Proposal for a Directive of the European Parliament and of the Council relating to common provisions for both measuring instruments and methods of metrological control (Recast)
Date: 2008-06-13
Institutions: European Commission
Subjects: EC conformity marking, approximation of laws, measuring equipment, metrology

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 13.6.2008 
COM(2008) 357 final 

2008/0123 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to common provisions for both measuring instruments and methods of 
metrological control 

(Recast) 

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EXPLANATORY MEMORANDUM 

On 1 April 1987 the Commission 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 codification of Directive 71/316/EEC of 26 July 1971 on the approximation of 
the  laws  of  the  Member  States  relating  to  common  provisions  for  both  measuring 
instruments  and  methods  of  metrological  control2  has  been  initiated  by  the 
Commission.  The  new  Directive  was  to  have  superseded  the  various  acts 
incorporated in it3. 

In  the  meantime  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the 
procedures for the exercise of implementing powers conferred on the Commission4 
has  been  amended  by  Decision  2006/512/EC,  which  introduced  a  regulatory 
procedure  with  scrutiny  for  measures  of  general  scope  designed  to  amend  non-
essential  elements  of  a  basic  instrument  adopted  in  accordance  with  the  procedure 
referred to in Article 251 of the Treaty, including by deleting some of those elements 
or by supplementing the instrument by the addition of new non-essential elements.  

In accordance with the joint statement of the European Parliament, the Council and 
the Commission5 on Decision 2006/512/EC, for this new procedure to be applicable 
to instruments adopted in accordance with the procedure laid down in Article 251 of 
the  Treaty  which  are  already  in  force,  those  instruments  must  be  adjusted  in 
accordance with the applicable procedures.  

It is therefore appropriate to transform the codification of Directive 71/316/EEC into 
a recast in order to incorporate the amendments necessary for the adjustment to the 
regulatory procedure with scrutiny. 

COM(87) 868 PV: 
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 III, Part A, of this proposal. 
OJ  L  184,  17.7.1999,  p.  23.  Decision  as  amended  by  Decision  2006/512/EC  (OJ  L  200,  22.7.2006, 
p. 11). 
OJ C 255, 21.10.2006, p. 1. 

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4. 

5. 

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(cid:208) 71/316/EEC (adapted) 

2008/0123 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

relating to common provisions for both measuring instruments and methods of 
metrological control 

(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 Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty3, 

Whereas: 

(cid:216) new 

Council Directive 71/316/EEC of 26 July 1971 on the approximation of the laws of the 
Member  States  relating  to  common  provisions  for  both  measuring  instruments  and 
methods of metrological control4 has been substantially amended several times5. In the 
interests of clarity and rationality the said Directive should be codified. 

(cid:208) 71/316/EEC Recital 1 

In each Member State, mandatory provisions determine the technical characteristics of 
measuring  instruments  and  the  methods  of  metrological  control.  Those  requirements 
differ  from  one  Member  State  to  another.  Those  differences  hinder  trade  and  may 
create unequal conditions of competition within the Community. 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C[…], […], p. […]. 
OJ L 202, 6.9.1971, p. 1. Directive as last amended by Commission Directive 2007/13/EC (OJ L 73, 
13.3.2007, p. 10). 
See Annex III, Part A. 

(1) 

(2) 

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(3) 

(4) 

(5) 

(cid:208) 71/316/EEC Recital 2  

One of the objects of controls in each Member State is to give assurance to customers 
that  quantities  delivered  correspond  to  the  price  paid.  Consequently  the  aim  of  this 
Directive is not to abolish these controls but to eliminate differences between rules in 
so far as these constitute a hindrance to trade. 

(cid:208) 71/316/EEC Recital 3 (adapted) 

Those hindrances to the functioning of the ⌦ internal ⌫ market can be reduced and 
eliminated if the same requirements apply in Member States, initially complementing 
national provisions in force and later, when the necessary conditions  exist, replacing 
those provisions. 

(cid:208) 71/316/EEC Recital 4  

Even  during  the  period  when  they  coexist  with  national  provisions,  the  Community 
requirements will enable firms to manufacture products which have uniform technical 
characteristics  and  can  therefore  be  marketed  and  used  throughout  the  Community 
after they have undergone EC controls. 

(6) 

Community  technical  requirements  for  design  and  functioning  should  ensure  that 
instruments  continuously  give  measurements  that  are  sufficiently  accurate  for  their 
intended purpose. 

(cid:208) 71/316/EEC Recital 5 

(cid:208) 71/316/EEC Recital 6 

(7) 

Compliance  with  technical  requirements  is  usually  confirmed  by  Member  States 
before measuring instruments are placed on the market or used for the first time, and 
where  appropriate  when  they  are  in  service,  such  confirmation  being  carried  out  in 
particular  by  means  of  pattern  approval  and  verification  procedures.  In  order  to 
achieve  free  movement  of  these  instruments  within  the  Community,  it  is  also 
necessary to provide for mutual recognition of controls among Member States and to 
establish  appropriate  EC  pattern  approval  and  initial  verification  procedures  for  this 
purpose  as  well  as  EC  methods  of  metrological  control  in  accordance  with  this 
Directive and with the relevant separate directives. 

(cid:208) 71/316/EEC Recital 7 

(8) 

The presence, on a measuring instrument or a product, of signs or marks showing that 
it  has  undergone  the  appropriate  controls  indicates  that  such  instrument  or  product 
satisfies  the  relevant  technical  requirements  of  the  Community,  and  therefore  that 
when the instrument or product is imported or put into operation it is unnecessary to 
repeat the controls which have already been carried out. 

