CELEX: 51974PC1871
Language: en
Date: 1974-11-19
Title: PROPOSAL FOR A COUNCIL DIRECTIVE on the harmonization of the laws of the Member States concerning aleoholometers and hydrometers for alcohol and alcohol tables (submitted to the Council by the Commission)

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COM (74) 1871
Vol. 1974/0296
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                         COM(74)1871 final
                                                         Brussels , 19 November 1974
                       PROPOSAL FOR A COUNCIL DIRECTIVE
            on the harmonization of the laws of the Member States
  concerning aleoholometers and hydrometers for alcohol and alcohol tables
                 ( submitted to the Council by the Commission)
   COK(74) 1871 final
 ---pagebreak---                             EXPLANATORY MEFORAHDOI !
This directive has been drafted pursuant to Article 100 of the Treaty-
establishing the European Economic Community .       It comes within the
ambit of the removal of technical barriers to trade and is to be read
closely with the Council Directive 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 control .
The aim of the directive is the harmonization of provisions laid down by
law , regulation or administrative action concerning the definition of
the proportion of alcohol in mixtures of water and alcohol and the
design and procedures for the approval and testing of alcoholometers
and hydrometers for alcohol which are used to measure these proportions .
Although one result of this directive will be the free movement of such
measuring instruments , there is not sufficient trade in them to justify ,
either the preparation of a directive or the priority which the Council
in its resolution on industrial policy of 19 December 1973 f asked the
Commission to observe in forwarding the corresponding proposal . The
main benefit which will come from the adoption of this directive is that
it should serve to eliminate any disagreements arising in trade in
alcohol , wines , spirits , etc ., as regards the determination of the
proportion of alcohol in these mixtures .
This is why , even without the urgent demands made by several Member
States , the preparation of such a directive was so keenly desired by
the competent departments of the Commission, the Directorate-Genera-1
for Agriculture and the Directorate-General for Financial Institutions
and Taxation .
 ---pagebreak---                                      - 2 -
Ax present , regulations m this field differ from one country to another .
Even within the Ccrxmnity the alooholometric tables used are based on
measurements performed "by various authors and on equally varying ways
of utilizing these measurements ;   this causes a certain amount of
confusion and is clearly liable to give rise to disputes .       The French
tables , for example , refer to Gay--Lussac measurements ( 1324 ) even though
a revised version has been operative since 1834-
In Cermany , the " Reichsanstalt fur Masse und Gewichte" worked out a table
based on the work and measurements of Mendeleeff (yet this does not accord
with the Soviet tables , which were also based on the work of Mendeleeff) .
The Alcohol Monopoly Department cf the Federal German Republic has drawn
up practical tables based on the table used by the "Reichsanstalt fur
Masse und Gewichte ", but it also uses a table based on the work of 0 .
Reichard .   Moreover , the German spirits industry uses a volumetric
concentration table based on the work of Tralles and adapted by the
" Reichsanstalt fur Masse und Gewichte ".
In the United Kingdom , Sikes alcoholometers are normally used ;     these
differ quite considerably in design and use from the glass alcoholometers
used in other countries .
Furthermore , many tables differ as to the reference temperature adopted ,
i.e. , 15°C ~ 15.556°^ - 17°5°C - 20°C , and also in the range of temperature
covered .
Confusion has been just as widespread outside the Community , and hence
it is that the International Organization of Legal Metro log;'- ( ZOLM ) was
given the task of standardizing the method of measuring the proportion
of alcohol .   It was the result of this work (-•jhich culminated in 1973
as regards a definition of alcohol proportion , although still awaiting
official approval by the IOLM and is almost complete as far as instruments
are concerned ) which served as the basis for the preparation of this
proposal for a directive .
The             experts convened by the Commission as a ivorking party rrere
unanimous in considering the work basis selected by the Commission to be
the best one .   They also expressed unanimous agreement on virtually the
whole of the proposed text , which was aligned as far as possible on the
relevant IOLK recommendations .
