CELEX: 52010PC0507
Language: en
Date: 2010-09-27
Title: Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the approximation of the laws of the Member States relating to units of measurement

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52010PC0507

Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the approximation of the laws of the Member States relating to units of measurement  /* COM/2010/0507 final - COD 2010/0260 */  

	[pic] | EUROPEAN COMMISSION |Brussels, 27.9.2010COM(2010) 507 final2010/0260 (COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon the approximation of the laws of the Member States relating to units of measurement(Codification)EXPLANATORY MEMORANDUM1. In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying the law of the Union so as to make it clearer and more accessible to citizens, thus giving them new opportunities and the chance to make use of the specific rights it gives them.This aim cannot be achieved so long as numerous provisions that have been amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable research work, comparing many different instruments, is thus needed to identify the current rules.For this reason a codification of rules that have frequently been amended is also essential if Community law is to be clear and transparent.2. On 1 April 1987 the Commission decided[1] to instruct its staff that all 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.3. The Conclusions of the Presidency of the Edinburgh European Council (December 1992) confirmed this[2], stressing the importance of codification as it offers certainty as to the law applicable to a given matter at a given time.Codification must be undertaken in full compliance with the normal procedure for the adoption of acts of the Union.Given that no changes of substance may be made to the instruments affected by codification , the European Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-track adoption of codification instruments.4. The purpose of this proposal is to undertake a codification of Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC[3] . The new Directive will supersede the various acts incorporated in it[4]; this proposal fully preserves the content of the acts being codified and hence does no more than bring them together with only such formal amendments as are required by the codification exercise itself.5. The codification proposal was drawn up on the basis of a preliminary consolidation , in 22 official languages, of Directive 80/181/EEC and the instruments amending it, carried out by the Publications Office of the European Union, by means of a data-processing system . Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table contained in Annex III to the codified Directive.ê 80/181/EEC (adapted)2010/0260 (COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon the approximation of the laws of the Member States relating to units of measurement(Codification)(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on the Functioning of the European Union, and in particular Article Ö 114 Õ thereof,Having regard to the proposal from the European Commission,After transmission of the draft legislative act to the national Parliaments,Having regard to the opinion of the European Economic and Social Committee[5],Acting in accordance with the ordinary legislative procedure,Whereas:ê1.  Directive 80/181/EEC of the Council of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC[6] has been substantially amended several times[7]. In the interests of clarity and rationality the said Directive should be codified.ê 80/181/EEC Recital 1 (adapted)2.  Units of measurement are essential in the use of all measuring instruments, to express measurements or any indication of quantity. Units of measurement are used in most fields of human activity. It is necessary to ensure the greatest possible clarity in their use. It is therefore necessary to make rules for their use within the Ö Union Õ for economic, public health, public safety or administrative purposes.