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(cid:208) 71/316/EEC Recital 8 (adapted) 

(9) 

National metrological rules cover numerous categories of measuring instruments and 
products. This Directive should lay down the general provisions dealing, in particular, 
with EC pattern approval and initial verification procedures, as well as EC methods of 
metrological  control.  Implementing  directives  covering  the  various  categories  of 
instruments  and  products  will  lay  down  the  technical  requirements  as  to  design, 
functioning and accuracy, ⌦ and ⌫ the control procedures. 

(cid:216) new 

(10)  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 for the exercise of implementing powers conferred on the Commission6. 

(11)  Power should be conferred on the Commission in particular to amend Annexes I and II 
to this Directive and the Annexes to the separate Directives. Since those measures are 
of  general  scope  and  are  designed  to  amend  non-essential  elements  of  this  Directive 
and the separate Directives, they should be adopted in accordance with the regulatory 
procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. 

(12)  The  new  elements  introduced  into  this  Directive  only  concern  the  committee 
procedures. They therefore do not need to be transposed by the Member States. 

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

HAVE ADOPTED THIS DIRECTIVE: 

(cid:208) 71/316/EEC  

CHAPTER I 

Basic principles 

(cid:208) 83/575/EEC Art. 1 pt. 1 
(adapted) 

Article 1 

1. This Directive ⌦ shall apply ⌫ to: 

(a) 

instruments ⌦ as defined in paragraph 2 ⌫; 

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OJ L 184, 17.7.1999, p. 23. Decision amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). 

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(b) 

(c) 

units  of  measurement,  the  harmonisation  of  methods  of  measurement  and 
metrological  control  and,  where  appropriate,  the  means  required  for  application  of 
such methods; 

the  prescription,  methods  of  measurement,  metrological  control  and  marking  of 
quantities of pre-packaged products. 

⌦ 2.  For  the  purpose  of  this  Directive,  “instruments”  shall  mean  measuring  instruments, 
components of measuring instruments, additional devices and measurement equipment. ⌫ 

3. No Member State may, on the basis of this Directive and the separate directives relating to 
it,  prevent,  prohibit,  or  restrict  the  placing  on  the  market  and/or  entry  into  service  of  an 
instrument if that instrument bears EC marks and/or signs in accordance with the conditions 
laid  down  by  this  Directive  and  by  the  separate  directives  relating  to  the  instrument  in 
question. 

4. Member States shall attach the same value to EC pattern approval and initial verification as 
to the corresponding national measures. 

5. The separate directives concerning the subjects referred to in paragraph 1 shall specify in 
particular,  measurement  procedures  and  characteristics  and  technical  ⌦ construction  and 
functioning ⌫ requirements.  

6. ⌦ The separate directives ⌫ may fix the date on which the existing national provisions 
are to be replaced by Community provisions. 

(cid:208) 71/316/EEC 

CHAPTER II 

EC pattern approval 

(cid:208) 83/575/EEC Art. 1 pt. 2 
(adapted) 

Article 2 

1.  Member  States  shall  grant  EC  pattern  approval  in  accordance  with  the  provisions  of  this 
Directive and of the relevant separate directives. 

2.  EC  pattern  approval  of  instruments  ⌦ shall  constitute ⌫  their  admission  to  EC  initial 
verification and, where the latter is not required, the authorisation to place them on the market 
and/or  to  put  them  into  service.  If  the  separate  directive(s)  applicable  to  a  category  of 
instruments  exempt(s)  that  category  from  EC  pattern  approval,  the  instruments  in  that 
category shall be admitted directly to EC initial verification. 

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3. If their inspection equipment so permits, Member States shall grant EC pattern approval for 
every instrument which satisfies the requirements laid down in this Directive and the separate 
directives relating to the instrument in question. 

4.  An  application  for  EC  pattern  approval  may  be  made  only  by  the  manufacturer  or  his 
representative  established  within  the  Community.  For  one  and  the  same  instrument, 
application may be made in one Member State only. 

5. A Member State which has granted EC pattern approval shall take the necessary steps to 
ensure that it is kept informed of any modification or addition to the approved pattern. It shall 
inform the other Member States of such alterations. 

Modifications  or  additions  to  an  approved  pattern  must  receive  additional  pattern  approval 
from the Member State which granted EC pattern approval, where such changes influence or 
might influence measurement results or the prescribed conditions for use of the instrument. 

However,  in  the  case  of  a  modified  pattern,  a  new  EC  pattern  approval  shall  be  granted 
instead of an addition to the original EC pattern approval certificate, if the pattern is modified 
after  the  provisions  of  this  Directive  or  of  the  relevant ⌦ separate ⌫  directive  have  been 
amended or adapted in such a way that the modified pattern could be approved only pursuant 
to the new provisions. 

(cid:208) 71/316/EEC 

Article 3 

When EC pattern approval is granted for ancillary equipment, this approval shall specify: 

(a) 

(b) 

the  patterns  of  instrument  to  which  this  equipment  may  be  attached  or  in  which  it 
may be incorporated; 

the  general  conditions  for  the  overall  functioning  of  the  instruments  for  which  it  is 
approved. 

(cid:208) 83/575/EEC Art. 1 pt. 3 

Article 4 

When  an  instrument  has  successfully  completed  the  EC  pattern  approval  examination  laid 
down  in  this  Directive  and  in  the  separate  directives  relating  to  it,  the  Member  State  which 
carried out that examination shall draw up an EC pattern approval certificate. 

That Member State shall forward it to the applicant.  