 ---pagebreak---                                        3
 Only a few minor technical points were not approved by the vant majority
 cf expert 3 present .  It was impossible , Lo::evcr , for the texts of the
 IOLtl recommendations and the Council directive- to "be identical :  the
 entire section dealing with the use of alcoholometers and hydrometers
 for alcohol in the laboratory and corresponding in the IOLM text to the
way the instruments are used had no place in the Community directive
on the free movement of such appliances .     On the other hand , everything
to do with instrument marking to allow them free movement across frontiers
 could obviously be included in the Community directive only .       Apart from
these few points , general layout and minor details , the text of the
technical annex to the directive is identical to the text of the IOIM
recommendations .
This is why the adoption of this directive , whilst creating the minimum
of order necessary within the Community to permit free movement of
alcoholic liquids for the greater benefit of consumers with no further
confusion or disputes as to alcoholic content ^ will not be a protectionist
measure since it complies with decisions taken in the widest international
context .    It is more or less certain that , sooner or later , the Member
States concerned will adopt similar regulations and it would be desirable
for the Community , which is closely affected "py both the intra- and extras- '
Community trade in alcohol-based products , to be in the forefront as
regards officially following the international recommendations in this
field .
Consultation with the European Parliament and the Economic and Social
Committee
In accordance with the provisions of the second paragraph of Article 100 ,
the opinions of these two authorities are needed .
Implementation of the requirements of the directive will mean that some
Member States will have to amend their legislation .
 ---pagebreak---                        PROPOSAL FOR A COUNCIL DIKE01T75
        on the harmonization of the lavs of the I'ember States concerning
         alcoholometers and hydrometers for alcohol and alcohol tables
 i'ln COUNCIL OF THE EUROPEAN COMMUNITIES ,
 Having regard to the Treaty establishing the European Economic Community ,
 and in particular Article 100 thereof ;
 Having regard to the proposal from the Commission ;
 Having regard to the Opinion of the European Parliament ;
 Having regard to the Opinion of the Economic and Social Committee ;
 Whereas in several Member States there are laws eoncsmiits the determination of the
alcohol io strength of a mixture of water a^d alcohol ? and KhOTsas these lr.Tfs
 differ from one Member State to another thus creating obstacles to trade ;
 whereas , accordingly there is a need for harmonization at Community level
 in this field and the establ irjhnent of a common definition ;
 Whereas the definition, design and procedures for the approval and testing
 of alcoholometers and hydrometers for alcohol are the subject of mandatory
 provisions which vary from State to State and thus impede the movement of
 and trade in these instruments within the Community , and whereas ,
 these provisions should therefore be approximated *
 Whereas harmonization of the provisions laid do™ by law , regulation     or
 administrative action concerning these instruments is also essential to
 complement that relating to a common method for determining the proportion
 of alcohol on the basis of measurements taken , in order to remove any
 ambiguity or risk of dispute over the result of such measurements ;
 ---pagebreak---                                                    2
                                       »
Whereas the Council Directive of 26 July 1971 on the approximation of
the laws of the Member States concerning common provisions on measuring
instruments and on methods of approval and testing               has laid down EEC
pattern approval and initial testing procedures ;              whereas , ±-% iB neoessary in order to
ooaply with that Directive t,o lpy dotm in r&rroeVv orf alcoholometers p.nd
hydrometers for alcohol technical requirements in respect of design and
operation to which these instruments saist               conform in order that they
may be freely imported , marketed and used after being tested and provided
with the presori"!>ed np^.'s and signs ;
Whereas the abovementioned Directive also provides that , when conditions
so permit           relerwart specif j.c Directive rxxfr specify the cLit® "a? which each Merfbe?
