Proposal for a Directive of the European Parliament and of the Council repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 75/33/EEC, 76/765/EEC, 76/766/EEC, and 86/217/EEC regarding metrology {SEC(2008)2909} {SEC(2008)2910} {SEC(2008)2968}
Date: 2008-12-03
Institutions: European Commission
Subjects: approximation of laws, carrying capacity, cereals, marketing, measuring equipment, precision instrument, tanker, water supply, weights and measures

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.12.2008 
COM(2008) 801 final 

2008/0227 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 
75/33/EEC, 76/765/EEC, 76/766/EEC, and 86/217/EEC regarding metrology 

{SEC(2008)2909} 

{SEC(2008)2910} 

{SEC(2008)2968} 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

BACKGROUND 

1.1. 

Existing legislation 

The proposal concerns the following 8 metrology Directives: 
- Directive 75/33/EEC on Cold Water Meters for Non-Clean Water; 
- Directives 76/765/EEC and 76/766/EEC on Alcohol Meters and Alcohol Tables; 
- Directives 71/317/EEC and 74/148/EEC on Medium and Above-Medium Accuracy Weights 
respectively; 
- Directive 86/217/EEC on Tyre Pressure Gauges for Motor Vehicles; 
- Directive 71/347/EEC on Standard Mass of Grain; 
- Directive 71/349/EEC on Calibration of Ship Tanks. 

These  Directives  are  of  the  so-called  optional  type,  with  the  exception  of  Directive 
76/766/EEC  on  alcohol  tables  which  provides  for  a  total  harmonisation.  The  instruments 
described  in  each  directive  must  be  accepted  by  Member  States  and  this  was  useful  in  the 
1970s when there were trade barriers due to differing Member State regulation. In addition to 
applying  the  Directives,  Member  States  were  allowed  to  have  national  laws  containing 
technical  specifications  different  from  the  Directives.  These  national  laws  have  often  been 
further developed to keep pace with technological progress and are based on international or 
European  standards  and  contain  mutual  recognition  clauses  giving  the  requirement  that 
instruments  with  similar  level  of  performance  are  accepted  as  well.  It  should  also  be  noted 
that both international and European standards are voluntary and do not require national law 
or harmonised directives in order to be applied by manufacturers and will often be the most 
used technical specification if there is no regulation. 

1.2. 

The need for review 

From the public consultation and an external study, it appears that there are no obstacles to 
trade  in  the  6  sectors  covered  by  the  8  old  approach  Directives.  It  is  also  apparent  that  the 
Directives  concern  instruments  increasingly  less  in  use.  Technological  advance  has  been 
taken into account by international standards and additional national legislation based on the 
principle of mutual recognition. In particular with regard to the alcohol measurement of wines 
and  spirit  drinks  and  determining  the  mass  of  grain,  existing  European  regulations1already 
refer to international standards including the international standards for alcohol tables, thereby 
retaking for the most part the substance of Directive 76/766/EEC on alcohol tables.  

As  international  standards  exist,  also  for  the  outdated  technologies  and  alcohol  tables,  it 
would seem reasonable to expect that Member States, who as a consequence of subsidiarity 
would choose to maintain their current provisions in case the Directives were repealed, would 
in  doing  so  not  resurrect  new  barriers  to  trade.  The  expectation  is  that  there  would  be  no 
change compared to the current situation.  

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Commission  Regulation  (EEC)  No  2676/90  of  17  September  1990  determining  Community  methods 
for the analysis of wines (OJ L 272, 3.10.1990, p.1), Commission Regulation (EC) No 2870/2000 of 19 
December 2000 laying down Community reference methods for the analysis of spirit drinks (OJ L 333, 
29.12.2000, p.20) and Commission Regulation 824/2000 of 19 April 2000 establishing procedures for 
the  taking-over  of  cereals  by  intervention  agencies  and  laying  down  methods  for  analysis  for 
determining the quality of cereals (OJ L 100, 20.04.2000, p.31). 

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Impact assessment of policy alternatives 

1.3. 
As part of the policy on better regulation2 the Commission implemented an impact assessment 
of policy alternatives, which considered three alternatives: no action, repealing the Directives 
and  repeal  combined  with  extending  the  scope  of  Directive  2004/22/EC  on  measuring 
instruments to include the instruments in the repealed directives. 

