Commission staff working document - Report on the public consultation on the on the simplification of 8 old approach metrology Directives {COM(2008)801 final} {SEC(2008)2909} {SEC(2008)2910}
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 
SEC(2008) 2968 

COMMISSION STAFF WORKING DOCUMENT 

Report on the public consultation on the 

on the simplification of 8 old approach metrology Directives 

{COM(2008)801 final} 

{SEC(2008)2909} 

{SEC(2008)2910} 

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TABLE OF CONTENTS 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

10. 

11. 

12. 

Introduction .................................................................................................................. 2 

Contributions to the public consultation ...................................................................... 3 

Available options ......................................................................................................... 4 

Technological Progress ................................................................................................ 4 

Impact assessment........................................................................................................ 5 

Economies of scale....................................................................................................... 6 

Small and medium sized enterprises ............................................................................ 6 

Effects on consumers and employees .......................................................................... 6 

Environmental effects .................................................................................................. 7 

Government needs........................................................................................................ 8 

Options, alternatives and their impacts ........................................................................ 8 

Views expressed per sector .......................................................................................... 9 

12.1.  Cold Water Meters for Non-Clean Water (Directive 75/33/EEC)............................... 9 

12.2.  Alcohol Meters (Directive 75/765/EEC) ..................................................................... 9 

12.3.  Alcohol Tables (Directive 75/766/EEC)...................................................................... 9 

12.4.  Medium and Above-Medium Accuracy Weights (Directive 71/317/EEC and 

74/148/EEC)................................................................................................................. 9 

12.5. 

Tyre Pressure Gauges for Motor Vehicles (Directive 86/217/EEC).......................... 10 

12.6. 

Standard Mass of Grain (Directive 74/347/EEC) ...................................................... 10 

12.7.  Calibration of Ship Tanks (Directive 71/349/EEC) ................................................... 10 

13. 

14. 

Conclusion.................................................................................................................. 10 

Further work............................................................................................................... 10 

1. 

INTRODUCTION 

The 8 metrology directives which would be subject of repeal or, in the case of good reasons, 
be subject of reregulation concern the following sectors:  
- Cold Water Meters for Non-Clean Water 
- Alcohol Meters and Alcohol Tables (Directive 75/765/EEC and 75/766/EEC) 
-  Medium  and  Above-Medium  Accuracy  Weights  (Directive  71/317/EEC  and  74/148/EEC) 
- Tyre Pressure Gauges for Motor Vehicles  (Directive 86/217/EEC) 
- Standard Mass of Grain (Directive 74/347/EEC) 
- Calibration of Ship Tanks (Directive 71/349/EEC) 

(Directive 75/33/EEC) 

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Starting on 21 May 2008 a public consultation was held until 15 July 2008. The Commission 
services  have  published  a  key  issues  document  for  the  public  consultation.  Concerns  have 
been  expressed  that  currently  these  technical  rules  are  not  easily  adaptable  to  technological 
progress  and  therefore  risk  hindering  innovation.  Next  to  repeal,  it  gives  as  an  option  to 
include  one  or  more  of  these  sectors  in  the  Measuring  Instruments  Directive  (Directive 
2004/22/EC). The public consultation document highlighted 10 issues, the reactions to which 
will subsequently be discussed in this document. Stakeholders were also invited to bring up 
any other issues that they consider relevant.  

Information on the public consultation has been disseminated via the Your Voice in Europe 
site  which  is  public  and  well  known  among  professional  organisations.  Also  there  was  an 
Enterprise e-mail alert that was distributed at the start of the consultation to 28.000 recipients 
as  well  as  an  e-mail  alert  to  all  those  who  had  expressed  their  interest  on  this  issue  to  the 
Commission services in the past. 

The  key  issues  document  and  this  report  on  the  public  consultation  and  all  reactions  are 
available on the Europa website: 
http://ec.europa.eu/enterprise/prepack/ms_inst/mi_directives.htm 

This report will firstly examine the reactions that have been received. Secondly it will present 
the conclusions to be drawn with due regard to the Commission’s priority for simplification 
and better regulation. 

