CELEX: 52007PC0446
Language: en
Date: 2007-07-25
Title: Proposal for a Directive of the European Parliament and of the Council on non-automatic weighing instruments (Codified version)

Important legal notice

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52007PC0446

Proposal for a Directive of the European Parliament and of the Council on non-automatic weighing instruments (Codified version)  /* COM/2007/0446 final - COD 2007/0164 */  

	[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |Brussels, 25.7.2007COM(2007) 446 final2007/0164 (COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon non-automatic weighing instruments (Codified version)(presented by the Commission)EXPLANATORY MEMORANDUM1. In the context of a people’s Europe, the Commission attaches great importance to simplifying and clarifying Community law so as to make it clearer and more accessible to the ordinary citizen, thus giving him new opportunities and the chance to make use of the specific rights it gives him.This aim cannot be achieved so long as numerous provisions that have been amended several times, often quite substantially, remain scattered, so that they must be sought partly in the original instrument and partly in later amending ones. Considerable research work, comparing many different instruments, is thus needed to identify the current rules.For this reason a codification of rules that have frequently been amended is also essential if Community law is to be clear and transparent.2. On 1 April 1987 the Commission therefore decided[1] 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.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 Community legislative procedure.Given that no changes of substance may be made to the instruments affected by codification , the European Parliament, the Council and the Commission have agreed, by an interinstitutional agreement dated 20 December 1994, that an accelerated procedure may be used for the fast-track adoption of codification instruments.4. The purpose of this proposal is to undertake a codification of Council Directive 90/384/EEC of 20 June 1990 on the harmonization of the laws of the Member States relating to non-automatic weighing instruments[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 all official languages, of Directive 90/384/EEC and the instrument amending it, carried out by the Office for Official Publications of the European Communities, by means of a data-processing system . Where the Articles have been given new numbers, the correlation between the old and the new numbers is shown in a table contained in Annex VII to the codified Directive. 90/384/EEC (adapted)2007/0164 (COD)Proposal for aDIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCILon non-automatic weighing instruments(Text with EEA relevance)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article  95  thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Economic and Social Committee[5],Acting in accordance with the procedure laid down in Article 251 of the Treaty[6],Whereas:1.  Council Directive 90/384/EEC of 20 June 1990 on the harmonization of the laws of the Member States relating to non-automatic weighing instruments[7] has been substantially amended[8]. In the interests of clarity and rationality the said Directive should be codified. 90/384/EEC Recital 12.  Member States have the responsibility of protecting the public against incorrect results of weighing operations by means of non-automatic weighing instruments when used for certain categories of applications. 90/384/EEC Recital 23.  In each Member State, mandatory provisions fix in particular the necessary performance requirements of non-automatic weighing instruments by specifying metrological and technical requirements, together with inspection procedures before and after going into service. These mandatory provisions do not necessarily lead to different levels of protection from one Member State to another but do, by their disparity, impede trade within the Community. 90/384/EEC Recital 5 (adapted)4.  This Directive should set out mandatory and essential requirements  as regards metrology and performance in relation to non-automatic weighing instruments . To facilitate proof of conformity with the essential requirements, it is necessary to have harmonised standards at European level, in particular as to the metrological, design and construction characteristics, so that instruments complying with those harmonised standards may be assumed to conform to the essential requirements. These standards, harmonised at European level, are drawn up by private bodies and must remain non-mandatory texts. For that purpose the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (Cenelec)  and the European Telecommunications Standards Institute (ETSI)  are recognised as the competent bodies for the adoption of harmonised standards in accordance with the general guidelines for cooperation between the Commission,  the European Free Trade Association (EFTA)  and those  three  bodies, signed on 28 March 2003[9]. 