On the basis of impact assessment as such, there is no preferred option. This is due to the lack 
of trade barriers and due to the directives being increasingly less used.  

The repeal of the 8 metrology Directives would be in line with the Commission’s approach to 
simplify the acquis of European law by repealing obsolete legislative acts3, which have little 
or  no  practical  impact  and  therefore  have  become  irrelevant.  It  would  also  be  fully  in 
accordance with the principle of subsidiarity.  

The option of a repeal combined with extending the scope of Directive 2004/22/EC does not 
appear appropriate, as a harmonisation is not necessary. This is due to the fact that the current 
situation  of  mutual  recognition  of  the  national  rules  based  upon  international  standards 
functions satisfactorily and there are no problems for free movement. Furthermore, there is no 
evidence  of  a  common  need  for  a  higher  level  of  consumer  protection.  In  addition,  a 
substantial  number  of  Member  States  are  expected,  in  the  case  of  extending  the  scope  of 
Directive  2004/22/EC,  to  make  use  of  the  possibility,  provided  for  in  Article  2  of  that 
Directive to optout of the harmonisation.  

2. 

AIMS AND OBJECTIVES OF THE PROPOSAL 

2.1. 

Simplification and better regulation 

It  is  proposed  for  the  reasons  set  out  above,  to  repeal  the  8  directives.  Whilst  the  options, 
repeal  or  re-regulation,  are  both  possible  outcomes  of  the  simplification  objective  and  both 
will fully achieve the objective of simplification, the option of repeal will entail less overhead 
at the European level and reduce the quantity of European legislation, whilst maintaining fully 
the internal market.  

2.2. 

Legal Basis 

The legal basis for the 8 existing Directives is Article 95 of the EC Treaty.  

3. 

COHERENCE WITH COMMUNITY PRINCIPLES 

3.1. 

Proportionality 

The  repeal  is  proportionate  in  the  sense  that  the  directives  concern  technology  that  is 
becoming out of date and in most cases are fully covered by international standards. National 
authorities  currently  use  the  WELMEC  type  approval  agreement  in  order  to  exchange 
information for purposes of market surveillance in the non-harmonised field and periodic in-
service controls for new technology and this system could also be implemented for national 
law on old technologies once the directives have been repealed. 

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Interinstitutional  Agreement  on  better  law-making,  OJ  C321,  31.12.2003,  p1,  and  European 
Governance: Better lawmaking, COM(2002) 275 final, 5.6.2002 
Implementing  the  Community  Lisbon  programme:  A  strategy  for  the  simplification  of  the  regulatory 
environment, COM(2005)535 

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3.2. 

Subsidiarity 

Given  the  apparent  lack  of  constraints  and  non-existing  trade  barriers,  also  in  the  case  of 
technologically more developed instruments, it would appear that there is no need to replace 
current  harmonisation  by  new  Community  law.  In  line  with  the  principle  of  subsidiarity 
Member States are left to decide whether they want to regulate and if so, they are bound to 
base  such  national  regulation  on  international  standards  and  mutual  recognition.  In  fact, 
Member States have already been able to do so and the effect of repeal is that this freedom 
will remain unchanged. 

4. 

COHERENCE WITH COMMUNITY POLICIES 

4.1. 

Competitiveness 

The  existing  Directives  are  virtually  not  applied  and  have  been  in  practice  superseded  by 
national laws based on international standards which take into account technological progress. 
The  free  movement  of  goods  is  ensured  due  to  the  satisfactory  application  of  the  mutual 
recognition  principle.  Where  needed,  consumer  protection  is  thereby  assured,  whilst  mutual 
recognition relieves manufacturers of multiple conformity assessment.  

4.2. 

Sustainable development 

If a trade-off between protection benefits and administrative costs exists for weights and tyre 
pressure gauges, harmonisation is nowhere required in the light of an common policy need. 
National regulation based on international standards and the principle of mutual recognition 
can be equally effective as harmonisation.  

4.3. 