In the cases provided for in Article 11 or in a separate directive, the applicant must, and in all 
other  cases  he  may,  affix  or  cause  to  be  affixed  on  each  instrument  conforming  to  the 
approved pattern the EC approval sign shown in the certificate. 

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(cid:208) 83/575/EEC Art. 1 pt. 4 
(adapted) 

Article 5 

1. EC pattern approval shall be valid for 10 years. It may be extended for successive periods 
of 10 years. The number of instruments which may be manufactured in accordance with the 
approved pattern shall not be limited. 

EC pattern approvals granted on the basis of the provisions of this Directive and of a separate 
directive may not be extended after the date of the entry into force of any amendment to, or 
adaptation of, these Community provisions, in cases where such EC pattern approvals could 
not have been granted on the basis of the new provisions. 

When EC pattern approval is not extended, that approval shall nevertheless continue to apply 
to instruments already in service. 

2. Where use is made of new techniques not provided for in a separate directive, EC pattern 
approval  with  limited  effect  may  be  granted,  after  prior  consultation  of  the  other  Member 
States. 

It may include the following restrictions: 

(a) 

(b) 

(c) 

(d) 

limit on the number of instruments which may be covered by the approval; 

obligation to notify the competent authorities of the places of installation; 

restrictions on use; 

special restrictions concerning the technique used. 

However, it may not be granted unless: 

(a) 

(b) 

the separate directive for that category of instruments has come into force; 

no derogation has been made from the maximum permissible errors laid down in the 
separate directives. 

The period of validity of such approval shall not exceed two years. It may be extended by up 
to three years at most. 

3.  The  Member  State  which  has  granted  the  limited  EC  pattern  approval  referred  to  in 
paragraph 2 shall apply for adjustment to technical progress of Annexes ⌦ I and II ⌫ to this 
Directive, where appropriate, and of the separate directives, in accordance with the procedure 
⌦ referred to ⌫ in Article 17(2), as soon as it considers that a new technique has proved to 
be satisfactory. 

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(cid:208) 71/316/EEC (adapted) 
(cid:206)1 83/575/EEC Art. 1, pt. 6(a) 

Article 6 

When  EC  pattern  approval  is  not  required  for  a  category  of  instruments  which  meets  the 
requirements of a separate directive, the manufacturer may, on his own responsibility, affix to 
the instruments in this category the special sign described in ⌦ point ⌫ 3.3 of Annex I. 

Article 7 

1. The Member State which has granted EC pattern approval may withdraw it: 

(a) 

(b) 

if instruments for which this approval was granted do not conform to the approved 
pattern or to the provisions of the relevant separate directive; 

if  the  metrological  requirements  specified  in  the  certificate  of  approval  or  the 
provisions of (cid:206)1 Article 5(2)  are not met; 

(c) 

if it ascertains that approval was granted in an improper manner. 

(cid:208) 83/575/EEC Art. 1, pt. 6(b) 

2.  The  Member  State  which  has  granted  EC  pattern  approval  must  withdraw  it  if  the 
instruments  constructed  according  to  an  approved  pattern  reveal  in  service  a  defect  of  a 
general nature which makes them unsuitable for their intended use. 

(cid:208) 71/316/EEC 

3. If the Member State ⌦ which granted an EC pattern approval ⌫ is informed by another 
Member State of the occurrence of one of the cases covered by paragraphs 1 and 2, it shall 
likewise take the measures provided for in those paragraphs, after consulting with that other 
Member State. 

(cid:208) 71/316/EEC (adapted) 

(cid:208) 71/316/EEC 

4. The Member State which declares that the case referred to in paragraph 2 has arisen may 
forbid the placing on the market and putting into service of the instruments concerned until 
further notice.  

It shall immediately inform the other Member States and the Commission, stating the reasons 
on which its decision is based.  

The  same  procedure  shall  apply  in  the  cases  mentioned  in  paragraph  1,  with  respect  to 
instruments which have been exempted from EC initial verification, if the manufacturer, after 

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due  warning,  does  not  bring  the  instruments  into  line  with  the  approved  pattern  or  with  the 
requirements of the relevant separate directive. 

5. If the Member State which granted the EC pattern approval disputes that the case referred 
to in paragraph 2 of which it has been informed has arisen, or disputes that the measures taken 
in  pursuance  of  paragraph  4  are  justified,  the  Member  States  concerned  shall  endeavour  to 
settle the dispute. 

The  Commission  shall  be  kept  informed  and  shall,  where  necessary,  hold  appropriate 
consultations for the purpose of reaching a settlement. 

CHAPTER III 

Initial verification 

Article 8 

(cid:208) 83/575/EEC Art. 1, pt. 7(a) 
(adapted) 

1. EC initial verification constitutes the examination of a new or reconditioned instrument and 
the confirmation of its conformity to the approved pattern and/or to the requirements of this 
Directive  and  the  separate directives relating to the instrument  in question. It is certified by 
the EC initial verification mark. 

⌦ 2. ⌫ EC initial verification of instruments may be carried out by a method other than unit 
checking  in  the  cases  specified  in  the  separate  directives  and  in  accordance  with  the 
procedures adopted. 

(cid:208) 71/316/EEC 
(cid:206)1 83/575/EEC Art. 1, pt. 7(b) 

3. If they have the requisite equipment, Member States shall carry out EC initial verification 
of  instruments  submitted  as  having  the  measurement  characteristics  and  satisfying  the 
technical  construction  and  functioning  requirements  laid  down  by  the  separate  directive  on 
this category of instruments. 

4. In the case of instruments bearing the EC initial verification mark, the obligation imposed 
on Member States by (cid:206)1 Article 1(3)  shall last until the end of the year following that in 
which the EC initial verification mark was affixed, unless separate directives make provision 
for a longer period. 