This  document  has  been  prepared  by  the  Commission  services  for  consultation  purposes.  It 
does not in any way prejudge, or constitute the announcement of, any position on the part of 
the Commission concerning the issues covered.  

2. 

 CONTRIBUTIONS TO THE PUBLIC CONSULTATION 

Contributions were received from 14 stakeholders, none of whom requested to be treated as 
confidential.  

Contributions were received from the following types of respondents: 

Public: 1 member of the public reacted, from the UK  

Enterprises: 2 enterprises reacted, both niche producers operating on the European Market. 

Industry  Federations:  2  industry  federations  reacted,  one  Europe-wide  federation,  1  national 
from the UK. 

Non-governmental organisation: 1 non-governmental organisation from Austria reacted, but it 
reflected the view of the Austrian authority 

International  Organisations:  1  international  treaty  organisation  reacted,  namely  OIML 
(Organisation Internationale pour la Métrologie Légale) of which all Member States are party. 

Authorities: 7 Authorities reacted: 3 national authorities and 4 local authorities from the UK. 

In  the  following  chapters,  details  of  answers  on  the  10  questions  posed  by  the  Commission 
services will be discussed, as well as other issues brought up. 

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3. 

AVAILABLE OPTIONS 

In  the  key  issues  document  for  the  public  consultation  the  Commission  services  presented 
three options. 

Option  1:  “Old  approach”  Directives  exist  in  addition  to  national  rules  (current  situation). 
Without  any  new  EU  action,  the  old  Directives  would  exist  until  technical  progress  has 
completely  overtaken  the  technological  specifications.  It  is  expected  that  the  market  will 
continue evolving quickly to include products more technologically advanced and no longer 
covered by the old directives. 

Option  2  is  the  repeal  of  the  Old  Approach  directives  without  any  change  to  Directive 
2004/22/EC on measuring instruments. National rules can continue to exist. Under this option 
the free movement of measuring instruments within the Internal Market would implicitly rely 
on the Mutual Recognition Principle and horizontal legislation framing its correct functioning. 
The existing WELMEC type approval agreement gives a framework for mutual recognition of 
national conformity assessment. Under WTO/TBT obligations, Member States would need to 
base  their  laws  on  international  standards.  Alternatively,  instead  of  national  regulation, 
Member  States  could  rely  on  the  voluntary  application  of  European  standards.  For  the 
updating and development of such standards the Commission could, if needed, give a mandate 
to the European Standardisation Organisations.  

Option  3  is  to  add  new  annexes  for  each  instrument  to  Directive  2004/22/EC  on  measuring 
instruments  and  the  repeal  of  the  directives.  This  option  does  not  allow  any  national  rules, 
although Member States remain free to choose the tasks for which they want to prescribe legal 
metrological control. For these tasks they may only allow instruments conformity assessed on 
the  essential  requirements  in  the  directive  to  be  used  on  their  territory.  New  Approach 
harmonisation  prescribes  essential  requirements  and  allows  any  technological  specification 
that  complies  with  these  requirements.  It  should  be  noted  that  Article  2  of  Directive 
2004/22/EC on measuring instruments allows Member States to opt out from requiring the use 
on their territory of instruments complying with the directive, but using the opt-out does not 
allow any alternative national rules and therefore means having no rules. 

4. 

TECHNOLOGICAL PROGRESS 

The Commission sought stakeholders’ views on the sensitivity of each sector to technological 
progress and the option most preferred from the angle of adapting to technological progress. 

The Scottish Whisky Association represents 98% of produce of whisky and it expressed as its 
view that any future policy should not stifle innovation where the industry can see benefits in 
utilising alternative instruments for measurement. 

