S.I. No. 173/1979 - European Communities (Measuring Systems For Liquids Other Than Water) Regulations, 1979.


S.I. No. 173 of 1979.

EUROPEAN COMMUNITIES (MEASURING SYSTEMS FOR LIQUIDS OTHER THAN WATER) REGULATIONS, 1979.

I, DESMOND O'MALLEY, Minister for Industry, Commerce and Energy, in exercise 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. 77/313/ EEC of 5 April, 1977, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Measuring Systems for Liquids other than Water) Regulations, 1979.

2. (1) In these Regulations "the Council Directive" means Council Directive No. 77/313/EEC of 5 April, 1977.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directive.

3. (1) Only those measuring systems for liquids other than water to which the Council Directive applies may bear the EEC pattern approval sign and the EEC initial verification mark and they shall be subject to EEC pattern approval, if the provisions of the Annex to the Council Directive so require, and to EEC initial verification under the conditions laid down in paragraph 1.2.2. of Annex II to Council Directive 71/316/EEC of 26 July 19711 and the Annex to the Council Directive.

(2) Only those measuring system components and sub-assemblies to which the Council Directive applies may bear the EEC pattern approval sign.

(3) Nothing in the Weights and Measures Acts, 1878 to 1961, or any instrument made thereunder shall, on the grounds of their metrological properties, prohibit, prevent or restrict, or authorise or empower the prohibition, prevention or restriction of, or the refusal to authorise or permit, the placing on the market or entry into service of measuring systems for liquids other than water, and measuring system components and sub-assemblies, to which the Council Directive applies if such systems, components and sub-assemblies bear the EEC pattern approval sign or such systems bear the EEC initial verification mark provided for in paragraph 3.1.1.2 of Annex II to Council Directive No. 71/316/EEC of 26 July, 1971.

1 OJ No. L105/18, 28/4/1977.

2 OJ No. L202/1, 6/9/1971.

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, shall apply to measuring systems for liquids other than water to which the Council Directive applies as they apply to the instruments covered by those Regulations, subject to the modifications that in those Regulations references to inspectors shall be construed as references to inspectors under the Weights and Measures Acts 1878 to 1961, and references 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 Annex to the Council Directive.

(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 measuring systems for liquids other than water, and measuring system sub-components and assemblies, to which the Council Directive applies as they apply to instruments covered by those Regulations.

GIVEN under my Official Seal, this 15th day of May, 1979.

DESMOND O'MALLEY,

Minister for Industry, Commerce

and Energy.

EXPLANATORY NOTE

These regulations are made to give effect so far as necessary, to Council Directive No. 77/313/EEC the approximation of the laws of Member States relating to measuring systems for liquids other than water.