93/68/EEC Recitals 1, 2 and 3 (adapted)5.   The Council has adopted a series of Directives designed to remove technical barriers to trade in accordance with the principles established in its Resolution of 7 May 1985 on a new approach to technical harmonisation and standards[10]; each of these Directives provides for the affixing of the ‘CE’ marking. In its communication of 15 June 1989 on a global approach to certification and testing[11], the Commission proposed that common rules be drawn up concerning a ‘CE’ conformity marking with a single design. In its Resolution of 21 December 1989 on a global approach to conformity assessment[12], the Council approved as a guiding principle the adoption of a consistent approach such as this with regard to the use of the ‘CE’ marking.  The two basic elements of the new approach which must be applied are therefore the essential requirements and the conformity assessment procedures. 90/384/EEC (adapted)6.  Assessment of conformity with the relevant metrological and technical provisions is necessary to provide effective protection for users and third parties. The existing conformity assessment procedures differ from one Member State to another. To avoid multiple assessments of conformity, which are in effect barriers to the free movement of the instruments, arrangements should be made for the mutual recognition of conformity assessment procedures by the Member States. To facilitate the mutual recognition of conformity assessment procedures, Community procedures should be set up, together with criteria for the designation of the bodies responsible for carrying out tasks pertaining to the conformity assessment procedures. 90/384/EEC 93/68/EEC Art. 8 pt. 17.  It is therefore essential to ensure that such designated bodies ensure a high level of quality throughout the Community.8.  The presence on a non-automatic weighing instrument of the  CE conformity marking  or of the sticker bearing the letter ‘M’ should indicate that there is a presumption that it satisfies the provisions of this Directive and therefore make it unnecessary to repeat the assessments of conformity already carried out.9.  This Directive should be without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VII, Part B, 90/384/EECHAVE ADOPTED THIS DIRECTIVE:CHAPTER 1Scope, placing on the market, free movementArticle 11. This Directive shall apply to all non-automatic weighing instruments.2. For the purposes of this Directive, the following categories of use of non-automatic weighing instruments shall be distinguished:(1) (a) determination of mass for commercial transactions;(b) determination of mass for the calculation of a toll, tariff, tax, bonus, penalty, remuneration, indemnity or similar type of payment;(c) determination of mass for the application of laws or regulations; expert opinion given in court proceedings;(d) determination of mass in the practice of medicine for weighing patients for the purposes of monitoring, diagnosis and medical treatment;(e) determination of mass for making up medicines on prescription in a pharmacy and determination of mass in analyses carried out in medical and pharmaceutical laboratories;(f) determination of price on the basis of mass for the purposes of direct sales to the public and the making-up of prepackages;(2) all applications other than those listed in point (1). 90/384/EEC (adapted) Article 2  For the purposes of this Directive, the following definitions shall apply:  90/384/EEC Art 1(1) first and second subparagraphs(1) ‘weighing instrument’: a measuring instrument serving to determine the mass of a body by using the action of gravity on that body. A weighing instrument may also serve to determine other mass-related magnitudes, quantities, parameters or characteristics;(2) ‘non-automatic weighing instrument’: a weighing instrument requiring the intervention of an operator during weighing, hereinafter referred to as ‘instrument’; 90/384/EEC Recital 5 last sentence (adapted)(3) ‘harmonised standard’: a technical specification (European standard or harmonised document) adopted by the European Committee for Standardisation (CEN),the European Committee for Electrotechnical Standardisation (CENELEC),  or the European Telecommunications Standards Institute (ETSI) , or by  two or three  of those bodies, upon a remit from the Commission in accordance with Directive  98/34/EC of the European Parliament and of the Council [13] and the general guidelines for cooperation between the Commission, the European Free Trade Association (EFTA) and those three bodies, signed on 28 March 2003. 