OIML indicates that technological progress has been quite fast notably affecting water meters, 
alcohol  meters,  where  electronic  instruments are  now  commonly  used,  tyre  pressure  gauges 
and standard mass of grain. It proposes reregulation (option 3) for all sectors 

The producers in the alcohol meter industry would like to include in the regulation (option 3) 
the  instruments  that  they  are  producing  which  are  outside  the  scope  of  the  old  directives: 
electronic alcohol meters and oscillation-type density meters according to EN ISO 15212, but 
do not indicate barriers to trade. 

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The view from Austria is that there has been less technological progress in these sectors than 
in  the  sectors  already  covered  by  the  Measuring  Instruments  Directive.  Czech  Republic 
considers  that  alcohol  and  mass  of  grain  metering  is  medium  sensitive  to  technological 
progress,  whilst  the  other  sectors  have  on  low  sensitivity.  Both  Austria  and  CZ  Republic 
favour reregulation (option 3). Romania considers that technological progress requires change 
in  water  meters,  tyre  pressure  gauges,  mass  of  grain  and  calibration  of  ship  tanks,  but 
considers national regulation best suited (option 2). 

The UK local authority (Norfolk) indicates that costs of higher quality weights have become 
lower and this could be considered a form of technological progress. It favours re-regulation 
(option 3) 

A UK citizen favours essential requirements that are more open to technological progress than 
detailed technical specifications. 

There are mixed views on the relevance of technological progress on these sectors. The wide 
view  could  be  that  nearly  all  are  concerned,  while  a  more  limited  view  would  be  that  only 
alcohol and mass of grain are concerned. Most favour reregulation under option 3. 

5. 

IMPACT ASSESSMENT 

The question asked was what are the current economic impacts of the sectors and how would 
they change in respect of the options? 

A  producer  of  alcohol  meters  states  that  around  30,000  oscillation  density  type  meters  are 
currently in use. 

OIML  suggests  expanding  the  scope  of  MID  to  include  network  clean  water  meters  and 
meters  for  irrigation  both  of  which  it  deems  important  for  the  environment.    It  considers 
alcohol tables important because alcohol content is the basis for excise taxes. Tyre pressure 
gauges are manufactured abroad and Eastern Europe and wrong tyre pressure is deemed to be 
the cause of 6% of deaths in road accidents costing an estimated € 310 million in 2005. Too 
low  pressure  of  tyres  could  waste  an  €200-30 0  annually  on  petrol  consumption  per  car  and 
add an extra 1.3 tons  of  greenhouse  gasses. Ship tanks may also prevent greenhouse gasses 
(but it does not say in which way). 

A UK authority (Norfolk) indicates that calibrating all weights at an acceptable accuracy level 
(class E1) would cost £100,000. It also finds that most tyre pressure gauges are imported and 
are not correctly calibrated, which has a detrimental impact on road safety and fuel economy, 
having a major impact on global warming.  Czech Republic has low national production in all 
sectors  excepting  mass  of  grain  and  considers  effects  on  exports  and  employment  to  be 
‘negligible’. 

It would seem that if there are impacts none of these would seem to be particularly subject to 
change depending on the option chosen.   

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6. 

ECONOMIES OF SCALE  

The  question  posed  was:  are  there  currently  economies  of  scale  and  what  are  the  expected 
effects of the various options on economies of scale? 

A producer of alcohol meters indicates that option 3 allows the production and distribution of 
standardised  instruments  in  all  Member  States  and  therefore  leads  to  reduction  of  costs  for 
both producers and consumers. 

Austria has expressed the view that in the case of measuring instruments requiring calibration, 
it  is  easier  to  market  them  having  a  common  framework  and  harmonised  requirements,  an 
argument in favour of reregulation (option 3). Czech Republic defines economies of scale as 
meaning  that  a  firm  can  benefit  from  selling  the  same  product  in  different  markets  without 
requiring  additional  operations  such  as  complying  with  different  regulations  and  repeating 
conformity  assessment.  It  concludes  that  such  economies  of  scale  are  equally  small  under 
both  options  2  and  3.  Romania  indicates  that  if  national  regulations  are  based  on  the  same 
international  standards  (option  2),  manufacturers  need  not  pay  for  repeated  conformity 
assessment.  