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(cid:208) 83/575/EEC Art. 1, pt. 8  

Article 9 

1. When an instrument is submitted for EC initial verification, the Member State carrying out 
the examination shall determine: 

(a) 

(b) 

whether the instrument belongs to a category exempt from EC pattern approval and, 
if so, whether it satisfies the technical construction and functioning requirements laid 
down by the separate directives relating to that instrument; 

whether  the  instrument  has  received  EC  pattern  approval  and,  if  so,  whether  it 
conforms  to  the  approved  pattern,  and  to  the  separate  directives  relating  to  that 
instrument, in force on the date of issue of this EC pattern approval. 

2.  The  examination  carried  out  in  EC  initial  verification  relates  in  particular,  in  accordance 
with the separate directives, to: 

(a) 

(b) 

(c) 

(d) 

the metrological characteristics;, 

the maximum permissible errors;, 

the construction, in so far as this guarantees that the measurement characteristics are 
not likely to deteriorate to any great extent under normal conditions of use;, 

the presence of prescribed inscriptions and stamp plates or provisions for EC initial 
verification marking. 

(cid:208) 83/575/EEC Art. 1, pt. 9 
(adapted) 

Article 10 

When  an  instrument  has  successfully  undergone  EC  initial  verification,  in  accordance  with 
the  requirements  of  this  Directive  and  of  the  separate  directives,  the  EC  partial  or  final 
verification  marks  described  in  Annex  II, ⌦ point  3 ⌫  shall  be  affixed  to  that  instrument 
under the responsibility of the Member State in accordance with the rules laid down in that 
⌦ point ⌫. 

(cid:208) 71/316/EEC (adapted) 

Article 11 

When  EC  initial  verification  is  not  required  for  a  category  of  instruments  which  meet  the 
requirements of a separate directive, the manufacturer shall, on his own responsibility, affix to 
the instruments in that category the special symbol described in ⌦point ⌫ 3.4 of Annex I. 

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CHAPTER IV 

Provisions for both EC pattern approval and EC initial 
verification 

Member States shall take all necessary measures to prevent the use on instruments of marks 
or inscriptions liable to be confused with the EC signs or marks. 

Article 12 

(cid:208) 83/575/EEC Art. 1, pt. 10 
(adapted) 

Article 13 

Each Member State shall notify the other Member States and the Commission of the services, 
agencies and institutes which are duly authorised to carry out the examinations ⌦ provided 
for ⌫  in  this  Directive  and  in  the  separate  directives,  to  issue  the  EC  pattern  approval 
certificates and to affix the EC initial verification marks. 

(cid:208) 71/316/EEC 

Article 14 

Member  States  may  require  that  the  prescribed  inscriptions  be  drawn  up  in  their  official 
language or languages. 

CHAPTER V 

Control of instruments in service 

(cid:208) 83/575/EEC Art. 1, pt. 11 

Article 15 

The separate directives shall specify the control requirements for instruments in service which 
bear EC signs or marks and in particular the maximum errors permitted in service. If national 
provisions  on  instruments  which  do  not  bear  EC  signs  or  marks  lay  down  less  stringent 
requirements, the latter may serve as criteria for the controls. 

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(cid:208) 83/575/EEC Art. 1, pt. 12 
(adapted) 
(cid:214) new 

CHAPTER VI 

Adjustment of directives to technical progress 

Article 16 

The amendments necessary for adjusting to technical progress Annexes ⌦ I and II ⌫ to this 
Directive and the Annexes to the separate directives referred to in Article 1 shall be adopted 
(cid:214) by  the  Commission.  Those  measures,  designed  to  amend  non-essential  elements  of  those 
directives, shall be adopted in accordance with the regulatory procedure with scrutiny referred 
to in Article 17(2).  .in accordance with the procedure laid down in Article 18 

However,  this  procedure  shall  not  apply  to  the  chapter  relating  to  imperial  units  of 
measurement  of  the  Annex  to  the  Directive  on  units  of  measurement  and  the  Annexes, 
concerning  quantity  ranges  for  pre-packed  quantities  of  products,  to  the  directives  on  pre-
packed products. 

Article 17 

(cid:208) 807/2003 Art. 3 and Annex III 
pt. 5 
(cid:214) new 

1. The Commission shall be assisted by the Committee for Adjustment to Technical Progress 
of the Directives referred to in Article 16. 

(cid:214) 2.  Where  reference  is  made  to  this  paragraph,  Article  5a(1)  to  (4),  and  Article  7  of 
Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.  

2.  Where  reference  is  made  to  this  Article,  Articles  5  and  7  of  Decision  1999/468/EC  shall 
apply. 

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

3. 

The Committee shall adopt its rules of procedure. 

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(cid:208) 83/575/EEC Art. 1, pt. 13 

CHAPTER VII 

(cid:208) 71/316/EEC 

Final provisions 

(cid:208) 71/316/EEC (adapted) 
(cid:206)1 83/575/EEC Art. 1, pt. 13 
(cid:206)2 83/575/EEC Art. 1, pt. 14 

Article(cid:206)1 18  

All decisions taken pursuant to the provisions adopted in implementation of this Directive and 
of the separate directives on the instruments in question and refusing to grant or extend EC 
pattern approval, withdrawing such approval, refusing to carry out EC initial verification or 
(cid:206)2 prohibiting placing on the market or entry into service  shall state the reasons on which 
they  are  based.  Such  refusal,  withdrawal  or  prohibition  shall  be  notified  to  the  party 
concerned, who shall at the same time be informed of the remedies available to him under the 
laws  in  force  in  the  Member  States  and  of  the  time  limits  allowed  for  the  exercise  of  such 
remedies. 