90/384/EECArticle 31. Member States shall take all steps to ensure that only instruments that meet the requirements of this Directive may be placed on the market. 93/68/EEC Art. 8 pt. 2 (adapted)2. Member States shall take all steps to ensure that instruments may not be brought into service for the uses  referred to  in point (1) of Article 1(2) unless they meet the requirements of this Directive, and accordingly bear the CE marking provided for in Article 11. 90/384/EECArticle 4Instruments used for the applications listed in point (1) of Article 1(2) must satisfy the essential requirements set out in Annex I.In cases where the instrument includes, or is connected to, devices which are not used for the applications listed in point (1) of Article 1(2), such devices shall not be subject to the essential requirements.Article 51. Member States shall not impede the placing on the market of instruments which meet the requirements of this Directive.2. Member States shall not impede the putting into service, for the uses referred to in point (1) of Article 1(2), of instruments which meet the requirements of this Directive.Article 61. Member States shall presume conformity with the essential requirements set out in Annex I in respect of instruments which comply with the relevant national standards implementing the harmonised standards that meet those requirements.2. The Commission shall publish the references of the harmonised standards referred to in paragraph 1 in the Official Journal of the European Union.Member States shall publish the references of the national standards referred to in paragraph 1.Article 7 90/384/EEC (adapted)Where a Member State or the Commission considers that the harmonised standards referred to in Article 6(1) do not fully meet the essential requirements set out in Annex I, the Commission or the Member State concerned shall bring the matter before the Standing Committee set up under  Article 5 of  Directive 98/34/EC, hereinafter referred to as ‘the Committee’, giving its reasons for doing so. 90/384/EEC 93/68/EEC Art. 8 pt. 1The Committee shall deliver an opinion without delay.In the light of the Committee's opinion, the Commission shall inform the Member States whether or not it is necessary to withdraw those standards from the publications referred to in Article 6(2).Article 81. Where a Member State considers that instruments bearing the  CE conformity marking  referred to in Annex II, points 2, 3 and 4, do not meet the requirements of this Directive when properly installed and used for the purposes for which they are intended, it shall take all appropriate measures to withdraw those instruments from the market or to prohibit or restrict their being put into service and/or placed on the market.The Member State concerned shall immediately inform the Commission of any such measure, indicating the reasons for its decision, and in particular whether non-compliance is due to:(a) failure to meet the essential requirements set out in Annex I, where instruments do not meet the harmonised standards referred to in Article 6(1);(b) incorrect application of the harmonised standards referred to in Article 6(1);(c) shortcomings in the harmonised standards referred to in Article 6(1) themselves.2. The Commission shall enter into consultation with the parties concerned as soon as possible.After such consultation the Commission shall immediately inform the Member State which took the action of the result. Should it find that the measure is justified it shall immediately inform the other Member States.If the decision is attributed to shortcomings in the standards, the Commission, after consulting the parties concerned, shall bring the matter before the Committee within two months if the Member State which has taken the measures intends to maintain them, and shall subsequently initiate the procedures referred to in Article 7.3. Where an instrument which does not comply bears the  CE conformity marking , the competent Member State shall take appropriate action against whomsoever has affixed the marking and shall inform the Commission and the other Member States thereof.4. The Commission shall ensure that the Member States are kept informed of the progress and outcome of this procedure.CHAPTER 2Conformity assessmentArticle 91. The conformity of instruments to the essential requirements set out in Annex I may be certified by either of the following procedures as selected by the applicant:(a) EC type examination as referred to in Annex II, point 1, followed either by the EC declaration of type conformity (guarantee of production quality) as referred to in Annex II, point 2, or by the EC verification as referred to in Annex II, point 3.However, EC type examination shall not be compulsory for instruments which do not use electronic devices and whose load-measuring device does not use a spring to balance the load;(b) EC unit verification as referred to in Annex II, point 4. 