S.I. No. 47/2018 - European Union (Non-Automatic Weighing Instruments) Regulations 2018

• (2) Where an authorised officer determines—

• (a) that an instrument exceeds the maximum permissible error set down in Regulation 51(2) by not more than 10%, or

• (b) that the degree of non-compliance with the requirements of these Regulations is such that the instrument should not immediately be taken out of service,

the authorised officer shall issue to the user a notice in writing giving reasons for his or her decision and directing the user to rectify the matter within a period not exceeding 20 working-days.

• (3) Should the user fail to comply with the direction issued under paragraph (2) by the date given in the notice, the authorised officer shall affix the non-conformity mark to the instrument.

• (4) Except where provided for in paragraph (2) an authorised officer shall immediately affix the non-conformity mark to any instrument found not to be allowed to continue in use for one or more reasons set out in paragraph (1).

• (5) An instrument referred to in paragraphs (3) or (4) shall thereafter be submitted for verification in accordance with Regulation 50 in order to be used for the purposes set down in Regulation 3 (a).

Verification

50.

• (a) the essential requirements for its first placing on the market and any relevant certificate granted by a notified body for its putting into service,

• (b) the maximum permissible errors referred to in Regulation 51 (1),

• (c) the manner of use requirements set down in Regulation 54.

Maximum permissible errors

51.

• (2) The maximum permissible errors applicable upon inspection in-service of non-automatic weighing instruments are twice the values set down in the Table to this Regulation.

Table

Sealing and securing

52.

• (2) Facilities for providing such securing where not already present on the instrument shall be provided by the user.

• (3) Interference with or tampering with or removal of any prescribed mark or any security device or seal shall be deemed to invalidate any previous verification.

Affixation of prescribed marks

53.

• (2) Where a verification mark is affixed subsequent to a non-conformity mark it shall be affixed in such a position that it obliterates any non-conformity mark in so far as possible.

• (3) Any non-conformity mark required to be affixed under these Regulations shall be affixed in such a position that it obliterates any verification mark in so far as possible.

• (4) It shall be an offence to use an instrument for the applications referred to in Regulation 3(a) where—

• (a) such instrument bears a non-conformity mark affixed in accordance with Regulation 51, or

• (b) the verification of such instrument has been deemed invalid under Regulation 52(3).

Manner of use

54.

• (a) within the environmental conditions for which it is intended,

• (b) in the manner for which it is intended, and

• (c) in accordance with any inscription signifying the manner and purpose of use;

• (2) The user of an instrument for the applications referred to in Regulation 3(a) shall ensure—

• (a) the instrument is not installed in conditions that could prevent the instrument from operating consistently or accurately and such conditions are not likely prematurely to degrade the instrument performance,

• (b) no inscription or article is placed on an instrument where if it be so placed as to obscure or interfere with the placement of any prescribed mark or inscription.

Re-installation

55.

Printers

56.

Testing procedures

57.

Appeals

58.

• (2) An appeal under paragraph (1) shall set out specifically any manner in which it is claimed that the authorised officer or special body misapplied any provision of Part 7 of these Regulations.

• (3) The Director shall not decide the appeal until he or she has—

• (a) received a report on the matter from the authorised officer or special body concerned, and

• (b) afforded the person aggrieved and the authorised officer or special body an opportunity to make submissions to him or her, and

• (c) where he or she considers it necessary or desirable, received the result of any other test or examination of the instrument performed on his or her behalf by any other person for that purpose.

• (4) In deciding the appeal, the Director may—

• (a) reject the appeal and confirm the performance of any operation by the authorised officer or special body concerned, or

• (b) allow the appeal and direct the authorised officer or special body concerned to perform the operation concerned in a manner specified in that direction.

• (5) A decision by the Director on an appeal under this Regulation shall be final and binding and no further appeal shall lie under these Regulations.

Removal of seals or marks

59.

• (2) No person is guilty of an offence under paragraph(1) if he or she removes any marking or tag or breaks any seal or device referred to in that subsection for the purpose of altering, adjusting or repairing an instrument, and so informs the user.

• (3) The user of the instrument shall, as soon as practicable after being so informed, arrange to have the instrument verified in accordance with Regulation 50.

Fees

60.