A UK authority (Trading Standards East Midlands) recognizes that many manufacturers and 
suppliers of weighing equipment and weights are pan-European businesses and its view is that 
re-regulation (option 3) offers an opportunity for consistency and efficiency. 

Whilst most relate option 3 to increased economies of scale, there could be equally large scale 
effects under option 2, if national rules are based on international standards. 

7. 

SMALL AND MEDIUM SIZED ENTERPRISES 

The Commission asked about the current situation of small and medium sized enterprises and 
what  is  to  be  expected  under  the  various  options,  also  as  regards  the  possibility  to  develop 
market niches and administrative burdens? 

A producer of alcohol meters indicates that measuring instruments are traditionally produced 
by small to medium-sized companies which would largely benefit from option 3. 

Austria has expressed the view that it is better for small and medium sized firms to produce 
and  market  instruments  for  the  entire  European  market  to  harmonised  specifications,  an 
argument  in  favour  of  reregulation  (option  3).  Czech  Republic  indicates  that  currently 
production is by small manufacturers to national specifications and that option 2 will not lead 
to any change, whilst harmonisation (option 3) will not have significant economic impacts. 

Whilst harmonisation may be favourable to small and medium sized enterprises, there is also 
doubt as to whether the impact will be significant. 

8. 

EFFECTS ON CONSUMERS AND EMPLOYEES 

The  question  to  stakeholders  was  what  are  the  effects  of  the  various  options  on  needs  of 
consumers and employees? 

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A UK citizen suggests that displays on tyre pressure gauges should be simplified so that non-
trained  users  can  more  easily  use  them.  Harmonisation  would  allow  use  by  tourists  without 
problems.  Nor  should  supplementary  indications  be  allowed  (currently  the  domain  of 
Directive 80/181/EEC on units of measurement). Also there should be proper information for 
tourists in the UK. 

Scotch  whisky  producers  indicate  that  alcohol  meters  and  tables are  extensively  used  in  the 
production process, notably glass alcohol meters currently covered by the directive. The more 
complex meters are used for Regulation 2870/2000 on spirit drinks. 

A producer of alcohol meters indicates that harmonisation (option 3) would reduce costs and 
improve  quality  of  the  measured  products.  Employees  will  benefit  from  better  working 
conditions  due  to  automation,  elimination  of  routine  burden  and  less  exposure  to  air 
contaminated with alcohol vapour by applying oscillation type density meters (option 3). 

OIML  indicates  that  current  protection  is  poor  (option  1)  and  that  repeal  of  the  directives 
(option 2) could end protection of  consumers and citizens, while option 3 would harmonise 
protection at a high level.  

Austria favours that consumers rely on common requirements (option 3) over country specific 
requirements  that  would  result  under  option  2.  Czech  Republic  fears  an  unacceptably  low 
level of consumer protection in case of lack of national specifications (option 2) which is not 
the case under option 3.  

If there could be reason to justify common consumer and employee protection, it is however 
very  much  a  question  how  effective  reregulation  (option  3)  could  be  given  the  existing  EU 
regulation (such as Regulation 2870/2000 on spirit drinks) and that the Measuring Instruments 
Directive recognises subsidiarity and allows Member States to opt-out. 

9. 

ENVIRONMENTAL EFFECTS 

The  question  to  stakeholders  was  what  are  the  environmental  effects  of  the  uses  and  how 
could they be influenced by the various options?  

Scotch  whisky  producers  indicate  that  the  alcohol  meters  currently  covered  by  the  directive 
are  inexpensive  and  do  not  require  batteries  or  power  and  can  be  disposed  of  as  ordinary 
controlled waste. 

A  producer  of  alcohol  meters  says  that  his  technology  (oscillation  density  meters)  requires 
much  less  samples  volumes  than  the  OIML  recommendation  and  current  directive  and  that 
therefore  transportation,  storage  and  disposal  requirements  for  samples  are  substantially 
reduced. 

