S.I. No. 309/2008 - European Communities (Measuring Instruments) Regulations 2008


EUROPEAN COMMUNITIES (MEASURING INSTRUMENTS) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 5th August, 2008.

I, MARY COUGHLAN, Minister for Enterprise, Trade and Employment, 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 2006/96/EC of 20 November 2006 1 and Commission Directive 2007/13/EC of 7 March 2007 2 and to give further effect to Council Directive 71/316/EEC of 26 July 1971 3 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Measuring Instruments) Regulations 2008.

2. The European Communities (Measuring Instruments) Regulations 1973 ( S.I. No. 67 of 1973 ) are amended—

(a) by inserting the following Regulation after Regulation 2:

“2A. In these Regulations ‘Council Directive No. 71/316/EEC’ means Council Directive 71/316/EEC of 26 July 19713 as amended by the Act 4 concerning the conditions of Accession and adjustments for the Treaties, Council Directive 72/427/EEC of 19 December 1972 5 , the Act 6 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 83/575/EEC of 26 October 1983 7 , the Act 8 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 87/354/EEC of 25 June 1987 9 , Council Directive 87/355/EEC of 25 June 1987 10 , Council Directive 88/665/EEC of 21 December 1988 11 , the Act 12 concerning the conditions of Accession and the adjustments to the Treaties, the Act 13 concerning the conditions of Accession and the adjustments to the Treaties, Council Regulation (EC) No. 807/2003 of 14 April 2003 14 , Council Directive 2006/96/EC of 20 November 20061 and Commission Directive 2007/13/EC of 7 March 20072.”,

(b) by inserting the following Regulation after Regulation 5:

“5A. The drawings of distinguishing letters referred to in paragraph 3.2.1 of Annex II of Council Directive No. 71/316/EEC are set out in Schedule 7.”,

(c) in Schedule 1, in paragraph 1.1.1.1.1.1.(a) by inserting “A for Austria, S for Sweden, FI for Finland, CZ for the Czech Republic, EST for Estonia, CY for Cyprus, LV for Latvia, LT for Lithuania, H for Hungary, M for Malta, PL for Poland, SI for Slovenia, SK for Slovakia, BG for Bulgaria and RO for Romania” after “Portugal,”,

(d) in Schedule 2, in paragraph 1(i), by inserting “, A for Austria, S for Sweden, FI for Finland, CZ for the Czech Republic, EST for Estonia, CY for Cyprus, LV for Latvia, LT for Lithuania, H for Hungary, M for Malta, PL for Poland, SI for Slovenia, SK for Slovakia, BG for Bulgaria and RO for Romania” after “Portugal”, and

(e) by inserting the Schedule set out in the Schedule to these Regulations after Schedule 6.

3. Regulation 2 of the European Communities (Measuring Container Bottles) Regulations 1977 ( S.I. No. 237 of 1977 ) is amended in the definition of “the EEC sign” by inserting “Council Directive 72/427/EEC of 19 December 19725, the Act6 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 83/575/EEC of 26 October 19837, the Act8 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 87/354/EEC of 25 June 19879, Council Directive No. 87/355/EEC of 25 June 198710, Council Directive 88/665/EEC of 21 December 198811, the Act12 concerning the conditions of Accession and the adjustments to the Treaties, the Act13 concerning the conditions of Accession and the adjustments to the Treaties, Council Regulation (EC) No. 807/2003 of 14 April 2003 14 , Council Directive 2006/96/EC of 20 November 20061 and Commission Directive 2007/13/EC of 7 March 20072” after “Treaties,”.

4. Regulation 3 of the European Communities (Taximeters) Regulations 1978 ( S.I. No. 315 of 1978 ) is amended by inserting the following after paragraph (2):

“(3) In this Regulation ‘Council Directive No. 71/316/EEC of 26 July 1971’ means Council Directive 71/316/EEC of 26 July 19713 as amended by the Act4 concerning the conditions of Accession and adjustments for the Treaties, Council Directive 72/427/EEC of 19 December 19725, the Act6 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 83/575/EEC of 26 October 19837, the Act8 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 87/354/EEC of 25 June 19879, Council Directive 87/355/EEC of 25 June 198710, Council Directive 88/665/EEC of 21 December 198811, the Act12 concerning the conditions of Accession and the adjustments to the Treaties, the Act13 concerning the conditions of Accession and the adjustments to the Treaties, Council Regulation (EC) No. 807/2003 of 14 April 2003 14 , Council Directive 2006/96/EC of 20 November 20061 and Commission Directive 2007/13/EC of 7 March 20072.”.

5. Regulation 3 of the European Communities (Measuring Systems for Liquids other than Water) Regulations 1979 ( S.I. No. 173 of 1979 ) is amended by inserting the following after paragraph (3):

“(4) In this Regulation ‘Council Directive 71/316/EEC of 26 July 1971’ means Council Directive 71/316/EEC of 26 July 19713 as amended by the Act4 concerning the conditions of Accession and adjustments for the Treaties, Council Directive 72/427/EEC of 19 December 19725, the Act6 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 83/575/EEC of 26 October 19837, the Act8 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 87/354/EEC of 25 June 19879, Council Directive 87/355/EEC of 25 June 198710, Council Directive 88/665/EEC of 21 December 198811, the Act12 concerning the conditions of Accession and the adjustments to the Treaties, the Act13 concerning the conditions of Accession and the adjustments to the Treaties, Council Regulation (EC) No. 807/2003 of 14 April 2003 14 , Council Directive 2006/96/EC of 20 November 20061 and Commission Directive 2007/13/EC of 7 March 20072.”.