90/384/EEC (adapted)2. The documents and correspondence relating to the procedures referred to in paragraph 1 shall be drafted in an official language of the Member State where the said procedures are to be carried out, or in a language accepted by the body  notified in accordance with Article 10(1) . 93/68/EEC Art. 8 pt. 33. Where the instruments are subject to other Directives covering other aspects and which also provide for the affixing of the CE conformity marking, the latter shall indicate that the instruments in question are also presumed to conform to the provisions of those other Directives.However, where one or more of the Directives which apply to the instruments allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE conformity marking shall indicate conformity only to the Directives applied by the manufacturer. In this case, particulars of the Directives applied, as published in the Official Journal of the European Union , must be given in the documents, notices or instructions required by the Directives and accompanying such instruments. 90/384/EECArticle 10 93/68/EEC Art. 8 pt. 41. Member States shall notify the Commission and the other Member States of the bodies which they have appointed to carry out the procedures referred to in Article 9 together with the specific tasks which these bodies have been appointed to carry out and the identification numbers assigned to them beforehand by the Commission.The Commission shall publish in the Official Journal of the European Union a list of the notified bodies and their identification numbers and the tasks for which they have been notified. The Commission shall ensure that this list is kept up to date. 90/384/EEC 93/68/EEC Art. 8 pt. 12. Member States shall apply the minimum criteria set out in Annex V for the designation of bodies. Bodies which satisfy the criteria fixed by the relevant harmonised standards shall be presumed to satisfy the criteria set out in that Annex.3. A Member State which has designated a body shall cancel the designation if the body no longer meets the criteria for designation referred to in paragraph 2. It shall immediately inform the other Member States and the Commission thereof and withdraw the notification.CHAPTER 3 CE conformity marking  and inscriptionsArticle 111. The  CE conformity marking  and the required supplementary data as described in Annex IV, point 1, shall be affixed in a clearly visible, easily legible and indelible form to instruments for which EC conformity has been established.2. The inscriptions referred to in Annex IV, point 2, shall be affixed in a clearly visible, easily legible and indelible form to all other instruments. 93/68/EEC Art. 8 pt. 53. The affixing of markings on the instruments, which are likely to deceive third parties as to the meaning and form of the CE marking, shall be prohibited. Any other marking may be affixed to the instruments provided that the visibility and legibility of the CE markings is not thereby reduced. 93/68/EEC Art. 8 pt. 6Article 12Without prejudice to Article 8:(a) where a Member State establishes that the CE conformity marking has been affixed unduly, the manufacturer or his authorised representative established within the Community shall be obliged to make the instrument conform as regards the provisions concerning the CE marking and to end the infringement under the conditions imposed by the Member State;(b) where non-conformity continues, the Member State must take all appropriate measures to restrict or prohibit the placing on the market of the instrument in question or to ensure that it is withdrawn from the market in accordance with the procedures laid down in Article 8. 90/384/EEC 93/68/EEC Art. 8 pt. 1Article 13Where an instrument which is used for any of the applications referred to in point (1) of Article 1(2) includes, or is connected to, devices that have not been subject to conformity assessment as referred to in Article 9, each of these devices shall bear the symbol restricting its use as defined by Annex IV, point 3. That symbol shall be affixed to the devices in a clearly visible and indelible form.CHAPTER 4Final provisionsArticle 14Member States shall take all steps to ensure that instruments bearing the  CE marking  attesting conformity with the requirements of this Directive continue to conform to those requirements.Article 15Any decision taken pursuant to this Directive and resulting in restrictions on the putting into service of an instrument shall state the exact grounds on which it is based.Such a decision shall be notified without delay to the party concerned, who shall at the same time be informed