LegalizeS.I. No. 2/2018 - Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
2 amending acts · 2025-12-30, S.I. No. 626/2025 - Legal Metrology (European Conformity Assessment of Measuring Instrume…
(1) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, commits an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
- (2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.
Amendment of Water Services Act 2007
43.
Section 5 of the Water Services Act 2007 (No. 30 of 2007) is amended by the substitution of the following paragraph for paragraph (a) :
- “(a) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 20146 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast);”.
Amendment of Waste Management (Collection Permit) Regulations 2007
44.
The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are amended in Article 20(2) by the substitution of the following paragraph for paragraph (g) (iii) (substituted by Regulation 2(n) of the Waste Management (Collection Permit) (Amendment) Regulations 2016 ( S.I. No. 24 of 2016 )):
- “(iii) use an automatic weighing instrument that complies with the Metrology Act 1996 (No. 27 of 1996), Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017) and the Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2018 ( S.I. No. 2 of 2018 ) to weigh household kerbside waste in accordance with (I) and where the automatic weighing instrument is an automatic catchweigher it must be of accuracy Class Y(b) or better,”
Transitional — measuring instruments placed on market under Regulations of 2007
45.
(1) Measuring instruments which are in conformity with the Regulations of 2007 and which were placed or made available on the market or put into use before the coming into operation of these Regulations may continue to be made available on the market and where in use may be inspected in service in accordance with the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ).
- (2) Certificates issued under the Regulations of 2007 shall be valid under these Regulations.
- (3) A measuring instrument which was placed on the market or put into use in accordance with a type approval certificate issued under the Legal Metrology (Type Approval) Regulations 2006 ( S I. No. 207 of 2006 ) shall continue to conform to the requirements of that certificate notwithstanding the termination of the certificate under the Regulations of 2007.
Revocations
46.
The following are revoked:
- (a) Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007 ( S.I. No. 160 of 2007 ), and
- (b) Legal Metrology (European Conformity Assessment of Measuring Instruments) (Amendment) Regulations 2010 ( S.I. No. 543 of 2010 ).
GIVEN under my Official Seal,
4 January 2018.
HEATHER HUMPHREYS,
Minister for Business Enterprise and Innovation.
EXPLANATORY NOTE
(This note is not part of the Regulations and does not purport to be a legal interpretation)
These Regulations give further effect to Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (recast), (amended by Commission Delegated Directive (EU) 2015/13 of 31 October 2014 amending Annex III to Directive 2014/32/EU of the European Parliament and of the Council, as regards the flowrate range of water meters).
Articles 1 and 3 of Directive 2014/32/EU are transposed into Irish law by way of the Legal Metrology (Measuring Instruments) Act 2017 (No. 31 of 2017).
Directive 2014/32/EU (the Recast Measuring Instruments Directive) essentially aligns the existing Measuring Instruments Directive (2004/22/EC) with the New Legislative Framework.
The Regulations provide for the free movement within the Community of certain instruments and sets out essential requirements, which must be met for instruments intended for certain specified uses.
Part 1 of the Regulations contains definitions, application to the measuring instruments defined in the instrument-specific Annexes 111 to X11 referred to as the (“instrument-specific Annexes”); and an exemption from the requirements of the Regulations in relation to trade fairs, exhibitions and demonstrations.
Part 2 of the Regulations sets out the obligations of economic operators (manufacturers, importers and distributors) in relation to the marking and indication of regulated measuring instruments in the State, and, in particular to ensure that they meet the essential requirements applicable to those instruments.
Part 3 of the Regulations deals with the Conformity of Measuring Instruments. The Regulations provide that the essential requirements of the Directive may be met through the adoption by a manufacturer of the harmonised standards and/or appropriate normative documents, subject to the procedure stipulated in the Directive, containing technical specifications.
Part 4 of the Regulations provides for the appointment of a Notifying Authority and Notified Bodies to carry out the various functions such as type-approval, verification and quality system approval and sets out the obligations on manufacturers and the conditions under which they may issue a declaration of conformity and attach the CE mark and the Supplementary Metrology Mark, to instruments.
Part 5 of the Regulations deals with Union Market Surveillance, and Control of Measuring Instruments entering the Union Market and Union Safeguard Procedures for dealing with Measuring Instruments presenting a risk at national level.
Part 6 of the Regulations deals with Enforcement. The Regulations provide for an Appeals Procedure, market surveillance, powers of inspectors and authorised officers and penalties for Offences.
The Regulations amend:
Section 5 of the Water Services Act 2007 (No. 30 of 2007) and
Article 20 (2) of the Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007).
The Regulations Revoke:
- (a) Legal Metrology (European Conformity Assessment of Measuring Instruments) Regulations 2007 ( S.I. No. 160 of 2007 ), and
- (b) Legal Metrology (European Conformity Assessment of Measuring Instruments) (Amendment) Regulations 2010 ( S.I. No. 543 of 2010 ).
Footnotes
OJ No. L 96, 29.3.2014, p. 149.
OJ No. L 3, 7.1.2015, p. 42.
OJ No. L 96, 29.3.2014, p. 149.
OJ No. L 3, 7.1.2015, p. 42.
OJ No. L 218, 13.8.2008, p. 30.
OJ No.L 96, 29.3.2014, p.149.
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