S.I. No. 328/1977 - European Communities (Measuring Instruments) Regulations, 1977.


S.I. No. 328 of 1977.

EUROPEAN COMMUNITIES (MEASURING INSTRUMENTS) REGULATIONS, 1977.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy in exercse of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 75/410/EEC1, Council Directive No. 73/362/EEC2 and Council Directive No. 74/148/EEC,3 hereby make the following regulations :

1 OJ No. L 183, 14/7/75, p. 25.

2 OJ No. L 335, 5/12/73, p. 56.

3 OJ No. L 84, 28/3/74, p. 3.

1. These Regulations may be cited as the European Communities (Measuring Instruments) Regulations, 1977.

2. A word or expression that is used in these Regulations and is also used in Council Directive No. 75/410/EEC has, unless the contrary intention appears, the meaning in these Regulations that it has in the said Council Directive No. 75/410/EEC.

3. Nothing in the Weights and Measures Acts, 1878 to 1961, or any instrument made thereunder, shall prohibit or restrict, or authorise or empower the prohibition or restriction of, or the refusal to authorise or permit, the placing on the market or entry into service of continuous totalizing weighing machines bearing the EEC pattern approval symbol or EEC initial verification mark.

4. (1) Regulations 7 and 11 (which relate to the affixing of EEC initial verification marks to instruments and the inspection of instruments to which such marks are affixed) of the European Communities (Measuring Instruments) Regulations, 1973 ( S.I. No. 67 of 1973 ), shall apply to the following instruments as they apply to the instruments covered by the said European Communities (Measuring Instruments) Regulations, 1973, namely :

( a ) continuous totalizing weighing machines,

( b ) material measures of length to which Council Directive No. 73/362/EEC applies, and

( c ) weights to which Council Directive No. 74/148/EEC applies,

subject to the modifications that references in those Regulations to inspectors shall be construed as references to inspectors under the Weights and Measures Acts, 1878 to 1961 and references in those Regulations to the special provisions applicable to an instrument of its category and the requirements prescribed were references to the requirements in relation to an instrument of its category specified in the Annexe to Directive No. 75/410/EEC, the Annexe to Directive No. 73/362/EEC or the Annexe to Directive No. 74/148/EEC.

(2) Paragraphs 2 and 3 (which relate to the affixing of EEC pattern approval symbols to instruments) of Schedule 2 of the said European Communities (Measuring Instruments) Regulations, 1973, shall apply to the instruments specified in subparagraphs (a) and (b) of paragraph (1) of this Regulation as they apply to instruments covered by those Regulations.

GIVEN under my Official Seal, this 26th day of October, 1977.

DESMOND O'MALLEY,

Minister for Industry, Commerce and Energy.

EXPLANATORY NOTE.

These regulations are made

(i) to give effect to Council Directive No. 75/410/EEC which lays down common provisions for the meteorological control of continuous totalizing weighing machines attached to conveyor belts, and

(ii) to apply some of the provisions of the European Communities (Measuring Instruments) Regulations, 1973, to weights and measures of length which are covered by Council Directives Nos. 74/148/EEC and 73/362/EEC respectively.