OIML  suggests  expanding  the  scope  of  MID  to  include  network  clean  water  meters  and 
meters  for  irrigation  both  of  which  it  deems  important  for  the  environment.    Wrong  tyre 
pressure is deemed to be the cause of 6% of deaths in road accidents costing an estimated € 
310 million in 2005. Too low pressure of tyres could waste an €200-300 annually on petrol 
consumption  per  car  and  add  an  extra  1.3  tons  of  greenhouse  gasses.  Ship  tanks  may  also 
prevent greenhouse gasses (but it does not say in which way). 

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The Czech Republic does not distinguish environmental effects under any option. 

It would seem that if environmental protection would justify regulatory intervention, there is 
no option which stands out as being the most favourable. 

10. 

GOVERNMENT NEEDS 

The question was: what are the needs of government and what are the effects of the options, 
notably also as regards market surveillance? 

Romania has the view that legislation where needed can be done at the national level rather 
than at the Community level and it will not require investment in new conformity assessment 
procedures involving notified bodies (option 2).   

Czech Republic points to the current differences between national legislations and considers 
that  option  2  worsens  the  legislative  background  and  gives  a  higher  burden  for  market 
surveillance than option 3. 

According  to  Austria  it  is  easier  to  have  the  same  requirements  all  over  the  EU. 
Harmonisation  eliminates  administrative  tests  on  the  equivalence  of  the  level  of  protection 
and  other  procedures  necessary  within  option  2.  Option  3  in  its  view  simplifies  access  to 
certified measuring instruments, which would enter the market initially calibrated, as well as 
subsequent recalibration and market surveillance or the modification of measuring devices in 
use. 

Authorities  in  the  UK  have  varying  views  and  would  generally  want  to  repeal  current 
directives except for weights and tyre pressure gauges, but also for water meters. 

OIML  indicates  that  repeal  of  the  directives  (option  2)  may  set  trade  barriers  despite 
provisions of the EU or of TBT, whilst option 3 would harmonise protection at a high level. 

It would seem that the motivations for Option 3 would seem not to take into account that the 
Measuring  Instruments  Directive  allows  an  opt-out  in  line  with  subsidiarity.  If  mutual 
recognition  is  based  on  the  assumption  that  national  rules  would  reflect  international 
standards, it is unclear why this should lead to a burden of “additional administrative tests on 
the equivalence of the level of protection”. 

11. 

OPTIONS, ALTERNATIVES AND THEIR IMPACTS 

Stakeholders  were  requested  to  provide  comments  on  whether  all  issues  and  alternatives 
concerning  the  Directives  concerned  by  the  simplification  have  been  highlighted  and  to 
indicate the overall costs and benefits that they expect to have as a result of any of alternative 
option? 

OIML points out that the Measuring Instruments directive (Dir 2004/22/EC) by means of its 
articles  10  and  16  complies  with  Article  2.4  of  the  Technical  Barriers  to  Trade  Agreement 
(World  Trade  Organisation)  as  it  allows  reference  to  be  made  to  “normative  documents”  of 
OIML,  which  is  an  International  standard-setting  organisation  in  the  sense  of  the  TBT 
agreement. 

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Respondents presented no alternatives to the three options in the key issues document. 

12. 

VIEWS EXPRESSED PER SECTOR 

12.1.  Cold Water Meters for Non-Clean Water (Directive 75/33/EEC)  

The EU water manufacturing industry does not require harmonised legislation for non-clean 
water meters and indicates that voluntary standardisation can cover any needs. 

OIML  indicates  that  network  clean-water  meters  should  be  included  as  well  as  meters  for 
irrigation, both having an environmental relevance. 

12.2.  Alcohol Meters (Directive 75/765/EEC) 

Two manufacturers of alcohol meters would wish to include their respective technologically 
advanced instruments in the scope of the directive but they do not indicate any trade barriers. 

Scotch  whisky  producers  indicate  that  harmonisation  should  incorporate  and  not  inhibit 
technological innovation but they do not indicate any trade barriers. 