ê 80/181/EEC Recital 43.  Units of measurement are the subject of international resolutions adopted by the General Conference of Weights and Measures (CGPM) set up by the Metre Convention signed in Paris on 20 May 1875, to which all the Member States adhere. The “International System of Units” (SI) was drawn up as a result of these resolutions.ê 80/181/EEC Recital 2 (adapted)4.  T here exist international conventions or agreements in the field of international transport which bind the Ö Union Õ or the Member States. These conventions or agreements have to be respected.ê2009/3/EC Recital 1 (adapted)5.  Given the local character of Ö certain Õ exemptions Östill being applied in the United Kingdom and Ireland in respect of units of measurement Õ and the limited number of products concerned, maintaining Ö these Õ exemptions would not result in a non-tariff barrier to trade and, as a consequence, there is no need to put an end to those exemptions.ê 1999/103/EC Recital 4 (adapted)6.  Certain third countries do not accept on to their market products marked exclusively in the legal units established by Ö this Õ Directive. Companies exporting their products to these countries will be disadvantaged if supplementary indications are disallowed. Supplementary indications in non-legal units should therefore Ö continue to Õ be authorised.ê 2009/3/CE Recital 6 (adapted)7.  Ö Such Õ supplementary indications could also allow the gradual and smooth introduction of new metric units which may be developed at the international level.ê 80/181/EEC Recital 9 (adapted)8.  However, the systematic application Ö of using supplementary indications Õ for all measuring instruments including for medical instruments is not necessarily desirable. The Member States should therefore be able to require that, on their territory, measuring instruments bear indications of quantity in a single legal unit of measurement.ê 80/181/EEC Recital 10 (adapted)9.  This Directive does not affect the continued manufacture of products already on the market Ö before the date of application of Directive 80/181/EC Õ. It does, however, affect the placing on the market and use of products and equipment bearing indications of quantity in units of measurement which are no longer legal units of measurement, when such products and equipment are necessary to supplement or replace components or parts of such products, equipment and instruments already on the market. It is therefore necessary for Member States to authorise the placing on the market and the use of such products and equipment to complete and replace components, even when they bear indications of quantity in units of measurement which are no longer legal units of measurement, so that products, equipment or instruments already on the market may continue to be used.ê 2009/3/CE Recital 4 (adapted)10.  Ö This Õ directive supports the smooth functioning of the internal market through the level of harmonisation of units of measurement it prescribes. In this context, it is appropriate that the Commission monitor market developments relating to that Directive and its implementation, notably as concerns possible obstacles to the functioning of the internal market and any further harmonisation required to overcome those obstacles.ê 2009/3/CE Recital 5 (adapted)11.  It is appropriate that the Commission continue to strongly pursue, in the context of its third country trade relations, including the Transatlantic Economic Council, the acceptance in third country markets of products labelled only in SI units.ê12.  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, Part B,ê 80/181/EEC (adapted)HAVE ADOPTED THIS DIRECTIVE:Article 1The legal units of measurement within the meaning of this Directive which must be used for expressing quantities shall be:(a) those listed in Chapter I of Annex Ö I Õ;ê 2009/3/EC Art.1 pt. 1 (adapted)(b) those listed in Chapter II of Annex Ö I Õ only in those Member States where they were authorised on 21 April 1973.