Article (cid:206)1 19  

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

(cid:208)  

Article 20 

Directive 71/316/EEC, as amended by the acts listed in Annex III, Part A, is repealed, without 
prejudice to the obligations of the Member States relating to the time-limits for transposition 
into national law of the directives set out in Annex III, 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 IV. 

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

Article 21 

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(cid:208) 71/316/EEC 
(cid:206)1 83/575/EEC Art. 1, pt. 13 

Article (cid:206)1 22  

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) 71/316/EEC (adapted) 

ANNEX I 

EC PATTERN APPROVAL 

1. 

Application for EC approval 

1.1. 

The application and the correspondence relating to it shall be drawn up in an official 
language in accordance with the laws of the Member State to which the application is 
made. The Member State has the right to require ⌦ that ⌫ the annexed documents 
should also be written in the same official language. 

The  applicant  shall  send  simultaneously  to  all  Member  States  a  copy  of  his 
application. 

1.2. 

The application shall contain the following information: 

(a) 

the name and address of the manufacturer or the firm, or of his or its authorised 
representative or of the applicant;, 

(b) 

the category of instrument;, 

(c) 

the intended use;, 

(d) 

the measurement characteristics;, 

(e) 

the commercial designation if any, or the type. 

1.3. 

The application shall be accompanied by the documents necessary for its evaluation, 
in duplicate, and in particular: 

1.3.1. A description in particular of: 

(a) 

the construction and operation of the instrument;, 

(b) 

the protecting arrangements ensuring correct working;, 

(c) 

the devices for regulation and adjustment;, 

(d) 

the intended locations for: 

– 

– 

verification marks 

seals (where applicable). 

1.3.2.  General  arrangement  drawings  and,  where  necessary,  detailed  drawings  of 

important components. 

1.3.3.  A  schematic  drawing  illustrating  the  principles  of  operation  and,  where 

necessary, a photograph. 

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1.4. 

The application shall be accompanied, where appropriate, by documents relevant to 
the national approvals already granted. 

2. 

Examination for EC approval 

2.1 

The examination shall comprise: 

2.1.1. Study of the documents and an examination of the measurement characteristics 
of  the  pattern  in  the  laboratories  of  the  metrological  service,  in  approved 
laboratories or at the place of manufacture, delivery or installation. 

2.1.2. If the measurement characteristics of the pattern are known in detail, only an 

examination of the documents submitted. 

The examination shall cover the entire performance of the instrument under normal 
conditions  of  use.  Under  such  conditions,  this  instrument  must  maintain  the 
measurement characteristics required. 

The  nature  and  scope  of  the  examination  mentioned  in  ⌦ point ⌫  2.1  may  be 
specified by separate directives. 

The metrological service may require the applicant to put at its disposal the standards 
and the appropriate means in material and assisting personnel for the performance of 
the approval tests. 

2.2 

2.3. 

2.4. 

3. 

EC certificate and sign of approval 

3.1. 

The  certificate  shall  give  the  results  of  the  examination  of  the  pattern  and  shall 
specify the other requirements which must be complied with. It shall be accompanied 
by  descriptions,  drawings  and  diagrams  necessary  to  identify  the  pattern  and  to 
explain  its  functioning.  The  sign  of  approval  provided  for  in  Article  4  shall  be  a 
stylised letter ε containing: 

(cid:208) 1972 Act of Accession Art. 29 
and Annex I, p. 118 
(cid:206)1 1985 Act of Accession Art. 26 
and Annex I, p. 212 
(cid:206)2 87/354/EEC Art. 1 and 
Annex 4 
(cid:206)3 1994 Act of Accession Art. 29 
and Annex I, p. 211 
(cid:206)4 2003 Act of Accession Art. 20 
and Annex II, p. 64 
(cid:206)5 2006/96/EC Art. 1 and Annex, 
pt. B.1 

– 

in  the  upper  part,  the  distinguishing  capital  letter  of  the  Member  State  which 
granted  the  approval  (cid:206)1 (B  for  Belgium,   (cid:206)5 BG  for  Bulgaria,  
(cid:206)4 CZ for  the  Czech  Republic,  (cid:206)1 DK  for  Denmark,  D  for  Germany,  
(cid:206)4 EST  for  Estonia,   (cid:206)1 IRL  for  Ireland,   (cid:206)2 EL  for  Greece,  
(cid:206)1 E for Spain, F for France, I for Italy,  (cid:206)4 CY for Cyprus, LV for Latvia, 

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LT  for  Lithuania,   (cid:206)1 L  for  Luxembourg,   (cid:206)4 H  for  Hungary,  M for 
Malta,   (cid:206)1 NL  for  Netherlands,   (cid:206)3 A  for  Austria,   (cid:206)4 PL  for 
Poland,  (cid:206)1 P for Portugal,  (cid:206)5 RO for Romania,  (cid:206)4 SI for Slovenia, 
SK  for  Slovakia,   (cid:206)3 FI  for  Finland, S  for  Sweden,   (cid:206)1 UK  for  the 
United Kingdom)  and the last two digits of the year of approval. 

(cid:208) 71/316/EEC (adapted) 

– 

in  the  lower  part,  a  designation  to  be  determined  by  the  metrological  service 
which granted approval (an identification number). 

An example of this approval sign is shown in ⌦ point ⌫ 6.1. 

3.2. 

In the case of EC limited approval, the letter P, having the same dimensions as the 
stylised letter ε, shall be placed before this letter. 