State shall repeal the national provisions applying to instruments
similar to those which comply with the Community provisions , and whereas
in t\e nT-ssseFj'fc                 no't:i y°^ possible to fix this date ;
HAS ADOPTED THIS DIRECTIVE :
                                            Article 1
The purpose of this Directive is               *
 ( a)to define the method of expressing the proportion of ethyl alcohol
        ( ethanol ) present in a mixture of water and alcohol and the
        measurements to be carried out for its determination , and to
        give a formula to enable tables to be drawn up for calculating this
        proportion ^          "testis of     -the measurements carried out ;
 ( b^oiay down specifications concerning alcoholometers and hydrometers
        for alcohol                 used to determine the proportion of alcohol
        in mixtures of water and ethanol .
    OJ ITo L 202 , 6 September 1971
 ---pagebreak---                                       Article 2
 The proportion of alcohol in a mixture of water and alcohol shall "be calculated
 from measurements carried out with EEC alcoholometers or hydrometers for
 alcohol and       using alcoholomatric tables drawn up on the "basis of the
 f > rraula shown in Annex I hsrato .
                                      Article 3
The alcoholometers and hydrometers for alcohol which may be accorded EEC
marks and signs are described in Annex IX hereto .
Snoh ineimments tàail         subjoot t-o HOC patisMi- appr»ffral aad ehall toidergo EEC
ini. trial vilificati on .
                                      Article 4
No Member State may prevent , prohibit or restrict the sale or the use of
any alcoholometer or hydrometer for alcohol bearing EEC marks and signs .
                                      Article 5
1.      Member States shall put into force the provisions laid down by law,
regulation and administrative action which are necessary to comply with
this Directive within eighteen months of its notification and shall
forthwith inform the Commission thereof .
2.      Member States shall ensure that the Commission is informed of the texts
of the main provisions of national law which they adopt in the field covered
by this Directive .
                                      Article 6
This Directive is addressed to the Member States .
 ---pagebreak---                                             AHNEX I
                                     ALCOHOL PROPORTION
1.    ■
       lEFIFITIOIT
        1     I ■ ■ ■ m I
ihs " proportion of alcohol "by volume" in a mixture of water and alcohol
is the ratio of the volume of alcohol present in the mixture at 20°C to
the total volume of the mixture at the same temperature .
The " proportion of alcohol by mass" in a mixture of water and alcohol is
the ratio of the mass of alcohol present in this mixture to the total
mass of the mixture .
2*    EXPRESSION OF TEE PROPORTION OF ALCOHOL per hundred parts of the
mixture .
The symbols are :
"% vol" for the proportion of alcohol "by volume ,
"/o mass" for the proportion of alcohol by mass .
3.    DETERM INAT31 0N 0? THE PR0P0RTI0N 0? ALC0H0L
The procedures to be carried out to determine the proportion of alcohol
are :
- the reading of an alcoholometer or hydrometer for alcohol , or the
   weighing of a pycnometer , at the temperature of the mixture ;
- the measurement of the temperature of the mirrfcure .
The results are obtained from the international alcohol tables .
4«    FORI TULA for the calculation of ALCOHOL TABLES for mixtures of ethyl
alcohol and water .
The density               expressed in kilograms per cubic metre (kg/m^) f of a
mixture of ethyl alcohol and water at a temperature t , expressed in degrees
Celsius , is given by the following formula as a function of :
                                                                     *
- the proportion by mass p , expressed as a decimal number
- the temperature t , expressed in degrees Celsius ( lPTS-68 ),
   the numerical coefficients given below
The formula is valid for temperatures in the range –20°C to +40°C
* Example :       for a proportion by mass       of 12$ J , p = 0.12
 ---pagebreak---                                                                     Annex I
                                                    *
             12                           6
       +: Σ  –
                      Α .k "ν-\ .
                                     +• Σ         Β .k ('-μο"
  '      . k = 2                        k - 1
             n        mi                                         .
    '+ ' E \ E                    C. ,"k c - 20
           .    .   .    .