ê 80/181/EECArticle 2ê 2009/3/EC Art. 1, pt. 2 (adapted)1. The obligations arising under Article 1 relate to measuring instruments used, measurements made and indications of quantity expressed in units of measurement.ê 80/181/EEC (adapted)2. This Directive shall not affect the use in the field of air and sea transport and rail traffic of units, other than those made compulsory by the Directive, which have been laid down in international conventions or agreements binding the Ö Union Õ or the Member States.Article 31. For the purposes of this Directive «supplementary indication» means one or more indications of quantity expressed in units of measurement not contained in Chapter I of Annex Ö I Õ accompanying an indication of quantity expressed in a unit contained in that Chapter.ê 2009/3/EC Art. 1 pt. 32. The use of supplementary indications shall be authorised.ê 80/181/EEC (adapted)However, Member States may require that measuring instruments bear indications of quantity in a single legal unit of measurement.3. The indication expressed in a unit of measurement listed in Chapter I Ö of Annex I Õ shall predominate. In particular, the indications expressed in units of measurement not listed in Chapter I shall be expressed in characters no larger than those of the corresponding indication in units listed in Chapter I.Article 4The use of units of measurement which are not or are no longer legal shall be authorised for:(a) products and equipment already on the market and/or in service on Ö 20 December 1979 Õ;(b) components and parts of products and of equipment necessary to supplement or replace components or parts of the products and equipment Ö referred to in point (a) Õ.ê 80/181/EECHowever, the use of legal units of measurement may be required for the indicators of measuring instruments.ê 1999/103/EC Art. 1 pt. 2 (adapted)Article 5Issues concerning the implementation of this Directive and, in particular, the matter of supplementary indications shall be further examined, and if necessary the appropriate measures adopted in accordance with the procedure referred to in Article 17 of Directive 2009/34/EC of the European Parliament and of the Council[8].ê 2009/3/EC Art. 1 pt. 4 (adapted)Article 6The Commission shall monitor market developments relating to this Directive and its implementation with regard to the smooth functioning of the internal market and international trade and shall submit a report on those developments, accompanied by proposals where appropriate, to the European Parliament and to the Council by 31 December 2019.ê 80/181/EEC (adapted)Article 7Member States shall ensure that the Commission is informed, in sufficient time to enable it to submit its comments, of any draft laws, regulations or administrative provisions which they intend to adopt in the field covered by this Directive.êArticle 8Directive 80/181/EEC, as amended by the Directives listed in Annex II, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex II, 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 III.Article 9This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .ê 80/181/EEC Art. 8Article 10This Directive is addressed to the Member States.Done at […],For the European Parliament For the CouncilThe President The Presidentê Corrigendum 80/181/EEC (OJ L 296, 15.10.1981, p. 52)ANNEX ICHAPTER ILEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1 (a)1. SI UNITS AND THEIR DECIMAL MULTIPLES AND SUBMULTIPLES1.1. SI base unitsQuantity | Unit |Name | Symbol |Length | metre | m |Mass | kilogram | kg |Time | second | s |Electric current | ampere | A |Thermodynamic temperature | kelvin | K |Amount of substance | mole | mol |Luminous intensity | candela | cd |ê 85/1/EEC Art. 1 pt. 1Unit of lengthA metre is the length of the path travelled in a vacuum by light during 1/299 792 458 seconds.