• (2) A notified body may charge a fee which shall be equal to the amount which the notified body estimates it will incur in, or in connection with, carrying out or causing to be carried out the functions referred to in these Regulations in respect of the application concerned.

• (3) A fee charged pursuant to paragraph (1) or (2) shall—

• (a) be reasonable, proportionate and commensurate with the costs incurred in respect of the particular function or service,

• (b) not exceed the real cost of the function or service provided, and

• (c) in the case of a flat-rate fee, be justified by reference to the average cost of the function or service provided.

PART 8 General

Repeal and Revocations

61.

• (2) The Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ) are amended—

• (a) in Regulation 2 (1)—

• (i) by the deletion of the definition of “Directive 90/384/ EEC”,

• (ii) by the deletion of “(or in the case of non-automatic weighing instruments taking out of use for any purpose prescribed by Regulation 4 (a) of the 1992 Regulations” in the definition of “taking out of service”,

• (iii) the deletion of the definition of “1992 Regulations”,

• (b) in Regulation 2(2), by the deletion of “Directive 90/384/ EEC”,

• (c) by the revocation of Regulation 3 (2),

• (d) by the revocation Regulation 3(5) (a),

• (e) in Regulation 8(2) (b), by the deletion of clause (iii)

• (f) in Regulation 9 (a), by the deletion of clause (iii),

• (g) in Regulation 68 (a), by the deletion of “of Directive 90/384/EEC or”.

• (3) Regulation 2(1) of the Legal Metrology (Marks) Regulations 2008 ( S.I. No.296 of 2008 ) are amended—

• (a) by the deletion of the definition of the definition of “1992 Regulations”, and,

• (b) by inserting the following definition:

“2018 Regulations’ means the European Union (Non-automatic Weighing Instruments) Regulations 2018 ( S.I. No. 47 of 2018 ).

• (4) The European Communities (Non-automatic Weighing Instruments) Regulations 1992 ( S.I. No. 424 of 1992 ) are revoked.

Transitional

62.

• (2) Certificates issued under the Regulations of 1992 shall be valid under these Regulations.

• (3) References to Directive 2009/23/EC in any Act or statutory instrument shall be construed as references to the Directive.

GIVEN under my Official Seal,

5 March 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 effect to Directive 2014/31/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 non-automatic weighing instruments (recast).

The Regulations provide for the free movement within the Community of non-automatic weighing instruments and set out essential requirements, which must be met for instruments intended for certain specified uses.

Part 1 deals with the General Provisions of the Regulations and contains definitions, application to the instruments as defined in Annexes 1 to VI of the Directive.

Part 2 of the Regulations sets out the Obligations of Economic Operators (authorised representatives, manufacturers, importers and distributors) in relation to the marking of, and the indication of regulated 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 Instruments. An instrument which is in conformity with harmonised standards (or part of such a standard) the references to which have been published in the Official Journal of the Union shall be presumed to be in conformity with the essential requirements referred to in Annex I of the Directive, covered by that standard (or part of that standard).

Part 4 of the Regulations deals with Notification of Conformity Assessment Bodies. The Regulations provide 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.

Part 5 of the Regulations deals with Union Market Surveillance, and Control of Instruments entering the Union Market and Union Safeguard Procedures for dealing with 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.

Part 7 deals with Instruments in Service. A person who uses or has in his or her possession for use an instrument to which Regulation 3(a) applies, shall ensure that the instrument continues to conform to the requirements of the Regulations and the Directive in accordance with the procedures and requirements set down in this Part. A person who knowingly fails or neglects to comply with the above, commits an offence. Any person aggrieved by a decision made under Part 7, can appeal to the Director of Legal Metrology.

Part 8 deals with Repeal and Revocations and Transitional Provisions. Under the Regulations:

• (1) Section 10 (6) of the Metrology Act 1996 (No. 27 of 1996) is repealed.

• (2) The Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ) are either amended or revoked as follows: in Regulations 2(1), 2(2), 3(2), 3(5)(a), 8(2)(b)(iii), Regulation 9(a)(iii), and Regulation 68(a).

• (3) Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ) are amended.

• (4) Regulation 2(1) of the Legal Metrology (Marks) Regulations 2008 ( S.I. No.296 of 2008 is amended.

• (5) The European Communities (Non-Automatic Weighing Instruments) Regulations 1992 ( S.I. No. 424 of 1992 ) are revoked.

Footnotes