An example of this limited approval sign is shown in ⌦ point ⌫ 6.2. 

(cid:208) 83/575/EEC Art. 1, pt. 5 
(adapted) 

3.3. 

The sign mentioned in Article 6 is the same as the EC approval sign, except that the 
stylised  letter  E  is  reversed  symmetrically  about  a  vertical  axis  and  bears  no  other 
indication unless the separate directives stipulate otherwise. 

An example of this sign is shown in ⌦ point ⌫ 6.3. 

3.4. 

The sign mentioned in Article 11 is the same as the EC approval sign in a hexagon. 

(cid:208) 71/316/EEC (adapted) 

An example of this sign is shown in ⌦ point ⌫ 6.4. 

3.5. 

The  signs  mentioned  in  points  3.1  to  3.4  and  affixed  by  the  manufacturer  in 
accordance with the provisions of this Directive must be affixed at a visible point of 
each instrument and all ancillary equipment submitted for verification, and must be 
legible  and  indelible.  If  their  affixation  presents  technical  difficulties,  exceptions 
may  be  made  in  separate  directives  or  accepted  after  agreement  among  the 
metrological services of Member States has been reached. 

4. 

Depositing of a sample instrument 

In the cases mentioned by separate directives, the service which granted the approval 
may,  if  it  considers  this  necessary,  request  the  deposition  of  the  sample  instrument 
for which approval has been granted. Instead of this sample instrument, the service 
may  authorise  the  depositing  of  parts  of  the  instrument,  of  scale  models  or  of 
drawings, and will mention this on the EC certificate of approval. 

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5. 

5.1 

Announcement of approval 

At the  same time as the party concerned is notified, copies of the EC certificate of 
approval shall be sent to the Commission and to the other Member States; the latter 
can also obtain copies of the reports of the metrological examinations if they wish. 

(cid:208) 71/316/EEC (adapted) 

5.2.  Withdrawal of EC pattern approval and other communications concerning the extent 
and  validity  of  EC  pattern  approval  shall  also  be  subject  to  the  announcement 
procedure mentioned in ⌦ point 5.1 ⌫. 

5.3. 

A  Member  State  which  refuses  to  grant  EC  pattern  approval  shall  inform  the  other 
Member States and the Commission of its decision. 

6. 

Signs relative to EC pattern approval 

6.1. 

Sign of EC pattern approval 

Example: 

EC pattern approval granted 
by the Metrological Service of 
Germany in 1971 (see 
⌦ point ⌫ 3.1 first indent) 

Identification number of the 
EC pattern approval (see 
⌦ point ⌫ 3.1 second 
indent) 

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6.2. 

Sign of EC limited pattern approval (see ⌦ point ⌫ 3.2) 

Example: 

EC limited pattern approval 
granted by the Metrological 
Service of Germany in 1971. 

Identification number of the 
EC limited pattern approval 

(cid:208) 83/575/EEC Art. 1, pt. 5 
(adapted) 

6.3. 

Sign of exemption from ECEEC pattern approval(see ⌦ point ⌫ 3.3) 

Example:  

6.4. 

Sign  of  EC  pattern  approval  for  instruments  exempt  from  EC  initial  verification 
(see ⌦ point ⌫ 3.4) 

(cid:208) 71/316/EEC (adapted) 

Example: 

EC pattern approval granted by 
the Metrological Service of 
Germany in 1971. 

Identification number of the EC 
pattern approval. 

_____________ 

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ANNEX II 

EC INITIAL VERIFICATION 

1. 

GENERAL POINTS 

1.1. 

The EC initial verification may be carried out in one or more stages (usually two). 

1.2. 

Subject to the provisions of the separate directives: 

1.2.1.  The  EC  initial  verification  shall  be  carried  out  in  one  stage  on  instruments 
which  constitute  a  whole  on  leaving  the  factory,  that  is  to  say  instruments 
which,  theoretically,  can  be  transferred  to  their  place  of  installation  without 
first having to be dismantled. 

1.2.2.  The  EC  initial  verification  shall  be  carried  out  in  two  or  more  stages  for 
instruments whose correct functioning depends on the conditions in which they 
are installed or used. 

1.2.3. The first stage of the verification procedure must ensure, in particular, that the 
instrument conforms to the approved EC pattern or, in the case of instruments 
exempt from pattern approval, that they conform to the relevant provisions. 

2. 

PLACE OF THE EC INITIAL VERIFICATION 

2.1. 

If the separate directives do not specify the place where verification is to be carried 
out, instruments which have to be verified in only one stage shall be verified at the 
place chosen by the metrological service concerned. 

2.2. 

Instruments which have to be verified in two or more stages shall be verified by the 
metrological service territorially competent. 

2.2.1. The last stage of verification must be carried out at the place of installation. 

2.2.2. The other verification stages of verification shall be carried out as laid down in 

⌦ point ⌫ 2.1. 

2.3. 

In particular, when the verification takes place outside the office of verification the 
metrological service carrying out the verification may require the applicant: 

– 

– 

to  put  at  its  disposal  the  standards  and  the  appropriate  means  in  material  and 
assisting personnel for the performance of the verification. 

to provide a copy of the EC certificate of approval. 

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3. 

EC INITIAL VERIFICATION MARKS 

3.1. 

Description of EC initial verification marks. 