(Seventeenth CGPM (1983), Resolution 1).ê Corrigendum 80/181/EEC (OJ L 296, 15.10.1981, p. 52)Unit of massA kilogram is a unit of mass; it is equal to the mass of the international prototype of the kilogram.(Third CGPM (1901), page 70 of the conference report).Unit of timeA second is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 atom.(Thirteenth CGPM (1967), Resolution 1).Unit of electric currentAn ampere is a constant current which, if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one metre apart in a vacuum, would produce between those conductors a force equal to 2 × 10−7 newton per metre of length.(CIPM (1946), Resolution 2, approved by the ninth CGPM (1948)).ê 2009/3/EC Art. 1 p. 5 (a)Unit of thermodynamic temperatureA kelvin, unit of thermodynamic temperature, is the fraction 1/273,16 of the thermodynamic temperature of the triple point of water.This definition refers to water having the isotopic composition defined by the following amount-of-substance ratios: 0,00015576 mole of 2H per mole of 1H, 0,0003799 mole of 17O per mole of 16O and 0,0020052 mole of 18O per mole of 16O.(Thirteenth CGPM (1967), Resolution 4 and Twenty-third CGPM (2007), Resolution 10).ê 80/181/CEEè1 2009/3/EC Art. 1 pt. 5 (b)Unit of amount of substanceA mole is the amount of substance of a system which contains as many elementary entities as there are atoms in 0·012 kilogram of carbon 12.When the mole is used, the elementary entities must be specified and may be atoms, molecules, ions, electrons, other particles, or specified groups of such particles.(Fourteenth CGPM (1971), Resolution 3).Unit of luminous intensityA candela is the luminous intensity, in a given direction, of a source that emits monochromatic radiation of frequency of 540 × 1012 hertz and that has a radiant intensity in that direction of (1/683) watt per steradian.(Sixteenth CGPM (1979), Resolution 3).1.1.1. è1 Special name and symbol of the SI derived unit of temperature for expressing Celsius temperature çQuantity | Unit |Name | Symbol |Celsius temperature | degree Celsius | °C |ê 1999/103/EC Art. 1 pt. 3(a)è1 Corrigendum 1999/103/EC (OJ L 311, 12.12.2000, p. 50)Celsius temperature è1 t ç is defined as the difference è1 t = T - T 0 ç between the two thermodynamic temperatures è1 T ç and è1 T 0 ç where è1 T 0 ç = 273,15 K. An interval or difference of temperature may be expressed either in kelvins or in degrees Celsius. The unit «degree Celsius» is equal to the unit «kelvin».ê 2009/3/EC Art.1 pt. 5(c)1.2. SI derived unitsê 2009/3/EC Art.1 pt. 5(e)1.2.1. General rule for SI derived unitsUnits derived coherently from SI base units are given as algebraic expressions in the form of products of powers of the SI base units with a numerical factor equal to 1.1.2.2 SI derived units with special names and symbolsQuantity | Unit | Expression |Name | Symbol | In terms of other SI units | In terms of SI base |Plane angle | radian | rad | m · m–1 |Solid angle | steradian | sr | m2 · m–2 |Frequency | hertz | Hz | s−1 |Force | newton | N | m · kg · s−2 |Pressure, stress | pascal | Pa | N · m−2 | m−1 · kg · s−2 |Energy, work; quantity of heat | joule | J | N · m | m2 · kg · s−2 |Power(1), radiant flux | watt | W | J · s−1 | m2 · kg · s−3 |Quantity of electricity, electric charge | coulomb | C | s · A |Electric potential, potential difference, electromotive force | volt | V | W · A−1 | m2 · kg · s−3 · A−1 |Electric resistance | ohm | Ω | V · A−1 | m2 · kg · s−3 · A−2 |Conductance | siemens | S | A · V−1 | m−2 · kg−1 · s3 · A2 |Capacitance | farad | F | C · V−1 | m−2 · kg−1 · s4 · A2 |Magnetic flux | weber | Wb | V · s | m2 · kg · s−2 · A−1 |Magnetic flux density | tesla | T | Wb · m−2 | kg · s−2 · A−1 |Inductance | henry | H | Wb · A−1 | m2 · kg · s−2 · A−2 |Luminous flux | lumen | lm | cd · sr | cd |Illuminance | lux | lx | lm · m−2 | m−2 · cd · |Activity (of a radionuclide) | becquerel | Bq | s−1 |Absorbed dose, specific energy imparted, kerma, absorbed dose