S.I. No. 447/1994:

EUROPEAN COMMUNITIES (NON-AUTOMATIC WEIGHING INSTRUMENTS) (AMENDMENT) REGULATIONS, 1994.

EUROPEAN COMMUNITIES (NON-AUTOMATIC WEIGHING INSTRUMENTS) (AMENDMENT) REGULATIONS, 1994.

I, RICHARD BRUTON, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and the Industry and Commerce (Alteration of Name of Department and Title of Minister) Order, 1993 ( S.I. No. 19 of 1993 ), and for the puropse of giving effect to Articles 8 and 14 of Council Directive No. 93/68/EEC of 22nd July, 1993¹ amending Council Directive No. 90/384/EEC of 20th June, 1990 on the harmonisation of the laws of the Member States relating to non-automatic weighing instruments, hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Non-automatic Weighing Instruments) (Amendment) Regulations, 1994.

(2) These Regulations shall come into operation on 1st January, 1995.

(3) Non-automatic weighing instruments complying with the marking requirements in force before 1st January, 1995 may continue to be placed on the market and put into service until 1st January, 1997.

2. In these Regulations, the "Principal Regulations" means the European Communities (Non-automatic Weighing Instruments) Regulations, 1992 (S.I. 424 of 1992).

3. (1) The Principal Regulations are hereby amended by the substitution for the expressions "EC mark of conformity" and "EC mark" of "CE mark of conformity" and "CE mark" respectively wherever the former expressions occur in the Principal Regulations.

¹O.J. No. L220, 30. 8. 93, p. 1.

²O.J. No. L189, 20.7.90. p 1.

(2) Regulation 2 (1) of the Principal Regulations is hereby amended by the substitution for the definition of "EC mark of conformity" of the following definition:

" 'CE mark of conformity' means the mark specified in Article 8.9 of Council Directive 93/68/EEC of 22nd July, 1993".

(3) A specimen form of the CE mark of conformity is set out in the Schedule to these Regulations.

4. Regulation 5 of the Principal Regulations is hereby amended by the substitution for paragraph (3) of the following paragraph:

"(3) Any person who places in service or causes to be placed in service or uses for any of the applications referred to in Regulation (4) (a), any instrument which does not meet the requirements of the Regulations that apply to it, including Regulation 19, and which does not bear the CE mark shall be guilty of an offence.".

5. Regulation 19 (1) of the Principal Regulations is hereby amended by the substitution for "(1)" of "(1) (a)" and the insertion of new subparagraph as follows:

"(b) Where one or more of the Community Directives which apply to the instruments allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE mark shall indicate conformity only to the Directives applied by the manufacturer. Particulars of the Directives applied shall be given in the documentation required by the Directives and accompanying such instruments.".

6. (1) Regulation 21 of the Principal Regulations, is hereby amended by the substitution for paragraph (2) of the following paragraph:

"(2) ( a ) Any person who gives information in connection with an instrument by means of a misleading mark or inscription which is likely to deceive third parties as to the meaning and form of the CE mark may be guilty of an offence.

( b ) Any other markings may be affixed to an instrument provided that the visibility and legibility of the CE mark is not thereby reduced.".

(2) Regulation 21 (3) of the Principal Regulations is hereby amended by the deletion of the words "either a notified body or".

(3) Regulation 21 of the Principal Regulations is hereby amended by the substitution for paragraph (4) of the following paragraph:

"(4) Without prejudice to Regulation 10, where the Minister establishes that the CE mark has been affixed unduly to an instrument, he shall notify the manufacturer or his authorised agent established within the Community who shall, within fourteen days of being so notified, take the necessary action to end infringement. He shall comply with any conditions imposed by the Minister.".

7. Regulation 13 (2) (a) of the Principal Regulations is hereby amended by the addition of "and shall draw up a written declaration of conformity" after the word "Directive".

8. Regulation 16 of the Principal Regulations is hereby deleted and replaced by the following:

"16. (1) The manufacturer shall take all necessary measures in order that the manufacturing process ensures conformity of the instruments, where applicable, with the type as described in the EC type-examination certificate and with the requirements of this Directive which apply to them.

(2) An application for EC verification shall be made to a notified body by the manufacturer or his authorised representative established within the Community and each application shall be accompanied by a written declaration of conformity of the instrument to the requirements of the Directive which apply to it and, where appropriate and subject to paragraph (3), shall be accompanied by a copy of the type-approval certificate if the notified body so requests.

(3) An application under paragraph (2) in respect of instruments to which Regulation 11 (2) relates shall, if the notified body so request, be accompanied by the design documentation as specified in Regulation 12 (1) (c) relating to those instruments.

(4) Where after carrying out the appropriate examination and tests on every instrument submitted for EC verification, the notified body is satisfied that the instruments, where appropriate, have been manufactured in conformity with an approved type and satisfy the provisions of these Regulations that apply to them, it shall affix or cause to be affixed to each instrument its identification number and shall draw up a written certification of conformity relating to the tests carried out.

(5) The manufacturer or his authorised representative established within the Community shall, on request, make available the notified body's certificate of conformity.

(6) If after carrying out the examinations and tests referred to in paragraph (4), the notified body refuses to issue a certificate of conformity, it shall in writing, inform the applicant of its decision and of the grounds for its decision.".

9. Regulation 17 of the Principal Regulations is hereby deleted and replaced by the following:

"17. (1) An application for EC unit verification shall be made to a notified body, by the manufacturer or his authorised representative established within the Community and shall be accompanied by a declaration of conformity to the relevant requirements of these Regulations.

(2) An application under paragraph (1) shall be accompanied by the design documentation as specified in Regulation 12 (1) (c).

(3) Where after carrying out the appropriate examinations and tests, the notified body is satisfied that the instrument, generally designed for a specific application, meets the requirements of these regulations which apply to it, the notified body shall affix to the instrument, its identification number and shall draw up a written certificate of conformity concerning tests carried out.

(4) The manufacturer or his authorised representative established within the Community shall on request, make available the notified body's certificate of conformity.

(5) If after carrying out the examinations and tests referred to in paragraph (3), the notified body refuses to issue a certificate of conformity, it shall in writing, inform the applicant of its decision.".

10. Regulation 18 of the Principal Regulations is hereby deleted and replaced by the following:

"18. The locations at which the EC declaration of conformity, the EC verification and the EC unit verification may be carried out, and the procedures to be followed, shall be determined in accordance with paragraph 5 of Annex II of the Directive.".

SCHEDULE

CE CONFORMITY MARKING

-- The CE conformity marking shall consist do the initials "CE" taking the following form:

-- If the CE marking is reduced or enlarged the proportions given in the above graduated drawing must be respected.

-- The various components of the CE marking must have substantially the same vertical dimension, which may not be less than 5 mm.

GIVEN under my Official Seal, this 22nd day of December, 1994.

RICHARD BRUTON,

Minister for Enterprise and

Employment.

EXPLANATORY NOTE.

These Regulations implement Articles 8 and 14 of Council Directive 93/68 on CE Marking which amended Council Directive 90/384 on the harmonisation of the laws of Member States relating to Non-Automatic Weighing Instruments.

The Regulations which come into effect on 1st January, 1995, amend the European Communities (Non-Automatic Weighing Instruments) Regulations, 1992 ( S.I. No. 424 of 1992 ) with regard to the application of the CE mark. A two year transitional period from this date is allowed for instruments which met the previous CE marking requirements.