevant inscriptions relating to the said load receptors. 

2. 

Other instruments 

The other instruments must bear: 

– 

– 

the manufacturer's mark or name, 

maximum capacity in the form Max … 

These instruments may not bear the stickers provided for in point 1.1(b). 

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3. 

Restrictive use symbol specified in Article 13 

This  symbol  shall  be  constituted  by  a  capital  letter  ‘M’  printed  in  black  on  a  red 
background at least 25 mm × 25 mm square with two intersecting diagonals forming 
a cross. 

_____________ 

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(cid:208) 90/384/EEC 

ANNEX V 

THE MINIMUM CRITERIA TO BE APPLIED BY MEMBER STATES WHEN 
DESIGNATING BODIES FOR THE CARRYING – OUT OF TASKS PERTAINING 
TO THE PROCEDURES REFERRED TO IN ARTICLE 9 

1. 

2. 

3. 

4. 

5. 

The bodies shall dispose of the necessary personnel, means and equipment. 

The personnel shall have technical competence and professional integrity. 

The bodies shall work independently of all circles, groups or persons having direct or 
indirect interest in non-automatic weighing instruments regarding the carrying-out of 
the  tests,  the  preparation  of  the  reports,  the  issuing  of  the  certificates  and  the 
surveillance requested by this Directive. 

The personnel shall respect the professional secret. 

The bodies shall have taken out a civil liability insurance if their civil liability is not 
covered by the State under national law. 

The  fulfilment  of  the  conditions  under  points  1  and  2  shall  be  periodically  verified  by  the 
Member States. 

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(cid:208) 93/68/EEC Art. 8 pt. 9 
(adapted) 

ANNEX VI 

CE CONFORMITY MARKING 

– 

The  CE  conformity  marking  shall  consist  of  the  initials  ‘CE’  taking  the  following 
form: 

(cid:208) 93/68/EEC Art. 8 pt. 9 

– 

– 

If  the  CE  marking  is  reduced  or  enlarged  the  proportions  given  in  the  above 
graduated drawing must be respected. 

The various components of the CE conformity marking must have substantially the 
same vertical dimension, which may not be less than 5 mm. 

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(cid:207) 

ANNEX VII 

Part A 

Repealed Directive with its amendment 
(referred to in Article 17) 

Council Directive 90/384/EEC 
(OJ L 189, 20.7.1990, p. 1) 

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

Article 1 pt. 7 and Article 8 only 

Part B 

List of time-limits for transposition into national law and application 
(referred to in Article 17) 

Directive 

Time-limit for transposition 

Date of application 

90/384/EEC 

93/68/EEC 

30 June 1992 

30 June 1994 

1 January 19931 

1 January 19952 

_____________ 

1 

2 

In accordance with Article 15(3) of Directive 90/384/EEC Member States shall permit during a period 
of  10  years  from  the  date  on  which  they  apply  the  provisions  of  that  Directive,  the  placing  on  the 
market  and/or  putting  into  service  of  instruments  which  conform  to  the  rules  in  force  before 
1 January 1993. 
In accordance with Article 14(2) of Directive 93/68/EEC: “Until 1 January 1997, Member States shall 
allow  the  placing  on  the  market  and  the  bringing  into  service  of  products  which  comply  with  the 
marking arrangements in force before 1 January 1995”. 

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ANNEX VIII 

CORRELATION TABLE 

Directive 90/384/EEC 

This Directive 

Article 1(1), first subparagraph 

Article 2, point (1) 

Article 1(1), second subparagraph 

Article 2, point (2) 

Recital 5, last sentence 

Article 2, point (3) 

Article 1(1), third subparagraph 

Article 1(1) 

Article 1(2), introductory wording 

Article 1(2), introductory wording 

Article 1(2)(a)(1) 

Article 1(2)(a)(2) 

Article 1(2)(a)(3) 

Article 1(2)(a)(4) 

Article 1(2)(a)(5) 

Article 1(2)(a)(6) 

Article 1(2)(b) 

Article 2 

Article 3 

Article 4 

Article 5 

Article 1(2), point (1)(a) 

Article 1(2), point (1)(b) 

Article 1(2), point (1)(c) 

Article 1(2), point (1)(d) 

Article 1(2), point (1)(e) 

Article 1(2), point (1)(f) 

Article 1(2), point (2) 

Article 3 

Article 4 

Article 5 

Article 6 

Article 6, first paragraph, first sentence 

Article 7, first paragraph 

Article 6, first paragraph, second sentence 

Article 7, second paragraph 

Article 6, second paragraph 

Article 7, third paragraph 

Article 7 

Article 8 

Article 8(1) and (2) 

Article 9(1) and (2) 

Article 8(3)(a) 

Article 8(3)(b) 

Article 9(3), first subparagraph 

Article 9(3), second subparagraph 

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Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 10 

Article 11 

Article 12 

Article 13 

Article 14 

Article 14, first sentence 

Article 15, first paragraph 

Article 14, second sentence 

Article 15, second paragraph 

Article 15(1) to (3) 

Article 15(4) 

Article 15(5) 

- 

- 

Article 16 

Annexes I to VI  

- 

- 

- 

Article 16 

- 

Article 17 

Article 18 

Article 19 

Annexes I to VI 

Annex VII 

Annex VIII 

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