3.1.1.  Subject  to  the  provisions  of  separate  directives,  EC  initial  verification  marks 
which are affixed in accordance with ⌦ point ⌫ 3.3 shall be as follows: 

3.1.1.1. The final EC verification mark shall be composed of two stamps: 

(a) 

the first consists of a letter "e" containing: 

(cid:208) 1972 Act of Accession Art. 29 
and Annex I, p. 118 
(cid:206)1 1985 Act of Accession Art. 26 
and Annex I, p. 212 
(cid:206)2 87/354/EEC Art. 1 and 
Annex 4 
(cid:206)3 1994 Act of Accession Art. 29 
and Annex I, p. 211 
(cid:206)4 2003 Act of Accession Art. 20 
and Annex II, p. 64 
(cid:206)5 2006/96/EC Art. 1 and Annex, 
pt. B.1 

– 

in  the  upper  half,  the  distinguishing  capital  letter  of  the 
Member  State  where  the  original  check  is  carried  out 
(cid:206)1 (B for  Belgium,   (cid:206)5 BG  for  Bulgaria,   (cid:206)4 CZ for 
the  Czech  Republic,   (cid:206)1 DK  for  Denmark,  D  for 
Germany,  (cid:206)4 EST for Estonia,  (cid:206)1 IRL for Ireland,  
(cid:206)2 EL  for  Greece,   (cid:206)1 E for  Spain,  F  for  France,  I  for 
Italy,   (cid:206)4 CY  for  Cyprus,  LV  for  Latvia,  LT  for 
Lithuania,  (cid:206)1 L for Luxembourg,  (cid:206)4 H for Hungary, 
M for  Malta,   (cid:206)1 NL  for  Netherlands,   (cid:206)3 A  for 
Austria,   (cid:206)4 PL  for  Poland,   (cid:206)1 P for  Portugal,  
(cid:206)5 RO  for  Romania,   (cid:206)4 SI  for  Slovenia,  SK  for 
Slovakia,  (cid:206)3 FI for Finland, S for Sweden,  (cid:206)1 UK for 
the United Kingdom)  together, where necessary, with one 
or  two  figures  identifying  a  territorial  or  administrative 
subdivision; 

(cid:208) 71/316/EEC (adapted) 

– 

in  the  lower  half,  the  identification  number  of  the  verifying 
agent or office; 

(b) 

the second stamp shall consist of the last two digits of the year of 
the verification, in a hexagon. 

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3.1.1.2.  The  mark  of  EC  partial  verification  shall  consist  solely  of  the  first 

stamp. It shall also serve as a seal. 

3.2. 

Shape and dimensions of marks 

3.2.1. The  attached  drawings  show  the  shape,  dimensions  and  outline  of  the  letters 
and  numbers  for  the  EC  initial  verification  marks  as  laid  down  in 
⌦ point ⌫ 3.1;  the  first  two  drawings  show  the  various  parts  of  the  stamp, 
the third is an example of a stamp. The dimensions given in the drawings are 
relative values; they are a function of the diameter of the circle described about 
the small letter "e" and about the field of the hexagon.  

The  actual  diameters  of  the  circles  described  about  the  marks  are  1·6 mm, 
3·2 mm, 6·3 mm, 12·5 mm. 

3.2.2. The  metrological  services  of  Member  States  shall  mutually  exchange  the 
original  drawings  of  the  EC  initial  verification  marks,  conforming  to  the 
models in the annexed drawings. 

3.3. 

Affixing the marks 

3.3.1. The final EC verification mark shall be affixed at the appointed location on the 
instrument  when  the  latter  has  been  completely  verified  and  is  recognised  to 
conform to EC requirements. 

3.3.2. The partial EC verification mark shall be affixed: 

3.3.2.1. When verification is made in several stages on the instrument or part of 
an instrument which fulfils the conditions laid down for operations other 
than those at the place of installation, at the place where the stamp-date is 
affixed or in any other place specified in the separate directives. 

3.3.2.2. In all cases as a seal, in the places specified in the separate directives. 

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EN 

24 

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(cid:208) 2007/13/EC Art. 1 and Annex 
(adapted) 

EN 

25 

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(cid:208) 71/316/EEC 

EN 

26 

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_____________ 

EN 

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(cid:207) 

ANNEX III 

Part A 

Repealed Directive with list of its successive amendments 
(referred to in Article 20) 

Council Directive 71/316/EEC 
(OJ L 202, 6.9.1971, p. 1) 

1972 Act of Accession, Annex I, 
point X.12 
(OJ L 73, 27.3.1972, p. 118) 

Council Directive 72/427/EEC 
(OJ L 291, 28.12.1972, p. 156) 

Council Directive 83/575/EEC 
(OJ L 332, 28.11.1983, p. 43) 

1985 Act of Accession, Annex I, 
point IX.A.7 
(OJ L 302, 15.11.1985, p. 212) 

Council Directive 87/354/EEC 
(OJ L 192, 11.7.1987, p. 43) 

Council Directive 87/355/EEC 
(OJ L 192, 11.7.1987, p. 46) 

Council Directive 88/665/EEC 
(OJ L 382, 31.12.1988, p. 42) 

1994 Act of Accession, Annex I, 
point XI.C.VII.1 
(OJ C 241, 29.8.1994, p. 211) 

Only regarding references made to 
Directive 71/316/EEC in Article 1 and 
Annex, point 4 

Only Article 1(1) 

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

Only Annex III, point 5 

2003 Act of Accession, Annex II, 
point I.D.1 
(OJ L 236, 23.9.2003, p. 64) 

Council Directive 2006/96/EC 
(OJ L 363, 20.12.2006, p. 81) 

Commission Directive 2007/13/EC 
(OJ L 73, 13.3.2007, p. 10) 

Only regarding references made to 
Directive 71/316/EEC in Article 1 and 
Annex, point B.1 