                       –· · '.                                     η   =    5
                  '         " • .                           -,     mi =■ n
    •:                                                             1«J = _ 10
                                                               '   mj -     9
                               • ' ■    •     1 . .   ' . ^        m« – 4
■                                  .                               Dis –    2
 ---pagebreak---                                                                                                  Annex I - p « 3
                                             QArfCT^rr(,; T^-T»r«?* TTT fjnT
       k         .\A Y ■                                                             Bk
                     kg/m1
       1          9,982 012 300· 10*                                ■ 2,061 851 3    10-' kg/(m' • °C )
       2       – 1,929 769 495 • 10                                 • 5,268 254 2  ■ 10 -J kg/(mJ • °CS)
       3       ■ 3,891 238 953 · 1 0ι                                 3,613 001 3  • 10" J kg/(mJ -"CJ)
      •4·      – 1,668 103 923 ·10'                                 ■ 3,895 770 2  ■ 10"' kg/ Cm1 - °C4)
       5          1,352 215 441 · ΙΟ4                                 7,169 354 0 • 10-' kg/(mJ - °C5)
       6       – 8,829 278 385 - 104 .                              - 9,973 923 1 • 10-" kg/(mJ - "C4)
       7          3,062 874 042 · 10$
     • 8       – 6,138 381 234 ΊΟ5
       9          7,470 172 998 • 105
      10       – 5,478 461 354 • 10*
      U           2,234 460 334 ■ 105
      12       – 3.903 285 426 • 104
                         G,
                          ^ l,k
                                                                                 c,k
            r-       . kg/(m5 • °C)          c?                               kg/Cm' - 0 ^)
        1          1,693 443 461 530 087 - 10 " 1                       1,193 013 005 057 010 • 10 " 1
        2       – 1,046 914 743 455 169-10'                             2,517 399 633 803 461 • 10M
        3          7,196 353 469 546 523 • 101                        • 2,170 575 700 536 993
        4       _ 7,047 478 054 272 792 • 10*                           1,353 034 988 843 029 ■ 10'
        5          3,924 090 430 035 045 • 10'                        ■ 5,029 988 758 547 014 - 10'
        6       – 1,210 164. 659 068 747 - 10                           1,096 355 666 577 570-10*
        7          2,248 646 550 400 788 / 104                        • 1,422 753 946 421 155 * 1 01
        8 •     – 2,605 562 982 188 164 • 104                           1,080 435 942 856 230 * 10J
        9 ,,       1,852 373.922 069 467 - IO4                        ■ 4,414 153 236 817 392 - 101
       10       – 7,420 201 433 430 137 * 10'                           7,442 971 530 188 783
       11 '        1,285 617 841 998 974 • 10J
yy               Q,                                       G
                                                          ^ 4,k
                                                                                                  C,,'
             kg/(ms • °C5)                          kg/(m} ">C4)                               kg/Cm1 - °CS)
 1  – 6,802 995 733 503 803 • io  10 -"44    4,075 376 675 622 027 · 10 "*              2,788 074 354 782 409 * 30""
 2     1,876 837 790 289 664 • 10'2
                                  10'2     ■ 8,763 058 573 471 110 Ί0··                  1,345 612 883 493 354· 10 " »
3   – 2,002 561 813 734 156 - io-'10"'       6,515 031 360 099 368 · 10"·
 4      1,022 992 966 719 220              • 1,515 784 836 987 210 - ΙΟ " 4
 5• – 2,895 696 483 903 638 '
 6     4,810 060 584 300 675
 7  – 4,672 147 440 794 683
'8     2,458 043 105 903 461
 9  – 5,411 227 621 436 812 - 10-'
 ---pagebreak---                                       ΑχΤΓΙΠΧ II
                 ALCOHOLOMETERS AI'TD HTDRQH5TERS FOR ALCOHOL
1•  IEFDTTTTOIT OF THE riSTRUI-IETTTS
1.1 Alcoholometers are instruments made of glass which indicate , as a
    percentage :
    ( a) the proportion of alcohol "by mass (fo mass )
    (b ) the proportion of alcohol "by volume (fo vol )
    According to which entity they measure , they are designated as mass
    alcoholometers or as volume alcoholometers .