index | gray | Gy | J · kg−1 | m2 · s−2 |Dose equivalent | sievert | Sv | J · kg−1 | m2 · s−2 |Catalytic activity | katal | kat | mol · s–1 |(1) Special names for the unit of power: the name volt−ampere (symbol "VA") when it is used to express the apparent power of alternating electric current, and var (symbol "var") when it is used to express reactive electric power. The "var" is not included in CGPM Resolutions. |Units derived from SI base units may be expressed in terms of the units listed in Chapter 1.In particular, derived SI units may be expressed by the special names and symbols given in the above table; for example, the SI unit of dynamic viscosity may be expressed as m−1 · kg · s−1 or N · s · m−2 or Pa · s.1.3. Prefixes and their symbols used to designate certain decimal multiples and submultiplesê 1999/103/EC Art. 1 pt. 3(c)è1 Corrigendum, 1999/103/EC (OJ L 104, 29.4.2000, p. 89)Factor | Prefix | Symbol |1024 | yotta | Y |1021 | zetta | Z |1018 | exa | E |1015 | peta | P |1012 | tera | T |109 | giga | G |106 | mega | M |103 | kilo | è1 k ç |102 | hecto | è1 h ç |101 | deca | da |10-1 | deci | d |10-2 | centi | c |10-3 | milli | m |10-6 | micro | μ |10-9 | nano | n |10-12 | pico | p |10-15 | femto | f |10-18 | atto | a |10-21 | zepto | z |10-24 | yocto | y |ê Corrigendum 80/181/EEC (OJ L 296, 15.10.1981, p. 52)The names and symbols of the decimal multiples and submultiples of the unit of mass are formed by attaching prefixes to the word «gram» and their symbols to the symbol «g».Where a derived unit is expressed as a fraction, its decimal multiples and submultiples may be designated by attaching a prefix to units in the numerator or the denominator, or in both these parts.Compound prefixes, that is to say prefixes formed by the juxtaposition of several of the above prefixes, may not be used.1.4. Special authorised names and symbols of decimal multiples and submultiples of SI unitsQuantity | Unit |Name | Symbol | Value |Volume | litre | 1 or L (1) | 1 l = 1 dm3 = 10−3 m3 |Mass | tonne | T | 1 t = 1 Mg = 103 kg |Pressure, stress | bar | bar(2) | 1 bar = 105 Pa |1 The two symbols «l» and «L» may be used for the litre unit.(Sixteenth CGPM (1979), Resolution 6); 2 Unit listed in the International Bureau of Weights and Measures booklet as among the units to be permitted temporarily. |Note: | The prefixes and their symbols listed in 1.3 may be used in conjunction with the units and symbols contained in the Table in 1.4. |2. UNITS WHICH ARE DEFINED ON THE BASIS OF SI UNITS BUT ARE NOT DECIMAL MULTIPLES OR SUBMULTIPLES THEREOFQuantity | Unit |Name | Symbol | Value |Plane angle | revolution*(1) (a) | 1 revolution = 2 π rad |grade* or gon* | gon* | 1 gon = π/200 rad |degree | ° | 1° = π/180 rad |minute of angle | ′ | 1′ = π/10 800 rad |second of angle | ″ | 1″ = π/648 000 rad |Time | minute | Min | 1 min = 60 s |hour | H | 1 h = 3 600 s |day | d | 1 d = 86 400 s |(1) The character (*) after a unit name or symbol indicates that it does not appear in the lists drawn up by the CGPM, CIPM or BIPM. This applies to the whole of this Annex. (a) No international symbol exists. |Note: | The prefixes listed in 1.3 may only be used in conjunction with the names «grade» or «gon» and the symbol «gon». |ê 1999/103/EC Art. 1 pt. 3(d)3. UNITS USED WITH THE SI, WHOSE VALUES IN SI ARE OBTAINED EXPERIMENTALLYQuantity | Unit |Name | Symbol | Definition |Energy | Electronvolt | eV | The electron volt is the kinetic energy acquired by an electron in passing through a potential difference of 1 volt in vacuum |Mass | Unified atomic mass unit | u | The unified atomic mass unit is equal to 1/12 of the mass of an atom of the nuclide 12C. |Note: | The prefixes and their symbols listed in 1.3 may be used in conjunction with these two units and with their symbols. |ê Corrigendum 80/181/EEC (OJ L 296, 15.10.1981, p. 52)4. UNITS AND NAMES OF UNITS PERMITTED IN SPECIALISED FIELDS ONLYQuantity | Unit |Name | Symbol | Value |Vergency