OIML  points  to  the  importance  of  correctly  measuring  alcoholic  percentage  for  product 
labelling and taxation.  

12.3.  Alcohol Tables (Directive 75/766/EEC) 

OIML points out that the alcohol tables are already available in international standards. The 
current  EU  directive  on  alcohol  tables  does  not  require  conformity  assessment  as  a 
prerequisite for free circulation of products, so it should be maintained although not via the 
Measuring Instruments directive. 

The Czech Republic wants to extend the scope of the tables to below zero °C. 

12.4.  Medium  and  Above-Medium  Accuracy  Weights  (Directive  71/317/EEC  and 

74/148/EEC) 

The UK local authority (Norfolk) indicates that costs of higher quality weights have become 
lower and this could be considered a form of technological progress. It favours re-regulation 
(option 3). It also indicates that calibrating all weights at an acceptable accuracy level (class 
E1) would cost £100,000. 

Another  UK  authority  (Trading  Standards  East  Midlands)  recognizes 
that  many 
manufacturers and suppliers of weighing equipment and weights are pan-European businesses 
and  its  view  is  that  re-regulation  (option  3)  offers  an  opportunity  for  consistency  and 
efficiency. 

The  Czech  Republic  wants  to  limit  the  scope  to  the  lowest  accuracy  weights:  F2  and  lower 
classes, i.e. the weights that are actually used in consumer transactions on local markets and 
shops. 

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12.5.  Tyre Pressure Gauges for Motor Vehicles (Directive 86/217/EEC) 

OIML  indicates  road  safety  and  energy  efficiency  as  additional  reasons  to  harmonise  tyre 
pressure  gauges.  Tyre  pressure  gauges  are  manufactured  abroad  and  Eastern  Europe  and 
wrong tyre pressure is deemed to be the cause of 6% of deaths in road accidents costing an 
estimated € 310 million in 2005. Too low pressure  tyres could waste an €200-300 annually on 
petrol consumption per car and add an extra 1.3 tons of greenhouse gasses. 

A  UK  authority  (Norfolk)  has  experience  that  indicates  that  most  tyre  pressure  gauges  are 
imported and are not correctly calibrated, which has a detrimental impact on road safety and 
fuel economy, having a major impact on global warming.  

A UK citizen suggests that displays on tyre pressure gauges should be simplified so that non-
trained  users  can  more  easily  use  them.  Harmonisation  would  allow  use  by  tourists  without 
problems.  Nor  should  supplementary  indications  be  allowed  (currently  the  domain  of 
Directive 80/181/EEC on units of measurement). Also there should be proper information for 
tourists in the UK.  

12.6. 

Standard Mass of Grain (Directive 74/347/EEC) 

The  Czech  Republic,  referring  to  Regulation  824/2000  on  intervention  for  cereals,  wants  to 
include the 1L and 1/4L measures in the scope. 

12.7.  Calibration of Ship Tanks (Directive 71/349/EEC) 

OIML  indicates  that  calibrating  ship  tanks  may  also  prevent  greenhouse  gasses  (but  it  does 
not indicate in which way). 

The  Czech  Republic  indicates  that  the  directive  would  need  to  include  definitions  of  inland 
water vessels and coasters. 

13. 

CONCLUSION 

From  the  public  consultation  it  has  not  emerged  that  there  are  barriers  to  trade  that  would 
require harmonisation under Article 95 of the Treaty. Nor was any other consideration of an 
overriding policy need requiring harmonisation indicated. 

14. 

FURTHER WORK 

The  Commission  services  have  proceded  to  prepare  an  impact  assessment  concerning  the 
three options for the simplification of 8 old approach Directives. 

The  Commission  services  publish  this  report  in  line  with  the  Commission  policy  on  better 
regulation  in  order  to  summarise  the  results  of  the  recent  consultation  process  and  their 
findings.  The publication of this report is without prejudice to any subsequent proposal to be 
adopted by the College. 

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