    Hydrometers for alcohol are glass instruments designed to measure
    density in kilograms per cubic metre , of a mixture of water and
    alcohol .
1.2 The instruments referred to in this Directive are graduated at the
    standard temperature of 20°C and in accordance with the values which
    appear in the international alcohol tables published by the
    International Organization of Legal Metrology .
1.3 They are graduated for readings made at the free horizontal surface
    of the liquid .
2.  rSSCEIPTTOlT OF THE JÎBTHUI^'TTS
2.1 Alcoholometers and hydrometers for alcohol are glass instruments ,
    each consisting of :
    a cylindrical body , the bottom of which is cone-shaped or hemispherical
    so that it does not entrap air bubbles ,
    a hollow cylindrical stem fused to the upper part     of the body t
    ii,s upper end is closed.
2.2 The external surface of each instrument shall be symmetrical about
    its main axis .
    The cross Eection shall not exhibit any abrupt alteration.
2.3 The lower part of the body contains the loading material , whose
    purpose is to adjust the mass of the hydrometer.
2.4 The stem carries a scale marked on a cylindrical support which is
    rigidly fixed to the inside of the stem .
 ---pagebreak---                                        ~  2  -
                                           i
                                          i                   ^
3.     FRINCIPLES OP CONSTRUCTION
3.1 The glass used for making the instruments shall be transparent and
       free from any defect liable to interfere with the reading of
     - measurements from the scale .                     ' ■
       The glass shall have a coefficient of cubic expansion of ( 25 <~2 )
       lOT^C"1 .
3.2    The loading material shall be confined within the lower part of tho
       body.
       If the loading material is solid , it shall not soften when its
       temperature is raised to 80°C .
       There shall be no loose material whatsoever in any other part of the
       instrument .
3.3    The instrument shall float with its axis close to the vertical .    The
       maximum permitted angle between the axis and the vertical is 1.5
       degrees of arc .
4.     SCALE
4.1    Ko instrument shall have more than one scale .
4.2    The scale and the inscriptions shall be marked on a support which
       shall have a smooth matt surface .
       This support shall be held rigidly in place in the stom and reference
       marks shall be provided so that any displacement of the scale and its
       support relative to the stem is apparent .
       Neither the support , the scale nor the inscriptions shall show any
       trace of distortion , discoloration or charring when maintained at
       70°C for 24 hours .
4.3    The graduation marks shall be :
       situated in planes perpendicular to the axis of the instrument ,
             *
       black   and marked clearly and indelibly ,
   :   fine , clear-cut and of a uniform thickness not greater than 0.2 mm .
4«4    The short graduation lines shall extend to at least one fifth of the
       circumference of the stem , and the medium lines to at least one third
       and the long lines to at least one half of the circumference .
 N.B. Beyond the range of the nominal scale tho graduations may be of a
        different colour
 ---pagebreak---                                         3
4-5 The nominal scales of individual alcoholometers shall cover a range
     not greater than 10$ of alcohol ( by mass or "by volume ).
     The scales shall be marked in steps of 0.1$.
     Each scale shall include 5 - 10 additional graduations "beyond its
     upper and lower nominal limits .
4.6 The nominal scales of hydrometers for alcohol shall cover a range not
     greater than 20 kg/m^.      The scales shall be marked in stops of
     0.2 kg/m^.
     Each scale shall include 5-10 additional graduations beyond the
     noninal limits of the scale .     However , prolongation of the scale
     beyond 1000 kg/m"' is not obligatory.
5.   GRAHUATIOIT AM) M3MEERIUG
5.1 On alcoholometers , every tenth line counting from one of the nominal
     limits of the scale , is a long line .     There is a medium line between
     each successive pair of long lines and four short lines between each
     long line and the nearest medium line .
     Only the long lines are numbered .
5.2 On hydrometers for alcohol , every fifth line counting from one of the
     nominal limits of the scale is a long line .      There are four short
     lines between two consecutive long lines .