of the judicial remedies available to him under the laws in force in the Member State in question and of the time limits to which such remedies are subject.Article 16 90/384/EEC (adapted)Member States shall communicate to the Commission the texts of the  main  provisions of national law which they adopt in the field covered by this Directive.Article 17Directive 90/384/EEC, as amended by the Directive listed in Annex VII, Part A, is repealed, without prejudice to the obligations of the Member States relating to the time-limits for transposition into national law and application of the Directives set out in Annex VII, Part B.References to the repealed Directive shall be construed as references to this Directive and shall be read in accordance with the correlation table in Annex VIII.Article 18This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . 90/384/EECArticle 19This Directive is addressed to the Member States.Done at Brussels,For the European Parliament For the CouncilThe President The President 90/384/EEC (adapted)ANNEX I ESSENTIAL REQUIREMENTS  90/384/EEC Corrigendum 90/384/EEC (OJ L 258, 22.9.1990, p. 35)The terminology used is that of the  Organisation Internationale de Métrologie Légale .Preliminary observationWhere an instrument includes, or is connected to, more than one indicating or printing device used for the applications listed in point 1 of Article 1(2), those devices which repeat the results of the weighing operation and which cannot influence the correct functioning of the instrument shall not be subject to the essential requirements if the weighing results are printed or recorded correctly and indelibly by a part of the instrument which meets the essential requirements and the results are accessible to both parties concerned by the measurement. However, in the case of instruments used for direct sales to the public, display and printing devices for the vendor and the customer must fulfil the essential requirements.METROLOGICAL REQUIREMENTS1. Units of massThe units of mass used shall be the legal units within the meaning of Council Directive 80/181/EECè1 [14] .Subject to compliance with this condition, the following units are permitted:-   SI units : kilogram, microgram, milligram, gram, tonne,-  Imperial units: pound, ounce (avoirdupois), Troy ounce,-  other non-SI units: metric carat, if weighing precious stones.For instruments that make use of the Imperial units of mass referred to above, the relevant essential requirements specified below shall be converted to the said Imperial units, using simple interpolation.2. Accuracy classes2.1. The following accuracy classes have been defined:I | special |II | high |III | medium |IIII | ordinary |The specifications of these classes are given in Table 1.TABLE 1Accuracy classesClass | Verification scale interval (e) | Minimum capacity (Min) | Number of verification scale intervals n = Max …..e |minimum value | minimum value | maximum value |I | 0,001 | g ≤ e | 100 e | 50 000 | — |II | è1 0,001 ç | è1 g ≤ e ≤ 0,05 g ç | 20 e | 100 | 100 000 |0,1 | g ≤ e | 50 e | 5 000 | 100 000 |III | 0,1 | g ≤ e ≤ 2 g | 20 e | 100 | 10 000 |5 | g ≤ e | 20 e | 500 | 10 000 |IIII | 5 | g ≤ e | 10 e | 100 | 1 000 |The minimum capacity is reduced to 5e for instruments in classes II and III for determining a conveying tariff.2.2. Scale intervals2.2.1. The actual scale interval (d) and the verification scale interval (e) shall be in the form:1 × 10k, 2 × 10k, or 5 × 10k mass units,k being any integer or zero.2.2.2. For all instruments other than those with auxiliary indicating devices:d = e2.2.3. For instruments with auxiliary indicating devices the following conditions apply:e = 1 × 10k gd < e ≤ 10 dexcept for instruments of  class I  with d < 10− 4 g, for which e = 10− 3 g.3. Classification3.1. Instruments with one weighing rangeInstruments equipped with an auxiliary indicating device shall belong to class I or class II. For these instruments the minimum capacity lower limits for these two classes are obtained from Table 1 by replacement in column 3 of the verification scale interval (e) by the actual scale interval (d).If d < 10− 4 g, the maximum capacity of  class I  may be less than 50 000 e.3.2. Instruments with multiple weighing rangesMultiple weighing ranges are permitted, provided they are clearly indicated on the instrument. Each individual weighing range is classified according to 3.1. If the weighing ranges fall into different accuracy classes the instrument shall comply with the severest of the requirements that apply for the accuracy classes in which the weighing ranges fall.3.3. Multi-interval instruments3.3.1. Instruments with one weighing range may have several partial weighing ranges (multi-interval instruments).Multi-interval instruments shall not be equipped with an auxiliary