6. Regulation 3 of the European Communities (Automatic Checkweighing and Weight Grading Machines) Regulations 1981 ( S.I. No. 150 of 1981 ) is amended by inserting the following after paragraph (2):

“(3) In this Regulation ‘Council Directive No. 71/316/EEC of 26 July 1971’ means Council Directive 71/316/EEC of 26 July 19713 as amended by the Act4 concerning the conditions of Accession and adjustments for the Treaties, Council Directive 72/427/EEC of 19 December 19725, the Act6 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 83/575/EEC of 26 October 19837, the Act8 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 87/354/EEC of 25 June 19879, Council Directive 87/355/EEC of 25 June 198710, Council Directive 88/665/EEC of 21 December 198811, the Act12 concerning the conditions of Accession and the adjustments to the Treaties, the Act13 concerning the conditions of Accession and the adjustments to the Treaties, Council Regulation (EC) No. 807/2003 of 14 April 2003 14 , Council Directive 2006/96/EC of 20 November 20061 and Commission Directive 2007/13/EC of 7 March 20072.”.

7. Regulation 3 of the European Communities (Hot-Water Meters) Regulations 1981 ( S.I. No. 172 of 1981 ) is amended by inserting the following after paragraph (2):

“(3) In this Regulation ‘Council Directive No. 71/316/EEC of 26 July 1971’ means Council Directive 71/316/EEC of 26 July 19713 as amended by the Act4 concerning the conditions of Accession and adjustments for the Treaties, Council Directive 72/427/EEC of 19 December 19725, the Act6 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 83/575/EEC of 26 October 19837, the Act8 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 87/354/EEC of 25 June 19879, Council Directive 87/355/EEC of 25 June 198710, Council Directive 88/665/EEC of 21 December 198811, the Act12 concerning the conditions of Accession and the adjustments to the Treaties, the Act13 concerning the conditions of Accession and the adjustments to the Treaties, Council Regulation (EC) No. 807/2003 of 14 April 2003 14 , Council Directive 2006/96/EC of 20 November 20061 and Commission Directive 2007/13/EC of 7 March 20072.”.

8. Regulation 2(1) of the European Communities (Tyre Pressure Gauges for Motor Vehicles) Regulations 1988 ( S.I. No. 175 of 1988 ) is amended by substituting for the definition of ‘Council Directive No. 71/316/EEC’ the following definition:

“ ‘Council Directive No. 71/316/EEC’ means Council Directive 71/316/EEC of 26 July 19713 as amended by the Act4 concerning the conditions of Accession and adjustments for the Treaties, Council Directive 72/427/EEC of 19 December 19725, the Act6 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 83/575/EEC of 26 October 19837, the Act8 concerning the conditions of Accession and the adjustments to the Treaties, Council Directive 87/354/EEC of 25 June 19879, Council Directive 87/355/EEC of 25 June 198710, Council Directive 88/665/EEC of 21 December 198811, the Act12 concerning the conditions of Accession and the adjustments to the Treaties, the Act13 concerning the conditions of Accession and the adjustments to the Treaties, Council Regulation (EC) No. 807/2003 of 14 April 2003 14 , Council Directive 2006/96/EC of 20 November 20061 and Commission Directive 2007/13/EC of 7 March 20072.”.

Regulation 2.

SCHEDULE

“SCHEDULE 7

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GIVEN under my Official Seal,

29 July 2008

MARY COUGHLAN.

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Commission Directive 2007/13/EC, to the applicable provisions of Council Directive 2006/96/EC, and further effect to Council Directive 71/316/EEC, in respect of the distinguishing drawings to supplement the distinguishing letters for Member States in respect of markings to be applied to measuring instruments placed on the Irish market in compliance with Council Directive 71/316/EEC.

The Regulations also set out the distinguishing letters for Bulgaria and Romania.

1 O.J. No. L 363, 20.12.2006, p.81.

2 O.J. No. L73, 13.3.2007, p. 10.

3 O.J. No. L202, 6.9.1971, p.1.

4 O.J. No. L73, 27.3.1972, p.14.

5 O.J. No. L291, 28.12.1972, p.156.

6 O.J. No. L.291, 19.11.1979, p.17.

7 O.J. No. L.332, 28.11.1983, p.43.

8 O.J. No. L.302, 15.11.1985, p.23.

9 O.J. No. L.192, 11.7.1987, p.43.

10 O.J. No. L 192, 11.7.1987, p. 46.

11 O.J. No. L 382, 31.12.1988, p.42.

12 O.J. No. C 241, 29.8.1994, p.21.

13 O.J. No. L236, 23.9.2003, p.33.

14 O.J No. L 122, 16.5.2003, p.36.