Other Community policies 

In  the  case  of  alcohol  measurement  of  wines  and  spirit  drinks  and  determining  the  mass  of 
grain,  existing  European  regulations4  already  refer  to  international  standards  including  the 
international standards for alcohol tables. Directive 76/766/EEC on alcohol tables has for the 
most part been retaken in Community regulations which will remain in force. 

REFERENCE TO THE WORK PROGRAMME 

5. 
The proposal is mentioned in the 2008 Commission legislative and work program5. 

6. 

RELEVANCE FOR THE EEA  

This proposal is covered by the Agreement on the European Economic Area. 

7. 

EXTERNAL CONSULTATION 

Stakeholders were consulted during the 8-week period up to 15 July 2008. The 14 reactions 
have  been  published  on  the  Europa  web  site  and  presented  in  the  report  on  the  public 

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Commission  Regulation  (EEC)  No  2676/90  of  17  September  1990  determining  Community  methods 
for the analysis of wines (OJ L 272, 3.10.1990, p.1), Commission Regulation (EC) No 2870/2000 of 19 
December 2000 laying down Community reference methods for the analysis of spirit drinks (OJ L 333, 
29.12.2000, p.20) and Commission Regulation 824/2000 of 19 April 2000 establishing procedures for 
the  taking-over  of  cereals  by  intervention  agencies  and  laying  down  methods  for  analysis  for 
determining the quality of cereals (OJ L 100, 20.04.2000, p.31). 
COM(2007)640,  p33  -  Metrology:  Extension  of  the  scope  of  Directive  2004/22/EC  on  measuring 
instruments and repeal of 8 "old approach" metrology Directives: 

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consultation.  Manufacturers  do  not  report  barriers  to  trade  that  would  justify  additional 
harmonisation  through  EU  regulation.  Consumers  and  buyers  of  instruments  did  not  report 
lack  of  protection.  Authorities  did  not  report  overriding  policy  needs  that  would  require 
harmonisation. 

Simultaneously  an  external  consultant  study  was  commissioned,  the  results  of  which  have 
been published on the Europa web. It estimated that the 6 sectors covered by the 8 directives 
are small and there is no mention by stakeholders of any barriers to trade. It was noted that 
technological  progress  is  being  taken  into  account  by  means  of  voluntary  international  and 
European standardisation. 

The Commission’s minimum standards have been met and no reactions were excluded. 

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2008/0227 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  

repealing Council Directives 71/317/EEC, 71/347/EEC, 71/349/EEC, 74/148/EEC, 
75/33/EEC, 76/765/EEC, 76/766/EEC, and 86/217/EEC regarding metrology 

(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 Commission6, 
Having regard to the opinion of the European Economic and Social Committee7, 
Acting in accordance with the procedure laid down in Article 251 of the Treaty8, 

Whereas: 

(1) 

(2) 

(3) 

Community  policies  on  better  regulation  stress  the  importance  of  simplification  of 
national  and  Community  legislation  as  a  crucial  element  in  improving  the 
competitiveness of enterprises and achieving the objectives of the Lisbon Agenda. 

A number of measuring instruments are covered by specific Directives adopted on the 
basis  of Council  Directive  71/316/EEC of 26  July  1971  on  the  approximation  of  the 
laws  of  the  member  States  relating  to  common  provisions  for  both  measuring 
instruments and methods of metrological control9. 

Council Directives 71/317/EEC of 26 July 1971 on the approximation of the laws of 
the  Member  States  relating  to  5  to  50  kilogramme  medium  accuracy  rectangular  bar 
weights and 1 to 10 kilogramme medium accuracy cylindrical weights10, 71/347/EEC 
of 12 October 1971 on the approximation of the laws of the Member States relating to 
the measuring of the standard mass per storage volume of grain11, 71/349/EEC of 12 
October 1971 on the approximation of the laws of the Member States relating to the 
calibration  of  the  tanks  of  vessels12,  74/148/EEC  of  4  March  1974  on  the 
approximation of the laws of the Member States relating to weights of from 1 mg to 50 
kg  of  above-medium  accuracy13,  75/33/EEC  of  17  December  1974  on  the 
approximation  of  the  laws  of  the  Member  States  relating  to  cold-water  meters14, 

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OJ C, p. . . 
OJ C, p. . . 
OJ C, p. . . 
OJ L 202, 6.9.71, p.1. 
OJ L 202, 6.9.71, p.14. 
OJ L 239, 25.10.71, p.1. 
OJ L 239, 25.10.71, p.15. 
OJ L 84, 28.3.74, p.3. 
OJ L 14, 20.1.75, p.1. 