indicating device.3.3.2. Each partial weighing  range i  of multi-interval instruments is defined by:its verification scale interval ei | with | e(i + 1) | > ei |its maximum capacity Maxi | with | Maxr | = Max |its minimum capacity Mini | with | Mini | = Max (i − 1) |and | Min1 | = Min |-  where:i = 1, 2, … r,i = partial weighing range number,r = the total number of partial weighing ranges.All capacities are capacities of net load, irrespective of the value of any tare used.3.3.3. The partial weighing ranges are classified according to Table 2. All partial weighing ranges shall fall into the same accuracy class, this class being the instrument's accuracy class.TABLE 2Multi-interval instrumentsi = 1, 2, … ri = partial weighing range numberr = total number of partial weighing rangesClass | Verification scale interval (e) | Minimum capacity (Min) | Number of verification scale intervals |Minimum value | Minimum value(1) n = Maxi …..e(i+1) | Maximum value n = Maxi …..ei |I | 0,001 | g ≤ ei | 100 e1 | 50 000 | — |II | 0,001 | g ≤ ei ≤ 0,05 g | 20 e1 | 5 000 | 100 000 |0,1 | g ≤ ei | 50 e1 | 5 000 | 100 000 |III | 0,1 | g ≤ ei | 20 e1 | 500 | 10 000 |III | 5 | g ≤ ei | 10 e1 | 50 | 10 00 |(1) For i = r the corresponding column of Table 1 applies, with e replaced by er. |4. Accuracy4.1. On implementation of the procedures laid down in Article 9, the error of indication shall not exceed the maximum permissible error of indication as shown in Table 3. In case of digital indication the error of indication shall be corrected for the rounding error.The maximum permissible errors apply to the net and tare value for all possible loads, excluded preset tare values.TABLE 3Maximum permissible errorsLoad | Maximum permissible error |Class I | Class II | Class III | Class IIII |Council Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1) | Article 1 pt. 7 and Article 8 only |Part BList of time-limits for transposition into national law and application (referred to in Article 17)Directive | Time-limit for transposition | Date of application |90/384/EEC | 30 June 1992 | 1 January 1993[15] |93/68/EEC | 30 June 1994 | 1 January 1995[16] |_____________ANNEX VIIICorrelation TableDirective 90/384/EEC | This Directive |Article 1(1), first subparagraph | Article 2, point (1) |Article 1(1), second subparagraph | Article 2, point (2) |Recital 5, last sentence | Article 2, point (3) |Article 1(1), third subparagraph | Article 1(1) |Article 1(2), introductory wording | Article 1(2), introductory wording |Article 1(2)(a)(1) | Article 1(2), point (1)(a) |Article 1(2)(a)(2) | Article 1(2), point (1)(b) |Article 1(2)(a)(3) | Article 1(2), point (1)(c) |Article 1(2)(a)(4) | Article 1(2), point (1)(d) |Article 1(2)(a)(5) | Article 1(2), point (1)(e) |Article 1(2)(a)(6) | Article 1(2), point (1)(f) |Article 1(2)(b) | Article 1(2), point (2) |Article 2 | Article 3 |Article 3 | Article 4 |Article 4 | Article 5 |Article 5 | Article 6 |Article 6, first paragraph, first sentence | Article 7, first paragraph |Article 6, first paragraph, second sentence | Article 7, second paragraph |Article 6, second paragraph | Article 7, third paragraph |Article 7 | Article 8 |Article 8(1) and (2) | Article 9(1) and (2) |Article 8(3)(a) | Article 9(3), first subparagraph |Article 8(3)(b) | Article 9(3), second subparagraph |Article 9 | Article 10 |Article 10 | Article 11 |Article 11 | Article 12 |Article 12 | Article 13 |Article 13 | Article 14 |Article 14, first sentence | Article 15, first paragraph |Article 14, second sentence | Article 15, second paragraph |Article 15(1) to (3) | - |Article 15(4) | Article 16 |Article 15(5) | - |- | Article 17 |- | Article 18 |Article 16 | Article 19 |Annexes I to VI | Annexes I to VI |- | Annex VII |- | Annex VIII |_____________ [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 VII, Part A of this proposal.[5] OJ C […], […], p. […].[6] OJ C […] ,[…], p. […].[7] OJ L 189, 20.7.1990, p. 1. Directive as amended by Directive 93/68/EEC (OJ L 220, 30.8.1993, p. 1).[8] See Annex VII, Part A.[9] OJ C 91, 1.4.2003, p. 7.[10] OJ C 136, 4.6.1985, p. 1.[11] OJ C 231, 8.9.1989, p. 3 and OJ C 267, 19.10.1989, p. 3.[12] OJ C 10, 16.1.1990, p. 1.[13] OJ L 204, 21.7.1998, p. 37.[14] OJ L 39, 15.2.1980, p. 40.[15] In accordance with Article 15(3) of Directive 90/384/EEC Member States shall permit during a period of 10 years from the date on which they apply the provisions of that Directive, the placing on the market and/or putting into service of instruments which conform to the rules in force before 1 January 1993.[16] In accordance with Article 14(2) of Directive 93/68/EEC: “Until 1 January 1997, Member States shall allow the placing on the market and the bringing into service of products which comply with the marking arrangements in force before 1 January 1995”.