     The fifth and tenth long lines are numbered.
5.3 The graduations corresponding to the nominal limits of the scale
     shall be numbered in full .     On hydrometers for alcohol the
     intermediate numbers may be abbreviated .
6 .• CLASSIFICATION AED PRINCIPAL DIMEK5 IOIIS OF IR3TRI3I15ITT3
6.1  The instruments are divided into two precision classes as follows :
     Class 1 :  The minimum mean length of a scale division sliall be
                1.5       Instruments of this class shall not have a
                thermometer built in.
     Class 2 :  The minimum mean length of a. scale division shall be
                1.05 mm .  Instruments of this class may have a built-
                in thermometer .
 ---pagebreak---                                      -   4
                                                                         J •
6.2 The external diameter of the tody of any instrument shall be at least
      19 mm and not greater than 40 mm .
      The external diameter of the stem shall "be at least 3 mm for Class 1
      instruments and at least 2.5 nim for Class 2 instruments .  The stem
      shall extend for at least 15 mm above the uppermost graduation of the
      scale . . The cross-section of the stem must remain unchanged for at
      least 5 mm "below the lowest graduation of the scale .
7.    IÎI5CRIPTI0E3
7.1 The following inscriptions shall "be legibly and indelibly marked
      inside the instrument :
      Class 1 or 2
      kg/ra^ or fo vol or % mass
      20°C
      ethanol
      the iiame or mark of the manufacturer
      the identification number of the instrument .
7.2 The mass of the instrument , expressed in milligrams may, if desired ,
      be marked on the body.
8.    KAXfllPM PERMISSIBLE ERRORS AM) VERIFICATION
8.1 - The maximum permissible error for alcoholometers and hydrometers for
      alcohol shall be :
                                 +
      for Class 1 instruments , ~ one half scale division for each point
      tested .
                                 +
      for Class 2 instruments , ~ one scale division at each point tested.
8.2 The scale shall be verified at not less than three points along its
      nominal length .
9.    TEEIKCMETSRS
9.1 If the instrument being used to measure the proportion of alcohol
      belongs to Class 1., the thermometer used shall be
      of the metallic resistance or the mercury-expansion type with glass
      casing,
      graduated to 0,1 or 0.05°C .
 ---pagebreak---                                           – 5 ~r
      The maximum permissible error is + 0*05°C at all points on the scale .
      Mercury thermometers shall include a graduation at 0°C .
9*2. If the instrument being used to measure the proportion of alcohol belongs
      to Class 2 , the thermometer shall be :
      of thcs mercury-expansion type , with a glass casing and a scale including
      a graduation at 0°C ,
      graduated to 0.1 or 0.2°0 .
      The maximum permissible error , plus or minus , shall be s
      0.1°C if the thermometer is graduated to 0.1°G ,
      0.15°C if the thermometer is graduated to 0.2C C.
      The thermometer may be incorporated in the instrument used to measure the
      proportion of alcohol .
 10 . MAKKIïïC-S
      On the back of alcoholometers and hydrometers for alcohol a space must be
      left in the upper third of the body for the EEC initial verification mark .
      Pursuant to Section 3.1.1 . of Annex II to the Council Directive of
      26 July 1971 on the approximation of laws of the Member States relating
      to common provisions for both measuring instruments and methods of
      metrological control , ( 7l/3l6/EEC ) and by way of derogation from the general
      rule laid down in Section 3 of the same Annex , the initial verification
      mark , because of mandatory provisions for marking glass instruments , must
      consist of a series of signs having the following meaning s
      - a small letter " e ";
      - the last two digita of the year of verification ;
      - the identifying letter or letters of the State where the initial verification
        was carried outj
      - if necessary , the identifying number of the verification office .
      When the marking is done by sandblasting , the letters and numbers shall be
      applied so as not to impair their legibility .
      Brample : e 75 D 48 : initial verification carried out in 1975       Bureau 48
      in We3t Germany .