of optical systems | dioptre* | 1 dioptre = 1 m−1 |Mass of precious stones | metric carat | 1 metric carat = 2 × 10−4kg |Area of farmland and building land | are | a | 1 a = 102 m2 |Mass per unit length of textile yarns and threads | tex* | tex* | 1 tex = 10−6 kg · m−1 |ê 85/1/EEC Art. 1 pt. 2(a)Blood pressure and pressure of other body fluids | Millimetre of mercury | mm Hg(*) | 1 mm Hg = 133,322 Pa |Effective cross-sectional area | Barn | b | 1 b = 10−28 m2 |ê Corrigendum 80/181/EEC (OJ L 296, 15.10.1981, p. 52)è1 85/1/EEC Art. 1 pt. 2(b)Note: | è1 The prefixes and their symbols listed in 1.3 may be used in conjunction with the above units and symbols, with the exception of the millimetre of mercury and its symbol. The multiple of 102a is, however, called a «hectare». ç |5. COMPOUND UNITSCombinations of the units listed in Chapter I form compound units.ê 89/617/EEC Art. 1 pt. 5(a)CHAPTER IILEGAL UNITS OF MEASUREMENT REFERRED TO IN ARTICLE 1 (b), PERMITTED FOR SPECIFIC USES ONLYField of application | Unit |Name | Approximate value | Symbol |Road traffic signs, distance and speed measurement | mile | 1 mile = | 1 609 m | mile |yard | 1 yd = | 0,9144 m | yd |foot | 1 ft = | 0,3048 m | ft |inch | 1 in = | 2,54 × 10−2m | in |Dispense of draught beer and cider; milk in returnable containers | pint | 1 pt = | 0,5683 × 10−3m3 | pt |Transaction in precious metals | troy ounce | 1 oz tr = | 31,10 × 10−3 kg | oz tr |‘The units listed in this Chapter may be combined with each other or with those in Chapter I to form compound units._____________éANNEX IIPart ARepealed Directive with list of its successive amendments (referred to in Article 8)Council Directive 80/181/EEC | (OJ L 39, 15.2.1980, p. 40) |Council Directive 85/1/EEC | (OJ L 2, 3.1.1985, p. 11) |Council Directive 89/617/EEC | (OJ L 357, 7.12.1989, p. 28) |Directive 1999/103/EC of the European Parliament and of the Council | (OJ L 34, 9.2.2000, p. 17) |Directive 2009/3/EC of the European Parliament and of the Council | (OJ L 114, 7.5.2009, p. 10) |Part BList of time-limits for transposition into national law and application (referred to in Article 8)Directive | Time-limit for transposition | Date of application |80/181/EEC | 30 June 1981 | 1 October 1981 |85/1/EEC | 1 July 1985 | - |89/617/EEC | 30 November 1991 | - |1999/103/EC | 8 February 2001 | - |2009/3/EC | 31 December 2009 | 1 January 2010 |_____________ANNEX IIICorrelation TableDirective 80/181/EEC | This Directive |Article 1(a) and (b) | Article 1(a) and (b) |Article 1 (c) and (d) | - |Article 2 (a) | Article 2 (1) |Article 2 (b) | Article 2 (2) |Article 3 (1) | Article 3 (1) |Article 3 (2) | Article 3 (2), first paragraph |Article 3 (3) | Article 3 (2), second paragraph |Article 3 (4) | Article 3 (3) |Article 4, first paragraph, introductory sentence | Article 4, first paragraph, introductory sentence |Article 4, first paragraph, first indent | Article 4, first paragraph, point (a) |Article 4, first paragraph, second indent | Article 4, first paragraph, point (b) |Article 4, second paragraph | Article 4, second paragraph |Article 5 |Article 6 | - |Article 6a | Article 5 |Article 6b | Article 6 |Article 7 (a) | - |Article 7 (b) | Article 7 |- | Article 8 |- | Article 9 |Article 8 | Article 10 |Annex, Chapter I, points 1.-1.2. | Annex I, Chapter 1, points 1.-1.2. |Annex, Chapter I, point 1.2.1. | - |Annex, Chapter I, point 1.2.2. | Annex I, Chapter I, point 1.2.1. |Annex, Chapter I, point 1.2.3. | Annex I, Chapter I, point 1.2.2. |Annex, Chapter I, points 1.3. - 5. | Annex I, Chapter I, points 1.3. - 5. |Annex, Chapter II | Annex I, Chapter II |Annex, Chapters III and IV | - |- | Annex II |- | Annex III |_____________[1] COM(87) 868 PV.[2] See Annex 3 to Part A of the Conclusions.[3] 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.[4] See Annex II, Part A of this proposal.[5] OJ C […], […], p. […].[6] OJ L 39, 15.2.1980, p. 40.[7] See Annex II, Part A.[8] OJ L 106, 28.4.2009, p. 7.