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Part B 

List of time-limits for transposition into national law 
(referred to in Article 20) 

Directive 

Time-limit for transposition 

71/316/EEC 

83/575/EEC 

87/354/EEC 

87/355/EEC 

2006/96/EC 

2007/13/EC 

30 January 1973 

1 January 1985 

31 December 1987 

31 December 1987 

1 January 2007 

9 March 2008 

_____________ 

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ANNEX IV 

CORRELATION TABLE 

Directive 71/316/EEC 

This Directive 

Chapter I 

Article 1(1)(a) 

Article 1(1)(b) 

Article 1(1)(c) 

Article 1(2) 

Article 1(3) 

Article  1(4)  first  subparagraph,  introductory 
wording and first indent 

Chapter I 

Article 1(1)(a) and Article 1(2) 

Article 1(1) (b) 

Article 1(1)(c) 

Article 1(3) 

Article 1(4) 

Article 1(5) 

Article 1(4) first subparagraph, second indent 

- 

Article 1(4) second subparagraph 

Article 1(6) 

Chapter II 

Article 2(1) 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Chapter II 

Article 2(2) 

Article 2(3) 

Article 2(4) 

Article 2(5) 

Article 2(1) 

Article 3 introductory wording 

Article 3 introductory wording 

Article 3 first indent 

Article 3 second indent 

Article 3 point (a) 

Article 3 point (b) 

Article 4, first sentence 

Article 4, first subparagraph 

Article 4, second sentence 

Article 4, second subparagraph 

Article 4, third sentence 

Article 4, third subparagraph 

Article 5(1) 

Article 5(1) 

Article 5(2) first subparagraph 

Article 5(2) first subparagraph 

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Article 5(2) second subparagraph introductory 
wording 

Article 5(2) second subparagraph introductory 
wording 

Article 5(2) second subparagraph first indent  Article 5(2) second subparagraph, point (a) 

Article  5(2)  second  subparagraph  second 
indent 

Article 5(2) second subparagraph, point (b) 

Article 5(2) second subparagraph third indent  Article 5(2) second subparagraph, point (c) 

Article  5(2)  second  subparagraph  fourth 
indent 

Article 5(2) second subparagraph, point (d) 

Article  5(2)  third  subparagraph  introductory 
wording 

Article  5(2)  third  subparagraph  introductory 
wording 

Article 5(2) third subparagraph first indent 

Article 5(2) third subparagraph, point (a) 

Article 5(2) third subparagraph second indent  Article 5(2) third subparagraph, point (b) 

Article 5(2) fourth subparagraph 

Article 5(2) fourth subparagraph 

Article 5(3) 

Article 6 

Article 5(3) 

Article 6 

Article 7(1), (2) and (3) 

Article 7(1), (2) and (3) 

Article 7 (4) first sentence 

Article 7(4) first subparagraph 

Article 7(4) second sentence 

Article 7(4) second subparagraph 

Article 7(4) third sentence 

Article 7(4) third subparagraph 

Chapter III 

Article 8(1) point (a) 

Article 8(1) point (b) 

Article 8(2) 

Article 8(3) 

Article 9(1) 

Chapter III 

Article 8(1) 

Article 8(2) 

Article 8(3) 

Article 8(4) 

Article 9(1) 

Article 9(2) introductory wording 

Article 9(2) introductory wording 

Article 9(2) first indent 

Article 9(2) second indent 

Article 9(2)(a) 

Article 9(2)(b) 

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Article 9(2) third indent 

Article 9(2) fourth indent 

Articles 10 and 11 

Chapter IV 

Article 9(2)(c) 

Article 9(2)(d) 

Articles 10 and 11 

Chapter IV 

Articles 12, 13 and 14 

Articles 12, 13 and 14 

Chapter V 

Article 15 

Chapter VI 

Chapter V 

Article 15 

Chapter VI 

Article 16 first sentence 

Article 16 first subparagraph 

Article 16 second sentence 

Article 16 second subparagraph 

Article 17 

Article 18(1) 

Article 18(2), first subparagraph 

Article 18(2), second subparagraph 

Article 18(3) 

Chapter VII 

Article 19 

Article 20(1) 

Article 20(2) 

- 

Article 21 

Annex I 

- 

Article 17(1) 

Article 17(2) 

- 

- 

Chapter VII 

Article 18 

- 

Article 19 

Articles 20 and 21 

Article 22 

Annex I 

Points 1 and 1.1 

Points 1 and 1.1 

Point 1.2 introductory wording 

Point 1.2 introductory wording 

Point 1.2 first indent 

Point 1.2 second indent 

Point 1.2 third indent 

EN 

Point 1.2(a) 

Point 1.2(b) 

Point 1.2(c) 

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Point 1.2 fourth indent 

Point 1.2 fifth indent 

Point 1.3 

Point 1.2(d) 

Point 1.2(e) 

Point 1.3 

Point 1.3.1 introductory wording 

Point 1.3.1 introductory wording 

Point 1.3.1 first indent 

Point 1.3.1 second indent 

Point 1.3.1 third indent 

Point 1.3.1 fourth indent 

Point 1.3.1(a) 

Point 1.3.1(b) 

Point 1.3.1(c) 

Point 1.3.1(d) 

Point 1.3.2 to Point 5 

Point 1.3.2 to Point 5 

Point 5.2 

Point 5.3 

Point 5.4 

Point 5.1 

Point 5.2 

Point 5.3 

Point 6 to Point 6.4 

Point 6 to Point 6.4 

Annex II 

_ 

_ 

Annex II 

Annex III 

Annex IV 

_____________ 

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