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76/765/EEC of 27 July 1976 on the approximation of the laws of the Member States 
relating to alcoholometers and alcohol hydrometers15, 86/217/EEC of 26 May 1986 on 
the approximation  of the laws of the Member States relating to tyre pressure gauges 
for motor vehicles16, adopted on the basis of Council Directive 71/316/EEC, are either 
technically outdated, not reflecting the state of the art in measurement technology or 
concern instruments not subject to technological development and increasingly less in 
use.  Furthermore,  national  provisions  are  allowed  to  exist  alongside  the  Community 
provisions. 

(4)  While  Council  Directive  76/766/EEC  of  27  July  1976  on  the  approximation  of  the 
laws  of  the  Member  States  relating  to  alcohol  tables17  provides  for  a  total 
harmonisation,  most  of  its  content  is  included  in  the  Community  Regulations  on 
alcohol  measurement  of  wines  and  spirit  drinks,  namely  Commission  Regulation 
(EEC)  No  2676/90  of  17  September  1990  determining  Community  methods  for  the 
analysis of wines18 and Commission Regulation (EC) No 2870/2000 of 19 December 
2000  laying  down  Community  reference  methods  for  the  analysis  of  spirit  drinks19. 
The  international  standards  for  alcohol  tables  are  identical  to  those  provided  for  in 
Directive 76/766/EEC and they can continue to be the base for national regulation.  

(5) 

(6) 

(7) 

(8) 

Technical  progress  and  innovation  with  regard  to  measuring  instruments  covered  by 
the Directives being repealed is ensured in practice either by the voluntary application 
of  the  international  and  European  standards  which  have  been  developed  or  by  the 
application of national provisions implementing such new specifications. Furthermore, 
the  free  circulation  within  the  internal  market  of  all  products  concerned  by  them  is 
ensured by the satisfactory application of Articles 28 to 30 of the EC Treaty and of the 
mutual recognition principle. 

The repeal of the Directives should not lead to any new barriers to the free movement 
or to additional administrative burdens. Furthermore, while respecting the principles of 
proportionality and subsidiarity, there is no evidence of a common need for a higher 
level of consumer protection. 

Directives  71/317/EEC,  71/347/EEC,  71/349/EEC,  74/148/EEC,  75/33/EEC, 
76/765/EEC, 76/766/EEC and 86/217/EEC should therefore be repealed. 

The repeal of the Directives should not affect existing EEC pattern approvals and EEC 
certificates until the end of their validity,  

HAVE ADOPTED THIS DIRECTIVE: 

Directives  71/317/EEC,  71/347/EEC,  71/349/EEC,  74/148/EEC,  75/33/EEC,  76/765/EEC, 
76/766/EEC and 86/217/EEC are repealed with effect from {1 January 2010}. 

Article 1 

15 
16 
17 
18 
19 

OJ L 262, 27.9.76, p.143. 
OJ L 152, 6.6.86, p.48. 
OJ L 262, 27.9.76., p.149. 
OJ L 272, 3.10.1990, p.1. 
OJ L 333, 29.12.2000, p.20. 

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Article 2 

1. 

Member  States  shall  adopt  and  publish,  by  {31  December  2009}  at  the  latest,  the 
laws,  regulations  and  administrative  provisions  necessary  to  comply  with  this 
Directive.  They  shall  forthwith  communicate  to  the  Commission  the  text  of  those 
provisions and a correlation table between those provisions and this Directive. 

They shall apply those provisions from {1 January 2010}. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

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. 

EEC  pattern  approvals  and  EEC  certificates  issued  until  {31  December  2009}  under  the 
Directives referred to in Article 1 shall remain valid. 

Article 3 

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

Article 4 

This Directive is addressed to the Member States. 

Done at Brussels,  

Article 5 

For the European Parliament 
The President 

For the Council 
The President 

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